Philippine Supreme Court Jurisprudence


Philippine Supreme Court Jurisprudence > Year 2010 > July 2010 Decisions > [G.R. No. 187693 : July 13, 2010] INTERTRANZ CONTAINER LINES, INC. AND JOSEFINA F. TUMIBAY, PETITIONERS, VS. MA. TERESA I. BAUTISTA, RESPONDENT.:




THIRD DIVISION

[G.R. No. 187693 : July 13, 2010]

INTERTRANZ CONTAINER LINES, INC. AND JOSEFINA F. TUMIBAY, PETITIONERS, VS. MA. TERESA I. BAUTISTA, RESPONDENT.

D E C I S I O N


BRION, J.:

For resolution is the present Petition for Review on Certiorari[1] which assails the Decision[2] and the Resolution[3] of the Court of Appeals (CA), rendered on November 26, 2008 and April 29, 2009, respectively, in CA-G.R. SP No. 101611.[4]

The Antecedents

Petitioners Intertranz Container Lines, Inc. and Josefina F. Tumibay (petitioners) are engaged in local and international freight forwarding services. On February 14, 2002, the petitioners employed Ma. Teresa I. Bautista as Customs Representative.

On September 10, 2004, Bautista filed a complaint against the petitioners for illegal dismissal, money claims, moral and exemplary damages and attorney's fees. She stated that as the company's customs representative, she attended to the processing of import documents of the company's clients and the delivery of their cargoes. Her daily work schedule was from 8:30 a.m. to 5:30 p.m., but her duties required her to work up to midnight without overtime compensation. Her monthly salary was increased to P8,000.00 upon her promotion as account officer with the duty of looking for clients. The company did not give her incentive leave and 13th month pay. On July 15, 2004, the petitioners terminated her employment without a valid reason and prior investigation; by reason of her dismissal, she suffered and continues to suffer extreme mental anguish and serious anxiety. She also claimed that Tumibay shouted at her when she was dismissed, and threatened to shoot her if she did not leave.

In defense, the petitioners alleged that on July 11, 2004, Bautista was caught red-handed overcharging the company for truck rental; she requested a cash advance of P6,000.00 to pay for the rental, but she actually paid the trucking service only P4,500.00, keeping for herself the balance of P1,500.00.[5] On July 12, 2004, Rhandy Villaflores, the company's Marketing Manager, asked Bautista to explain her side regarding the truck rental overcharge but she merely denied the accusation. On July 15, 2004, Villaflores submitted a report on the matter to Tumibay, who informed Bautista of the findings and asked her to explain her side. Bautista denied any wrongdoing and justified her taking a share from the truck rental as her referral fee, by claiming that she was the one coordinating/dealing with the trucking company. Bautista's insolent reply angered Tumibay who then told Bautista to resign; instead of resigning, she filed the complaint. On July 19, 2004, Bautista, representing herself as manager of a competitor company, Ramaga Cargo Express, sent a letter, dated July 18, 2004, to Sandvik Tamrock Phils., Inc., soliciting business, an act of "moon shining."[6] To avoid being formally charged with a fraudulent and dishonest act, Bautista opted to leave the company and stopped reporting for work. Since Bautista, by her acts, intentionally severed her employment with the company, a letter of notice for her to return to work and a show cause letter would have been a futile exercise. Moreover, the petitioners maintained that Bautista's dishonest acts constituted a just and valid cause for her dismissal, pursuant to company rules and regulations.

The petitioners denied liability for Bautista's money claims as they paid her 13th month benefits (except in 2004 when Bautista went on absence without leave) and service incentive pay. Her claim for overtime pay allegedly lacked basis because it was not supported by a pre-approved overtime schedule and a daily time record; as a member of the marketing department, she had no regular working hours. The petitioners likewise argued that Bautista cannot claim damages for mental anguish and anxiety because it was her own fraudulent and dishonest act that caused her dismissal from the company. In addition, Tumibay cannot be held personally liable for corporate acts done in her capacity as managing director of the company.

The Compulsory Arbitration Proceedings

On June 15, 2005, Labor Arbiter Aliman D. Mangandog rendered a decision[7] declaring Bautista's dismissal illegal. He ordered Bautista's reinstatement and directed the petitioners to pay her, jointly and severally, P409,262.89 representing backwages and other monetary benefits, P500,000.00 as moral damages, P300,000.00 as exemplary damages, and P120,926.29 as attorney's fees.

On July 11, 2005, the petitioners filed with the National Labor Relations Commission (NLRC) a Notice of Appeal, accompanied by a Memorandum of Appeal, an Appeal Bond for P531,000.00, and a Motion to Reduce Appeal Bond. On July 14, 2005, Bautista moved for the execution of the reinstatement aspect of the labor arbiter's decision. On August 4, 2005, Bautista filed a Motion for Payroll Reinstatement, which the arbiter granted in an Order dated December 15, 2005,[8] despite the petitioners' opposition.[9] The petitioners moved for reconsideration of the labor arbiter's payroll reinstatement order.[10]

On April 18, 2006, the NLRC issued an Order[11] directing the petitioners to replace, within ten (10) days, the appeal bond they posted on July 11, 2005, on the ground that the accreditation of the bondsman - the Summit Guaranty and Insurance Company, Inc. - expired on July 31, 2005 and had not been renewed. On May 8, 2006, the petitioners filed, instead of the required bond, a Motion for Reconsideration with Motion for Suspension/Extension,[12] asking for a period of one month to replace the bond. While the motions were pending, the petitioners submitted, on June 1,

2006, a Manifestation with Motion, attached to which was a copy of the newly secured bond.

In a decision dated January 8, 2007, the NLRC dismissed the petitioners' appeal for non-perfection,[13] as they filed the replacement bond beyond the 10-day period. Ten days later or on January 17, 2007, the NLRC issued a Resolution[14] dismissing the petitioners' motion for reconsideration of the labor arbiter's order of December 15, 2005, granting Bautista's payroll reinstatement. The petitioners filed separate motions for reconsideration of the NLRC decision dismissing the appeal and the resolution denying the motion for reconsideration of the payroll reinstatement order. The NLRC denied both motions in a resolution promulgated on October 22, 2007.[15] The NLRC issued an Entry of Judgment on January 8, 2008,[16] the basis for the Writ of Execution of January 22, 2008.[17]

Recourse to the CA

The petitioners sought relief from the CA through a petition for certiorari[18] under Rule 65 of the Rules of Court charging the NLRC with grave abuse of discretion in: (1) denying their appeal for non-perfection; (2) ordering Bautista's reinstatement in the payroll pending appeal; and (3) issuing the entry of judgment and the writ of execution without prior notice and service of the motion, and before the lapse of the appeal period.

In the decision of November 26, 2008,[19] the CA denied the petition and affirmed the assailed decision and resolution of the NLRC. It found that the NLRC correctly dismissed the petitioners' appeal for non-perfection. The CA noted that the bond that the petitioners posted on July 11, 2005 was valid only until July 31, 2005, the expiry date of the accreditation of the surety firm that issued the bond. The CA further noted that the petitioners posted a new bond on June 1, 2006, beyond the 10-day period mandated by the NLRC. The appellate court also ruled that Bautista's payroll reinstatement, the entry of judgment, and the issuance of the writ of execution were proper since the decision of the labor arbiter had become final and executory.

The petitioners moved for reconsideration of the CA decision, but the CA denied the motion on April 29, 2009.[20]

The Petition and Related Incidents

The petitioners now seek to reverse the CA decision, contending that the appellate court gravely abused its discretion in affirming the NLRC decision dismissing their appeal for non-perfection. They contend that the CA had been too strict in applying the rules on appeal bond considering that: (1) they perfected their appeal by posting a valid appeal bond on July 11, 2005; (2) when they were required by the NLRC to file a replacement bond within 10 days from receipt of its April 18, 2006 order on the matter, they moved for reconsideration, as well as a 30-day extension to post the new bond; and (3) within the extension period prayed for, or on June 1, 2006, they filed the replacement bond. They objected to Bautista's payroll reinstatement arguing that she is guilty of dishonesty, a just cause for dismissal.

On July 6, 2009, the Court required respondent Bautista to comment on the petition.[21]

On July 14, 2009, the petitioners moved[22] for a temporary restraining order (TRO)/writ of injunction "to prevent, enjoin, restrain" the NLRC Sheriffs from enforcing the 2nd Alias Writ of Execution dated June 3, 2009,[23] and from conducting the auction sale on July 17, 2009 or anytime thereafter over the petitioners' property, real or personal.[24]

In a Resolution dated July 15, 2009, the Court granted the motion,[25] issued the TRO prayed for, and required the petitioners to post a cash or surety bond in an amount equivalent to the NLRC award of P1,330,189.18.[26]

On July 24, 2009, the petitioners filed a Manifestation[27] (of compliance), submitting to the Court copies of the surety bond issued by a reputable bonding company of indubitable solvency in the amount equivalent to the NLRC award, with supporting documents.[28]

On September 14, 2009, Bautista filed her Comment,[29] praying that the petition be dismissed for lack of merit, as it failed to establish any reversible error in the assailed NLRC and CA rulings.

The Court's Ruling

a. The Appeal Bond Issue

Jurisprudence tells us that in labor cases, an appeal from a decision involving a monetary award may be perfected only upon the posting of a cash or surety bond.[30] The Court, however, has relaxed this requirement under certain exceptional circumstances in order to resolve controversies on their merits. These circumstances include: (1) fundamental consideration of substantial justice; (2) prevention of miscarriage of justice or of unjust enrichment; and (3) special circumstances of the case combined with its legal merits, and the amount and the issue involved.[31]

Following jurisprudential standards, we find that a relaxation of the rules on the appeal bond requirement in this case is in order. It is clear from the records that the petitioners never intended to evade the posting of an appeal bond. They exerted earnest efforts to abide by the law and the rules on appeal with a notice of appeal, appeal memorandum, and an appeal bond for P531,000.00. They also moved to reduce the appeal bond. The petitioners might or might not have been aware that the accreditation of the bonding company expired on July 31, 2005 but when the bond was posted on July 11, 2005, the bonding company's accreditation and the bond it issued were still valid. Although the petitioners failed to file a replacement bond within 10 days from receipt of the NLRC order requiring them to do so, again, it cannot be said that they intended to ignore the order. With the plea that the 10-day period was too short, they filed a motion for reconsideration with motion for suspension/extension of time to file the replacement bond. They asked for 30 days to file a new bond and posted the replacement bond within the requested extended period.

The NLRC dismissed the petitioners' appeal for non-perfection/non-compliance with the appeal bond requirement without passing upon - in fact, completely ignoring - the petitioners' motion for time to post the required bond. The NLRC should have granted the motion for extension since there was no showing that it was intended to delay the resolution of the case. More importantly, the petitioners exhibited good faith and willingness to post the bond within the period they asked for which, in fact, they did on June 1, 2006.[32]

It is unfortunate that the NLRC chose to apply the strict letter of the law and the rules on the appeal bond requirement rather than look at the reasons behind the petitioners' plea for a relaxation of the requirement, with an eye on the interest of substantial justice and the merits of the case. The NLRC should have noted that Bautista had been charged by the petitioners of very serious offenses involving acts of dishonesty and engaging in competition with her employer. The awards made also appeared unusually high and out of line: P500,000.00 in moral damages, and P300,000.00 as exemplary damages, or double the monetary benefits in Bautista's favor - awards that even this Court does not mete out in labor cases.

We find, under the circumstances, that the NLRC had precipitately dismissed the appeal for non-perfection. As we held in Phil. Geothermal, Inc. v. National Labor Relations Commission,[33] the petitioners' appeal should have been given due course, "in the broader interest of justice and with the desired objective of deciding the case on the merits."

b. Disposition of the Merits of the Dismissal

We now determine, given our ruling on the bond issue, at what level the dismissal issue should be resolved considering the length of time that the case has been pending. The case commenced on September 10, 2004, when Bautista filed the complaint for illegal dismissal. The case is more than five (5) years old already and needs to be resolved as expeditiously as possible. On this vital point, the Court's opinion in Roman Catholic Archbishop of Manila v. Court of Appeals[34] is relevant -

[The] remand of the case x x x is not necessary where the Court is in a position to resolve the dispute based on the records before it. [T]he Court, x x x [will decide] actions on the merits [in order to expedite the settlement of a controversy and if] the ends of justice x x x would not be subserved by the remand of the case.

For this same reason, we find that the case should now be resolved without sending it back to the NLRC or to the CA for disposition. We noted earlier that the petitioners filed a memorandum of appeal[35] which Bautista opposed.[36] Thus, the issues have been joined and are ready for adjudication, and should forthwith be resolved in the interest of speedy justice.[37]

c. The Merits of the Dismissal Issue

c.1. The Case for the Petitioners

The petitioners appealed[38] the labor arbiter's decision on the main ground that the labor arbiter committed grave abuse of discretion in making conclusions of fact and law without credible evidence to support such conclusions which, if not corrected, would cause them grave and irreparable damage and injury. More specifically, the petitioners assailed the labor arbiter's finding that: "[Petitioners] failed to adduce convincing evidence to buttress their claim that complainant opted to leave her employment and thereafter failed to return to the company. x x x  Her filing of a complaint for illegal dismissal soon after the incident of July 15, 2004 debunks [petitioners'] assertion that she abandoned her work. x x x [Petitioners'] imputation to complainant of the commission of certain acts constituting dishonesty is irrelevant considering that the cause of her separation x x x is abandonment and not for other cause."[39]

The petitioners bewailed the labor arbiter's failure to consider the evidence that Bautista defrauded the company by overcharging the truck rental for her personal gain. They argued that Bautista admitted that she took the P1,500.00 overcharge from the truck rental and, in ignoring this clear indication of Bautista's misconduct, the labor official gravely abused his discretion. They insisted that Bautista left her employment due to the dishonest act imputed against her; instead of resigning and to pre-empt her employer from dismissing her on grounds of dishonesty and abandonment, she allegedly filed the illegal dismissal complaint. There was no notice served on her as it was Bautista, not the petitioners, who severed her employment. They also pointed out that three days after being confronted with the charge of dishonesty, she was already soliciting business for a competitor establishment from a client of the company.

On Bautista's money claims, the petitioners contended that the labor arbiter likewise erred when he ignored the payrolls/time sheets they submitted and found them liable for overtime compensation and 13th month pay based only on Bautista's disclaimer. Further, the petitioners assailed the labor arbiter's ruling making Tumibay personally liable for Bautista's dismissal based on Bautista's bare allegation that Tumibay acted in bad faith. They maintained that as managing director, Tumibay was acting within the bounds of her duty and in the exercise of management prerogative when, in the course of the confrontation with Bautista, she asked for Bautista's resignation. Since it was Bautista who left or abandoned her employment, the petitioners argued, she is not entitled to backwages, damages, and attorney's fees.

Finally, the petitioners claimed that the consequences of the labor arbiter's erroneous decision cannot be overestimated; reinstating an employee who has greatly abused her position in the company, by grossly flouting its rules and regulations, may cause a breakdown of discipline and demoralization among the company personnel. Bautista's continuance in the service is patently inimical to the company's interest.

The petitioners filed a Supplemental Memorandum on Appeal dated August 27, 2005.[40] In support of their position that Bautista abandoned her job, the petitioners pointed out that Bautista did not only work as Manager of Ramaga Cargo Express, the business competitor of the company;[41] she also organized an entity engaged in the same business as the petitioners' under the name of Pure Goal Cargo Express which was registered with the Department of Trade and Industry on July 23, 2004.[42] This confirms, the petitioners argued, that Bautista committed fraud, used company time, resources, and funds, and pirated its valued clients, preparatory to the setting up of her own business which competes with that of the company.

On the procedural due process question, the petitioners maintained that it was grave error for the labor arbiter to rule that the twin-notice requirement was not complied with as the company asked Bautista to explain her side, but she refused to give an explanation and that she pre-empted the second notice by filing a complaint for illegal dismissal.

c.2. The Opposition to the Appeal

On August 16, 2005, Bautista opposed the appeal,[43] contending that the petitioners cannot change their allegation that Bautista was dismissed for abandonment; otherwise, they would be adopting a new theory on appeal. Her filing of the complaint for illegal dismissal negates the allegation of abandonment. Had Bautista abandoned her job, the petitioners should have served her with a termination notice on the ground of abandonment, as required by the rules implementing the Labor Code. She took exception to the petitioners' contention that the labor arbiter committed grave abuse of discretion, and asserted that the assailed decision was supported by substantial evidence. She concluded that the petitioners failed to discharge the burden of showing that her dismissal was for a just cause.

d. Our Ruling on the Dismissal Issue

d.1. The Legality of the Dismissal

The core issue of this case is whether Bautista abandoned her employment or whether she was illegally dismissed. The petitioners submit that Bautista no longer reported for work after she was ordered to explain the anomalous truck-rental service she arranged and to liquidate company funds in her possession; she filed the complaint to pre-empt further investigation on her dishonest and fraudulent acts, and, ultimately, her dismissal. Bautista, however, claims that she was unceremoniously dismissed on July 15, 2004, by petitioner Tumibay, prompting her to file the complaint for illegal dismissal.

We find it clear from the records that Bautista committed fraud or willful breach of her employer's trust, a just cause for termination of employment under the law.[44] The evidence - the cash voucher for the truck rental transaction[45] - proves that Bautista processed the truck rental with intent to defraud the company; she asked the company for P6,000.00 (as reflected in the voucher) to cover the truck rental when the actual fee was only P4,500.00. In her Reply, she admitted that she retained the P1,500.00 difference. She claimed that it was a discount that "pertained to her" as she was able to obtain it from the trucking firm.[46] Bautista's allegation that the P1,500.00 was a discount is not a valid defense; nowhere in the records does it appear that she was authorized to keep the discount for herself, assuming that it was indeed a discount.

As we stressed earlier, Bautista's continued employment with the petitioners has become untenable. She provided sufficient cause for her dismissal; her involvement in the anomalous truck rental transaction defrauded the company, and her dishonest act resulted in the breach of her employeers' trust. In Arlyn D. Bago v. National Labor Relations Commission, we held that an employee may be dismissed on the ground of fraud or betrayal of trust.[47] Due to the gravity of her transgressions against the company, Bautista opted to voluntarily severe her employment with it.

Judging from Bautista's contemporaneous acts during her alleged termination on July 15, 2004, we find that she must have realized the gravity of her involvement in the truck rental transaction so that, as the company claimed, she no longer reported for work. Petitioners submitted in evidence the sworn statement dated January 18, 2005 of Virgie Mira, Customer Service Representative of Sandvik Tamrock Phils., Inc.,[48] stating that Bautista admitted that she was leaving the company because of her involvement in the truck rental overcharge:

[1.] On June 2004, Ma. Teresa I. Bautista ("Bautista") went to our office to ask for representation fees for the Bureau of Customs of P5,000.00;

[2.] On 12 or 13 July 2004, when Bautista was processing the release of our cargoes and deliveries from customs, through Intertranz Container Lines, Inc. ("Company"), she told me that she is leaving the Company because they are upset with her for making up the price of a truck rental;

[3.] She also told me that "wala naman masama doon sa ginawa ko. Natural lang yun. Ako naman nakipag-usap doon sa trucking";

[4.] On or about the same day, Bautista was also trying to offer her personal services for customs clearance;

[5.] On or about 18 July 2004, Bautista went to our office at Km. 20 West Service Road, South Super Hi-Way, Muntinlupa City;

[6.]  She gave me a formal proposal letter dated 18 July 2004 offering her services to my company, Sandvik, as broker to release our imported cargoes and deliver it to our warehouse under a new company, Ramaga Cargo Express, and not her employer, Intertranz, signed by her as manager[.]

Mira's sworn statement also refers to Bautista's solicitation of business similar to that of her employer, in her capacity as manager of Ramaga Cargo Express, a competitor of the company, contained in her letter of July 18, 2004,[49] only two days after her confrontation with Tumibay.

Bautista denied Mira's statements claiming that they are all deliberate falsehoods and therefore worthless.[50] She pointed out that she signed the letter dated July 18, 2004, no longer as an employee of the petitioners but of Ramaga Cargo Express where she worked from July 17, 2004 to July 31, 2004. She also insisted that she never asked Mira for representation fees for the Bureau of Customs; it was Enrico L. Diaz, the operations manager of Ramaga Cargo Express, who made the solicitation. Nevertheless, we find Mira's statements to be credible since Bautista never denied that she wrote the July 18, 2004 letter, wherein she tried to solicit business from one of the company clients in behalf of a competing company or that she had been involved in the truck rental transaction. Bautista merely tried to deflect the possible negative implications of her intention to leave the company by saying she had a family to support and therefore, she had to find employment elsewhere.[51]

Eight days after her confrontation with Tumibay or on July 23, 2004, Bautista also registered, with the Department of Trade and Industry, Pure Goal Cargo Express, a sole proprietorship of which she was listed as owner and which is engaged in providing transport services and equipment and cargo handling,[52] similar to the services offered by the company.

In summary, Bautista's actuations within a time span of little over a week again confirmed Mira's statement that Bautista confided to her that she was leaving her employment with the company because of the truck rental transaction. They also validated the company's submission that after her confrontation with Tumibay, Bautista did not return for work because she was busy servicing the company's competitor (Ramaga Cargo Express) and attending to her own business (Pure Goal Cargo Express), in competition with her former employer, herein petitioners.

The elements of abandonment are present in Bautista's case: (1) the failure to report for work without valid or justifiable reason and (2) a clear intention on her part to sever the employer-employee relationship.[53] While as a rule, the immediate filing of a complaint for illegal dismissal negates abandonment,[54] peculiar circumstances can arise when the immediate filing of an illegal dismissal complaint does not disprove abandonment of work.[55]

In the first place, Bautista did not immediately file the complaint. She instituted it only on September 10, 2004, almost two (2) months after the confrontation with Tumibay on July 15, 2004. Bautista claimed that because of her abrupt dismissal, "she was subjected to public humiliation and she suffered and continues to suffer from extreme anxiety and mental anguish."[56] Yet, her delay in filing the complaint weakens the plausibility of her claims that she had been publicly humiliated and made to suffer emotionally. The filing of the illegal dismissal complaint appears to be an afterthought and a ploy Bautista used as leverage to prevent her employer from taking further action on her case. As we held in the ARC-Men Food Industries case, "abandonment not having been disproved, the employer's dismissal on that ground was held valid."[57] We thus find that the labor arbiter committed grave abuse of discretion in ignoring the evidence that Bautista clearly intended to abandon her work.

Nevertheless, the company itself admits[58] that it failed to serve a notice of Bautista's termination of employment on the ground of abandonment;[59] the petitioners thus violated Bautista's right to procedural due process. However, the violation will not nullify the dismissal or render it illegal, as the dismissal was for a valid cause. In Agabon v. National Labor Relations Commission, et al.,[60] we held that "the violation of the employee's right to statutory due process by the employer warrants the payment of indemnity in the form of nominal damages, the amount to be addressed to the sound discretion of this Court, taking into account the relevant circumstances." The petitioners are, therefore, liable to Bautista for nominal damages. Given the circumstances of the present case, we deem it appropriate to set the nominal damages award to Bautista at P20,000.00.

Finally, with a valid cause for Bautista's separation from the service, no factual and legal basis exists for the awards of damages and attorney's fees.

d.2. Bautista's Money Claims

The labor arbiter awarded Bautista overtime pay for every workday of her employment with the petitioners in the unusually large amount of P304,380.67.[61] The labor arbiter declared "[C]omplainant's regular work is from 8:30 am to 5:30 pm but according to her she rendered overtime work up to midnight everyday after regular work time."[62]

We find no basis for the overtime pay award. The records do not support Bautista's incredible claim that she worked everyday until midnight during her entire employment with the petitioners. In the face of the petitioners' defense that overtime pay can be claimed only "if an employee has a pre-approved overtime schedule and daily time record,"[63] the labor arbiter should have asked for the production of daily time records and proof that she had been allowed or required to render overtime work in the manner and to the extent she sweepingly claimed. For lack of credible evidence supporting the award, the labor arbiter gravely abused his discretion in the grant he made. A claim for overtime pay, it must be stressed, cannot be granted in the absence of supporting factual and legal basis.[64]

On Bautista's claim for 13th month pay, we are inclined to sustain the labor arbiter's finding on the matter in light of the contradictory evidence that the petitioners presented on the matter. They first presented two check vouchers - voucher 5636 purporting to show that Bautista received her 13th month pay for 2002[65] and voucher 5637 showing that Bautista received her 13th month pay for 2003.[66] Bautista averred that her signatures in these vouchers were forged. She also claimed that those vouchers were spurious as it was highly improbable for her to sign two vouchers with two consecutive serial numbers in an interval of about twelve months.[67] Reacting to Bautista's pointed challenge to the vouchers, the petitioners then presented a second set of documents to prove payment of Bautista's 13th month pay for 2002 and 2003 in cash,[68] which again elicited Bautista's objection for being spurious.[69] These contradictory evidence can only point to the petitioners' failure to establish their payment of Bautista's 13th month benefits. Bautista is therefore entitled to 13th month pay for the years 2002 and 2003, and for proportionate entitlement for the period January 1, 2004 to July 15, 2004.

Regarding Bautista's claim for service incentive leave pay, the petitioners presented evidence only for the years 2003 and 2004,[70]when Bautista enjoyed leave benefits. For this reason, we affirm the labor arbiter's award to Bautista of the monetized equivalent of her service incentive leaves for 2002.

Based on our earlier findings that Bautista abandoned her work and was guilty of dishonest acts against the company, it is evident that petitioner Tumibay had not caused Bautista's dismissal nor had she acted in bad faith. Thus, she cannot be held liable for Bautista's claims.

All told, and as qualified above, we find merit in the appeal.

WHEREFORE, premises considered, the decision dated June 15, 2005 of Labor Arbiter Aliman D. Mangandog is hereby MODIFIED. Accordingly, we DISMISS the complaint for illegal dismissal in light of the proven valid cause for dismissal. However, petitioner Intertranz Container Lines, Inc. is directed to pay respondent Ma. Teresa I. Bautista 13th month pay for 2002 and 2003 and for the period January 1, 2004 to July 15, 2004 and the monetary equivalent of her service incentive leave for 2002, as well as nominal damages in the amount of P20,000.00. The NLRC is ordered to recompute Bautista's total monetary award in accordance with this Decision.

SO ORDERED.

*Carpio, ***Abad, Villarama, Jr., and ****Mendoza, JJ., concur.

Endnotes:


* Designated additional Member of the Third Division, in view of the leave of absence of Associate Justice Lucas P. Bersamin, per Special Order No. 859 dated July 1, 2010.

** Designated Acting Chairperson of the Third Division, in view of the leave of absence of Associate Justice Conchita Carpio Morales, per Special Order No. 849 dated June 29, 2010.

***Designated additional Member of the Third Division, in view of the retirement of Chief Justice Reynato S. Puno, per Special Order No. 843 dated May 17, 2010.

****Designated additional Member of the Third Division, in view of the leave of absence of Associate Justice Conchita Carpio Morales, per Special Order No. 850 dated June 29, 2010

[1] Rollo, pp. 57-99; filed pursuant to Rule 45 of the RULES OF COURT.

[2] Id. at 8-20; penned by Associate Justice Jose L. Sabio, Jr. (now retired), with the concurrence of Associate Justice Jose C. Reyes, Jr. and Associate Justice Myrna Dimaranan Vidal.

[3] Id. at 54-55.

[4] Intertranz Container Lines, Inc. and Josefina F. Tumibay v. NLRC and Ma. Teresa I. Bautista.

[5] Rollo, pp. 399-400; Petitioners' Position Paper, Annexes "A" and "B."

[6] Id. at 407; Petitioners' Position Paper, Annex "I."

[7] Id. at 239-244.

[8] Id. at 265-267.

[9] Id. at 263-264.

[10] Id. at 268-272.

[11] Id. at 278-280.

[12] Id. at 281-283.

[13] Id. at 332-335.

[14] Id. at 346-352.

[15] Id. at 381-382.

[16] Id. at 506.

[17] Id. at 507-510.

[18] Id. at 159-234.

[19] Supra note 2.

[20] Supra note 3.

[21] Rollo, p. 681.

[22] Id. at 682-695.

[23] Id. at 702-706.

[24] Id. at 707-708.

[25] Id. at 709-710.

[26] Id. at 712-714.

[27] Id. at 733.

[28] Id. at 738-746.

[29] Id. at 753-756.

[30] Borja Estate v. Spouses R. Ballad, 498 Phil. 694 (2005).

[31] Rosewood Processing, Inc. v. NLRC, 352 Phil. 1013 (1998).

[32] Nicol v. Footjoy Industrial Corp., G.R. No. 159372, July 27, 2007, 528 SCRA 300.

[33] G.R. No. 106370, September 8, 1994, 236 SCRA 371.

[34] G.R. No. 77425, June 19, 1991, 198 SCRA 300.

[35] Rollo, pp. 246-267.

[36] Id. at 470-471.

[37] Metro Eye Security, Inc. v. Julie Salsona, G.R. No. 167637, September 28, 2007, 534 SCRA 375.

[38] Supra note 36.

[39] Id. at 252, par. 3.

[40] Rollo, pp. 472-480.

[41] Supra note 6.

[42] Supra note 38, Annex "A."

[43] Supra note 36.

[44] LABOR CODE, Article 282(c).

[45] Supra note 5.

[46] NLRC Records, Vol. I, p. 69; Bautista's Reply, par. 3.

[47] G.R. No. 17001, April 4, 2007, 520 SCRA 644.

[48] NLRC Records, Vol. I, p. 79, Company's Reply, Annex "A."

[49] Supra note 6.

[50] NLRC Records, Vol. I, p. 113; Bautista's Rejoinder, par. 5.

[51] NLRC Records, Vol. I, p. 70; Bautista Reply to Company's Position Paper, p. 3, par. 9.

[52] Supra note 42.

[53] Labor, et al. v. NLRC and Gold City Commercial Complex, Inc., et al., G.R. No. 110388, September 14, 1995, 248 SCRA 183.

[54] Ibid.

[55] ARC-Men Food Industries Corp. v. NLRC, et al., 338 Phil. 870 (1997).

[56] NLRC Records, Volume I, p. 70; Bautista's Reply, p. 3, par. 8.

[57] Supra note 54.

[58] NLRC Records, Vol. I, p. 37; Company's Position Paper, p. 9, par. 38.

[59] Supra note 5, at 242, par. 1.

[60] 485 Phil. 248 (2004).

[61] Rollo, p. 245, Computation of Complainant's Monetary Award.

[62] Id. at 239, Labor Arbiter's Decision, p. 1, par. 3.

[63] NLRC Records, Vol. I, p. 74; Company's Reply, p. 3, par. 7.

[64] Global v. Atienza, 227 Phil. 64 (1986).

[65] Rollo, p. 97; Company's Reply, Annex "D."

[66] Id. at 98, Annex "E."

[67] Id. at 113; Bautista's Rejoinder, p. 2, par. 8.

[68] Id. at 128-129; Company's Sur-Rejoinder, Annexes "A" & "B."

[69] Id. at 134, Bautista's Final Comment, p. 1, par. 3.

[70] Id. at 100-102 & 106-108, Company's Reply, Annexes "G," "H," "I," "M," "N," and "Q."



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July-2010 Jurisprudence                 

  • [G.R. No. 176743 : July 28, 2010] PEOPLE OF THE PHILIPPINES, PLAINTIFF-APPELLEE, VS. NELSON BALUNSAT Y BALUNSAT, ACCUSED-APPELLANT.

  • [G.R. No. 147629 : July 28, 2010] JAKA INVESTMENTS CORPORATION,PETITIONER, VS.COMMISSIONER OF INTERNAL REVENUE, RESPONDENT.

  • [G.R. No. 180543 : July 27, 2010] KILOSBAYAN FOUNDATION AND BANTAY KATARUNGAN FOUNDATION, AS REPRESENTED BY JOVITO R. SALONGA, PETITIONERS, VS. LEONCIO M. JANOLO, JR., PRESIDING JUDGE, RTC, BRANCH 264, PASIG CITY; GREGORY S. ONG, ASSOCIATE JUSTICE, SANDIGANBAYAN; AND THE LOCAL CIVIL REGISTRAR OF SAN JUAN, METRO MANILA, RESPONDENTS.

  • [A.M. No. 2008-19-SC : July 27, 2010] RE: COMPLAINTS OF MRS. MILAGROS LEE AND SAMANTHA LEE AGAINST ATTY. GIL LUISITO R. CAPITO.

  • [G.R. No. 178621 : July 26, 2010] MIGUEL RUBIA, PETITIONER, VS. NATIONAL RELATIONS COMMISSION, FOURTH DIVISION, CEBU CITY, COMMUNITY WATER AND SANITATION COOPERATIVE AND THE BOARD OF DIRECTORS, RESPONDENTS,

  • [G.R. No. 186466 : July 26, 2010] PEOPLE OF THE PHILIPPINES , APPELLEE, VS. CHRISTOPHER DESUYO Y BUEN, ACCUSED-APPELLANT.

  • [G.R. No. 176868 : July 26, 2010] SOLAR HARVEST, INC., PETITIONER, VS. DAVAO CORRUGATED CARTON CORPORATION, RESPONDENT.

  • [G.R. No. 151246 : July 05, 2010] HEIRS OF THE LATE APOLINARIO FAMA (GABRIELA DE GUZMAN VDA. DE FAMA, MARIA FAMA-FLORENTIN, EMILIA FAMA-ESTEPA AND MARIA QUITO VDA. DE FAMA AND CHILDREN: VIRGILIO, ERNESTO, ROMEO, MANUEL, JR., AND CORAZON, ALL SURNARNED FAMA), PETITIONERS, VS. MELECIO GARAS, ROBERTO MENDEZ, JOSE PAROCHA, URBANA BAY-AN, BERNARDO DAO-OA, JUAN NANTES, TONY TORSO, FLORENTINA MORALES, FILOMENA TORIO, ARSENIO TORIO, VICTORTANO NANTES, PABLO ESTRADA, LORENZO BAY-AN, FILEMON MASLOG, PEDRO ASPIRAS, SINFROSO LANG-ES, ROBERTO DULAY, LUCAS ABAG, BINTOR LANG-ES, DIAN ANG MAPALO, PEDRO MAPALO, JOSE LANG-ES, CEFERINO ORIBELLO, AVELINO PIO, FLORENTINA NANTES, RODOLFO MORALES, MARCOS BACTADAN, BERNARDO ESTRADA, GREGORIO PIANO, ADRIANO BENTRES, EBANG NANTES, PATRICIO ESTOESTA, DOMINGO LANG-ES, MIGUEL MAPALO AND LAVIANA AGOJO, RESPONDENTS.

  • [G.R. No. 160422 : July 05, 2010] MANILA ELECTRIC COMPANY (MERALCO), PETITIONER, VS. SPS. EDITO AND FELICIDAD CHUA, AND JOSEFINA PAQUEO, RESPONDENTS.

  • [G. R. No. 39803 : July 02, 2010] MARIA PEREZ DE GUZMAN ET AL., PLAINTIFFS AND APPELLANTS, VS. MATILDE DE LEON ET AL., DEFENDANTS AND APPELLEES.

  • [A.C. No. 8390 [Formerly CBD 06-1641] : July 02, 2010] A-1 FINANCIAL SERVICES, INC.,COMPLAINANT, VS. ATTY. LAARNI N. VALERIO, RESPONDENT.

  • [G.R. No. 152266 : July 02, 2010] HEIRS OF PEDRO DE GUZMAN, PETITIONERS, VS. ANGELINA PERONA AND HEIRS OF ROSAURO DE GUZMAN; BATAAN DEVELOPMENT BANK; AND REPUBLIC PLANTERS BANK, RESPONDENTS.

  • [G.R. No. 151084 : July 02, 2010] PROVINCE OF CAMARINES SUR, REPRESENTED BY GOVERNOR LUIS R. VILLAFUERTE, PETITIONER, VS. HEIRS OF AGUSTIN PATO, ADOLFO DEL VALLE BRUSAS AND ZENAIDA BRUSAS; TRIFONA FEDERIS, MAURICIO MEDIALDEA AND NELSON TONGCO; MARIANO DE LOS ANGELES; HEIRS OF MIGUEL PATO, ARACELI BARRAMEDA ACLAN AND PONCIANO IRAOLA; HEIRS OF CRESENCIA VDA. DE SAN JOAQUIN,* RESPONDENTS.

  • [G.R. No. 148974 : July 02, 2010] OMC CARRIERS, INC. AND JERRY AׁALUCAS Y PITALINO, PETITIONERS, VS. SPOUSES ROBERTO C. NABUA AND ROSARIO T. NABUA, RESPONDENTS.

  • [G.R. No. 167218 : July 02, 2010] ERECTOR ADVERTISING SIGN GROUP, INC. AND ARCH. JIMMY C. AMOROTO, PETITIONERS, VS. NATIONAL LABOR RELATIONS COMMISSION, RESPONDENT.

  • [G.R. No. 167824 : July 02, 2010] GERALDINE GAW GUY AND GRACE GUY CHEU, PETITIONERS, VS. ALVIN AGUSTIN T. IGNACIO, RESPONDENT. [G.R. NO. 168622] GERALDINE GAW GUY AND GRACE GUY CHEU, PETITIONERS, VS. THE BOARD OF COMMISSIONERS OF THE BUREAU OF IMMIGRATION, HON. MARICEL U. SALCEDO, MAYNARDO MARINAS, RICARDO CABOCHAN AND ELISEO EXCONDE, RESPONDENTS.

  • [G.R. No. 168627 : July 02, 2010] PEOPLE OF THE PHILIPPINES, APPELLEE, VS. REYNALDO BAYON Y RAMOS, APPELLANT.

  • [G.R. No. 168495 : July 02, 2010] DANSART SECURITY FORCE & ALLIED SERVICES COMPANY AND DANILO A. SARTE, PETITIONERS, VS. JEAN O. BAGOY,* RESPONDENT.

  • [G.R. No. 168655 : July 02, 2010] J. CASIM CONSTRUCTION SUPPLIES, INC., PETITIONER, VS. REGISTRAR OF DEEDS OF LAS PIÑAS, RESPONDENT. INTESTATE ESTATE OF BRUNEO F. CASIM, (PURPORTED) INTERVENOR.

  • [G.R. No. 172102 : July 02, 2010] REPUBLIC OF THE PHILIPPINES, PETITIONER, VS. HANOVER WORLWIDE TRADING CORPORATION, RESPONDENT.

  • [G.R. No. 191938 : July 02, 2010] ABRAHAM KAHLIL B. MITRA, PETITIONER, VS. COMMISSION ON ELECTIONS, ANTONIO V. GONZALES, AND ORLANDO R. BALBON, JR., RESPONDENTS.

  • [G.R. No. 164257 : July 05, 2010] SAN MIGUEL CORPORATION, PETITIONER, VS. VICENTE B. SEMILLANO, NELSON MONDEJAR, JOVITO REMADA, ALILGILAN MULTI-PURPOSE COOP (AMPCO) AND MERLYN V. POLIDARIO, RESPONDENTS.

  • [A.C. No. 8096 : July 05, 2010] REY J. VARGAS AND EDUARDO A. PANES, JR., COMPLAINANTS, VS. ATTY. MICHAEL A. IGNES, ATTY. LEONARD BUENTIPO MANN, ATTY. RODOLFO U. VIAJAR, JR., AND ATTY. JOHN RANGAL D. NADUA, RESPONDENTS.

  • [G.R. No. 159097 : July 05, 2010] METROPOLITAN BANK AND TRUST COMPANY, PETITIONER, VS. RURAL BANK OF GERONA, INC., RESPONDENT.

  • [G.R. No. 164577 : July 05, 2010] PEOPLE OF THE PHILIPPINES, PETITIONER, VS. SANDIGANBAYAN (FIRST DIVISION), VICTORINO A. BASCO, ROMEO S. DAVID, AND ROGELIO L. LUIS, RESPONDENTS.

  • [G.R. No. 164402 : July 05, 2010] ASUNCION URIETA VDA. DE AGUILAR, REPRESENTED BY ORLANDO U. AGUILAR, PETITIONER, VS. SPOUSES EDERLINA B. ALFARO AND RAUL ALFARO, RESPONDENTS.

  • [G.R. No. 165036 : July 05, 2010] HAZEL MA. C. ANTOLIN, PETITIONER, VS. ABELARDO T. DOMONDON, JOSE A. GANGAN, AND VIOLETA J. JOSEF, RESPONDENTS. [G.R. NO. 175705] HAZEL MA. C. ANTOLIN PETITIONER, VS. ANTONIETA FORTUNA-IBE, RESPONDENT.

  • [G.R. No. 167401 : July 05, 2010] BAGONG PAGKAKAISA NG MANGGAGAWA NG TRIUMPH INTERNATIONAL, REPRESENTED BY SABINO F. GRAGANZA, UNION PRESIDENT, AND REYVILOSA TRINIDAD,PETITIONERS, VS. SECRETARY OF THE DEPARTMENT OF LABOR AND EMPLOYMENT AND TRIUMPH INTERNATIONAL (PHILS.), INC., RESPONDENTS. [G.R. NO. 167407] TRIUMPH INTERNATIONAL (PHILS.), INC., PETITIONER, VS. BAGONG PAGKAKAISA NG MANGGAGAWA NG TRIUMPH INTERNATIONAL, ELOISA FIGURA, JERRY JAICTEN, ROWELL FRIAS, MARGARITA PATINGO AND ROSALINDA OLANGAR, RESPONDENTS.

  • [G.R. No. 168164 : July 05, 2010] VICENTE ADRIANO, PETITIONER, VS. ALICE TANCO, GERALDINE TANCO, RONALD TANCO, AND PATRICK TANCO, RESPONDENTS.

  • [G.R. No. 168960 : July 05, 2010] AMELIA B. HEBRON, PETITIONER, VS. FRANCO L. LOYOLA, ANGELO L. LOYOLA, RAFAEL L. LOYOLA, ARMANDO L. LOYOLA, SENEN L. LOYOLA, MA. VENUS L. RONQUILLO, PERLA L. ABAD AND THE INTESTATE ESTATE OF EDUARDO L. LOYOLA, CARMELITA A. MANABO, HERMINIA AGUINALDO-ROSAS, DIGNA AGUINALDO-VALENCIA,ROGELIO AGUINALDO, MILA AGUINALDO-DIAZ, BABY AGUINALDO, RUBEN LOYOLA SUBSTITUTED BY JOSEFINA C. LOYOLA, GLESILDA A. LEGOSTO, EVELYN C. LOYOLA, MARINA C. LOYOLA, AURE C. LOYOLA, CORAZON C. LUGARDA AND JOVEN FRANCISCO C. LOYOLA, LORENZO LOYOLA, CANDELARIA LOYOLA, NICANDRO LOYOLA, FLORA LOYOLA, TERESITA L.ALZONA, VICENTE LOYOLA,ROSARIO L. LONTOC, SERAFIN LOYOLA, ROBERTO LOYOLA, BIBIANO LOYOLA,PURITA LOYOLA, ESTELA LOYOLA, ESTER DANICO,EDUARDO DANICO, EMELITA DANICO, MERCEDITA DANICO, HONESTO DANICO,DANTE DANICO, ERLINDA DANICO-DOMINGUEZ REPRESENTED BY TEODORO DOMINGUEZ AND BEVERLY ANNE DOMINGUEZ,EFREN CABIGAN AND ISIDRO CABIGAN, RESPONDENTS. ALBERTO L. BAUTISTA REPRESENTED BY FELICIDAD G.BAUTISTA, AGNES B. ZULUETA, AYREEN B. ALBA, JOSEPH ANTHONY G. BAUTISTA, ANN-JANET G. BAUTISTA AND ALFREDO L.BAUTISTA, UNWILLING RESPONDENTS.

  • [G.R. No. 169227 : July 05, 2010] PHILIPPINE RURAL RECONSTRUCTION MOVEMENT (PRRM), PETITIONER, VS. VIRGILIO E. PULGAR, RESPONDENT.

  • [G.R. No. 170530 : July 05, 2010] SARGASSO CONSTRUCTION & DEVELOPMENT CORPORATION/PICK & SHOVEL, INC.,/ATLANTIC ERECTORS, INC. (JOINT VENTURE), PETITIONER, VS. PHILIPPINE PORTS AUTHORITY, RESPONDENT.

  • [G.R. No. 171736 : July 05, 2010] PENTACAPITAL INVESTMENT CORPORATION, PETITIONER, VS. MAKILITO B. MAHINAY, RESPONDENT. [G.R. NO. 181482] PENTACAPITAL INVESTMENT CORPORATION, PETITIONER, VS. MAKILITO B. MAHINAY, RESPONDENT.

  • [G.R. No. 174129 : July 05, 2010] HONESTO V. FERRER, JR., AND ROMEO E. ESPERA, PETITIONERS, VS. MAYOR SULPICIO S. ROCO, JR., IN HIS CAPACITY AS MAYOR OF NAGA CITY, SANGGUNIANG PANGLUNGSOD OF THE CITY OF NAGA, AND PEÑAFRANCIA MEMORIAL PARK CORPORATION RESPONDENTS.

  • [G.R. No. 175023 : July 05, 2010] GIOVANI SERRANO Y CERVANTES, PETITIONER, VS. PEOPLE OF THE PHILIPPINES, RESPONDENT.

  • [G.R. No. 175730 : July 05, 2010] HERMINIO T. DISINI, PETITIONER, VS. THE HONORABLE SANDIGANBAYAN, THE REPUBLIC OF THE PHILIPPINES, AS REPRESENTED BY THE OFFICE OF THE SOLICITOR GENERAL (OSG), AND THE PRESIDENTIAL COMMISSION ON GOOD GOVERNMENT (PCGG), RESPONDENTS.

  • [G.R. No. 175700 : July 05, 2010] SALVADOR V. REBELLION, PETITIONER, VS. PEOPLE OF THE PHILIPPINES, RESPONDENT.

  • [G.R. No. 179793 : July 05, 2010] MAGDALENA HIDALGO, EDITHA GONZALES, EUNICE P. MALIMBAN, CHRISTINE VIDAL, CHRISTIAN CALLEJO, CONSOLACION P. MORENO, SHERINA F. DOREZA, LUZ T. SUCGANG, PRISCILLA F. ESTOYE, REYNOSO V. GALLANO, ROSITA L. SENEDRIN, JULITA P. DE CASTRO, JULIETA F. PALAFOX, ERLINDO V. GALANO, JR., ROSALINDA R. SALUD, EVANGELINE D. EVANGELISTA, BABYLINDA N. NOHAY, BELINDA D. CARDONA, WILMA D. BARCENA, ANABELLE P. MOJADAS, LEONORA GRANADO, RICARDO R. BARANGCO, ROMEO O. MAICON, DANILO B. ENRICO, MARIANILA SITO, MERLINA A. CATAAN, NEMIA E. PIANO, SOLEDAD P. RAMOS, DANTE L. PESIGAN, EDA A. JUNIO, MERCEDES R. NAFARRETE, MARILYN S. GONO, LUZ SAMSON, ERNESTO C. DESEAR, TERESITA G. GONZAGA, TERESITA E. EUSTAQUIO, VIRGINIA S. MONTEMAYOR, CRISTINA ABANTO, HENRY C. AMORTIZADO, FRANKIE VALERA, NELIA G. CAMORO, JOYSIE LABRADOR, GERTRUDES FALALES, OPHELIA G. MUSAMAREN, PETRA M. IRINGAN, FRANCISCO C. CAPIZ, JR., RICKY ECHIEVERA, MA. ELGIN O. ABAIS, JOHN CARANAN, ROMEO LAGUNA, REBECCA C. BUGUA, NELSON FERRER, HELEN MANRESA, CONSORCIA FAJANEL, MA. JUANA A. GOLFO, RUBYLYN D. DUMANDAL, FLORECERFINA S. BANDOLIN, FLORENCIO A. QUILATON, JR., GLORIA J. DOMINGO, MAY MACUGAY, MARY ANN CLAUDIO, ELVIRA KALALO, DOROTEA MARTINEZ, LIGAYA PANEDA, AND RENATO AGUILAR, PETITIONERS, VS. REPUBLIC OF THE PHILIPPINES, FOR AND IN BEHALF OF THE ARMED FORCES OF THE PHILIPPINES COMMISSARY AND EXCHANGE SERVICES (AFPCES), RESPONDENT.

  • [G.R. No. 182740 : July 05, 2010] LYDIA ESCARCHA, FOR AND IN BEHALF OF JOSEPH ERWIN M. ESCARCHA, SHEILA MAY ESCARCHA, AND ALYSSA M. ESCARCHA, PETITIONER, VS. LEONIS NAVIGATION CO., INC. AND/OR WORLD MARINE PANAMA, S.A., RESPONDENTS.

  • [G.R. No. 181051 : July 05, 2010] MANDAUE GALLEON TRADE, INC. AND GAMALLOSONS TRADERS, INC., REPRESENTED BY FAUSTO B. GAMALLO, PETITIONERS, VS. BIENVENIDO ISIDTO, ERWIN BA-AY, VICTORIANO BENDANILLA, EDUVIGIS GUTIB, JULITO GUTIB, GREGORIO ORDENISA, DAMIAN RABANAL, ROSITA RABANAL, EUSTAQUIA SIGLOS, PRIMITIVO SIGLAS, AND RODOLFO TORRES RESPONDENTS.

  • [G.R. No. 180819 : July 05, 2010] AMIHAN BUS LINES, INC., PETITIONER, VS. ROMARS INTERNATIONAL GASES CORPORATION, REPRESENTED BY CHARLIE J. SAPUGAY; REGIONAL TRIAL COURT, BRANCH 36, IRIGA CITY, PRESIDED BY HON. MILAGROS G. QUIJANO; AND SAMUEL S. SANTAYANA, RESPONDENTS.

  • [G.R. No. 182793 : July 05, 2010] PEOPLE OF THE PHILIPPINES,PLAINTIFF-APPELLEE, VS. DIONISIO CALONGE Y VERANA, ACCUSED-APPELLANT.

  • [G.R. No. 186411 : July 05, 2010] PEOPLE OF THE PHILIPPINES, PLAINTIFF-APPELLEE, VS. ARTURO PALER, ACCUSED-APPELLANT.

  • [G.R. No. 186461 : July 05, 2010] PEOPLE OF THE PHILIPPINES, PLAINTIFF-APPELLEE, VS. SEVERIANO OGAN, ACCUSED-APPELLANT.

  • [G.R. No. 186472 : July 05, 2010] PEOPLE OF THE PHILIPPINES, APPELLEE, VS. ANTONIO SIONGCO Y DELA CRUZ, ERIBERTO ENRIQUEZ Y GEMSON, GEORGE HAYCO Y CULLERA, AND ALLAN BONSOL Y PAZ, ACCUSED, ANTONIO SIONGCO Y DELA CRUZ AND ALLAN BONSOL Y PAZ, APPELLANTS.

  • [G.R. No. 187075 : July 05, 2010] PEOPLE OF THE PHILIPPINES, PLAINTIFF-APPELLEE, VS. ROMMEL BELO Y DE LEON, ACCUSED-APPELLANT.

  • [G.R. No. 186550 : July 05, 2010] ASIAN CATHAY FINANCE AND LEASING CORPORATION, PETITIONER, VS. SPOUSES CESARIO GRAVADOR AND NORMA DE VERA AND SPOUSES EMMA CONCEPCION G. DUMIGPI AND FEDERICO L. DUMIGPI, RESPONDENTS.

  • [G.R. No. 187737 : July 05, 2010] PEOPLE OF THE PHILIPPINES, PLAINTIFF-APPELLEE, VS. ALIODING SULTAN, ACCUSED-APPELLANT.

  • [G.R. No. 187879 : July 05, 2010] DALISAY E. OCAMPO, VINCE E. OCAMPO, MELINDA CARLA E. OCAMPO, AND LEONARDO E. OCAMPO, JR., PETITIONERS, VS. RENATO M. OCAMPO AND ERLINDA M. OCAMPO, RESPONDENTS.

  • [G.R. No. 188129 : July 05, 2010] PEOPLE OF THE PHILIPPINES, PLAINTIFF-APPELLEE, VS. RICARDO BODOSO Y BOLOR, ACCUSED-APPELLANT.

  • [G.R. No. 188223 : July 05, 2010] SENTINEL INTEGRATED SERVICES, INC., PETITIONER, VS. RIO JOSE REMO, RESPONDENT.

  • [G.R. No. 188975 : July 05, 2010] PEOPLE OF THE PHILIPPINES, APPELLEE, VS. ALBERT TEÑOSO Y LOPEZ ALIAS "PAKING" AND EDGARDO COCOTAN ALIAS "PAOT," APPELLANTS.

  • [G.R. No. 189807 : July 05, 2010] PEOPLE OF THE PHILIPPINES, APPELLEE, VS. JESSIE DACALLOS Y MODINA, APPELLANT.

  • [G.R. No. 190384 : July 05, 2010] HEIRS OF SPOUSES CRISPULO FERRER AND ENGRACIA PUHAWAN, REPRESENTED BY ROMEO F. GAZA AS ATTORNEY-IN-FACT, PETITIONERS, VS. THE HONORABLE COURT OF APPEALS, NATIONAL POWER CORPORATION, GUIDO ALFREDO DELGADO, FERNANDO ROXAS, ALBERTO PANGCOG, SAMUEL PIEDAD, GREGORIO ALVAREZ, RAFAEL LAGOS, AUGUSTO GO, NAPOLEON EUFEMIO, MELITO SALAZAR, VIRGILIO ODI AND MEHOLK SADAIN, RESPONDENTS.

  • [G.R. No. 191404 : July 05, 2010] EUMELIA R. MITRA, PETITIONER, VS. PEOPLE OF THE PHILIPPINES AND FELICISIMO S. TARCELO, RESPONDENTS.

  • [G.R. No. 190633 : July 05, 2010] PEOPLE OF THE PHILIPPINES, PLAINTIFF-APPELLEE, VS. BASILIO CADAP, ACCUSED-APPELLANT.

  • [A.M. No. P-08-2590 : July 05, 2010] JULIE ANN C. DELA CUEVA, COMPLAINANT, VS. SELIMA B. OMAGA, COURT STENOGRAPHER I, MTC-CALAUAN, LAGUNA, RESPONDENT.

  • [G.R. No. 176885 : July 05, 2010] REPUBLIC OF THE PHILIPPINES, PETITIONER, VS. DOMINGO ESPINOSA, RESPONDENT.

  • [A.M. No. RTJ-10-2236 (Formerly OCA I.P.I. NO. 09-3083-RTJ) : July 05, 2010] RUBEN N. SALCEDO, COMPLAINANT, VS. JUDGE GIL G. BOLLOZOS, RESPONDENT.

  • [G.R. No. 156797 : July 06, 2010] IN RE: RECONSTITUTION OF TRANSFER CERTIFICATES OF TITLE NOS. 303168 AND 303169 AND ISSUANCE OF OWNER'S DUPLICATE CERTIFICATES OF TITLE IN LIEU OF THOSE LOST, ROLANDO EDWARD G. LIM, PETITIONER.

  • [G.R. No. 172200 : July 06, 2010] THE HEIRS OF REDENTOR COMPLETO AND ELPIDIO ABIAD, PETITIONERS, VS. SGT. AMANDO C. ALBAYDA, JR., RESPONDENT.

  • [G.R. No. 175846 : July 06, 2010] REPUBLIC OF THE PHILIPPINES, PETITIONER, VS. ROSILA ROCHE, RESPONDENT.

  • [G.R. No. 179709 : July 06, 2010] PEOPLE OF THE PHILIPPINES, PLAINTIFF-APPELLEE, VS. FILOMENO MAYINGQUE, GREGORIO MAYINGQUE, AND TORIBIO MAYINGQUE Y SANICO, DEFENDANTS-APPELLANTS.

  • [G.R. No. 181036 : July 06, 2010] PEOPLE OF THE PHILIPPINES, PLAINTIFF-APPELLEE, VS. ADRIANO LEONARDO Y DANTES, ACCUSED-APPELLANT.

  • [G.R. No. 180285 : July 06, 2010] MA. SOCORRO MANDAPAT, PETITIONER, VS. ADD FORCE PERSONNEL SERVICES, INC. AND COURT OF APPEALS, RESPONDENTS.

  • [G.R. No. 179812 : July 06, 2010] ETERTON MULTI-RESOURCES CORPORATION (FORMERLY ETERNIT CORPORATION), PETITIONER, VS. FILIPINO PIPE AND FOUNDRY CORPORATION, RESPONDENT.

  • [G.R. No. 183101 : July 06, 2010] PEOPLE OF THE PHILIPPINES, APPELLEE, VS. NOEL CATENTAY, APPELLANT.

  • [G.R. No. 184088 : July 06, 2010] IGLESIA EVANGELICA METODISTA EN LAS ISLAS FILIPINAS (IEMELIF) (CORPORATION SOLE), INC., REV. NESTOR PINEDA, REV. ROBERTO BACANI, BENJAMIN BORLONGAN, JR., DANILO SAUR, RICHARD PONTI, ALFREDO MATABANG AND ALL THE OTHER MEMBERS OF THE IEMELIF TONDO CONGREGATION OF THE IEMELIF CORPORATION SOLE, PETITIONERS, VS. BISHOP NATHANAEL LAZARO, REVERENDS HONORIO RIVERA, DANIEL MADUCDOC, FERDINAND MERCADO, ARCADIO CABILDO, DOMINGO GONZALES, ARTURO LAPUZ, ADORABLE MANGALINDAN, DANIEL VICTORIA AND DAKILA CRUZ, AND LAY LEADER LINGKOD MADUCDOC AND CESAR DOMINGO, ACTING INDIVIDUALLY AND AS MEMBERS OF THE SUPREME CONSISTORY OF ELDERS AND THOSE CLAIMING UNDER THE CORPORATION AGGREGATE, RESPONDENTS.

  • [G.R. No. 184812 : July 06, 2010] PEOPLE OF THE PHILIPPINES, APPELLEE, VS. ERMILITO ALEGRE Y LAMOSTE, APPELLANT.

  • [G.R. No. 188570 : July 06, 2010] PEOPLE OF THE PHILIPPINES, APPELLEE, VS. CHRISTOPHER DE MESA AND EMMANUEL GONZALES, APPELLANTS.

  • [A.M. No. RTJ-06-1992 (Formerly OCA I.P.I. No. 98-603-RTJ) : July 06, 2010] OLIVIA LAUREL, COURT STENOGRAPHER III, DIANA RAMOS, UTILITY WORKER, BOTH OF THE REGIONAL TRIAL COURT, BRANCH 25, BIÑAN, LAGUNA AND HERMINIA JAVIER, CLERK III, RTC-OFFICE OF THE CLERK OF COURT, BIÑAN, LAGUNA, AND ALBERTO R. NOFUENTE, 3RD ASSISTANT PROVINCIAL PROSECUTOR OF LAGUNA, COMPLAINANTS, VS. JUDGE PABLO B. FRANCISCO, PRESIDING JUDGE, REGIONAL TRIAL COURT, BRANCH 26, STA. CRUZ, LAGUNA, RESPONDENT. [A.M. NO. P-10-2745 (FORMERLY OCA I.P.I. NO. 98-511-P)] JUDGE PABLO B. FRANCISCO, PRESIDING JUDGE, REGIONAL TRIAL COURT, BRANCH 26, STA. CRUZ, LAGUNA, COMPLAINANT, VS. OLIVIA LAUREL, COURT STENOGRAPHER III, DIANA RAMOS, UTILITY WORKER, BOTH OF THE REGIONAL TRIAL COURT, BRANCH 25, BIÑAN, LAGUNA AND HERMINIA JAVIER, CLERK III, RTC-OFFICE OF THE CLERK OF COURT, BIÑAN, LAGUNA, RESPONDENTS. [A.M. NO. RTJ-00-1992 (FORMERLY OCA I.P.I. NO. 00-974-P)] JUDGE PABLO B. FRANCISCO, PRESIDING JUDGE, REGIONAL TRIAL COURT, BRANCH 26, STA. CRUZ, LAGUNA, COMPLAINANT, VS. OLIVIA LAUREL, COURT STENOGRAPHER III, AND DIANA RAMOS, UTILITY WORKER, ALL OF THE REGIONAL TRIAL COURT, BRANCH 25, BIÑAN, LAGUNA, RESPONDENTS. X [A.M. NO. P-10-2746 (FORMERLY OCA I.P.I. NO. 00-963-P)] JUDGE PABLO B. FRANCISCO, PRESIDING JUDGE, REGIONAL TRIAL COURT, BRANCH 26, STA. CRUZ, LAGUNA, COMPLAINANT, VS. GERARDO P. HERNANDEZ, CLERK OF COURT V, JULIAN R. ORFIANO, JR., COURT LEGAL RESEARCHER III, MARIA FE L. LOPEZ, COURT STENOGRAPHER III, DIOSALYN N. PEREZ, COURT STENOGRAPHER III, AND JULIETA M. CHAVES, COURT STENOGRAPHER III, ALL OF THE REGIONAL TRIAL COURT, BRANCH 24, BIÑAN, LAGUNA, RESPONDENTS. [A.M. NO. P-10-2747 (FORMERLY OCA I.P.I. NO. 99-740-P)] JUDGE PABLO B. FRANCISCO,PRESIDING JUDGE, REGIONAL TRIAL COURT, BRANCH 26, STA. CRUZ, LAGUNA, COMPLAINANT, VS. NICANOR B. ALFONSO, PROCESS SERVER, ANGELITO A. BATI, UTILITY WORKER I, ARNEL G. MAGAT, SHERIFF IV, HERMINIA S. JAVIER, CLERK III, ALL OF THE REGIONAL TRIAL COURT-OFFICE OF THE CLERK OF COURT, BENEDICTO B. PASCUAL, INTERPRETER III, DIANA A. RAMOS, UTILITY WORKER I, OLIVIA M. LAUREL, COURT STENOGRAPHER III, ANDREW A. SANTOS, CLERK III, RAMON LUIS SEVILLA, PROCESS SERVER, ALL OF THE REGIONAL TRIAL COURT, BRANCH 25, BIÑAN, LAGUNA, JULIAN R. ORFIANO, JR., COURT LEGAL RESEARCHER II, CARIDAD D. CUEVILLAS, CLERK III, CARMELITA D. MORENO, CLERK III, MA. FE L. LOPEZ, COURT STENOGRAPHER III, DIOSALYN N. PEREZ, COURT STENOGRAPHER III, JULIETA M. CHAVES, COURT STENOGRAPHER III, ALL OF THE REGIONAL TRIAL COURT, BRANCH 24, BIÑAN, LAGUNA AND ATTY. MELVIN D.C. MANE, CLERK OF COURT V, RESPONDENTS. [A.M. NO. P-10-2748 (FORMERLY OCA I.P.I. NO. 99-573-P)] JUDGE PABLO B. FRANCISCO, PRESIDING JUDGE, REGIONAL TRIAL COURT, BRANCH 26, STA. CRUZ, LAGUNA, COMPLAINANT, VS.CARIDAD D. CUEVILLAS, CLERK III, BRANCH 24, REGIONAL TRIAL COURT, BIÑAN, LAGUNA, RESPONDENT. [A.M. NO. P-10-2749 (FORMERLY OCA I.P.I. NO. 02-1338-P)] JUDGE PABLO B. FRANCISCO, PRESIDING JUDGE, REGIONAL TRIAL COURT, BRANCH 26, STA. CRUZ, LAGUNA, COMPLAINANT, VS.HERMINIA S. JAVIER, CLERK III, NICANOR B. ALFONSO, PROCESS SERVER, ANGELITO A. BATI, UTILITY WORKER I, ARNEL G. MAGAT, SHERIFF IV, ALL OF THE REGIONAL TRIAL COURT-OFFICE OF THE CLERK OF COURT, BIÑAN, LAGUNA, CARIDAD D. CUEVILLAS, CLERK III, CARMELITA D. MORENO, CLERK III, DIOSALYN N. PEREZ, COURT STENOGRAPHER III, MARIA FE LOPEZ, COURT STENOGRAPHER III, JULIAN ORFIANO, JR., LEGAL RESEARCHER III, ALL OF THE REGIONAL TRIAL COURT, BRANCH 24, BIÑAN, LAGUNA, BENEDICTO PASCUAL, COURT INTERPRETER III, RAMON LUIS SEVILLA, PROCESS SERVER, ANDREW A. SANTOS, CLERK III AND OLIVIA M. LAUREL, COURT STENOGRAPHER III, ALL OF THE REGIONAL TRIAL COURT, BRANCH 25, BIÑAN, LAGUNA.RESPONDENTS. [A.M. NO. P-10-2750 (FORMERLY OCA I.P.I. NO. 02-1410-P)] JUDGE PABLO B. FRANCISCO,PRESIDING JUDGE, REGIONAL TRIAL COURT, BRANCH 26, STA. CRUZ, LAGUNA, COMPLAINANT, VS. ATTY. ROWENA A. MALABANAN-GALEON, CLERK OF COURT V AND BENEDICTO PASCUAL, COURT INTERPRETER III, BOTH OF BRANCH 25, REGIONAL TRIAL COURT, BIÑAN, LAGUNA, RESPONDENTS. [A.M. NO. P-10-2751 (FORMERLY OCA I.P.I. NO. 02-1411-P)] JUDGE PABLO B. FRANCISCO, PRESIDING JUDGE, REGIONAL TRIAL COURT, BRANCH 26, STA. CRUZ, LAGUNA, COMPLAINANT, VS. ATTY. ROWENA A. MALABANAN-GALEON, CLERK OF COURT V, REGIONAL TRIAL COURT, BRANCH 25, BIÑAN, LAGUNA, RESPONDENT. [A.M. NO. P-03-1706 (FORMERLY OCA I.P.I. NO. 02-1409-P)] JUDGE PABLO B. FRANCISCO, PRESIDING JUDGE, REGIONAL TRIAL COURT, BRANCH 26, STA. CRUZ, LAGUNA, COMPLAINANT, VS. ATTY. ROWENA A. MALABANAN-GALEON, CLERK OF COURT V AND OLIVIA M. LAUREL, COURT STENOGRAPHER III, BOTH OF THE REGIONAL TRIAL COURT, BRANCH 25, BIÑAN, LAGUNA, RESPONDENTS. [A.M. NO. RTJ-10-2214 (FORMERLY OCA I.P.I. NO. 02-1592-RTJ)] JOEL O. ARELLANO AND ARNEL M. MAGAT, BOTH DEPUTY SHERIFF, REGIONAL TRIAL COURT-OFFICE OF THE CLERK OF COURT, BIÑAN, LAGUNA, COMPLAINANTS. VS.JUDGE PABLO B. FRANCISCO, PRESIDING JUDGE, REGIONAL TRIAL COURT, BRANCH 26, STA. CRUZ, LAGUNA,RESPONDENT.

  • [G.R. No. 138696 : July 07, 2010] FELIZARDO S. OBANDO AND JUAN S. OBANDO, PETITIONERS, VS. PEOPLE OF THE PHILIPPINES, RESPONDENT.

  • [G.R. No. 163835 : July 07, 2010] COMMISSIONER OF INTERNAL REVENUE, PETITIONER, VS. EASTERN TELECOMMUNICATIONS PHILIPPINES, INC., RESPONDENT.

  • [G.R. No. 134269 : July 07, 2010] THE LEARNING CHILD, INC. AND SPS. FELIPE AND MARY ANNE ALFONSO, PETITIONERS, VS. AYALA ALABANG VILLAGE ASSOCIATION, SPOUSES ERNESTO AND ALMA ARZAGA, MARIA LUISA QUISUMBING, ARTURO SENA, KSL CORPORATION, SLV MANAGEMENT CORPORATION AND LAWPHIL, INC., RESPONDENTS. [G.R. NO. 134440] JOSE MARIE V. AQUINO, MINOR AND REPRESENTED BY HIS PARENTS DR. ERROL AQUINO AND ATTY. MARILYN AQUINO; LORENZO MARIA E. VELASCO, MINOR AND REPRESENTED BY HIS PARENTS FRANCISCO VELASCO AND ROSANNA VELASCO; CHRISTOPHER E. WALMSLEY, MINOR AND REPRESENTED BY HIS PARENTS GERALD WALMSLEY AND MA. TERESA WALMSLEY; JOANNA MARIE S. SISON, MINOR AND REPRESENTED BY HER PARENTS BONIFACIO SISON AND JOSEPHINE SISON; AND MATTHEW RAPHAEL C. ARCE, MINOR AND REPRESENTED BY HIS PARENTS RAPHAEL ARCE AND MA. ERISSA ARCE, PETITIONERS, VS. AYALA ALABANG VILLAGE ASSOCIATION, SPOUSES ERNESTO AND ALMA ARZAGA, MARIA LUISA QUISUMBING, ARTURO SENA, KSL CORPORATION AND LAWPHIL, INC., RESPONDENTS. [G.R. NO. 144518] AYALA ALABANG VILLAGE ASSOCIATION, SPOUSES ERNESTO AND ALMA ARZAGA, MARIA LUISA QUISUMBING, ARTURO SENA, KSL CORPORATION, SLV MANAGEMENT CORPORATION AND LAWPHIL, INC., PETITIONERS, VS. MUNICIPALITY (NOW CITY) OF MUNTINLUPA, THE LEARNING CHILD, INC., SPOUSES FELIPE AND MARY ANNE ALFONSO, AND THE HON. COURT OF APPEALS (SPECIAL FIFTEENTH DIVISION), RESPONDENTS.

  • [G.R. Nos. 147925-26 : July 07, 2010] ELPIDIO S. UY, DOING BUSINESS UNDER THE NAME AND STYLE OF EDISON DEVELOPMENT & CONSTRUCTION, PETITIONER, VS. PUBLIC ESTATES AUTHORITY, RESPONDENT.

  • [G.R. No. 170375 : July 07, 2010] REPUBLIC OF THE PHILIPPINES, PETITIONER, VS. HON. MAMINDIARA P. MANGOTARA, IN HIS CAPACITY AS PRESIDING JUDGE OF THE REGIONAL TRIAL COURT, BRANCH 1, ILIGAN CITY, LANAO DEL NORTE, AND MARIA CRISTINA FERTILIZER CORPORATION, AND THE PHILIPPINE NATIONAL BANK, RESPONDENTS, [G.R. NO. 170505] LAND TRADE REALTY CORPORATION,PETITIONER, VS. NATIONAL POWER CORPORATION AND NATIONAL TRANSMISSION CORPORATION (TRANSCO), RESPONDENTS, [G.R. NOS. 173355-56] NATIONAL POWER CORPORATION, PETITIONER, VS. HON. COURT OF APPEALS (SPECIAL TWENTY-THIRD DIVISION, CAGAYAN DE ORO CITY), AND LAND TRADE REALTY CORPORATION, RESPONDENTS, [G.R. NO. 173401] REPUBLIC OF THE PHILIPPINES,PETITIONER, VS. DEMETRIA CACHO, REPRESENTED BY ALLEGED HEIRS DEMETRIA CONFESOR VIDAL AND/OR TEOFILO CACHO, AZIMUTH INTERNATIONAL DEVELOPMENT CORPORATION AND LAND TRADE REALTY CORPORATION, RESPONDENTS. [G.R. NOS. 173563-64] NATIONAL TRANSMISSION CORPORATION, PETITIONER, VS. HON. COURT OF APPEALS (SPECIAL TWENTY-THIRD DIVISION, CAGAYAN DE ORO CITY), AND LAND TRADE REALTY CORPORATION AS REPRESENTED BY ATTY. MAX C. TABIMINA, RESPONDENTS, [G.R. NO. 178779] LAND TRADE REALTY CORPORATION, PETITIONER, VS. DEMETRIA CONFESOR VIDAL AND AZIMUTH INTERNATIONAL DEVELOPMENT CORPORATION, RESPONDENTS, [G.R. NO. 178894] TEOFILO CACHO AND/OR ATTY. GODOFREDO CABILDO,PETITIONER, VS. DEMETRIA CONFESOR VIDAL AND AZIMUTH INTERNATIONAL DEVELOPMENT CORPORATION, RESPONDENTS.

  • [G.R. No. 170623 : July 07, 2010] A.Z. ARNAIZ REALTY, INC. REPRESENTED BY CARMEN Z. ARNAIZ, PETITIONER, VS. OFFICE OF THE PRESIDENT; DEPARTMENT OF AGRARIAN REFORM; REGIONAL DIRECTOR, DAR REGION V, LEGASPI CITY; PROVINCIAL AGRARIAN REFORM OFFICER, DAR PROVINCIAL OFFICE, MASBATE, MASBATE; MUNICIPAL AGRARIAN REFORM OFFICER, DAR MUNICIPAL OFFICE, MASBATE, MASBATE, RESPONDENTS.

  • [G.R. No. 177573 : July 07, 2010] PEOPLE OF THE PHILIPPINES, PLAINTIFF-APPELLEE, VS. ROBERTO ASIS AND JULIUS PEÑARANDA, ACCUSED-APPELLANTS.

  • [G.R. No. 188704 : July 07, 2010] PEOPLE OF THE PHILIPPINES, PLAINTIFF-APPELLEE, VS. PEDRO ORTIZ, JR. Y LOPES, ACCUSED-APPELLANT.

  • [G.R. No. 172962 : July 08, 2010] PEOPLE OF THE PHILIPPINES, PLAINTIFF-APPELLEE, VS. ROMEO REPUBLO, ACCUSED-APPELLANT.

  • [G.R. No. 174697 : July 08, 2010] CHAMBER OF REAL ESTATE AND BUILDERS' ASSOCIATIONS, INC. (CREBA), PETITIONER, VS. ENERGY REGULATORY COMMISSION (ERC) AND MANILA ELECTRIC COMPANY (MERALCO), RESPONDENTS.

  • [G.R. No. 161849 : July 09, 2010] WALLEM PHILIPPINES SHIPPING, INC., PETITIONER, VS. S.R. FARMS, INC., RESPONDENT.

  • [G.R. No. 165582 : July 09, 2010] LUIS CHITO BUENSOCESO LOZANO, PETITIONER, VS. PEOPLE OF THE PHILIPPINES, RESPONDENT.

  • [G.R. No. 170645 : July 09, 2010] NIEVES ESTARES BALDOS, SUBSTITUTED BY FRANCISCO BALDOS AND MARTIN BALDOS, PETITIONERS, VS. COURT OF APPEALS AND REYNALDO PILLAZAR A.K.A. REYNALDO ESTARES BALDOS, RESPONDENTS.

  • [G.R. No. 171873 : July 09, 2010] MUNICIPALITY OF TIWI, REPRESENTED BY HON. MAYOR JAIME C. VILLANUEVA AND THE SANGGUNIANG BAYAN OF TIWI, PETITIONERS, VS. ANTONIO B. BETITO, RESPONDENT.

  • [G.R. No. 172023 : July 09, 2010] HEIRS OF SANTIAGO C. DIVINAGRACIA, PETITIONERS, VS. HONORABLE J. CEDRICK O. RUIZ, PRESIDING JUDGE, BRANCH 39, REGIONAL TRIAL COURT, ILOILO CITY; GERRY D. SUMACULUB, AS CLERK OF COURT OF THE REGIONAL TRIAL COURT; CBS DEVELOPMENT CORPORATION, INC. (CBSDC) REPRESENTED BY ITS PRESIDENT AND CHIEF EXECUTIVE OFFICER, ROGELIO M. FLORETE, SR., AND DIAMEL INC., REPRESENTED BY ROGELIO M. FLORETE, SR., RESPONDENTS.

  • [G.R. No. 172611 : July 09, 2010] SPS. FEDERICO VALENZUELA AND LUZ BUENA-VALENZUELA PETITIONERS, SPS. JOSE MANO, JR. AND ROSANNA REYES-MANO RESPONDENTS.

  • [G.R. No. 177219, July 09 : 2010] PEOPLE OF THE PHILIPPINES, PLAINTIFF-APPELLEE, VS. ROGELIO ALARCON, ACCUSED-APPELLANT.

  • [G.R. No. 165168 : July 09, 2010] SPS. NONILON (MANOY) AND IRENE MONTECALVO, PETITIONERS, VS. HEIRS (SUBSTITUTES) OF EUGENIA T. PRIMERO, REPRESENTED BY THEIR ATTORNEY-IN-FACT, ALFREDO T. PRIMERO, JR., RESPONDENTS.

  • [G.R. No. 170464 : July 12, 2010] LAMBERT PAWNBROKERS AND JEWELRY CORPORATION AND LAMBERT LIM, PETITIONERS, VS. HELEN BINAMIRA, RESPONDENT.

  • [G.R. No. 163825 : July 13, 2010] VIOLETA TUDTUD BANATE, MARY MELGRID M. CORTEL, BONIFACIO CORTEL, ROSENDO MAGLASANG, AND PATROCINIA MONILAR, PETITIONERS, VS. PHILIPPINE COUNTRYSIDE RURAL BANK (LILOAN, CEBU), INC. AND TEOFILO SOON, JR.,RESPONDENTS.

  • [G.R. No. 161602 : July 13, 2010] ALFREDO T. ROMUALDEZ, PETITIONER, VS. THE HONORABLE SANDIGANBAYAN (THIRD DIVISION) AND THE REPUBLIC OF THE PHILIPPINES, RESPONDENTS.

  • [G.R. No. 154560 : July 13, 2010] REPUBLIC OF THE PHILIPPINES, PETITIONER, VS. SANDIGANBAYAN (SECOND DIVISION), TERNATE DEVELOPMENT CORPORATION, FANTASIA FILIPINA RESORTS, INC., MONTE SOL DEVELOPMENT CORPORATION, OCEAN VILLAS CONDOMINIUM CORPORATION, OLAS DEL MAR DEVELOPMENT CORPORATION, PHILIPPINE VILLAGE HOTEL, PHILROAD CONSTRUCTION CORPORATION, PUERTO AZUL BEACH AND COUNTRY CLUB, INC., SILAHIS INTERNATIONAL HOTEL, SULO DOBBS FOOD SERVICES, INC., NOTION AND POTIONS, INC., AND SUN AND SHADE MERCHANDISE, INC., RESPONDENTS.

  • [G.R. No. 171565 : July 13, 2010] ANTONIO B. RAMOS (DECEASED), SUBSTITUTED BY HIS SURVIVING HEIRS, NAMELY, MA. MARGARITA A. RAMOS, ANTONIO A. RAMOS, MA. REGINA RAMOS DE DIOS, JOSE VICENTE A. RAMOS, MA. POMONA RAMOS KO TEH AND OSCAR EMERITO A. RAMOS, PETITIONERS, VS. PEOPLE OF THE PHILIPPINES AND ROGERIO H. ESCOBAL, RESPONDENTS.

  • [G.R. No. 175835 : July 13, 2010] PEOPLE OF THE PHILIPPINES, APPELLEE, VS. GERARDO ROLLAN Y REY, APPELLANT.

  • [G.R. No. 177861 : July 13, 2010] IN RE: PETITION FOR CANCELLATION AND CORRECTION OF ENTRIES IN THE RECORD OF BIRTH, EMMA K. LEE, PETITIONER, VS. COURT OF APPEALS, RITA K. LEE, LEONCIO K. LEE, LUCIA K. LEE-ONG, JULIAN K. LEE, MARTIN K. LEE, ROSA LEE-VANDERLEK, MELODY LEE-CHIN, HENRY K. LEE, NATIVIDAD LEE-MIGUEL, VICTORIANO K. LEE, AND THOMAS K. LEE, REPRESENTED BY RITA K. LEE, AS ATTORNEY-IN-FACT, RESPONDENTS.

  • [G.R. No. 187693 : July 13, 2010] INTERTRANZ CONTAINER LINES, INC. AND JOSEFINA F. TUMIBAY, PETITIONERS, VS. MA. TERESA I. BAUTISTA, RESPONDENT.

  • [G.R. No. 188569 : July 13, 2010] PEOPLE OF THE PHILIPPINES, PLAINTIFF-APPELLEE, VS. ROBERTO GARBIDA, ACCUSED-APPELLANT.

  • [G.R. No. 188600 : July 13, 2010] PEOPLE OF THE PHILIPPINES,PLAINTIFF-APPELLEE, VS. MARCOS QUIROS Y SEMBRANO, ACCUSED-APPELLANT.

  • [G.R. No. 188905 : July 13, 2010] PEOPLE OF THE PHILIPPINES, PLAINTIFF-APPELLEE, VS. ROSE NANDI Y SALI, ACCUSED-APPELLANT.

  • [G.R. No. 180660 : July 20, 2010] MARIBAGO BLUEWATER BEACH RESORT, INC. PETITIONER, VS. NITO DUAL, RESPONDENT.

  • [G.R. No. 174096 : July 20, 2010] SPOUSES DIVINIA C. PUBLICO AND JOSE T. PUBLICO,* PETITIONERS, VS. TERESA BAUTISTA, RESPONDENT.

  • [G.R. No. 185920 : July 20, 2010] JUANITA TRINIDAD RAMOS, ALMA RAMOS WORAK, MANUEL T. RAMOS, JOSEFINA R. ROTHMAN, SONIA R. POST, ELVIRA P. MUNAR, AND OFELIA R. LIM, PETITIONERS, VS. DANILO PANGILINAN, RODOLFO SUMANG, LUCRECIO BAUTISTA AND ROLANDO ANTENOR, RESPONDENTS.

  • [G.R. No. 181735 : July 20, 2010] LAND REGISTRATION AUTHORITY, REPRESENTED BY HON. BENEDICTO ULEP, IN HIS CAPACITY AS ADMINISTRATOR, HON. EDILBERTO R. FELICIANO, DEPUTY ADMINISTRATOR AND CHAIRMAN, BAC-PGSM, HON. OFELIA ABUEG-STA. MARIA, VICE-CHAIRMAN, BAC-PGM, ELISA OCAMPO, EDELMIRA N. SALAZAR, ATTY. JOSEFINA MONTANER, ROSETTE MABUNAY, CHERRY HERNANDEZ, NOEL SABARIZA, AS MEMBERS, BAC-PGSM, PETITIONER, VS. LANTING SECURITY AND WATCHMAN AGENCY, REPRESENTED BY ATTY. THOMAS L. LANTING, RESPONDENT.

  • [G.R. No. 181735 : July 20, 2010] LAND REGISTRATION AUTHORITY, REPRESENTED BY HON. BENEDICTO ULEP, IN HIS CAPACITY AS ADMINISTRATOR, HON. EDILBERTO R. FELICIANO, DEPUTY ADMINISTRATOR AND CHAIRMAN, BAC-PGSM, HON. OFELIA ABUEG-STA. MARIA, VICE-CHAIRMAN, BAC-PGM, ELISA OCAMPO, EDELMIRA N. SALAZAR, ATTY. JOSEFINA MONTANER, ROSETTE MABUNAY, CHERRY HERNANDEZ, NOEL SABARIZA, AS MEMBERS, BAC-PGSM, PETITIONER, VS. LANTING SECURITY AND WATCHMAN AGENCY, REPRESENTED BY ATTY. THOMAS L. LANTING, RESPONDENT.

  • [G.R. No. 182398 : July 20, 2010] BENNY Y. HUNG,* PETITIONER, VS. BPI CARD FINANCE CORP., RESPONDENT.

  • [G.R. No. 174097 : July 21, 2010] PEOPLE OF THE PHILIPPINES, PLAINTIFF-APPELLEE, VS. SONNY PADUA Y REYES, ACCUSED-APPELLANT.

  • [G.R. No. 153837 : July 21, 2010] ENGR. JOB Y. BESANA, HON. RONALDO B. ZAMORA, IN HIS CAPACITY AS EXECUTIVE SECRETARY, AND HON. CONRADO M. ESTRELLA III, IN HIS CAPACITY AS ADMINISTRATOR OF THE NATIONAL ELECTRIFICATION ADMINISTRATION, PETITIONERS, VS. RODSON F. MAYOR, RESPONDENT. AKLAN ELECTRIC COOPERATIVE, INC., INTERVENOR.

  • [A.M. No. MTJ-09-1728 (FORMERLY OCA I.P.I. NO. 04-1623-MTJ) : July 21, 2010] ATTY. JOSE A. BERNAS, COMPLAINANT, VS. JUDGE JULIA A. REYES, METROPOLITAN TRIAL COURT, BRANCH 69, PASIG CITY, RESPONDENT.

  • [G.R. No. 185215 : July 22, 2010] VIRGINIA D. BAUTISTA, PETITIONER, VS. CIVIL SERVICE COMMISSION AND DEVELOPMENT BANK OF THE PHILIPPINES, RESPONDENTS.

  • [G.R. No. 173634 : July 22, 2010] PHILIPPINE AMUSEMENT AND GAMING CORPORATION (PAGCOR), REPRESENTED BY ATTY. CARLOS R. BAUTISTA, JR., PETITIONER, VS. RUFINO G. AUMENTADO, JR., RESPONDENT.

  • [G.R. No. 172700 : July 23, 2010] OFFICE OF THE OMBUDSMAN, PETITIONER, VS. ROLSON RODRIGUEZ, RESPONDENT.

  • [G.R. No. 172292 : July 23, 2010] ALIDA MORES, PETITIONER, VS. SHIRLEY M. YU-GO, MA. VICTORIA M. YU-LIM, AND MA. ESTRELLA M. YU, RESPONDENTS.

  • [G.R. No. 171925 : July 23, 2010] SOLIDBANK CORPORATION, (NOW METROPOLITAN BANK AND TRUST COMPANY), PETITIONER, VS. PERMANENT HOMES, INCORPORATED, RESPONDENT.

  • [G.R. No. 171525 : July 23, 2010] ST. CATHERINE REALTY CORPORATION AND LAND KING REALTY DEVELOPMENT CORPORATION, PETITIONERS, VS. FERDINAND Y. PINEDA AND DOLORES S. LACUATA, RESPONDENTS.

  • [G.R. No. 190448 : July 26, 2010] FEDERICO D. TOMAS, PETITIONER, VS. ANN G. SANTOS, RESPONDENT.

  • [G.R. No. 188949 : July 26, 2010] CENTRAL AZUCARERA DE TARLAC, PETITIONER, VS. CENTRAL AZUCARERA DE TARLAC LABOR UNION-NLU, RESPONDENT.

  • [G.R. No. 189278 : July 26, 2010] PEOPLE OF THE PHILIPPINES, PLAINTIFF-APPELLEE, VS. ELIZABETH MARCELINO Y REYES, ACCUSED-APPELLANT.

  • [G.R. No. 183133 : July 26, 2010] BALGAMELO CABILING MA, FELIX CABILING MA, JR., AND VALERIANO CABILING MA, PETITIONERS, VS. COMMISSIONER ALIPIO F. FERNANDEZ, JR., ASSOCIATE COMMISSIONER ARTHEL B. CARONOׁGAN, ASSOCIATE COMMISSIONER JOSE DL. CABOCHAN, ASSOCIATE COMMISSIONER TEODORO B. DELARMENTE AND ASSOCIATE COMMISSIONER FRANKLIN Z. LITTAUA, IN THEIR CAPACITIES AS CHAIRMAN AND MEMBERS OF THE BOARD OF COMMISSIONERS (BUREAU OF IMMIGRATION), AND MAT G. CATRAL, RESPONDENTS.

  • [G.R. No. 183027 : July 26, 2010] SPOUSES EDMUNDO AND LOURDES SARROSA, PETITIONERS, VS. WILLY O. DIZON, RESPONDENT.

  • [G.R. No. 181178 : July 26, 2010] AMELIA R. OBUSAN, PETITIONER, VS. PHILIPPINE NATIONAL BANK, RESPONDENT.

  • [G.R. No. 180109 : July 26, 2010] PEOPLE OF THE PHILIPPINES, PETITIONER, VS. JOSEPH "JOJO" V. GREY, FRANCIS B. GREY, AND COURT OF APPEALS-CEBU CITY, EIGHTEENTH DIVISION, RESPONDENTS.

  • [G.R. No. 179105 : July 26, 2010] METROPOLITAN BANK AND TRUST COMPANY, PETITIONER, VS. LARRY MARIׁAS, RESPONDENT.

  • [G.R. No. 178495 : July 26, 2010] SPOUSES RODOLFO A. NOCEDA AND ERNA T. NOCEDA, PETITIONERS, VS. AURORA ARBIZO-DIRECTO, RESPONDENT.

  • [G.R. No. 178591 : July 26, 2010] SM SYSTEMS CORPORATION (FORMERLY SPRINGSUN MANAGEMENT SYSTEMS CORPORATION), PETITIONER, VS. OSCAR CAMERINO, EFREN CAMERINO, CORNELIO MANTILE, DOMINGO ENRIQUEZ, AND HEIRS OF NOLASCO DEL ROSARIO, RESPONDENTS.

  • [G.R. No. 177637 : July 26, 2010] DR. DIOSCORO CARBONILLA, PETITIONER, VS. MARCELO ABIERA AND MARICRIS ABIERA PAREDES, SUBSTITUTED BY HER HEIRS, RESPONDENTS.

  • [G.R. No. 172988 : July 26, 2010] JOSE P. ARTIFICIO, PETITIONER, VS. NATIONAL LABOR RELATIONS COMMISSION, RP GUARDIANS SECURITY AGENCY, INC., JUAN VICTOR K. LAURILLA, ALBERTO AGUIRRE, AND ANTONIO A. ANDRES, RESPONDENTS.

  • [G.R. No. 169999 : July 26, 2010] NEW PUERTO COMMERCIAL AND RICHARD LIM, PETITIONERS, VS. RODEL LOPEZ AND FELIX GAVAN, RESPONDENTS.

  • [G.R. No. 168583 : July 26, 2010] ATTY. ALLAN S. MONTAׁO, PETITIONER, VS. ATTY. ERNESTO C. VERCELES, RESPONDENT.

  • [G.R. No. 167526 : July 26, 2010] PEOPLE OF THE PHILIPPINES, PETITIONER, VS. DANTE TAN, RESPONDENT.

  • [G.R. No. 167390 : July 26, 2010] SPOUSES ADOLFO FERNANDEZ, SR., AND LOURDES FERNANDEZ, PETITIONERS, VS. SPOUSES MARTINES CO AND ERLINDA CO, RESPONDENTS.

  • [G.R. No. 165554 : July 26, 2010] LAZARO PASCO AND LAURO PASCO, PETITIONERS, VS. HEIRS OF FILOMENA DE GUZMAN, REPRESENTED BY CRESENCIA DE GUZMAN- PRINCIPE, RESPONDENTS.

  • [G.R. No. 166250 : July 26, 2010] UNSWORTH TRANSPORT INTERNATIONAL (PHILS.), INC., PETITIONER, VS. COURT OF APPEALS AND PIONEER INSURANCE AND SURETY CORPORATION, RESPONDENTS.

  • [G.R. No. 162608 : July 26, 2010] ADRIAN WILSON INTERNATIONAL ASSOCIATES, INC., PETITIONER, VS. TMX PHILIPPINES, INC., RESPONDENT.

  • [G.R. No. 156599 : July 26, 2010] BORMAHECO, INCORPORATED, PETITIONER, VS. MALAYAN INSURANCE COMPANY, INCORPORATED AND INTERWORLD BROKERAGE CORPORATION, RESPONDENTS.

  • [G.R. No. 188130 : July 26, 2010] PEOPLE OF THE PHILIPPINES, PLAINTIFF-APPELLEE, VS. MARY LOU OMICTIN Y SINGCO, ACCUSED-APPELLANT.

  • [A.M. No. RTJ-09-2180 [Formerly OCA I.P.I. No. 08-2817-RTJ] : July 27, 2010] ROLANDO E. MARCOS, COMPLAINANT, VS. JUDGE OFELIA T. PINTO, REGIONAL TRIAL COURT, BRANCH 60, ANGELES CITY, RESPONDENT.

  • [G.R. No. 180291, July 27 : 2010] GOVERNMENT SERVICE INSURANCE SYSTEM (GSIS) AND WINSTON F. GARCIA, IN HIS CAPACITY AS PRESIDENT AND GENERAL MANAGER OF THE GSIS, PETITIONERS, VS. DINNAH VILLAVIZA, ELIZABETH DUQUE, ADRONICO A. ECHAVEZ, RODEL RUBIO, ROWENA THERESE B. GRACIA, PILAR LAYCO, AND ANTONIO JOSE LEGARDA, RESPONDENTS.

  • [G.R. No. 119857 : July 28, 2010] GOLDEN APPLE REALTY AND DEVELOPMENT CORPORATION AND ROSVIBON REALTY CORPORATION, PETITIONERS, VS. SIERRA GRANDE REALTY CORPORATION, MANPHIL INVESTMENT CORPORATION, RENAN V. SANTOS AND PATRICIO MAMARIL, RESPONDENTS.

  • [G.R. No. 152236 : July 28, 2010] RPRP VENTURES MANAGEMENT & DEVELOPMENT CORPORATION, PETITIONER, VS. HON. TEOFILO L. GUADIZ, JR., PRESIDING JUDGE, REGIONAL TRIAL COURT OF MAKATI CITY, BRANCH 147; METROPOLITAN BANK AND TRUST COMPANY AND ATTY. ENRIQUETO MAGPANTAY, IN HIS CAPACITY AS A NOTARY PUBLIC OF MAKATI CITY. RESPONDENTS.

  • [G.R. No. 180385 : July 28, 2010] PETRON CORPORATION, PETITIONER, VS. COMMISSIONER OF INTERNAL REVENUE, RESPONDENT.

  • [G.R. No. 173150 : July 28, 2010] LYDIA C. GELIG, PETITIONER, VS. PEOPLE OF THE PHILIPPINES, RESPONDENT.

  • [G.R. No. 171705 : July 29, 2010] EDUARDO VARELA, PETITIONER, VS. MA. DAISY REVALEZ, RAMON BORROMEO, YOLANDA BARCENILLA, ERNA LOCSIN, GRACE BARUC, VICENTE MIJARES, JR., LOIDA TAJONERA, NIRMLA AGNES MARTINEZ, ANALYN MAYPA, LEMUEL MAYPA, BERDITH GANCETA, ROGER RAMOS, SUZETTE DE LOS SANTOS, JUDE JAROPILLO, JOCELYN AZUCENA, VILMA PABALAN, CHANNIBAL BERJA, JERNEY BARZO, BRIGIDA MANGUINO, SOL GRACE GUSTILO, MARILOU AREVALO, LUCILLE ARGONOSO, MARCOS BACOMO, MELVIN BACOMO, JR., MERIAM BULLAG, ZOSIMA DESUYO, MARLENE BACOMO, EUGENE BALASA, ROY DE ASIS, LOLITA RUBEN, JOSE DIEZ, MILA DIEZ, JESUS DIEZ, DONNABEL ALFON, FRANCISCO DERIADA, ALEJANDRIA PORDIOS, LIGAYA MAGBANUA, DAISY GORECHO, ANARIEL BACOMO, FRED DELOTINA, STEPHEN DIPLOMA, MARITES BACABAC, ARACELI MAHINAY, JULIO OLVIDO, ANTONIO REBOTON, NENETTE JUMUAD, ROSEMARIE ALICANTE, AGUSTIN JAVIER, JR., LEODY JAVA, NAZARITO PIDO, NENITA BERMEO, DELILAH FERNANDEZ, WILDABETH LACSON, CYNTHIA DAZA, ROMMEL DELGADO, FLORITA GELACIO, ROSALLY LEAL, AILEEN VILLANUEVA, NINFA BENIGAY, ROSIE PALMA, FERNANDO DELGADO, ROMULO BARCENILLA, ROBERTO APIADO, MARIO OLVIDO, BETTY DELA CRUZ, MARTIN APILADAS, SOLEDAD MAGBANUA, NIDA VISTAL, FRANCISCO DE LARA, ANTHONY ROCH ACEVEDO, FELIX RAFOLS, YOLANDA FERNANDEZ, ERNISTINA ALARCON, EMIE ABANID, LOURY TOMPONG, MA. FE RAFOLS SIA, YOLANDA OLVIDO, FIDEL ARROYO, VITALIANO POBLACION, ZALDY TERENCIO, ROVIC ESCOBA, JENNIFER CABAHUG, HELEN PAGAY, ARTURO SALVE, AIDA GOMEZ, AND CITY OF CADIZ, RESPONDENTS.

  • [G.R. No. 173351 : July 29, 2010] BF CITILAND CORPORATION, PETITIONER, VS. MARILYN B. OTAKE, RESPONDENT.

  • [G.R. No. 171766 : July 29, 2010] ASIAWORLD PROPERTIES PHILIPPINE CORPORATION, PETITIONER, VS. COMMISSIONER OF INTERNAL REVENUE, RESPONDENT.

  • [G.R. No. 166236 : July 29, 2010] NOLI ALFONSO AND ERLINDA FUNDIALAN, PETITIONERS, VS. SPOUSES HENRY AND LIWANAG ANDRES, RESPONDENTS.

  • [G.R. No. 165569 : July 29, 2010] UNIVERSITY OF SANTO TOMAS, GLENDA A. VARGAS, MA. SOCORRO S. GUANHING, IN THEIR CAPACITIES AS DEAN AND ASSISTANT DEAN, RESPECTIVELY, OF THE COLLEGE OF NURSING OF THE UNIVERSITY OF SANTO TOMAS, AND RODOLFO N. CLAVIO, IN HIS CAPACITY AS REGISTRAR OF THE UNIVERSITY OF SANTO TOMAS, PETITIONERS, VS. DANES B. SANCHEZ, RESPONDENT.

  • [G.R. No. 165976 : July 29, 2010] SONIC STEEL INDUSTRIES, INC., PETITIONER, VS. COURT OF APPEALS, HON. EDUARDO B. PERALTA, IN HIS CAPACITY AS PRESIDING JUDGE OF BRANCH 17 OF THE REGIONAL TRIAL COURT OF MANILA, SEABOARD-EASTERN INSURANCE COMPANY, INC., PREMIER SHIPPING LINES, INC., AND ORIENTAL ASSURANCE CORPORATION, RESPONDENTS.

  • [G.R. No. 172027, July 29 : 2010] GONZALO S. GO, JR., PETITIONER, VS. COURT OF APPEALS AND OFFICE OF THE PRESIDENT, RESPONDENTS.

  • [G.R. No. 184843 : July 30, 2010] VIRGILIO DYCOCO, HEREIN REPRESENTED BY HIS ATTORNEYS-IN-FACT CRISTINO C. GRAFILO, JOSE C. GRAFILO AND ADOLFO C. GRAFILO, AND CRISTINO C. GRAFILO, JOSE C. GRAFILO AND ADOLFO C. GRAFILO FOR AND IN THEIR OWN BEHALF, PETITIONERS, VS. ADELAIDA ORINA JOINED BY HER HUSBAND GERMAN R. ORINA AS REPRESENTED BY HER ATTORNEY-IN-FACT EVELYN M. SAGALONGOS AND FOR IN THE LATTER'S OWN BEHALF, RESPONDENTS.

  • [G.R. No. 180010 : July 30, 2010] CENITA M. CARIAGA, PETITIONER, VS. PEOPLE OF THE PHILIPPINES, RESPONDENT. D E C I S I O N