Philippine Supreme Court Jurisprudence


Philippine Supreme Court Jurisprudence > Year 2010 > July 2010 Decisions > [G.R. No. 162608 : July 26, 2010] ADRIAN WILSON INTERNATIONAL ASSOCIATES, INC., PETITIONER, VS. TMX PHILIPPINES, INC., RESPONDENT.:




FIRST DIVISION

[G.R. No. 162608 : July 26, 2010]

ADRIAN WILSON INTERNATIONAL ASSOCIATES, INC., PETITIONER, VS. TMX PHILIPPINES, INC., RESPONDENT.

D E C I S I O N


DEL CASTILLO, J.:

A claimant is entitled to be compensated reasonably and commensurately for what he or she has lost as a result of another's act or omission, and the amount of damages to be awarded shall be equivalent to what have been pleaded and adequately proven.  Should the claimant fail to prove with exactitude the extent of injury he or she sustained, the court will still allow redress if it finds that the claimant has suffered due to another's fault

In this petition for review on certiorari, petitioner Adrian Wilson International Associates, Inc. (AWIA) assails the Decision[1] of the Court of Appeals (CA) dated August 14, 2003 in CA-G.R. CV No. 49272 which affirmed with modification the Decision[2] of the Regional Trial Court (RTC) of Makati City, Branch 150 by further ordering AWIA to pay to respondent TMX Philippines, Inc. (TMX) the amount of P1,546,084.00 representing the reimbursement of salaries of TMX's employees.  AWIA now pleads that we reinstate the RTC Decision or reduce the amount of actual damages representing the reimbursement of the salaries of the TMX employees.

Factual Antecedents

TMX engaged the services of AWIA for the construction of its watch assembly plant located in the EPZA[3]-run Mactan Export Processing Zone in Cebu (composed of twin modules and another separately designed module).[4]  Their Agreement[5] dated December 29, 1978 provided that AWIA would provide basic and detailed architectural designs, plans, and specifications, as well as structural, mechanical, and electrical engineering services.

Specifically, one of AWIA's duties was construction administration, i.e., to guard TMX from defects and deficiencies during the construction phase by determining the progress and quality of the work of the general contractor, P.G. Dakay Construction Company (P.G. Dakay).  This is to ensure that this contractor works in accordance with the directed specifications.

Construction began in 1979 and was completed in 1980.  After five years, however, TMX noticed numerous cracks and beam deflections (vertical shifting)[6] along the roof girders and beams in columns B, C, F, and G of the twin modules.  TMX, opining that the problem may have been due to design errors, informed AWIA of the situation.

In its report dated April 24, 1985,[7] AWIA, thru its project manager Anthony  R. Stoner,  maintained that its structural roof design of  the building was correct and that the building was not in danger of collapsing.

AWIA attributed the existing cracks along column line G to the marginal strength of the concrete that was poured during a heavy rainfall on July 18, 1979. This was based on a construction report dated July 19, 1979, furnished to TMX, of TMXP 2 Project Inspector/AWIA site representative Engr. Gavino Lacanilao (Engr. Lacanilao).[8]  In his report, Engr. Lacanilao narrated that the night before, the concrete pouring operations on lines F and G of Bays 11-16, Section C of TMX's main building were temporarily suspended due to the following mistakes committed by the contractor in the pouring of concrete: a) the presence of rainwater that diluted the concrete; b) the failure to apply grout as a binder, and c) the use of concrete that was mixed for more than 45 minutes.  To AWIA, these mistakes had cost the quality of the roof's concrete strength.  AWIA thus suggested measures to correct the roof problem, one of them being the installation of a lally column using steel pipe sections.

TMX also sought the opinion of two architectural consultancy firms, the Fletcher-Thompson, Inc. (Fletcher-Thompson) and C.N. Ramientos and Associates.  Both concluded that the cracks and displacements of the roof's structural system were due to AWIA's errors in the design calculations and in the factoring of live and dead load and concrete strengths.[9]

Similar to the suggestion of AWIA, Fletcher-Thompson recommended the installation of lally columns.  Thus, as preventive and corrective measure, TMX shored up the beams and girders with 118 steel lally columns in all the buildings' modules.

The major construction work was done in December 1985, during which TMX was forced to stop its operations from December 1-18, 1985, putting its employees on forced leave with pay.  All in all, TMX spent P3,931,583.00,[10] i.e., P2,385,499.00 for shoring expenses,[11] and P1,546,084.00, representing wages of its employees for the period December 1-18, 1985.[12]

Laying the blame on AWIA for the roof defects, TMX sought reimbursement of everything it had spent for the corrective work by suing AWIA for damages before the RTC of Makati.  The case was docketed as Civil Case No. 16587 and raffled to Branch 150.[13]

In its Answer, AWIA insisted on the correctness of its design and that the same was approved by TMX.  It stressed that it faithfully complied with its obligation of administering the construction contract and was not responsible for whatever mistakes the contractor made.  According to AWIA, TMX has its own staff who supervised the construction and to whom AWIA's inspectors submitted their reports.  Conversely, AWIA blamed TMX for the cracks, alleging that the latter's supervising staff ignored the July 19, 1979 construction report of Engr. Lacanilao[14] and that TMX refused to conduct an in-place testing of the concrete.  Defending itself against the monetary claims of TMX, AWIA averred that the latter overreacted when it installed 118 lally columns, instead of only 11 columns as recommended by Fletcher-Thompson.[15]

Ruling of the Regional Trial Court

 After weighing the evidence submitted by the parties, the trial court noted that TMX apparently was satisfied with AWIA's services because after the completion of the Mactan assembly plant in 1980, TMX rehired AWIA four years later for the design of two more separate extensions of the building. All of AWIA's documents, designs, drawings, plans and specifications of the building were subject to TMX and its parent company's approval, which both relayed their comments and instructions to AWIA.  During the construction phase, TMX had its own engineering team which actively participated in the project.  The trial court concluded that AWIA complied faithfully with its obligations in all phases indicated in the Agreement.[16]

The court a quo found that only 11 shoring columns on the roof girders were necessary to remedy the cracks and deflections in lines B and G, and thus reduced the shoring expenses AWIA incurred on a pro-rate basis.  It was also noted that the defects were not solely attributable to AWIA, because TMX ignored Engr. Lacanilao's July 19, 1979 construction report on the pouring of diluted concrete. Thus:

This Court finds that there was no necessity at all for plaintiff TMX to have installed 118 shoring columns all over its building.  Except for the bare allegation of TMX president Rogelio Lim that this was done upon the recommendation of Engr. Ramientos and its U.S.-based consultant Fletcher-Thompson, plaintiff has not shown that it was necessary to put up more than one hundred columns at all beam intersections with sophisticated designs using expensive materials.  Admittedly, cracks and deflections appeared in some beams and roof girders after five (5) years from the building's completion.  The subject building or any part thereof has not collapsed nor has ever fallen down.  As a matter of fact, it was plaintiff's own consultant Fletcher-Thompson in its Beam Deflection Check (Exhibits "5" to "5-J") who recommended the installation of eleven (11) shoring columns on the roof girders which had failures (T.S.N., July 3, 1990, pp. 27-34).  Even plaintiff's complaint mentions cracks and deflections only on column lines B and G. To allow plaintiff reimbursement for putting up 118 columns all over the building would unduly favor plaintiff TMX. Only eleven (11) columns would have been necessary to correct the crackings and deflections in column lines B and G.  Any excess of that would be considered as a renovation or added improvement of which the defendant should not be made to shoulder.

Thus, the defendant should reimburse TMX only for eleven (11) shoring columns as its just and equitable share in the expenses incurred by plaintiff.  Taking the ratio of 11 and 118 columns and applying the same to the total amount of P2,385,499.00, the expenses for installing 11 columns would be P222,377.00.

As regards the claim for reimbursement of P1,546,084.00 representing the salaries and wages that plaintiff allegedly paid its employees during the work stoppage from December 1 to 18, 1985, the same should be denied.

As testified by defendant's witness, Engineer Labrador, it was agreed that the 11 shoring columns will be put up late December since admittedly the last two (2) weeks of December up to the first week of January was plaintiff's scheduled production shutdown as its employees usually go on vacation during those days. Moreover, it is observed that plaintiff failed to present during the hearing of this case the pertinent payroll documents to substantiate its claim.  What it produced were only computer printouts of the salaries allegedly paid to its employees for the period in question.

x x x x[17]

The dispositive portion of the trial court's Decision reads:

WHEREFORE, the Court hereby renders judgment as follows:
  1. Defendant is ordered to pay plaintiff TMX the amount of P222,377.00 as compensatory damages;
  2. Defendant is ordered to pay P80,000.00 to plaintiff TMX as attorney's fees and litigation expenses;
  3. The complaint of plaintiff EPZA against defendant is DISMISSED.
  4. The counterclaim of defendant is DISMISSED.
SO ORDERED.[18]

Both parties appealed to the CA but AWIA later withdrew its appeal leaving TMX to contest the judgment of the trial court.

Ruling of the Court of Appeals

 The CA agreed with the RTC that AWIA is responsible for the payment of only 11 shoring columns.  However, the CA differed as to the RTC's finding that AWIA completely abided by its obligations.  To the CA, AWIA failed to promptly and adequately notify its principal of the quality and progress of the work, including the defects and deficiencies in the construction and a determination of how these will be rectified by the contractor.  It said:

To excuse AWIA from any liability for the contractor's failure to carry out the work in accordance with the contract documents, it is required, under their Agreement, to "have kept the OWNER currently and adequately informed in writing of the progress and quality of the work."  In the case at bar, We hold that the written report given by AWIA to TMX of the incident could not be the proper notice contemplated in the Agreement.  Notably, the report merely contains statements and account of events that transpired during such pouring operations.  It did not contain any warning or recommendation as to put TMX on notice that something has to be done.  Nor did it inform TMX that said incident threatened the strength of concrete or structural integrity of the roof.  For this, AWIA is liable. x x x[19]

The CA further modified the RTC's Decision by ordering AWIA to reimburse TMX the amount of P1,546,084.00 representing the salaries TMX had paid to its employees during the involuntary work stoppage.  The appellate court found the check vouchers and financial schedule of payments as sufficient proofs.

Issues

Hence, AWIA filed this Petition for Review on Certiorari,[20] raising the following issues: a) whether AWIA properly discharged its duty as construction administrator and b) whether there is a valid basis for the reimbursement of the salaries paid to the employees of TMX.

Petitioner's Arguments

 AWIA's arguments are summed up as follows:

a) It complied with its obligation to keep TMX adequately informed about the progress and quality of the work of the contractor.  Engr. Lacanilao, AWIA's site representative, even delayed the pouring of the concrete and rejected the concrete that had been mixed for more than 45 minutes during the July 18, 1979 incident.  These actions were immediately reported to TMX the following day.  TMX's staff of engineers however found no cause for alarm to take remedial measures after being informed.  On the contrary, TMX accepted the work done on the building without objections and considered Engr. Lacanilao's report as sufficient compliance with AWIA's responsibility of submitting a report.

b) Assuming that AWIA failed to keep TMX adequately informed of the ill-effects of the July 18, 1979 incident, still, AWIA cannot be held liable for all the salaries allegedly paid to TMX employees during December, 1985.  The factory shutdown for the whole month of December cannot be solely attributed to AWIA's inadequate reporting of weak cement mixture, but was also due to TMX's decision to install 118 permanent shoring columns instead of only 11 columns as recommended by Fletcher-Thompson.

Moreover, AWIA contends that TMX failed to prove its claim of payment of alleged salaries during the shutdown period because the pieces of evidence it presented are mere summaries of salaries paid and vouchers for checks deposited in a bank for the alleged salaries.  There are no proofs that TMX employees actually received their salaries during said shutdown period.  And even if it could be held responsible for reimbursing the employees' salaries, AWIA claims that it should not be held liable for the TMX employees' salaries during the entire period of installation.  Had only 11 columns been installed, the period of shutdown due to remedial work would have been shorter.  AWIA thus asks for a reduction of the award, computed at a formula used by the trial court as basis for awarding TMX the cost of installing only 11 columns. Hence, the salary should be computed at 11/118 of P1,546,084.00, or P144,210.37.

Respondent's Arguments

On the other hand, TMX maintains that:

a) AWIA can no longer challenge the finding of the RTC and the CA of its liability.  The fact that the trial court ordered the payment of the costs of the 11 columns is an implicit recognition that AWIA was responsible for the roof damage.  AWIA did not appeal this judgment and thus this decision had become final and executory. At most, AWIA can only challenge the CA Decision insofar as the additional award of reimbursement of the employees' salaries is concerned.

b) The CA was correct in its finding that AWIA breached the Agreement. The report of Engr. Lacanilao had misled TMX into believing that no problem existed and that nothing was to be rectified when it was AWIA's duty under the Agreement to notify and promptly alert TMX of remedial measures that must be taken when there are defects in the work of the contractor.

c) The breach warrants a full reimbursement of salaries TMX claims.  AWIA cannot use as defense the adequacy of Engr. Lacanilao's report when this contradicts its own answer to the complaint, stating therein that the cause of the roof failure was the "marginal strength of the concrete during a rainfall."  The construction and repair of certain portions of the roof system forced TMX to undergo work stoppage and pay its employees wages during the repair period, the ultimate cause of which was AWIA's failure to warn TMX of the possible consequences of the July 18, 1979 incident.  Furthermore, the pieces of documentary evidence TMX submitted to support a claim of reimbursement, which included the names of employees, their gross pay and deductions, were never contested during the trial and were appreciated by the CA. The evidence, coupled by the testimony of TMX President Rogelio Lim that the amounts stated in the documents were actually paid to the employees, constituted competent and admissible evidence.

TMX also contends that it was baseless and speculative for AWIA to assume that the time necessary to install 11 columns would not require a period of two weeks, considering that the construction work for installing permanent shoring columns was disruptive.  Certain factors, such as pre-installation activities (e.g. careful individual packing of hundreds of TMX's sensitive equipment and materials necessary for watch-making and the painstaking excavation of areas where the new columns were to be attached, which may take long depending on the difficulty and the location), and faster pace of work as time progresses, should be taken into account.  Nonetheless, for TMX, AWIA's proposed computation of 11/118 multiplied by the amount of salaries claimed was erroneous, because AWIA assumed that all the 118 columns had been installed from December 1-18, 1995, when the installation was completed in four weeks.  Even if it would be assumed that AWIA's mathematical formula was correct, and assuming that half of the 118 columns were installed from December 1-18, 1995, the proper calculation should be 11/50 multiplied by P1,546,084.00, or P288,253.00.

Our Ruling

AWIA failed in its duty to guard TMX
against the contractor's work deficiencies


AWIA persistently faults TMX for its alleged neglect of Engr. Lacanilao's report.  But according to the parties' Agreement, the duty of alerting TMX of the problems in the construction of the building behooves entirely on AWIA.  The following provisions in the December 29, 1978 Agreement state what AWIA's specific responsibilities are in contract administration:

CONSTRUCTION PHASE - ADMINISTRATION OF THE CONSTRUCTION CONTRACT

x x x x

1.1.14.  The CONSULTANT, shall make periodic and regular visits to the site to determine the progress and quality of the Work and to determine if the Work is proceeding in accordance with the Contract Documents.  On the basis of his on-site observations as a CONSULTANT, he shall guard the owner against, and shall promptly notify the OWNER in writing of, defects and deficiencies in the Work of the Contractor and non-compliance with the Contract Documents.  The CONSULTANT shall be required to make such on-site inspections as may be reasonably determined by the OWNER to be necessary.  Provided that the CONSULTANT shall have kept the OWNER currently and adequately informed in writing of the progress and quality of the work, the CONSULTANT shall not be responsible for construction means, methods, techniques, sequences or procedures, or for safety precautions in connection with the Work, and he shall not be responsible for the Contractor's failure to carry out the Work in accordance with the Contract Documents.

1.1.15  Based on such observations at the site and on the Contractor's Applications for Payment, the CONSULTANT shall determine the amount owing to the Contractor and shall issue Certificates for Payment in such amounts.  The issuance of a Certificate for Payment shall constitute a representation by the CONSULTANT to the OWNER, based on the CONSULTANT's observations at the site as provided in Subparagraph 1.1.14 and on the data comprising the Application for Payment, that the Work has progressed to the point indicated; that to the best of the CONSULTANT's knowledge, information and belief, the quality of the Work is in accordance with the Contract Documents (subject to an evaluation of the Work for conformance with the Contract Documents upon Substantial Completion to the results of any subsequent tests required by the Contract Documents, to minor deviations from the Contract Documents correctable prior to completion, and to any specific qualifications stated in the Certificate for Payment); and that the Contractor is entitled to payment in the amount certified.  By issuing a Certificate for Payment, the CONSULTANT shall not be deemed to represent that he has made any examination to ascertain how and for what purpose the Contractor has used the moneys paid on account of the Contract Sum.

1.1.16  The CONSULTANT shall be, in the first instance, the interpreter of the requirements of the Contract Documents and the impartial judge of the performance thereunder by the Contractor.  The CONSULTANT shall make decisions on all claims of the Contractor relating to the execution and progress of the Work and all other matters or questions related thereto.

1.1.17  The CONSULTANT shall have authority to reject Work which does not conform to the Contract Documents.  Whenever, in his reasonable opinion, he considers it necessary or advisable to insure the proper implementation of the intent of the Contract Documents, he will have authority, with the OWNER's approval, to require special inspection or testing of any Work in accordance with the provisions of the Contract Documents whether or not such Work be then fabricated, installed or completed.

x x x x

1.1.20 The CONSULTANT shall conduct inspections to determine the Dates of Substantial Completion and final completion, shall receive and review written guarantees and related documents assembled by the Contractor, and shall issue a final Certificate for Payment.  The CONSULTANT shall use its best efforts to enforce warranties and guarantees furnished by the Contractor or by suppliers of materials or equipment to the extent of assisting OWNER in any arbitration or court action if necessary.

1.1.21 The CONSULTANT shall not be responsible for the acts or omissions of the Contractor, or any Subcontractors, or any of the Contractor's or Subcontractor's agents or employees, or any other persons performing any of the Work but will promptly inform OWNER thereof in writing and determine how such acts or omissions will be rectified by the Contractor prior to issuing a final Certificate of Payment.

x x x x[21]

As can be inferred from the contract, TMX could solely and absolutely rely on the assessments and recommendations of AWIA. Under the aforementioned provisions, AWIA was tasked to guard TMX against construction problems and to ensure the quality of P.G. Dakay's performance.  It also had the authority to approve or reject the contractor's work, and it could issue certificates of payments for the progress billings of the contractor only if it found the latter's job as covered by each of the billings satisfactory.  Thus, it is irrelevant whether TMX has its own engineering staff to evaluate the reports about the construction work.  Taking together Sections 1.1.14 and 1.1.21, AWIA is not liable for the contractor's construction errors on the following conditions: a) that it promptly and adequately informs TMX of whatever defects and deficiencies in the construction are and b) that it determines how these problems could be repaired.  AWIA should not release a final certification of payment in favor of the contractor unless these had been done.

The July 19, 1979 report[22] of Engr. Lacanilao is quoted below:

TO MR. ROGELIO Q. LIM
FROM GAVINO S. LACANILAO
DATE 19 JULY 1979

TMXP 2, General Manager                           TMXP 2, Project Inspector

SUBJECT HEAVY RAINS DURING THE POURING

Last night at 22:45 hours while we were continuously pouring (Monolythic Concreting) on lines F and G of Bays 11 to 16 Section C of Main Building a signal for heavy rains coming was noted, so all the personnel involved in the pouring covered the newly poured concrete with polyethylene (Plastic) sheets to protect from the rain.  When the rain started the newly poured concrete were protected.

During the heavy rain the pouring was temporarily suspended.  Since I was the only one who has a rain coat, I inspected the whole top area and found out that rain water accumulated which was approximately thirteen (13) inches deep, because the water line was just below one (1) inch of my rubber boots.

So I removed all the temporary plugs of the C.I. downspouts to prevent accumulated rain water from destruction, and that was the only time that the water dispersed little by little.

When the rain stopped, Engineers Ramon Aseniero and E. Gahi told me that they will continue the pouring.  I advised that they must first remove the water on top of both the plastic sheets and the newly poured concrete so that the concrete to be poured will not be diluted.

While men working between bays 15 and 16 were busy applying air pressure on the surface of the fresh concrete with water and the forms to be poured, I suddenly saw the contents in the bucket of one of the overhead cranes was about to be poured out on the newly poured concrete.  So I ran and told Engr. E. Gahi why he is already pouring the concrete in the bucket while the rain water is still there?  And Engr. Gahi told me that he was just following the order of Mr. John Y. Lim who just arrived and without assessing the situation and asking my decision being the inspector of the project.

So I approached Mr. Lim and asked him why he gave the order of pouring the concrete?  He told me right away and pointing at the stopped poured concrete is already sitting.  So I told him that if he continue [sic] pouring the concrete, I will go out of the construction site or I will not certify the said area.  That was the time our argument stopped.

The following are my reasons why I delay the pouring:

*The poured concrete before the rain was with standing water.

*All the forms to be concreted were covered with water.

Note: If they will pour concrete on the above reasons, the mixed concrete will be diluted too much with water that it will lessen the strength of the roofing slab.

*They were pouring the concrete without first applying grout to act as binder on the surface of the washed concrete.

*They [sic] concrete they were trying to pour was already more than 45 minutes in the mixer, because the rain stopped at 01:15 hrs of July 20, 1979.

Specification manual page 02800-6 Section 1.04.04 truck mixing second to the last paragraph says:
"Concrete not in place within 45 minutes from the time the ingredients were charged into the mixing drum or that has developed initial sitting should not be used. No  exemption. So I rejected the two (2) batches."

Respectfully,

(Signed) G.S. LACANILAO
TMXP 2, Project Inspector

The subject report is merely a narration of what Engr. Lacanilao had done and the justifications why he delayed the pouring of concrete and why he rejected two batches of concrete mix.  Engr. Lacanilao explained that P.G. Dakay's representative did not proceed with the pouring of the substandard concrete mix, after he was informed that he (Engr. Lacanilao) would not certify the area.  TMX then was led to believe that this incident was no cause for alarm since apparently, Engr. Lacanilao had prevented a possible problem. The report did not in any way warn TMX that the quality of the roof may be in jeopardy and that it had to be rectified. AWIA even approved all of P.G. Dakay's progress billings and issued a final certification of payment, an assurance that it found no problems at all with the construction work.  Ironically though, when the cracks and deflections in certain sections of the roof had appeared, AWIA cited the marginal strength of the concrete as a result of the July 18, 1979 incident as the most probable cause of the cracks in TMX's roof.

AWIA's failure to adequately inform TMX of the possible implications of the contractor's mistake in the concrete pouring was a crucial factor that had cost the former to spend for the repairs.

AWIA breached its responsibility to inform TMX
of the contractor's mistake. TMX may demand
for damages duly proven as a natural consequence
of the roof failures it has suffered.  If the amount
it claims cannot be proven with certainty, temperate
damages may be awarded instead. 


 In contracts and quasi-contracts, the damages for which the obligor who acted in good faith is liable shall be those that are the `natural and probable consequences of the breach of the obligation'.[23]

Both the trial court and the CA held AWIA liable for the cost of 11 shoring columns.  AWIA no longer challenged this ruling when it withdrew its appeal to the appellate court, rendering the judgment final and executory.[24]  We also found that AWIA had breached its duty of contract administration.  Had the effects on the marginal strength of the concrete been promptly disclosed to TMX, the cracks and deflections could have been rectified by the contractor before it was issued its final certification of payment and the owner could have been spared from further expenses.  There is a causal connection between AWIA's negligence and the expenses incurred by TMX.  The latter was compelled to shutdown the plant during the workdays in December to repair the roof.  In the process, it incurred expenses for the repairs, including the salaries of its workers who were put on forced leave, for which it can ask for reimbursement as actual damages.

Actual damages puts the claimant in the position in which he had been before he was injured. The award thereof must be based on the evidence presented, not on the personal knowledge of the court; and certainly not on flimsy, remote, speculative and nonsubstantial proof.[25]  Under the Civil Code, one is entitled to an adequate compensation only for such pecuniary loss suffered by him as he has duly proved.[26]

After an exhaustive perusal of the records pertaining to the claim of the salaries covering December 1-18, 1985 allegedly paid to TMX employees, we find that TMX's pieces of evidence do not substantiate such plea for the full reimbursement of the salaries.  To prove that salaries have been paid, TMX has the burden to show that payments have actually been made to its employees.  However, the documents it submitted were composed only of a master list of daily and monthly paid employees, summarized and itemized lists and computations of payroll costs during the covered period of shoring installation, salary structures, and vouchers prepared by the accounting department. These pieces of evidence, as well as the bare assertion of the TMX President, do not show a reasonable degree of certainty of actual payment to and actual receipt by its workers but only reflect the list of disbursements.  No other witnesses who could corroborate the actual payment of the salaries of the employees during the shutdown period were presented. Vouchers are not receipts.  A receipt is a written and signed acknowledgment that money has been received or goods have been delivered, while a voucher is documentary record of a business transaction.[27]  Hence, the RTC correctly preferred the payroll documents (which contain the signatures of employees), implying that these are the primary/best evidence of payment, or "that which [afford] the greatest certainty of the fact in question".[28]

While TMX failed to prove the exact amount of the salaries it had paid, we however acknowledge that TMX had to pay its employees during the shutdown and had suffered pecuniary loss for the structural problem.  Moreover, we concede to AWIA's stance that the installation of only 11 shoring columns, instead of 118, would significantly reduce the number of days allotted for the repairs.  As a matter of equity, therefore, a relief to TMX in the form of temperate damages[29] is warranted.  We find the amount of P500,000.00 reasonable and sufficient under the circumstances.

WHEREFORE, the instant petition is PARTIALLY GRANTED.  The Decision of the Court of Appeals in CA-G.R. CV No. 49272 is AFFIRMED with the MODIFICATION that the award of P1,546,084.00 as part of actual damages is deleted, and in lieu thereof, temperate damages amounting to P500,000.00 are awarded.  Costs against AWIA.

SO ORDERED.

Corona, C.J., (Chairperson), Velasco, Jr.,Leonardo-De Castro, and Perez, JJ., cioncur.

Endnotes:


[1] Rollo, pp. 7-25; penned by Associate Justice Ruben T. Reyes and concurred in by Associate Justices Jose L. Sabio, Jr. and Hakim S. Abdulwahid.

[2] Id. at 117-118; penned by Judge Erna Falloran Aliposa.

[3] EPZA stands for Export Processing Zone Authority.

[4] Two of the buildings, called `twin modules,' are of the same design for watch assembly and office spaces, while the other one is differently designed to be used as a warehouse.

[5] Rollo, pp. 84-100.

[6] Id. at 56-59, 71-79.

[7] Id. at 428-430.

[8] Records, pp. 499-500.

[9] RTC Exhibits, pp. 44-47 and Records, pp. 181-182.  Fletcher-Thompson, Inc. enumerated the following errors:

  1. Superimposed dead load used in the calculations was less than that actually imposed on the structure.

  2. Load distribution from roof beams to roof girders was erroneously assumed to be a uniform loading in lieu of a correct concentrated load distribution.

  3. Load redistribution caused by stiffness variations in the structural system was not accounted for.

  4. Allowable stresses were calculated assuming the concrete would attain a compressive strength of 5,000 psi in 28 days whereas the project specifications call for a strength attainment of 4,000 psi in 28 days.

  5. A live load of 20 psi, as used in the calculations, is not consistent with the drainage system. This live load assumption would be valid only if the roof drainage system would limit rainwater accumulations to 3.85 inches.  x x x


On the other hand, Engr. Capistrano Ramientos of C.N. Ramientos and Associates enumerated the following errors:

  1. A. Wilson's structural engineers failed to factor in all live and deadloads in their computations/designs which A. Wilson's own architects, mechanical and electrical engineers had designed into the three buildings.  This resulted in A. Wilson's structural designs/computations being engineered for load of 95 lbs/square foot, which is 23.70% lower than the correct/actual load of 117.50 per lb/square foot.

  2. A. Wilson made a mistake in assuming the loads to be distributed uniformly throughout the length of girders when, in fact, the loads were actually a combination of concentrated and distributed loads in the girders.  This resulted in A. Wilson's underestimating the girder's bending moment by 14.38% or fully 95,546 lbs-foot.

  3. A. Wilson forgot to take into account the effect of rib-shortening due to post-tensioning of beams and girders.  This resulted in A. Wilson mistakenly believing that no additional loads/stress had to be considered in its design, when actually there was an incremental load/stress resulting from rib-shortening of no less than an additional 47,828 lbs load/stress on each Beam-Girder intersection of the ridge girders (lines B and G).


The combined effect of errors 1 to 3 above resulted in A. Wilson underestimating the actual total load in each of the ridge girders (lines B and G) of the 3 buildings by 97.6%.  This resulted in A. Wilson mistakenly designing girders for a maximum bending moment or load of only 664,044 foot-pounds when the actual bending moment or load is 1,312,360 foot pounds, 97.6% more (or almost 100% or double) A. Wilson's computation.

A. Wilson failed to considered [sic] that 5,000 psi concrete strength is not normally achievable in Cebu using Cebu aggregates.

x x x x

[10] Exhibit "H", folder of exhibits, p. 88.

[11] Folder of exhibits, pp. 89-391.

[12] Id. at 408-427.

[13] EPZA was a co-plaintiff in the case, but for lack of cause of action, the court eventually dismissed its complaint against AWIA.

[14] Rollo, pp. 129-130.

[15] Records, pp. 504-515.

[16] The December 29, 1978 Agreement specified the duties of AWIA during the Schematic Design Phase, the Design Development Phase, the Construction Documents Phase, the Bidding or Negotiation Phase, and the Construction Phase-Administration of the Construction Contract.

[17] Rollo, p. 127.

[18] Id. at 128.

[19] Id. at 68-69.

[20] TMX likewise elevated the case before us, docketed as G.R. No. 159580, but we denied its petition on October 22, 2003 for want of reversible error.

[21] Rollo, pp. 87-89.

[22] Records, pp. 504-515.

[23] Civil Code, Article 2201.  In contracts and quasi-contracts, the damages for which the obligor who acted in good faith is liable shall be those that are the natural and probable consequences of the breach of the obligation, and which the parties have foreseen or could have reasonably foreseen at the time the obligation was constituted.

[24] Development Bank of the Philippines v. Pingol Land Transport System Company, Inc., 465 Phil. 641, 650 (2004).

[25] Spouses Ong v. Court of Appeals, 361 Phil. 338, 353 (1999).

[26] CIVIL CODE, Art. 2199.  Except as provided by law or by stipulation, one is entitled to an adequate compensation only for such pecuniary loss suffered by him as he has duly proved. Such compensation is referred to as actual or compensatory damages.

[27] Towne and City Development Corporation v. Court of Appeals, 478 Phil. 466, 475 (2004).

[28] Philippine National Bank v. Court of Appeals, 326 Phil. 326, 337 (1996).

[29] CIVIL CODE, Article 2224. Temperate or moderate damages, which are more than nominal but less than compensatory damages, may be recovered when the court finds that some pecuniary loss has been suffered but its amount cannot, from the nature of the case, be provided with certainty.




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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