Philippine Supreme Court Jurisprudence


Philippine Supreme Court Jurisprudence > Year 2010 > October 2010 Decisions > G.R. No. 170073 : October 18, 2010 SPOUSES RAMY and ZENAIDA PUDADERA, Petitioners, v. IRENEO MAGALLANES and the late DAISY TERESA CORTEL MAGALLANES substituted by her children, NELLY M. MARQUEZ, ELISEO MAGALLANES and ANGEL MAGALLANES, Respondents.cralaw:





 

FIRST DIVISION

G.R. No. 170073 : October 18, 2010

SPOUSES RAMY and ZENAIDA PUDADERA, Petitioners, v. IRENEO MAGALLANES and the late DAISY TERESA CORTEL MAGALLANES substituted by her children, NELLY M. MARQUEZ, ELISEO MAGALLANES and ANGEL MAGALLANES, Respondents.cralaw

D E C I S I O N

DEL CASTILLO, J.:

One is considered a buyer in bad faith not only when he purchases real estate with knowledge of a defect or lack of title in his seller but also when he has knowledge of facts which should have alerted him to conduct further inquiry or investigation.

This Petition for Review on Certiorari seeks to reverse and set aside the Court of Appeals (CAs) June 6, 2005 Decision1cra1aw in CA-G.R. CV No. 55850, which affirmed the September 3, 1996 Decision2cra1aw of the Regional Trial Court (RTC) of Iloilo City, Branch 39 in Civil Case No. 22234. Likewise assailed is the September 20, 2005 Resolution3cra1aw denying petitioners motion for reconsideration.

Factual Antecedents

Belen Consing Lazaro (Lazaro) was the absolute owner of a parcel of land, Lot 11-E, with an area of 5,333 square meters (sq. m.) located in the District of Arevalo, Iloilo City and covered by Transfer Certificate of Title (TCT) No. T-51250. On March 13, 1979, Lazaro sold a 400 sq. m. portion of Lot 11-E to Daisy Teresa Cortel Magallanes (Magallanes) for the sum of P22,000.00 under a "Contract To Sale"4cra1aw [sic] payable in two years. On July 21, 1980, upon full payment of the monthly installments, Lazaro executed a "Deed of Definite Sale"5cra1aw in favor of Magallanes. Thereafter, Magallanes had the lot fenced and had a nipa hut constructed thereon.

The other portions of Lot 11-E were, likewise, sold by Lazaro to several buyers, namely, Elizabeth Norada, Jose Macaluda, Jose Melocoton, Nonilon Esteya, Angeles Palma, Medina Anduyan, Evangelina Anas and Mario Gonzales.6cra1aw On July 14, 1980, Lazaro executed a "Partition Agreement"7cra1aw in favor of Magallanes and the aforesaid buyers delineating the portions to be owned by each buyer. Under this agreement, Magallanes and Mario Gonzales were assigned an 800 sq. m. portion of Lot 11-E, with each owning 400 sq. m. thereof, denominated as Lot No. 11-E-8 in a Subdivision Plan8cra1aw which was approved by the Director of Lands on August 25, 1980.

It appears that the "Partition Agreement" became the subject of legal disputes because Lazaro refused to turn over the mother title, TCT No. T-51250, of Lot 11-E to the aforesaid buyers, thus, preventing them from titling in their names the subdivided portions thereof. Consequently, Magallanes, along with the other buyers, filed an adverse claim with the Register of Deeds of Ilolilo City which was annotated at the back of TCT No. T-51250 on April 29, 1981.9cra1aw Thereafter, Magallanes and Gonzales filed a motion to surrender title in Cadastral Case No. 9741 with the then Court of First Instance of Iloilo City, Branch 1 and caused the annotation of a notice of lis pendens at the back of TCT No. T-51250 on October 22, 1981.10chanroblesvirtuallawlibrary

On November 23, 1981, Lazaro sold Lot 11-E-8, i.e., the lot previously assigned to Magallanes and Mario Gonzales under the aforesaid "Partition Agreement," to her niece, Lynn Lazaro, and the latters husband, Rogelio Natividad (Spouses Natividad), for the sum of P8,000.00.11cra1aw As a result, a new title, TCT No. T-58606,12cra1aw was issued in the name of Spouses Natividad. Due to this development, Magallanes pursued her claims against Spouses Natividad by filing a civil case for specific performance, injunction and damages. On September 2, 1983, Magallanes caused the annotation of a notice of lis pendens at the back of TCT No. T-58606.13cra1aw Subsequently, Spouses Natividad subdivided Lot 11-E-8 into two, Lot 11-E-8-A and Lot 11-E-8-B, each containing 400 sq. m.

The civil case filed by Magallanes was later dismissed by the trial court for lack of jurisdiction as per an Order dated September 16, 1985 which was inscribed at the back of TCT No. T-58606 on July 7, 1986.14cra1aw Four days prior to this inscription or on July 3, 1986, Spouses Natividad sold Lot 11-E-8-A (subject lot) to petitioner Ramy Pudadera (who later married petitioner Zenaida Pudadera on July 31, 1989) as evidenced by a "Deed of Sale"15cra1aw for the sum of P25,000.00. As a consequence, a new title, TCT No. 72734,16cra1aw was issued in the name of the latter.

Sometime thereafter Magallanes caused the construction of two houses of strong materials on the subject lot. On April 20, 1990, petitioners filed an action for forcible entry against Magallanes with the Municipal Trial Court in Cities of Iloilo City, Branch 2. On July 17, 1991, the trial court dismissed the action.17cra1aw It held that Magallanes was first in possession of the subject lot by virtue of the "Deed of Definite Sale" dated July 21, 1980 between Lazaro and Magallanes. After the aforesaid sale, Magallanes filled the lot with soil; put up a fence; and built a small hut thereon. On the other hand, the trial court found that when petitioner Ramy Pudadera bought the subject lot from Spouses Natividad on July 3, 1986, the former had notice that someone else was already in possession of the subject lot.

Having failed to recover the possession of the subject lot through the aforesaid forcible entry case, petitioners commenced the subject action for Recovery of Ownership, Quieting of Title and Damages against Magallanes and her husband, Ireneo, in a Complaint18cra1aw dated February 25, 1995. Petitioners alleged that they are the absolute owners of Lot 11-E-8-A as evidenced by TCT No. T-72734; that Magallanes is also claiming the said lot as per a "Deed of Definite Sale" dated July 21, 1980; that the lot claimed by Magallanes is different from Lot 11-E-8-A; and that Magallanes constructed, without the consent of petitioners, several houses on said lot. They prayed that they be declared the rightful owners of Lot 11-E-8-A and that Magallanes be ordered to pay damages.

In her Answer,19cra1aw Magallanes countered that she is the absolute lawful owner of Lot 11-E-8-A; that Lot 11-E-8-A belongs to her while Lot 11-E-8-B belongs to Mario Gonzales; that petitioners had prior knowledge of the sale between her and Lazaro; that she enclosed Lot 11-E-8-A with a fence, constructed a house and caused soil fillings on said lot which petitioners were aware of; and that she has been in actual possession of the said lot from March 11, 1979 up to the present. She prayed that TCT No. T-72734 in the name of petitioner Ramy Pudadera be cancelled and a new one be issued in her name.

During the pendency of this case, Magallanes passed away and was substituted by her heirs, herein respondents.

Ruling of the Regional Trial Court

On September 6, 1996, the trial court rendered judgment in favor of respondents, viz:chanroblesvirtualawlibrary

WHEREFORE, premises considered, judgment is hereby rendered in favor of the [respondents] and against the [petitioners]:chanroblesvirtualawlibrary

1. Declaring the [respondent] Daisy Teresa Cortel Magallanes, substituted by her heirs, Nelly M. Magallanes, Eliseo Magallanes and Angel Magallanes and Ireneo Magallanes, as the rightful owners of Lot 11-E-8-A, Psd-06-002539, which is now covered by Transfer Certificate of Title No. T-72734, still in the name of Ramy Pudadera, situated in the District of Arevalo, Iloilo City, with an area of 400 square meters more or less;

2. The [petitioners] spouses Ramy Pudadera and Zenaida Pudadera are hereby ordered to execute the necessary Deed of Reconveyance in favor of the above-named parties, namely[,] Nelly M. Magallanes, Eliseo Magallanes, x x x Angel Magallanes, and Ireneo Magallanes;

3. Ordering the [petitioners] to pay jointly and severally the [respondents] the amount of P10,000.00 as attorneys fees and the costs of the suit.

SO ORDERED.20chanroblesvirtuallawlibrary

The trial court ruled that respondents are the rightful owners of the subject lot which was sold by Lazaro to their predecessor-in-interest, Magallanes, on July 21, 1980. When Lazaro sold the subject lot for a second time to Spouses Natividad on November 23, 1981, no rights were transmitted because, by then, Magallanes was already the owner thereof. For the same reason, when Spouses Natividad subsequently sold the subject lot to petitioners on July 3, 1986, nothing was transferred to the latter.

The trial court further held that petitioners cannot be considered buyers in good faith and for value because after Magallanes bought the subject lot from Lazaro, Magallanes immediately took possession of the lot, and constructed a fence with barbed wire around the property. The presence of these structures should, thus, have alerted petitioners to the possible flaw in the title of the Spouses Natividad considering that petitioners visited the subject lot several times before purchasing the same. Neither can petitioners claim that the title of the subject lot was clean considering that a notice of lis pendens was annotated thereon in connection with a civil case that Magallanes filed against Spouses Natividad involving the subject lot. Although the notice of lis pendens was subsequently cancelled on July 7, 1986, the deed of sale between petitioners and Spouses Natividad was executed on July 3, 1986 or four days before said cancellation. Thus, petitioners had notice that the subject property was under litigation. Since respondents are the rightful owners of the subject lot, petitioners should execute a deed of conveyance in favor of the former so that a new title may be issued in the name of the respondents.

Ruling of the Court of Appeals

On June 6, 2005, the CA rendered the assailed Decision:chanroblesvirtualawlibrary

WHEREFORE, with all the foregoing, the decision of the Regional Trial Court, Branch 39, Iloilo City dated September 3, 1996 in civil case no. 22234 for Quieting of Title, Ownership and Damages is hereby AFFIRMED in toto.

All other claims and counterclaims are hereby dismissed for lack of factual and legal basis.

No pronouncement as to cost.

SO ORDERED.21chanroblesvirtuallawlibrary

In affirming the ruling of the trial court, the appellate court reasoned that under the rule on double sale what finds relevance is whether the second buyer registered the second sale in good faith, that is, without knowledge of any defect in the title of the seller. Petitioners predecessor-in-interest, Spouses Natividad, were not registrants in good faith. When Magallanes first bought the subject lot from Lazaro on July 21, 1980, Magallanes took possession of the same and had it fenced and filled with soil. This was made way ahead of the November 23, 1981 Deed of Sale between Lazaro and Spouses Natividad. With so much movement and transactions involving the subject lot and given that Lyn Lazaro-Natividad is the niece of Lazaro, the appellate court found it hard to believe that the Spouses Natividad were completely unaware of any controversy over the subject lot.

The CA, likewise, agreed with the trial court that at the time petitioners acquired the subject lot from Spouses Natividad on July 3, 1986, a notice of lis pendens was still annotated at the back of TCT No. T-58606 due to a civil case filed by Magallanes against Spouses Natividad. Although the case was subsequently dismissed by the trial court for lack of jurisdiction, the notice of lis pendens was still subsisting at the time of the sale of the subject lot between Spouses Natividad and petitioners on July 3, 1986 because the lis pendens notice was cancelled only on July 7, 1986. Consequently, petitioners cannot be considered buyers and registrants in good faith because they were aware of a flaw in the title of the Spouses Natividad prior to their purchase thereof.

Issues

1. The Court of Appeals erred in not considering the judicial admissions of Magallanes as well as the documentary evidence showing that she was claiming a different lot, Lot No. 11-E-8-B, and not Lot 11-E-8-A which is registered in the name of petitioners under TCT No. T-72734, consequently, its findings that Magallanes is the rightful owner of Lot 11-E-8-A is contrary to the evidence on record;

2. The Court of Appeals erred in applying the principle of innocent purchasers for value and in good faith to petitioners. Granting that the said principle may be applied, the Court of Appeals erred in finding that petitioners are not innocent purchasers for value;

3. The Court of Appeals erred in affirming the award of attorneys fees against the petitioners.22chanroblesvirtuallawlibrary

Petitioners Arguments

Petitioners postulate that the subject lot is different from the lot which Magallanes bought from Lazaro. As per Magallanes testimony in the ejectment case, she applied for the zoning permit for Lot 11-E-8-B and not Lot 11-E-8-A. Further, the tax declarations submitted in evidence therein showed that Magallanes paid for the real estate taxes of Lot 11-E-8-B and not Lot 11-E-8-A. Hence, there is no conflict of claims since petitioners are asserting their rights over Lot 11-E-8-A while respondents claim ownership over Lot 11-E-8-B. Moreover, assuming that there was a double sale, the same did not involve petitioners. The first sale was between Lazaro and Magallanes while the second sale was between Lazaro and Spouses Natividad. It was erroneous for the appellate court to conclude that Lyn Natividad was in bad faith simply because she is the niece of Lazaro. The Spouses Natividad were not impleaded in this case and cannot be charged as buyers in bad faith without giving them their day in court. Petitioners claim that respondents should first impugn the validity of Spouses Natividads title by proving that the latter acted in bad faith when they bought the subject lot from Lazaro. Petitioners aver that the evidence on record failed to overcome the presumption of good faith. Considering that Spouses Natividad were buyers in good faith and considering further that petitioners title was derived from Lazaro, petitioners should, likewise, be considered buyers in good faith.

Petitioners further argue that the rule on notice of lis pendens was improperly applied in this case. The trial courts order dismissing the civil case filed by Magallanes against Spouses Natividad had long become final and executory before petitioners bought the subject lot from Spouses Natividad. While it is true that the order of dismissal was annotated at the back of TCT No. T-58606 only on July 7, 1986 or four days after the sale between Spouses Natividad and petitioners, the cancellation of the notice of lis pendens was a mere formality. In legal contemplation, the notice was, at the time of the sale on July 3, 1986, ineffective. Citing Spouses Po Lam v. Court of Appeals,23cra1aw [23] petitioners contend that the then existing court order for the cancellation of the lis pendens notice at the time of the sale made them buyers in good faith.

Finally, petitioners question the award of attorneys fees in favor of respondents for lack of basis. Petitioners claim that they should be awarded damages because respondents unlawfully prevented them from taking possession of the subject lot.

Respondents Arguments

Respondents counter that they are in possession of, and claiming ownership over the subject lot, i.e., Lot 11-E-8-A, and not Lot 11-E-8-B. The claim of petitioners that the subject lot is different from what respondents assert to be lawfully theirs is, thus, misleading. The subject lot was acquired by respondents predecessor-in-interest, Magallanes, when Lazaro sold the same to Magallanes through a contract to sell in 1979 and a deed of sale in 1980 after full payment of the monthly installments.

After executing the contract to sell, Magallanes immediately took possession of the subject lot; constructed a fence with barbed wire; and filled it up with soil in preparation for the construction of concrete houses. She also built a nipa hut and stayed therein since 1979 up to her demise. Respondents emphasize that upon payment of the full purchase price under the contract to sell and the execution of the deed of sale, Magallanes undertook steps to protect her rights due to the refusal of Lazaro to surrender the mother title of the subject lot. Magallanes recorded an adverse claim at the back of the mother title of the subject lot and an initial notice of lis pendens thereon. She then filed a civil case against Lazaro, and, later on, against Lazaros successors-in-interest, Spouses Natividad, which resulted in the inscription of a notice of lis pendens on TCT No. 51250 and TCT No. T-58606. When petitioners bought the subject lot from Spouses Natividad on July 3, 1986, the said notice of lis pendens was subsisting because the court dismissal of said case was inscribed on the title only on July 7, 1986. Petitioners cannot, therefore, be considered buyers in good faith.

Our Ruling

We affirm the decision of the CA with modifications.

Petitioners and respondents are claiming ownership over the same lot.

Petitioners contend that they are claiming ownership over Lot 11-E-8-A while Magallanes claim is over Lot 11-E-8-B. Thus, there is no conflict between their claims.

The argument is specious.

It is clear that Magallanes is claiming ownership over Lot 11-E-8-A and not Lot 11-E-8-B. In her Answer to the Complaint, she alleged that she is "the absolute lawful owner of Lot 11-E-8-A."24cra1aw [24] Her act of fencing Lot 11-E-8-A and constructing two houses of strong materials thereon further evince her claim of ownership over the subject lot. Thus, in the forcible entry case which petitioners previously filed against Magallanes involving the subject lot, the trial court noted:chanroblesvirtualawlibrary

At the pre-trial conference held on June 13, 1990, both parties agreed to a relocation survey of the lot whereupon the Court commissioned the Bureau of Lands to undertake a relocation survey of the lot in question.

On October 1, 1990, the Bureau of Lands thru Engr. Filomeno P. Daflo submitted the relocation survey report with the following findings: x x x

x x x x

5. That it was ascertained in our investigation that the entire lot occupied by [Magallanes] (lot 11-E-8-A) is the very same lot claimed by the [petitioners], as pointed out by its representative.25cra1aw [25] (Emphasis supplied.)

After losing in the aforesaid forcible entry case, petitioners commenced the subject action for quieting of title and recovery of ownership over Lot 11-E-8-A. Plainly, both parties are asserting ownership over the same lot, i.e. Lot 11-E-8-A, notwithstanding the error in the entries made by Magallanes in her zoning application and tax declaration forms.

The notice of lis pendens at the back of the mother title of the subject lot was already ordered cancelled at the time of the sale of the subject lot to petitioners, hence, said notice cannot be made a basis for finding petitioners as buyers in bad faith.

A notice of lis pendens at the back of the mother title (i.e., TCT No. T-58606) of Lot 11-E-8-A was inscribed on September 2, 1983 in connection with the civil case for specific performance, injunction and damages which Magallanes filed against Spouses Natividad. This case was subsequently dismissed by the trial court for lack of jurisdiction in an Order dated September 16, 1985 which has already become final and executory as per the Certification dated June 16, 1986 issued by the Branch Clerk of Court of the RTC of Iloilo City, Branch 33.26cra1aw The aforesaid court dismissal was, however, inscribed only on July 7, 1986 or three days after the sale of the subject lot to petitioners.27chanroblesvirtuallawlibrary

Based on these established facts, petitioners correctly argue that the said notice of lis pendens cannot be made the basis for holding that they are buyers in bad faith. Indeed, at the time of the sale of the subject lot by Spouses Natividad to petitioners on July 7, 1986, the civil case filed by Magallanes against Spouses Natividad had long been dismissed for lack of jurisdiction and the said order of dismissal had become final and executory. In Spouses Po Lam v. Court of Appeals,28cra1aw the buyers similarly bought a property while a notice of lis pendens was subsisting on its title. Nonetheless, we ruled that the buyers cannot be considered in bad faith because the alleged flaw, the notice of lis pendens, was already being ordered cancelled at the time of the sale and the cancellation of the notice terminated the effects of such notice.29chanroblesvirtuallawlibrary

This notwithstanding, petitioners cannot be considered buyers in good faith because, as will be discussed hereunder, they were aware of other circumstances pointing to a possible flaw in the title of Spouses Natividad prior to the sale of the subject lot. Despite these circumstances, petitioners did not take steps to ascertain the status of the subject lot but instead proceeded with the purchase of the same.

One who buys a property with knowledge of facts which should put him upon inquiry or investigation as to a possible defect in the title of the seller acts in bad faith.cralaw

Lot 11-E-8, of which the subject lot (i.e., Lot 11-E-8-A) forms part, was sold by Lazaro to two different buyers. As narrated earlier, Lot 11-E-8 is a portion of Lot 11-E, a 5,333 sq. m. lot covered by TCT No. T-51250. Lazaro subdivided the said lot and sold portions thereof to several buyers. One of these buyers was Magallanes who purchased a 400 sq. m. portion on March 13, 1979. The metes and bounds of this lot were later delineated in a "Partition Agreement" dated July 14, 1980 executed by Lazaro in favor of the aforesaid buyers. As per this agreement, Magallanes and Mario Gonzales were assigned Lot 11-E-8 comprising 800 sq. m with each owning a 400 sq. m. portion thereof. This was the first sale involving Lot 11-E-8.

After the aforesaid sale, it appears Lazaro refused to turnover the mother title of Lot 11-E which resulted in the filing of legal suits by Magallanes and the other buyers against her (Lazaro). While these suits were pending, Lazaro sold Lot 11-E-8 to her niece Lynn and the latters husband Rogelio Natividad on November 23, 1981. Consequently, a new title, TCT No. T-58606, was issued covering Lot 11-E-8 in the name of Spouses Natividad. This was the second sale of Lot 11-E-8.

Subsequently, Spouses Natividad subdivided Lot 11-E-8 into two, i.e., Lot 11-E-8-A and Lot 11-E-8-B, with each containing 400 sq. m. On July 3, 1986, they sold Lot 11-E-8-A to petitioners. Lot 11-E-8-A is the 400 sq. m. portion of Lot 11-E-8 which Magallanes claims to be owned by her pursuant to the aforesaid "Partition Agreement" while the other half, Lot 11-E-8-B, pertains to the lot of Mario Gonzales.

The question before us, then, is who between petitioners and respondents have a better right over Lot 11-E-8-A?

Article 1544 of the Civil Code provides:chanroblesvirtualawlibrary

Art. 1544. If the same thing should have been sold to different vendees, the ownership shall be transferred to the person who may have first taken possession thereof in good faith, if it should be movable property.

Should it be immovable property, the ownership shall belong to the person acquiring it who in good faith first recorded it in the Registry of Property.

Should there be no inscription, the ownership shall pertain to the person who in good faith was first in the possession; and, in the absence thereof, to the person who presents the oldest title, provided there is good faith.

Thus, in case of a double sale of immovables, ownership shall belong to "(1) the first registrant in good faith; (2) then, the first possessor in good faith; and (3) finally, the buyer who in good faith presents the oldest title."30cra1aw However, mere registration is not enough to confer ownership. The law requires that the second buyer must have acquired and registered the immovable property in good faith. In order for the second buyer to displace the first buyer, the following must be shown: "(1) the second buyer must show that he acted in good faith (i.e., in ignorance of the first sale and of the first buyers rights) from the time of acquisition until title is transferred to him by registration or failing registration, by delivery of possession; and (2) the second buyer must show continuing good faith and innocence or lack of knowledge of the first sale until his contract ripens into full ownership through prior registration as provided by law."31chanroblesvirtuallawlibrary

One is considered a purchaser in good faith if he buys the property without notice that some other person has a right to or interest in such property and pays its fair price before he has notice of the adverse claims and interest of another person in the same property.32cra1aw Well-settled is the rule that every person dealing with registered land may safely rely on the correctness of the certificate of title issued therefor and the law will in no way oblige him to go beyond the certificate to determine the condition of the property.33cra1aw "However, this rule shall not apply when the party has actual knowledge of facts and circumstances that would impel a reasonably cautious man to make such inquiry or when the purchaser has knowledge of a defect or the lack of title in his vendor or of sufficient facts to induce a reasonably prudent man to inquire into the status of the title of the property in litigation."34cra1aw "His mere refusal to believe that such defect exists, or his willful closing of his eyes to the possibility of the existence of a defect in his vendors title will not make him an innocent purchaser for value if it later develops that the title was in fact defective, and it appears that he had such notice of the defect had he acted with that measure of precaution which may reasonably be required of a prudent man in a like situation."35chanroblesvirtuallawlibrary

In the case at bar, both the trial court and CA found that petitioners were not buyers and registrants in good faith owing to the fact that Magallanes constructed a fence and small hut on the subject lot and has been in actual physical possession since 1979. Hence, petitioners were aware or should have been aware of Magallanes prior physical possession and claim of ownership over the subject lot when they visited the lot on several occasions prior to the sale thereof. Thus, the trial court held:chanroblesvirtualawlibrary

This Court believes the version of [Magallanes], that when she bought the property from [Lazaro], she took immediate possession of the 400-square meter portion and constructed a fence [with] barbed wire surrounding the said property. She also constructed a house made of nipa, bamboo and concrete materials. This fact was even confirmed by [petitioner] Zenaida Pudadera in her testimony.

This Court cannot believe the testimony of [petitioner] Zenaida Pudadera that they were the ones who constructed the fence surrounding the 400-square meter portion, because there was already an existing fence made of bamboos and barbed wire put up by [Magallanes]. When the [petitioners] therefore, visited the land in question, several times before the purchase, particularly [petitioner] Ramy Pudadera, he must have seen the fence surrounding the property in question. He should have been curious why there was an existing fence surrounding the property? [sic] He should have asked or verified as to the status of the said property. A real estate buyer must exercise ordinary care in buying x x x real estate, especially the existence of the fence in this case which must have [alerted him to inquire] whether someone was already in possession of the property in question.36chanroblesvirtuallawlibrary

We find no sufficient reason to disturb these findings. The factual findings of the trial court are accorded great weight and respect and are even binding on this Court particularly where, as here, the findings of the trial and appellate courts concur.37cra1aw Although this rule is subject to certain exceptions, we find none obtaining in this case.

Petitioners next argue that since the second sale involves Lazaro and their predecessor-in-interest, Spouses Natividad, due process requires that Spouses Natividad should first be allowed to establish that they (Spouses Natividad) are second buyers and first registrants in good faith before any finding on petitioners own good faith can be made considering that they (petitioners) merely acquired their title from Spouses Natividad. Petitioners lament that Spouses Natividad were not impleaded in this case. Thus, the finding that petitioners acted in bad faith was improper.

The argument fails on two grounds.

First, as previously explained, the evidence duly established that petitioners were aware of facts pointing to a possible flaw in the title of Spouses Natividad when they visited the subject lot on several occasions prior to the sale. This, by itself, was sufficient basis to rule that they acted in bad faith. Stated differently, the presence or absence of good faith on the part of Spouses Natividad during the second sale involving the subject lot will not erase the bad faith of petitioners in purchasing the subject lot from Spouses Natividad.

Second, petitioners miscomprehend the right to due process. The records indicate that at no instance during the trial of this case were they prevented from presenting evidence, including the testimonies of Spouses Natividad, to support their claims. Thus, they were not denied their day in court. Petitioners seem to forget that they were the ones who filed this action to recover ownership and quiet title against Magallanes. If petitioners intended to bolster their claim of good faith by impleading the Spouses Natividad in this case, there was nothing to prevent them from doing so. Time and again, we have ruled that the burden of proof to establish the status of a purchaser and registrant in good faith lies upon the one who asserts it.38cra1aw This onus probandi cannot be discharged by mere invocation of the legal presumption of good faith.39chanroblesvirtuallawlibrary

In sum, petitioners were negligent in not taking the necessary steps to determine the status of the subject lot despite the presence of circumstances which would have impelled a reasonably cautious man to do so. Thus, we affirm the findings of the lower courts that they cannot be considered buyers and registrants in good faith. Magallanes, as the first buyer and actual possessor, was correctly adjudged by the trial court as the rightful owner of the subject lot and the conveyance thereof in favor of her heirs, herein respondents, is proper under the premises. In addition, the trial court should be ordered to cause the cancellation of TCT No. T-72734 by the Register of Deeds of Iloilo City and the issuance of a new certificate of title in the names of respondents.40cra1aw This is without prejudice to any remedy which petitioners may have against Spouses Natividad and/or Lazaro.

The award of attorneys fees is improper.cralaw

On the issue of the propriety of attorneys fees which the trial court awarded in favor of respondents, we are inclined to agree with petitioners that the same should be deleted for lack of basis. An award of attorneys fees is the exception rather than the rule.41cra1aw "The right to litigate is so precious that a penalty should not be charged on those who may exercise it erroneously."42cra1aw It is not given merely because the defendant prevails and the action is later declared to be unfounded unless there was a deliberate intent to cause prejudice to the other party.43cra1aw We find the evidence of bad faith on the part of petitioners in instituting the subject action to be wanting. Thus, we delete the award of attorneys fees.

WHEREFORE, the petition is PARTIALLY GRANTED. The June 6, 2005 Decision and September 20, 2005 Resolution of the Court of Appeals in CA-G.R. CV No. 55850 are AFFIRMED with the following MODIFICATIONS: (1) The Regional Trial Court of Iloilo City, Branch 39 is ORDERED to cause the cancellation by the Register of Deeds of Iloilo City of TCT No. T-72734 and the issuance, in lieu thereof, of the corresponding certificate of title in the names of respondents, heirs of Daisy Teresa Cortel Magallanes, and (2) The award of attorneys fees in favor of respondents is DELETED.

No pronouncement as to costs.

SO ORDERED.

MARIANO C. DEL CASTILLO
Associate Justice

WE CONCUR:

RENATO C. CORONA
Chief Justice
Chairperson

PRESBITERO J. VELASCO, JR.
Associate Justice
TERESITA J. LEONARDO-DE CASTRO
Associate Justice

JOSE PORTUGAL PEREZ
Associate Justice

C E R T I F I C A T I O N

Pursuant to Section 13, Article VIII of the Constitution, it is hereby certified that the conclusions in the above Decision had been reached in consultation before the case was assigned to the writer of the opinion of the Courts Division.

RENATO C. CORONA
Chief Justice



cralaw Endnotes:

1cra1aw Rollo, pp. 10-17; penned by Associate Justice Pampio A. Abarintos and concurred in by Associate Justices Mercedes Gozo-Dadole and Ramon M. Bato, Jr.

2cra1aw Records, pp. 271-282; penned by Judge Jose G. Abdallah.

3cra1aw Rollo, p. 29; penned by Associate Justice Pampio A. Abarintos and concurred in by Associate Justices Vicente L. Yap and Ramon M. Bato, Jr.

4cra1aw Records, p. 28; should be contract to sell as stated in the body of said contract and as per the terms thereof.

5cra1aw Id. at 29.

6cra1aw Id. at 31-32.

7cra1aw Id.

8cra1aw Id. at 34.

9cra1aw Id. at 26.

10cra1aw Id. at 27.

11cra1aw Id. at 194.

12cra1aw Id. at 137.

13cra1aw Id.cralaw

14cra1aw Id. at 138.

15cra1aw Id. at 127.

16cra1aw Id. at 5.

17cra1aw Id. at 18-25.

18cra1aw Id. at 1-4.

19cra1aw Id. at 11-17.

20cra1aw Id. at 282.

21cra1aw Rollo, p. 16.

22cra1aw Id. at 44.

23cra1aw 400 Phil. 858 (2000).

24cra1aw Records, p. 11.

25cra1aw Id. at 19.

26cra1aw Id. at 138.

27cra1aw Id.

28cra1aw Supra note 23.

29cra1aw Id. at 871.

30cra1aw Spouses Abrigo v. De Vera, 476 Phil. 641, 650 (2004).

31cra1aw Cheng v. Genato, 360 Phil. 891, 910 (1998).

32cra1aw Hemedes v. Court of Appeals, 374 Phil. 692, 719-720 (1999).

33cra1aw Id. at 719.

34cra1aw Sigaya v. Mayuga, 504 Phil. 600, 614 (2005).

35cra1aw Id.cralaw

36cra1aw Records, pp. 278-279.

37cra1aw Uraca v. Court of Appeals, 344 Phil. 253, 267 (1997).

38cra1aw Supra note 34 at 613.

39cra1aw Id.cralaw

40cra1aw Bautista v. Court of Appeals, 379 Phil. 386, 402 (2000).

41cra1aw Albenson Enterprises Corp. v. Court of Appeals, G.R. No. 88694, January 11, 1993, 217 SCRA 16, 31.

42cra1aw De la Peña v. Court of Appeals, G.R. No. 81827, March 28, 1994, 231 SCRA 456, 462.

43cra1aw Id.




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October-2010 Jurisprudence                 

  • G.R. No. 123294 : October 20, 2010 PHILIPPINE AIRLINES, INC., Petitioner, v. NATIONAL LABOR RELATIONS COMMISSION and AIDA M. QUIJANO, Respondents.cra

  • G.R. No. 178397 : October 20, 2010 PE�AFRANCIA TOURS AND TRAVEL TRANSPORT, INC., Petitioner, v. JOSELITO P. SARMIENTO and RICARDO S. CATIMBANG, Respondents.

  • A.M. No. P-10-2860 : October 20, 2010 (Formerly A.M. OCA I.P.I. No. 06-2392-P) RENATO MIGUEL D. GARCIA, Complainant, v. RICKY MONTEJAR, Sheriff, Regional Trial Court, Branch 64, Guihulngan, Negros Oriental, Respondent.

  • G.R. No. 185567 : October 20, 2010 ARSENIO Z. LOCSIN, Petitioner, v. NISSAN LEASE PHILS. INC. and LUIS BANSON, Respondents.cralaw

  • G.R. No. 191194 : October 20, 2010 PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, v. ASTRO ASTROLABIO ASIS alias "MULOK/ TOTO," Accused-Appellant.

  • G.R. No. 186166 : October 20, 2010 REPUBLIC OF THE PHILIPPINES, Petitioner, v. JOSE T. CHING represented by his Attorney-in-fact, ANTONIO V. CHING, Respondent.c

  • G.R. No. 183455 : October 20, 2010 PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, v. ROMY ATADERO, Accused-Appellant.

  • G.R. No. 174674 : October 20, 2010 NESTLE PHILIPPINES, INC. and NESTLE WATERS PHILIPPINES, INC. (formerly HIDDEN SPRINGS & PERRIER, INC.), Petitioners, v. UNIWIDE SALES, INC., UNIWIDE HOLDINGS, INC., NAIC RESOURCES AND DEVELOPMENT CORPORATION, UNIWIDE SALES REALTY AND RESOURCES CLUB, INC., FIRST PARAGON CORPORATION, and UNIWIDE SALES WAREHOUSE CLUB, INC., Respondents.cralaw

  • G.R. No. 173179 : October 11, 2010 MANUEL D. RECTO, CESAR A. DIGNOS, and FRANCISCO S. A�ONUEVO, Petitioners, v. BISHOP FEDERICO O. ESCALER, S.J., JOAQUINA De ARANAZ, FILOMENA BAGAMASBAD, ELADIA BANGUILAN, TEODONIA BANZON, TERESITA BELEN, REMEDIOS CALO, MANSUETA CO, ZENAIDA CRUZ, LINA DATU, AURORA ELORIAGA, MAGDALENA FAJATIN,* LEONARDA FALLARME, CHI GANA, LUTGARDA GARCIA, UBALDO ISAAC, CATHERINE LIM, CORAZON LORENZO, ENRIQUETA MANABAT, GUADALUPE MATADOS, DOMINGA MENOR, EFREN MONJE, PILAR MONJE, POMPEYA NAVAL, WILTECK ONG, ELEODORO PARENTELA, ANTONIA PARENTELA, OLIVIA PEREZ, ALICIA QUIMSON, ELSIE RODRIGUEZ, RAFAELA SANTOS, MELENCIA SESE, VIRGINIA SUGCANG, DIONISIA TRINIDAD, JOSELITO B. FLORO, LOURDES FLORO, ANDREA GUTIERREZ, FENNY ESPINORIO, AND OTHERS SIMILARLY SITUATED, Respondents.cralaw

  • G.R. No. 172525 : October 20, 2010 SHINRYO (PHILIPPINES) COMPANY, INC., Petitioner, v. RRN INCORPORATED,* Respondent.

  • BANK OF COMMERCE, Petitioner, v. HON. ESTELA PERLAS-BERNABE, in her capacity as Presiding Judge of the REGIONAL TRIAL OF MAKATI CITY, BRANCH 142; BANCAPITAL DEVELOPMENT CORPORATION; and EXCHANGE CAPITAL CORPORATION, Respondents.cralaw

  • G.R. No. 171998 : October 20, 2010 ANAMER SALAZAR, Petitioner, v. J.Y. BROTHERS MARKETING CORPORATION, Respondent.cralaw

  • G.R. No. 170389 : October 20, 2010 COMMISSION OF INTERNAL REVENUE, Petitioner, v. AQUAFRESH SEAFOODS, INC., Respondent.cralaw

  • G.R. No. 152166 : October 20, 2010 ST. LUKE'S MEDICAL CENTER, INC. and ROBERT KUAN, Chairman, Petitioners, v. ESTRELITO NOTARIO, Respondent.cralaw

  • A.M. No. MTJ-10-1754 : October 20, 2010 (Formerly OCA I.P.I. No. 08-2090-MTJ) NARCISO BERNARDO, JR., Complainant, v. JUDGE PETER M. MONTOJO, Municipal Trial Court, Romblon, Respondent.cr

  • G.R. No. 187069 : October 20, 2010 PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, v. ANTONIO MAGPAYO, Defendant and Appellant.

  • G.R. No. 176212 : October 20, 2010 CENTURY SAVINGS BANK, Petitioner, v. SPOUSES DANILO T. SAMONTE and ROSALINDA M. SAMONTE, Respondents.cralaw

  • G.R. No. 151349 : October 20, 2010 LEANDRO M. ALCANTARA, Petitioner, v. THE PHILIPPINE COMMERCIAL AND INTERNATIONAL BANK, Respondent.cralaw

  • G.R. No. 191064 : October 20, 2010 PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, v. ROLANDO ARANETA y ABELLA @ BOTONG and MARILOU SANTOS y TANTAY @ MALOU, Accused-Appellants.

  • G.R. No. 186400 : October 20, 2010 CYNTHIA S. BOLOS, Petitioner, v. DANILO T. BOLOS, Respondent.cralaw

  • G.R. No. 183852 : October 20, 2010 CARMELA BROBIO MANGAHAS, Petitioner, v. EUFROCINA A. BROBIO, Respondent.cralaw

  • G.R. No. 178618 : October 11, 2010 MINDANAO SAVINGS AND LOAN ASSOCIATION, INC., represented by its Liquidator, THE PHILIPPINE DEPOSIT INSURANCE CORPORATION, Petitioner, v. EDWARD WILLKOM; GILDA GO; REMEDIOS UY; MALAYO BANTUAS, in his capacity as the Deputy Sheriff of Regional Trial Court, Branch 3, Iligan City; and the REGISTER OF DEEDS of Cagayan de Oro City, Respondent.cralaw

  • G.R. No. 174157 : October 20, 2010 COMMISSIONER OF INTERNAL REVENUE, Petitioner, v. McGEORGE FOOD INDUSTRIES, INC., Respondent.cralaw

  • G.R. No. 172635 : October 20, 2010 OFFICE OF THE OMBUDSMAN, Petitioner, v. PEDRO DELIJERO, JR., Respondent.cralaw

  • G.R. No. 190179 : October 20, 2010 PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, v. EDWARD R. FELICIANO, ANITA G. LAURORA, EDITHA C. MAGLALANG, MAY G. ESTRELLA, and ROMELITO G. RUELO, Accused, EDWARD R. FELICIANO and ANITA G. LAURORA,, Accused-Appellants.

  • G.R. No. 184850 : October 20, 2010 E.Y. INDUSTRIAL SALES, INC. and ENGRACIO YAP, Petitioners, v. SHEN DAR ELECTRICITY AND MACHINERY CO., LTD., Respondent.cralaw

  • G.R. No. 181900 : October 20, 2010 PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, v. DEMETRIO SALAZAR, Accused-Appellant.

  • G.R. Nos. 175806 and 175810: October 20, 2010 MANUEL ALMAGRO joined by his spouse, ELIZABETH ALMAGRO, Petitioners, v. SALVACION C. KWAN, WILLIAM C. KWAN, VICTORIA C. KWAN, assisted by her husband, JOSE A. ARBAS, and CECILIA C. KWAN, Respondents. G.R. No. 175849 : October 20, 2010 MARGARITA PACHORO, DRONICA ORLINA, PIO TUBAT, JR., ANDRES TUBAT, EDUVIGIS KISKIS, ELSA BI�ALBER, NOELA TUBAT, ELSA TUBAT, and ROGELIO DURAN, Petitioners, v. WILLIAM C. KWAN, SALVACION C. KWAN, VICTORIA C. KWAN, assisted by her husband, JOSE A. ARBAS, and CECILIA C. KWAN, Respondents.

  • G.R. No. 175561 : October 20, 2010 SPOUSES IDA aka "MILAGROS" NIEVES BELTRAN and JOSE BELTRAN, Petitioners, v. ANITA R. NIEVES, represented by NELIA G. MORAN, Respondent.

  • G.R. No. 174329 : October 20, 2010 DEVELOPMENT BANK OF THE PHILIPPINES, Petitioner, v. ENVIRONMENTAL AQUATICS, INC., LAND SERVICES AND MANAGEMENT ENTERPRISES, INC. and MARIO MATUTE Respondents.

  • G.R. No. 174212 : October 20, 2010 HITACHI GLOBAL STORAGE TECHNOLOGIES PHILIPPINES CORP. (formerly HITACHI COMPUTER PRODUCTS (ASIA) CORPORATION), Petitioner v. COMMISSIONER OF INTERNAL REVENUE Respondent.

  • G.R. No. 173021 : October 20, 2010 DELFIN LAMSIS, MAYNARD MONDIGUING, JOSE VALDEZ, JR. and Heirs of AGUSTIN KITMA, represented by EUGENE KITMA, Petitioners, v. MARGARITA SEMON DONG-E, Respondent.cralaw

  • G.R. No. 191938 : October 19, 2010 ABRAHAM KAHLIL B. MITRA, Petitioner, v. COMMISSION ON ELECTIONS, ANTONIO V. GONZALES and ORLANDO R. BALBON, JR., Respondents.cralaw

  • A.M. No. P-07-2358 : October 19, 2010 (Formerly A.M. No. 06-4-138-MTC) ISABEL D. MARQUEZ, Clerk of Court, Municipal Trial Court, Caba, La Union, Complainant, v. JOCELYN C. FERNANDEZ, Stenographer, Municipal Trial Court, Caba, La Union, Respondent.cralaw

  • A.M. No. P-08-2472 : October 19, 2010 [Formerly OCA IPI No. 07-2559-P] JUDGE JENNY LIND R. ALDECOA-A-DELORINO, Complainant, v. JESSICA B. ABELLANOSA, Court Stenographer III, Regional Trial Court, Makati City, Branch 137, Respondent.cralaw A.M. No. RTJ-08-2106 [Formerly OCA IPI No. 07-2737-RTJ] JESSICA B. ABELLANOSA, Court Stenographer III, Regional Trial Court, Makati City, Branch 137, Complainant, v. JUDGE JENNY LIND R. ALDECOA-DELORINO, Respondent.cralaw A.M. No. P-08-2420 [Formerly OCA IPI No. 07-2655-P] JESSICA B. ABELLANOSA, Court Stenographer III, Regional Trial Court, Makati City, Branch 137, Complainant, v. ROWENA L. RAMOS, COURT STENOGRAPHER III, Regional Trial Court, Makati City, Respondent.cralaw

  • A.M. No. 10-10-4-SC : October 19, 2010 Re: Letter of the UP Law Faculty entitled "Restoring Integrity: A Statement by the Faculty of the University of the Philippines College of Law on the Allegations of Plagiarism and Misrepresentation in the Supreme Court."

  • G.R. No. 190108 : October 19, 2010 DAVID E. SO, on behalf of his daughter MARIA ELENA SO GUISANDE, Petitioner, v. HON. ESTEBAN A. TACLA, JR., Regional Trial Court of Mandaluyong City, Branch 208; and DR. BERNARDO A. VICENTE, National Center for Mental Health, Respondents.cralaw

  • G.R. No. 166910 : October 19, 2010 ERNESTO B. FRANCISCO, JR. and JOSE MA. O. HIZON, Petitioners, v. TOLL REGULATORY BOARD, PHILIPPINE NATIONAL CONSTRUCTION CORPORATION, MANILA NORTH TOLLWAYS CORPORATION, BENPRES HOLDINGS CORPORATION, FIRST PHILIPPINE INFRASTRUCTURE DEVELOPMENT CORPORATION, TOLLWAY MANAGEMENT CORPORATION, PNCC SKYWAY CORPORATION, CITRA METRO MANILA TOLLWAYS CORPORATION and HOPEWELL CROWN INFRASTRUCTURE, INC., Respondents.cralaw G.R. No. 169917 HON. IMEE R. MARCOS, RONALDO B. ZAMORA, CONSUMERS UNION OF THE PHILIPPINES, INC., QUIRINO A. MARQUINEZ, HON. LUIS A. ASISTIO, HON. ERICO BASILIO A. FABIAN, HON. RENATO "KA RENE" B. MAGTUBO, HON. RODOLFO G. PLAZA, HON. ANTONIO M. SERAPIO, HON. EMMANUEL JOEL J. VILLANUEVA, HON. ANIBAN NG MGA MANGGAGAWA SA AGRIKULTURA (AMA), INC., ANIBAN NG MGA MAGSASAKA, MANGINGISDA AT MANGGAGAWA SA AGRIKULTURA-KATIPUNAN, INC., KAISAHAN NG MGA MAGSASAKA SA AGRIKULTURA, INC., KILUSAN NG MANGAGAWANG MAKABAYAN, Petitioners, v. The REPUBLIC OF THE PHILIPPINES, acting by and through the TOLL REGULATORY BOARD, MANILA NORTH TOLLWAYS CORPORATION, PHILIPPINE NATIONAL CONSTRUCTION CORPORATION, and FIRST PHILIPPINE INFRASTRUCTURE DEVELOPMENT CORP., Respondents.cralaw G.R. No. 173630 GISING KABATAAN MOVEMENT, INC., BARANGAY COUNCIL OF SAN ANTONIO, MUNICIPALITY OF SAN PEDRO, LAGUNA [as Represented by COUNCILOR CARLON G. AMBAYEC], and YOUNG PROFESSIONALS AND ENTREPRENEURS OF SAN PEDRO, LAGUNA Petitioners, v. THE REPUBLIC OF THE PHILIPPINES, acting through the TOLL REGULATORY BOARD (TRB), PHILIPPINE NATIONAL CONSTRUCTION CORPORATION (PNCC), Respondents.cralaw G.R. No. 183599 THE REPUBLIC OF THE PHILIPPINES, represented by the TOLL REGULATORY BOARD, Petitioner, v. YOUNG PROFESSIONALS AND ENTREPRENEURS OF SAN PEDRO, LAGUNA, Respondent.cralaw

  • G.R. No. 187032 : October 18, 2010 EDGARDO M. PANGANIBAN, Petitioner, v. TARA TRADING SHIPMANAGEMENT INC. AND SHINLINE SDN BHD, Respondents.cralaw

  • G.R. No. 187116 : October 18, 2010 ASSET BUILDERS CORPORATION, Petitioner, v. STRONGHOLD INSURANCE COMPANY, INCORPORATED, Respondent.cralaw

  • G.R. No. 191394 : October 18, 2010 PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, v. MARIA POLITICO y TICALA and EWINIE POLITICO y PALMA, Accused-Appellants.

  • G.R. No. 170073 : October 18, 2010 SPOUSES RAMY and ZENAIDA PUDADERA, Petitioners, v. IRENEO MAGALLANES and the late DAISY TERESA CORTEL MAGALLANES substituted by her children, NELLY M. MARQUEZ, ELISEO MAGALLANES and ANGEL MAGALLANES, Respondents.cralaw

  • G.R. No. 164757 : October 18, 2010 CEBU METRO PHARMACY, INC., Petitioner, v. EURO-MED LABORATORIES, PHILIPPINES, INC., Respondent.cralaw

  • G.R. No. 159230 : October 18, 2010 B.E. SAN DIEGO, INC., Petitioner, v. COURT OF APPEALS and JOVITA MATIAS, Respondents.cralaw

  • G.R. No. 189859 : October 18, 2010 PIO MODESTO and CIRILA RIVERA-MODESTO, Petitioners, v. CARLOS URBINA, substituted by the heirs of OLYMPIA MIGUEL VDA. DE URBINA (Surviving Spouse) and children, namely: ESCOLASTICA M. URBINA, ET AL., Respondents.cralaw

  • G.R. No. 170375 : October 13, 2010 REPUBLIC OF THE PHILIPPINES, Petitioner, v. 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, v. NATIONAL POWER CORPORATION and NATIONAL TRANSMISSION CORPORATION (TRANSCO), Respondents, G.R. Nos. 173355-56 NATIONAL POWER CORPORATION, Petitioner, v. 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, v. DEMETRIA CACHO, represented by alleged Heirs DEMETRIA CONFESOR VIDAL and/or TEOFILO CACHO, AZIMUTH INTERNATIONAL DEVELOPMENT CORPORATION and LAND TRADE REALTY CORPORATION, Respondents.cralaw G.R. Nos. 173563-64 NATIONAL TRANSMISSION CORPORATION, Petitioner, v. 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, v. DEMETRIA CONFESOR VIDAL and AZIMUTH INTERNATIONAL DEVELOPMENT CORPORATION, Respondents, G.R. No. 178894 TEOFILO CACHO and/or ATTY. GODOFREDO CABILDO, Petitioner, v. DEMETRIA CONFESOR VIDAL and AZIMUTH INTERNATIONAL DEVELOPMENT CORPORATION, Respondents.crala

  • G.R. No. 172394 : October 13, 2010 H. TAMBUNTING PAWNSHOP, INC., Petitioner, v. COMMISSIONER OF INTERNAL REVENUE, Respondent.cra

  • G.R. No. 191254 : October 13, 2010 PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, v. ROEL "RUEL" SALLY, Accused-Appellant.

  • G.R. No. 184041 : October 13, 2010 ANICETO G. SALUDO, JR., Petitioner, v. SECURITY BANK CORPORATION, Respondent.cralaw

  • G.R. No. 184036 : October 13, 2010 PACIFIC REHOUSE CORPORATION, PACIFIC CONCORDE CORPORATION, MIZPAH HOLDINGS, INC., FORUM HOLDINGS CORPORATION, and EAST ASIA OIL COMPANY,INC., Petitioners, v. EIB SECURITIES, INC., Respondent.cralaw

  • G.R. No. 175862 : October 13, 2010 REAL BANK, INC., Petitioner, v. SAMSUNG MABUHAY CORPORATION, Respondent.cralaw

  • G.R. No. 173342 : October 13, 2010 ZAMBOANGA FOREST MANAGERS CORP., Petitioner, v. NEW PACIFIC TIMBER AND SUPPLY CO., ET AL., Respondent.cralaw

  • G.R. No. 161431 : October 13, 2010 CALIBRE TRADERS, INC., MARIO SISON SEBASTIAN, and MINDA BLANCO SEBASTIAN, Petitioners, v. BAYER PHILIPPINES, INC., Respondent.cralaw

  • G.R. No. 185814 : October 13, 2010 SHS PERFORATED MATERIALS, INC., WINFRIED HARTMANNSHENN, and HINRICH JOHANN SCHUMACHER, Petitioners, v. MANUEL F. DIAZ, Respondent.cralaw

  • G.R. No. 173822 : October 13, 2010 SALVADOR ATIZADO and SALVADOR MONREAL, Petitioners, v. PEOPLE OF THE PHILIPPINES, Respondent.cralaw

  • G.R. No. 157802 : October 13, 2010 MATLING INDUSTRIAL AND COMMERCIAL CORPORATION, RICHARD K. SPENCER, CATHERINE SPENCER, AND ALEX MANCILLA, Petitioners, v. RICARDO R. COROS, Respondent.cralaw

  • A.M. No. RTJ-05-1924 : October 13, 2010 (Formerly A.M. No. 04-10-568-RTC) RE: CASES SUBMITTED FOR DECISION BEFORE JUDGE DAMASO A. HERRERA, REGIONAL TRIAL COURT, BRANCH 24, BIAN, LAGUNA.

  • G.R. No. 188154 : October 13, 2010 LOURDES A. CERCADO, Petitioner, v. UNIPROM, INC., Respondent.cra

  • G.R. No. 183404 : October 13, 2010 BERRIS AGRICULTURAL CO., INC., Petitioner, v. NORVY ABYADANG, Respondent.cralaw

  • G.R. No. 180699 : October 13, 2010 BANK OF THE PHILIPPINE ISLANDS, Petitioner, v. LABOR ARBITER RODERICK JOSEPH CALANZA, SHERIFF ENRICO Y. PAREDES, AMELIA ENRIQUEZ, and REMO L. SIA, Respondents.cralaw

  • G.R. No. 177881 : October 13, 2010 EMMANUEL C. VILLANUEVA, Petitioner, v. CHERDAN LENDING INVESTORS CORPORATION, Respondent.cra

  • G.R. No. 173463 : October 13, 2010 GLOBAL BUSINESS HOLDINGS, INC. (formerly Global Business Bank, Inc.), Petitioner, v. SURECOMP SOFTWARE, B.V., Respondent.

  • G.R. No. 177279 : October 13, 2010 COMMISSIONER OF INTERNAL REVENUE, Petitioner, v. HON. RAUL M. GONZALEZ, Secretary of Justice, L. M. CAMUS ENGINEERING CORPORATION (represented by LUIS M. CAMUS and LINO D. MENDOZA), Respondents.crala

  • A.M. No. RTJ-07-2076 : October 12, 2010 OFFICE OF THE COURT ADMINISTRATOR, Complainant, v. JUDGE ALBERTO L. LERMA, Respondent.cralaw A.M. No. RTJ-07-2077 ATTY. LOURDES A. ONA, Complainant, v. JUDGE ALBERTO L. LERMA, Respondent.cralaw A.M. No. RTJ-07-2078 JOSE MARI L. DUARTE, Complainant, v. JUDGE ALBERTO L. LERMA, Respondent.cralaw A.M. No. RTJ-07-2079 RET. GENERAL MELITON D. GOYENA, Complainant, v. JUDGE ALBERTO L. LERMA, Respondent.cralaw A.M. No. RTJ-07-2080 OFFICE OF THE COURT ADMINISTRATOR, Complainant, v. JUDGE ALBERTO L. LERMA, Respondent.cralaw

  • A.M. No. 10-7-17-SC : October 15, 2010 IN THE MATTER OF THE CHARGES OF PLAGIARISM, ETC., AGAINST ASSOCIATE JUSTICE MARIANO C. DEL CASTILLO.

  • G.R. No. 174066 : October 12, 2010 PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, v. ERNESTO NARZABAL y CASTELO, JR., Accused-Appellant.

  • G.R. No. 164195 : October 12, 2010 APO FRUITS CORPORATION and HIJO PLANTATION, INC., Petitioners, v. LAND BANK OF THE PHILIPPINES, Respondent.cralaw

  • A.M. No. P-09-2735 : October 12, 2010 (Formerly OCA I.P.I. No. 07-2614-P) LEVI M. ARGOSO, Complainant, v. ACHILLES ANDREW REGALADO II, Sheriff IV, Regional Trial Court, Office of the Clerk of Court, Naga City, Respondent.cr

  • A.M. No. P-06-2287 : October 12, 2010 [Formerly A.M. No. 06-11391-MTC] OFFICE OF THE COURT ADMINISTRATOR, Complainant, v. MARCELA V. SANTOS, CLERK OF COURT II, MUNICIPAL TRIAL COURT, SAN LEONARDO, NUEVA ECIJA, Respondent.cralaw

  • A.C. No. 2655 : October 12, 2010 LEONARD W. RICHARDS, Complainant, v. PATRICIO A. ASOY, Respondent.cral

  • G.R. No. 184952 : October 11, 2010 PEOPLE OF THE PHILIPPINES, Appellee, v. MARIANITO GONZAGA y JOMAYA, Appellant.

  • G.R. NO. 177127 : October 11, 2010 J.R.A. PHILIPPINES, INC., Petitioner, v. COMMISSIONER OF INTERNAL REVENUE, Respondent.cralaw

  • G.R. No. 192473 : October 11, 2010 S.I.P. FOOD HOUSE and MR. and MRS. ALEJANDRO PABLO, Petitioners, v. RESTITUTO BATOLINA, ALMER CALUMPISAN, ARIES MALGAPO, ARMANDO MALGAPO, FLORDELIZA MATIAS, PERCIVAL MATIAS, ARWIN MIRANDA, LOPE MATIAS, RAMIL MATIAS, ALLAN STA. INES, Respondents.cralaw

  • G.R. No. 156038 : October 11, 2010 SPOUSES VICTORIANO CHUNG and DEBBIE CHUNG, Petitioners, v. ULANDAY CONSTRUCTION, INC.,*cra1aw Respondent.

  • G.R. No. 192916 : October 11, 2010 MANUEL A. ECHAVEZ, Petitioner, v. DOZEN CONSTRUCTION AND DEVELOPMENT CORPORATION and THE REGISTER OF DEEDS OF CEBU CITY, Respondents.cralaw

  • G.R. No. 190804 : October 11, 2010 PHILIPPINE TRANSMARINE CARRIERS, INC., GLOBAL NAVIGATION, LTD., Petitioners, v. SILVINO A. NAZAM, Respondent.cralaw

  • G.R. No. 182953 : October 11, 2010 CORAZON D. SARMIENTA, JOSE DERAMA, CATES RAMA, JOSIE MIWA, TOTO NOLASCO, JESUS OLIQUINO, NORBERTO LOPEZ, RUBEN ESPOSO, BERNARDO FLORESCA, MARINA DIMATALO, ROBLE DIMANDAKO, RICARDO PE�A, EDUARDO ESPINO, ANTONIO GALLEGOS, VICTOR SANDOVAL, FELICITAS ABRANTES, MERCY CRUZ, ROSENDO ORGANO, RICKY BARENO, ANITA TAKSAGON, JOSIE RAMA and PABLO DIMANDAKO, Petitioners, v. MANALITE HOMEOWNERS ASSOCIATION, INC. (MAHA), Respondent.cralaw

  • G.R. No. 178551 : October 11, 2010 ATCI OVERSEAS CORPORATION, AMALIA G. IKDAL and MINISTRY OF PUBLIC HEALTH-KUWAIT Petitioners, v. MA. JOSEFA ECHIN, Respondent.cralaw

  • G.R. No. 171685 : October 11, 2010 LAND BANK OF THE PHILIPPINES, Petitioner, v. GLENN Y. ESCANDOR, GEROME Y. ESCANDOR, EMILIO D. ESCANDOR and VIOLETA YAP, Respondents.cralaw

  • G.R. No. 171365 : October 6, 2010 ERMELINDA C. MANALOTO, AURORA J. CIFRA, FLORDELIZA J. ARCILLA, LOURDES J. CATALAN, ETHELINDA J. HOLT, BIENVENIDO R. JONGCO, ARTEMIO R. JONGCO, JR. and JOEL JONGCO, Petitioners, v. ISMAEL VELOSO III, Respondent.cralaw

  • G.R. No. 163091 : October 6, 2010 COCA-COLA BOTTLERS PHILIPPINES, INC., Petitioner, v. ANGEL U. DEL VILLAR, Respondent.cralaw

  • G.R. No. 152866 : October 6, 2010 THE HEIRS OF ROMANA SAVES, namely: FIDELA ALMAIDA, EMILIANO ALMAIDA, JESUS ALMAIDA, CATALINA ALMAIDA, ALFREDO RAMOS, GINA RAMOS, LUZ ALMAIDA, ANITA ALMAIDA, PETRA GENERAL, EDNA GENERAL, ESTHER ALMAIDA, DIONISIA ALMAIDA, CORNELIA ALMAIDA, FELIMON ALMAIDA (represented by SINFROSA ALMAIDA); The Heirs of RAFAELA SAVES, namely: JULIANA DIZON, HILARIA DIZON, JOVENCIO DIZON, MAURA DIZON, BABY DIZON & ULDARICO AMISTOSO (represented by ULDARICO AMISTOSO); The Heirs of JANUARIA SAVES, namely: FELICIDAD MARTINEZ, MARLOU MARTINEZ, ROWENA MARTINEZ, BABY LOU MARTINEZ, BOBERT MARTINEZ, JERRY MARTINEZ (represented by FELICIDAD MARTINEZ); The Heirs of MAXIMO SAVES, namely: ELPIDIO AMIGO, CELESTINA DEMETRIA AMIGO, MEREN (daughter of SEVERA SAVES), FRUTO ROSARIO (represented by ELPIDIO AMIGO); The Heirs of BENEDICTA SAVES, namely: AUTEMIA JUCOM, CATALINA JUCOM, DOLORES JUCOM, SERGIA JUCOM, BENEDICTA JUCOM, JOSEFINA JUCOM, FLORDIVIDA REMETILLO, FELINA REMETILLO and ANNA MARIE REMETILLO, (represented by AUTEMIA JUCOM), Petitioners, v. THE HEIRS OF ESCOLASTICO SAVES, namely: REMEDIOS SAVES-ADAMOS, LUZ SAVES-HERNANDEZ and DODONG SAVES, and ENRIQUETA CHAVES-ABELLA, Respondents.cralaw

  • G.R. No. 186652 : October 6, 2010 ATTY. ALICE ODCHIGUE-BONDOC, Petitioner, v. TAN TIONG BIO A.K.A. HENRY TAN, Respondent.cralaw

  • G.R. No. 168313 : October 6, 2010 BANK OF THE PHILIPPINE ISLANDS, Petitioner, v. HON. COURT OF APPEALS, HON. ROMEO BARZA, in his capacity as the Presiding Judge of the Regional Trial Court of Makati City, Br. 61, FIRST UNION GROUP ENTERPRISES and LINDA WU HU, Respondents.cralaw

  • A.M. No. P-06-2221 : October 5, 2010 (Formerly A.M. No. 06-7-215-MTCC) OFFICE OF THE COURT ADMINISTRATOR, Complainant, v. RODELIO E. MARCELO and MA. CORAZON D. ESPA�OLA, MTCC, SAN JOSE DEL MONTE CITY, BULACAN, Respondents.cralaw

  • A.M. No. MTJ-05-1580 : October 6, 2010 [Formerly OCA IPI No. 04-1608-MTJ] LOURDES B. FERRER and PROSPERIDAD M. ARANDEZ, Complainants, v. JUDGE ROMEO A. RABACA, Metropolitan Trial Court, Branch 25, Manila, Respondent.cralaw

  • A.M. No. MTJ-10-1769 : October 6, 2010 [Formerly OCA IPI No. 09-2145-MTJ] EDUARDO B. OLAGUER, Complainant, v. JUDGE ALFREDO D. AMPUAN, Metropolitan Trial Court, Branch 33, Quezon City, Respondent.cralaw

  • A.M. No. MTJ-09-1738 : October 6, 2010 (Formerly OCA I.P.I. No. 08-2033-MTJ) CIRILA S. RAYMUNDO, Complainant, v. JUDGE TERESITO A. ANDOY, Municipal Trial Court (MTC), Cainta, Rizal, Respondent.cra

  • G.R. No. 188650 : October 6, 2010 OFFICE OF THE OMBUDSMAN, Petitioner, v. PRISCILLA S. CORDOVA, Deputy Collector for Assessment, Bureau of Customs, Respondent.cralaw G.R. No. 187166 DEPARTMENT OF FINANCE-REVENUE INTEGRITY PROTECTION SERVICE (DOF-RIPS) AND COMMISSIONER NAPOLEON MORALES, Petitioners, v. PRISCILLA S. CORDOVA, Deputy Collector for Assessment, Bureau of Customs, Respondent.

  • G.R. No. 179543 : October 6, 2010 CAMPER REALTY CORP., Petitioner, v. MARIA NENA PAJO-REYES represented by her Attorney-in-Fact Eliseo B. Ballao, AUGUSTO P. BAJADO, RODOLFO PAJO and GODOFREDO PAJO, JR., Respondents.cralaw

  • G.R. No. 171980 : October 6, 2010 PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, v. OLIVE RUBIO MAMARIL, Accused-Appellant.

  • G.R. No. 185020 : October 6, 2010 FILOMENA R. BENEDICTO, Petitioner, v. ANTONIO VILLAFLORES, Respondent.cralaw

  • G.R. No. 180687 : October 6, 2010 ESMERALDO C. ROMULLO, PEDRO MANGUNDAYAO, MAXIMO ANES, ELVIRA BONZA, ROBERTO BELARMINO, TELESPORO GARCIA, BETH ZAIDA GIMENEZ, CELSO LIBRANDO, MICHAEL DELA CRUZ, and ROBERTO ARAWAG, Petitioners, v. SAMAHANG MAGKAKAPITBAHAY NG BAYANIHAN COMPOUND HOMEOWNERS ASSOCIATION, INC., represented by its President, PAQUITO QUITALIG, Respondent.cralaw

  • G.R. No. 153998 : October 6, 2010 JORGE L. TIANGCO, THE HEIRS OF ENRIQUE L. TIANGCO, GLORIA T. BATUNGBACAL, NARCISO L. TIANGCO and SILVINO L. TIANGCO, Petitioners, v. LAND BANK OF THE PHILIPPINES, Respondent.cralaw

  • G.R. No. 176479 : October 6, 2010 RIZAL COMMERCIAL BANKING CORPORATION, Petitioner, v. PEDRO P. BUENAVENTURA, Respondent.cra

  • G.R. No. 161934 : October 6, 2010 VARORIENT SHIPPING CO., INC., and.,d ARIA MARITIME CO., LTD., Petitioners, v. GIL A. FLORES, Respondent.cr

  • G.R. No. 190381 : October 6, 2010 COCA-COLA BOTTLERS PHILIPPINES, INC., Petitioner, v. RODRIGO MERCADO, ANTONIO VILLERO, LUISITO MANTIBE, MARCELO FABIAN, EDMUNDO YALUNG, EDILBERTO GUEVARRA, MICHAEL GUICO, ANGEL FERNANDO, ERNESTO DELA CRUZ, EFREN FERNANDO, ROBERTO TORRES, JIMMY DUNGO, WILLY OCAMPO, SANDRO DIZON, ALLAN OCAMPO, CARLITO MANABAT, CARLITO SINGIAN, JAY MANABAT, ERIC AQUINO, RODRIGO DAVID, NICOLAS LUQUIAZ,* LUCIO MANTIBE, PRUDENCIO PALALON, RAFAEL CABRERA, ROMMER SINGIAN,** ROGELIO MALIT, ALVIN ANDAYA, EMERITO B. DUNGCA, ALMIRANTE GORAL,*** AND NICOLAS CURA, Respondents.cralaw

  • G.R. No. 169067 : October 6, 2010 REPUBLIC OF THE PHILIPPINES, Petitioner, v. ANGELO B. MALABANAN, PABLO B. MALABANAN, GREENTHUMB REALTY AND DEVELOPMENT CORPORATION and THE REGISTRAR OF DEEDS OF BATANGAS, Respondents.cralaw

  • G.R. No. 184823 : October 6, 2010 COMMISSIONER OF INTERNAL REVENUE, Petitioner, v. AICHI FORGING COMPANY OF ASIA, INC., Respondent.cralaw

  • G.R. No. 175573 : October 5, 2010 OFFICE OF THE OMBUDSMAN, Petitioner, v. JOEL S. SAMANIEGO1cra1aw , Respondent.cralaw

  • G.R. No. 184769 : October 5, 2010 MANILA ELECTRIC COMPANY, ALEXANDER S. DEYTO and RUBEN A. SAPITULA, Petitioners, v. ROSARIO GOPEZ LIM, Respondent.

  • A.M. No. CA-10-50-J : October 5, 2010 [formerly A.M. OCA IPI No. 09-152-CA-J] 3-D INDUSTRIES, INC. and SMARTNET PHILIPPINES, INC. Complainants, v. JUSTICES VICENTE Q. ROXAS and JUAN Q. ENRIQUEZ, JR., Respondents.cralaw

  • A.M. No. P-06-2221 : October 5, 2010 (Formerly A.M. No. 06-7-215-MTCC) OFFICE OF THE COURT ADMINISTRATOR, Complainant, v. RODELIO E. MARCELO and MA. CORAZON D. ESPA�OLA, MTCC, SAN JOSE DEL MONTE CITY, BULACAN, Respondents.cralaw

  • G.R. No. 178552 : October 5, 2010 SOUTHERN HEMISPHERE ENGAGEMENT NETWORK, INC., on behalf of the South-South Network (SSN) for Non-State Armed Group Engagement, and ATTY. SOLIMAN M. SANTOS, JR., Petitioners, v. ANTI-TERRORISM COUNCIL, THE EXECUTIVE SECRETARY, THE SECRETARY OF JUSTICE, THE SECRETARY OF FOREIGN AFFAIRS, THE SECRETARY OF NATIONAL DEFENSE, THE SECRETARY OF THE INTERIOR AND LOCAL GOVERNMENT, THE SECRETARY OF FINANCE, THE NATIONAL SECURITY ADVISER, THE CHIEF OF STAFF OF THE ARMED FORCES OF THE PHILIPPINES, AND THE CHIEF OF THE PHILIPPINE NATIONAL POLICE, Respondents.cralaw G.R. No. 178554 KILUSANG MAYO UNO (KMU), represented by its Chairperson Elmer Labog, NATIONAL FEDERATION OF LABOR UNIONS-KILUSANG MAYO UNO (NAFLU-KMU), represented by its National President Joselito V. Ustarez and Secretary General Antonio C. Pascual, and CENTER FOR TRADE UNION AND HUMAN RIGHTS, represented by its Executive Director Daisy Arago,Petitioners, v. HON. EDUARDO ERMITA, in his capacity as Executive Secretary, NORBERTO GONZALES, in his capacity as Acting Secretary of National Defense, HON. RAUL GONZALES, in his capacity as Secretary of Justice, HON. RONALDO PUNO, in his capacity as Secretary of the Interior and Local Government, GEN. HERMOGENES ESPERON, in his capacity as AFP Chief of Staff, and DIRECTOR GENERAL OSCAR CALDERON, in his capacity as PNP Chief of Staff, Respondents.cralaw G.R. No. 178581 BAGONG ALYANSANG MAKABAYAN (BAYAN), GENERAL ALLIANCE BINDING WOMEN FOR REFORMS, INTEGRITY, EQUALITY, LEADERSHIP AND ACTION (GABRIELA), KILUSANG MAGBUBUKID NG PILIPINAS (KMP), MOVEMENT OF CONCERNED CITIZENS FOR CIVIL LIBERTIES (MCCCL), CONFEDERATION FOR UNITY, RECOGNITION AND ADVANCEMENT OF GOVERNMENT EMPLOYEES (COURAGE), KALIPUNAN NG DAMAYANG MAHIHIRAP (KADAMAY), SOLIDARITY OF CAVITE WORKERS, LEAGUE OF FILIPINO STUDENTS (LFS), ANAKBAYAN, PAMBANSANG LAKAS NG KILUSANG MAMAMALAKAYA (PAMALAKAYA), ALLIANCE OF CONCERNED TEACHERS (ACT), MIGRANTE, HEALTH ALLIANCE FOR DEMOCRACY (HEAD), AGHAM, TEOFISTO GUINGONA, JR., DR. BIENVENIDO LUMBERA, RENATO CONSTANTINO, JR., SISTER MARY JOHN MANANSAN OSB, DEAN CONSUELO PAZ, ATTY. JOSEFINA LICHAUCO, COL. GERRY CUNANAN (ret.), CARLITOS SIGUION-REYNA, DR. CAROLINA PAGADUAN-ARAULLO, RENATO REYES, DANILO RAMOS, EMERENCIANA DE LESUS, RITA BAUA, REY CLARO CASAMBRE, Petitioners, v. GLORIA MACAPAGAL-ARROYO, in her capacity as President and Commander-in-Chief, EXECUTIVE SECRETARY EDUARDO ERMITA, DEPARTMENT OF JUSTICE SECRETARY RAUL GONZALES, DEPARTMENT OF FOREIGN AFFAIRS SECRETARY ALBERTO ROMULO, DEPARTMENT OF NATIONAL DEFENSE ACTING SECRETARY NORBERTO GONZALES, DEPARTMENT OF INTERIOR AND LOCAL GOVERNMENT SECRETARY RONALDO PUNO. DEPARTMENT OF FINANCE SECRETARY MARGARITO TEVES, NATIONAL SECURITY ADVISER NORBERTO GONZALES, THE NATIONAL INTELLIGENCE COORDINATING AGENCY (NICA), THE NATIONAL BUREAU OF INVESTIGATION (NBI), THE BUREAU OF IMMIGRATION, THE OFFICE OF CIVIL DEFENSE, THE INTELLIGENCE SERVICE OF THE ARMED FORCES OF THE PHILIPPINES (ISAFP), THE ANTI-MONEY LAUNDERING COUNCIL (AMLC), THE PHILIPPINE CENTER ON TRANSNATIONAL CRIME, THE CHIEF OF THE PHILIPPINE NATIONAL POLICE GEN. OSCAR CALDERON, THE PNP, including its intelligence and investigative elements, AFP CHIEF GEN. HERMOGENES ESPERON, Respondents.cralaw G.R. No. 178890 KARAPATAN, ALLIANCE FOR THE ADVANCEMENT OF PEOPLE'S RIGHTS, represented herein by Dr. Edelina de la Paz, and representing the following organizations: HUSTISYA, represented by Evangeline Hernandez and also on her own behalf; DESAPARECIDOS, represented by Mary Guy Portajada and also on her own behalf, SAMAHAN NG MGA EX-DETAINEES LABAN SA DETENSYON AT PARA SA AMNESTIYA (SELDA), represented by Donato Continente and also on his own behalf, ECUMENICAL MOVEMENT FOR JUSTICE AND PEACE (EMJP), represented by Bishop Elmer M. Bolocon, UCCP, and PROMOTION OF CHURCH PEOPLE'S RESPONSE, represented by Fr. Gilbert Sabado, OCARM, Petitioners, v. GLORIA MACAPAGAL-ARROYO, in her capacity as President and Commander-in-Chief, EXECUTIVE SECRETARTY EDUARDO ERMITA, DEPARTMENT OF JUSTICE SECRETARY RAUL GONZALEZ, DEPARTMENT OF FOREIGN AFFAIRS SECRETARY ALBERTO ROMULO, DEPARTMENT OF NATIONAL DEFENSE ACTING SECRETARY NORBERTO GONZALES, DEPARTMENT OF INTERIOR AND LOCAL GOVERNMENT SECRETARY RONALDO PUNO, DEPARTMENT OF FINANCE SECRETARY MARGARITO TEVES, NATIONAL SECURITY ADVISER NORBERTO GONZALES, THE NATIONAL INTELLIGENCE COORDINATING AGENCY (NICA), THE NATIONAL BUREAU OF INVESTIGATION (NBI), THE BUREAU OF IMMIGRATION, THE OFFICE OF CIVIL DEFENSE, THE INTELLIGENCE SERVICE OF THE ARMED FORCES OF THE PHILIPPINES (ISAFP), THE ANTI-MONEY LAUNDERING COUNCIL (AMLC), THE PHILIPPINE CENTER ON TRANSNATIONAL CRIME, THE CHIEF OF THE PHILIPPINE NATIONAL POLICE GEN. OSCAR CALDERON, THE PNP, including its intelligence and investigative elements, AFP CHIEF GEN. HERMOGENES ESPERON, Respondents.cralaw G.R. No. 179157 THE INTEGRATED BAR OF THE PHILIPPINES (IBP), represented by Atty. Feliciano M. Bautista, COUNSELS FOR THE DEFENSE OF LIBERTY (CODAL), SEN. MA. ANA CONSUELO A.S. MADRIGAL and FORMER SENATORS SERGIO OSME�A III and WIGBERTO E. TA�ADA, Petitioners, v. EXECUTIVE SECRETARY EDUARDO ERMITA AND THE MEMBERS OF THE ANTI-TERRORISM COUNCIL (ATC), Respondents.cralaw G.R. No. 179461 BAGONG ALYANSANG MAKABAYAN-SOUTHERN TAGALOG (BAYAN-ST), GABRIELA-ST, KATIPUNAN NG MGA SAMAHYANG MAGSASAKA-TIMOG KATAGALUGAN (KASAMA-TK), MOVEMENT OF CONCERNED CITIZENS FOR CIVIL LIBERTIES (MCCCL), PEOPLES MARTYRS, ANAKBAYAN-ST, PAMALAKAYA-ST, CONFEDERATION FOR UNITY, RECOGNITION AND ADVANCEMENT OF GOVERNMENT EMPLOYEES (COURAGE-ST), PAGKAKAISA'T UGNAYAN NG MGA MAGBUBUKID SA LAGUNA (PUMALAG), SAMAHAN NG MGA MAMAMAYAN SA TABING RILES (SMTR-ST), LEAGUE OF FILIPINO STUDENTS (LFS), BAYAN MUNA-ST, KONGRESO NG MGA MAGBUBUKID PARA SA REPORMANG AGRARYO KOMPRA, BIGKIS AT LAKAS NG MGA KATUTUBO SA TIMOG KATAGALUGAN (BALATIK), SAMAHAN AT UGNAYAN NG MGA MAGSASAKANG KABABAIHAN SA TIMOG KATAGALUGAN (SUMAMAKA-TK), STARTER, LOS�OS RURAL POOR ORGANIZATION FOR PROGRESS & EQUALITY, CHRISTIAN NI�O LAJARA, TEODORO REYES, FRANCESCA B. TOLENTINO, JANNETTE E. BARRIENTOS, OSCAR T. LAPIDA, JR., DELFIN DE CLARO, SALLY P. ASTRERA, ARNEL SEGUNE BELTRAN, Petitioners, v. GLORIA MACAPAGAL-ARROYO, in her capacity as President and Commander-in-Chief, EXECUTIVE SECRETARY EDUARDO ERMITA, DEPARTMENT OF JUSTICE SECRETARY RAUL GONZALEZ, DEPARTMENT OF FOREIGN AFFAIRS SECRETARY ALBERTO ROMULO, DEPARTMENT OF NATIONAL DEFENSE ACTING SECRETARY NORBERTO GONZALES, DEPARTMENT OF INTERIOR AND LOCAL GOVERNMEN T SECRETARY RONALDO PUNO, DEPARTMENT OF FINCANCE SECRETARY MARGARITO TEVES, NATIONAL SECURITY ADVISER NORBERTO GONZALES, THE NATIONAL INTELLIGENCE COORDINATING AGENCY (NICA), THE NATIONAL BUREAU OF INVESTIGATION (NBI), THE BUREAU OF IMMIGRATION, THE OFFICE OF CIVIL DEFENSE, THE INTELLIGENCE SERVICE OF THE ARMED FORCES OF THE PHILIPPINES (ISAFP), THE ANTI-MONEY LAUNDERING COUNCIL (AMLC), THE PHILIPPINE CENTER ON TRANSNATIONAL CRIME, THE CHIEF OF THE PHILIPPINE NATIONAL POLICE GEN. OSCAR CALDERON, THE PNP, including its intelligence and investigative elements, AFP CHIEF GEN. HERMOGENES ESPERON, Respondents.cralaw

  • G.R. No. 164186 : October 4, 2010 FINANCIAL BUILDING CORPORATION, v. CORPORATION, BLOOMFIELD EDUCATIONAL FOUNDATION, INC., RODOLFO J. LAGERA, MA. ERLINDA J. LAGERA AND JOSAPHAT R. BRAVANTE, RUDLIN INTERNATIONAL Respondents. G.R. No. 164347 RUDLIN INTERNATIONAL CORPORATION, BLOOMFIELD EDUCATIONAL FOUNDATION, INC., RODOLFO J. LAGERA, MA. ERLINDA J. LAGERA AND JOSAPHAT R. BRAVANTE, Petitioners, v. FINANCIAL BUILDING CORPORATION, Respondent.cralaw D E C I S I O N

  • G.R. Nos. 158090 : October 4, 2010 GOVERNMENT SERVICE INSURANCE SYSTEM (GSIS), Petitioner, v. HEIRS OF FERNANDO F. CABALLERO, represented by his daughter, JOCELYN G. CABALLERO, Respondents.cralaw

  • A.C. No. 3872 : October 4, 2010 TRINIDAD IRORITA, Petitioner, v. ATTY. JIMMY LUCZON, Respondent.

  • G.R. No. 175501 : October 4, 2010 MANILA WATER COMPANY, INC., Petitioner, v. JOSE J. DALUMPINES, EMMANUEL CAPIT, ROMEO B. CASTOLONE, MELITANTE CASTRO, NONITO FERNANDEZ, ARNULFO JAMISON, ARTHUR LAVISTE, ESTEBAN LEGARTO, SUSANO MIRANDA, RAMON C. REYES, JOSE SIERRA, BENJAMIN TALAVERA, MOISES ZAPATERO, EDGAR PAMORAGA, BERNARDO S. MEDINA, MELENCIO M. BAONGUIS, JR., JOSE AGUILAR, ANGEL C. GARCIA, JOSE TEODY P. VELASCO, AUGUSTUS J. TANDOC, ROBERTO DAGDAG, MIGUEL LOPEZ, GEORGE CABRERA, ARMAN BORROMEO, RONITO R. FRIAS, ANTONIO VERGARA, RANDY CORTIGUERRA, and FIRST CLASSIC COURIER SERVICES, INC., Respondents.cralaw

  • G.R. No. 183626 : October 4, 2010 SURIGAO DEL NORTE ELECTRIC COOPERATIVE, INC. (SURNECO), Petitioner, v. ENERGY REGULATORY COMMISSION, Respondent.

  • G.R. No. 165876 : October 4, 2010 WESTMONT INVESTMENT CORPORATION, Petitioner, v. FARMIX FERTILIZER CORPORATION, PEARLBANK SECURITIES, INC., MANUEL N. TANKIANSEE and JUANITA U. TAN, Respondents.crala

  • [G. R. No. 3316-Paras : October 26, 2010] JOSE PNCE DE LEON, PLAINTIFF AND APPELLANT, VS. SANTIAGO SYJUCO, INC., DEFENDANT AND APPELLANT, PHILIPPINE NATIONAL BANK, DEFENDANT AND APPELLEE.

  • [A.M. No. RTJ-05-1924 (Formerly A.M. No. 04-10-568-RTC), October 13, 2010] RE: CASES SUBMITTED FOR DECISION BEFORE JUDGE DAMASO A. HERRERA, REGIONAL TRIAL COURT, BRANCH 24, BIÑAN, LAGUNA.

  • [G.R. No. 172394, October 13, 2010] H. TAMBUNTING PAWNSHOP, INC., PETITIONER, VS. COMMISSIONER OF INTERNAL REVENUE, RESPONDENT.