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Philippine Supreme Court Jurisprudence > Year 2010 > October 2010 Decisions > G.R. No. 176479 : October 6, 2010 RIZAL COMMERCIAL BANKING CORPORATION, Petitioner, v. PEDRO P. BUENAVENTURA, Respondent.cra:





 

SECOND DIVISION

G.R. No. 176479 : October 6, 2010

RIZAL COMMERCIAL BANKING CORPORATION, Petitioner, v. PEDRO P. BUENAVENTURA, Respondent.cralaw

R E S O L U T I O N

NACHURA, J.:

Before this Court is a Petition for Review on Certiorari under Rule 45 of the Rules of Court. Petitioner Rizal Commercial Banking Corporation (RCBC) assails the Decision1cra1aw dated November 21, 2006 and the Resolution2cra1aw dated January 30, 2007 of the Court of Appeals (CA) in CA-G.R. CV No. 82079.

Respondent Pedro P. Buenaventura and his first wife (now deceased) owned a townhouse unit in Casa Nueva Manila Townhouse, Quezon City. On December 27, 1994, they obtained a loan from petitioner. As security for the loan, they mortgaged the townhouse to petitioner.3cra1aw Under the loan agreement, respondent was to pay RCBC a fixed monthly payment with adjustable interest for five years. For this purpose, respondent opened an account with RCBCs Binondo branch from which the bank was to deduct the monthly amortizations.4chanroblesvirtuallawlibrary

On April 19, 1999, respondent received a Notice of Public Auction of the mortgaged townhouse unit. He wrote Atty. Saturnino Basconcillo, the notary public conducting the auction sale, demanding the cancellation of the auction sale. However, the notary public proceeded with the public sale on May 25, 1999, where RCBC emerged as the highest bidder. The Notary Publics Certificate of Sale was registered with the Register of Deeds on September 28, 2000.

On September 18, 2001, respondent filed with the Regional Trial Court (RTC) of Quezon City a complaint for Annulment of Sale and Damages against RCBC, notary public Saturnino Basconcillo, and the Registrar of Deeds of Quezon City. Respondent prayed that the RTC (1) annul the extra-judicial foreclosure and sale of the property; (2) cancel the Certificate of Sale; and (3) direct the payment of P170,000.00 as actual damages, P100,000.00 as moral damages, P50,000.00 as exemplary damages, P70,000.00 as attorneys fees, plus P2,500.00 for every court appearance of his counsel, and the costs of the suit.

RCBC failed to timely file an Answer and was declared in default. Based on respondents evidence, the RTC rendered a decision,5cra1aw the dispositive portion of which reads:chanroblesvirtualawlibrary

WHEREFORE, judgment is rendered:chanroblesvirtualawlibrary

1. Declaring the foreclosure sale of the plaintiffs (respondents) property covered by Transfer Certificate of Title No. 39234 of the Registry of Deeds of Quezon City conducted on May 25, 1999 by notary public ATTY. SATURNINO M. BASCONCILLO, and the resulting certificate of sale issued by said notary public on May 27, 1999 null and void and of no effect; and

2. Ordering RIZAL COMMERCIAL BANKING CORPORATION to pay to the plaintiff P100,000.00 as moral damages; P50,000.00 as exemplary damages; P70,000.00 as actual damages; and the costs of suit; and

3. Dismissing the complaint as against ATTY. SATURNINO M. BASCONCILLO and the REGISTRAR OF DEEDS OF QUEZON CITY.

SO ORDERED.6chanroblesvirtuallawlibrary

The RTC found that respondent made regular payments of the monthly amortizations as they fell due, as evidenced by his passbooks and the various deposit slips acknowledged by RCBC.7cra1aw The RTC also found that RCBCs own computer-generated amortization schedule showed that no balance was due respondent after his last payment on March 27, 2000.8chanroblesvirtuallawlibrary

RCBC filed a motion for reconsideration. It was denied in a resolution9cra1aw dated February 11, 2004.

RCBC then appealed to the CA. In the assailed November 21, 2006 Decision,10cra1aw the CA affirmed the RTCs decision with modification, deleting the award of moral and exemplary damages.

The CA ruled that the foreclosure sale was premature. It held that respondent made valid and sufficient payments on his loan obligation. It found respondents evidence as sufficient proof to negate default on his part in paying the monthly amortizations. It noted that sometime in September 1996, RCBC sent respondent a letter informing the latter of past due accounts since January 27, 1996, which would warrant the application of the acceleration clause. The CA, however, deemed the same to have been "cured" by a subsequent Amortization Schedule given by the bank to respondent stating that, as of March 27, 2000, he no longer had an unpaid balance on his loan. The CA said this clearly suggests the uninterrupted receipt by RCBC of the installments, thus, negating the claim that respondent was in default. It also noted respondents evidence (his passbooks) which indicated that he had sufficient funds to cover the remaining balance of his loan at the time of the foreclosure sale. Moreover, the CA said that based on the term of the loan (April 27, 1995 to March 27, 2000), the loan was not yet due and demandable at the time of the foreclosure.

On the other hand, the CA found the award of moral and exemplary damages unwarranted. It held that since respondent irregularly paid his monthly amortizations, RCBC did not act maliciously and in bad faith when it initiated the foreclosure proceedings.

RCBC moved for reconsideration of the Decision, but it was denied in a Resolution dated January 30, 2007.

In this petition, RCBC argues that the CA Decision is not in accord with law and applicable jurisprudence. In particular, it assails the CAs finding that respondent was not in default at that time of the foreclosure of the mortgage. It says that the foreclosure sale was done in the lawful exercise of its right as mortgagee of the property as, at the time of the foreclosure sale, respondent had unpaid amortizations. The bank points out that respondent made payments until March 2000, but these payments were not withdrawn by the bank and credited to respondents loan payments but remained in his account.

In his Comment, respondent avers that he never received a copy of petitioners Motion for Extension of Time to file the Petition for Review in violation of Rule 45, Section 2. Thus, he argues that the motion is without legal effect, and therefore, the petition has been filed out of time. He also alleges that the petition lacks the requisite affidavit of material dates. Respondent likewise posits that the petition does not raise questions of law. He argues that the issue raised by petitioner, while purportedly a question of law, in reality questions the sufficiency of evidence relied upon by both the trial court and the CA, which this Court has held in the past to be a question of fact.

In its Reply, petitioner counters respondents arguments by saying that the issue it raised whether respondents subsequent payment of unpaid amortizations done after the foreclosure and public sale of the property invalidates the extra-judicial foreclosure and public sale proceedings is a purely legal question.

The petition lacks merit and must be denied.

Clearly, the petition disputes the factual findings of the CA,11cra1aw which, in turn, merely affirmed the factual findings of the RTC.

It is settled that factual findings of the trial court, when adopted and confirmed by the CA, are binding and conclusive on this Court and will generally not be reviewed on appeal. Inquiry into the veracity of the CAs factual findings and conclusions is not the function of the Supreme Court, because this Court is not a trier of facts. Neither is it our function to reexamine and weigh anew the respective evidence of the parties.12chanroblesvirtuallawlibrary

While it is true that there are well-established exceptions to this principle, petitioner in this case has failed to show that this case falls under one of such exceptions.

The RTC and the CA both found that respondent was not in default on the monthly payments of his loan obligation.

These findings are supported by the evidence on record.

At the time of foreclosure April 1999 respondents savings account deposits showed a balance of P852,913.26.13cra1aw This was more than enough to cover whatever amortizations were due from him at that time. Moreover, the Amortization Schedule shows that, as of April 27, 1999, respondents loan account with the bank totaled only P269,023.38.14cra1aw The same schedule shows that, by March 27, 2000, he had "0.00" balance left to pay,15cra1aw meaning he had paid his loan in full.

Foreclosure is valid only when the debtor is in default in the payment of his obligation.16cra1aw It is a necessary consequence of non-payment of mortgage indebtedness. As a rule, the mortgage can be foreclosed only when the debt remains unpaid at the time it is due.17chanroblesvirtuallawlibrary

In a real estate mortgage, when the principal obligation is not paid when due, the mortgagee has the right to foreclose on the mortgage, to have the property seized and sold, and to apply the proceeds to the obligation.18chanroblesvirtuallawlibrary

RCBCs own Amortization Schedule readily shows the applicability of Article 1176 of the Civil Code, which states:chanroblesvirtualawlibrary

Art. 1176. The receipt of the principal by the creditor, without reservation with respect to the interest, shall give rise to the presumption that the said interest has been paid.

The receipt of a later installment of a debt without reservation as to prior installments, shall likewise raise the presumption that such installments have been paid.19chanroblesvirtuallawlibrary

Respondents passbooks indicate that RCBC continued to receive his payments even after it made demands for him to pay his past due accounts, and even after the auction sale.

RCBC cannot deny receipt of the payments, even when it claims that the deposits were "not withdrawn."20cra1aw It is not respondents fault that RCBC did not withdraw the money he deposited. His obligation under the mortgage agreement was to deposit his payment in the savings account he had opened for that purpose, in order that RCBC may debit the amount of his monthly liabilities therefrom. He complied with his part of the agreement.

This bolsters the conclusion of the CA that respondent had no unpaid installments and was not in default as would warrant the application of the acceleration clause and the subsequent foreclosure and auction sale of the property.

WHEREFORE, the foregoing premises considered, the petition is DENIED. The Decision dated November 21, 2006 and the Resolution dated January 30, 2007 of the Court of Appeals in CA-G.R. CV No. 82079 are hereby AFFIRMED.

SO ORDERED.

ANTONIO EDUARDO B. NACHURA**
Associate Justice
Acting Chairperson

WE CONCUR:

PRESBITERO J. VELASCO, JR.*
Associate Justice

DIOSDADO M. PERALTA
Associate Justice
JOSE CATRAL MENDOZA
Associate Justice

MARIA LOURDES P.A. SERENO***
Associate Justice

A T T E S T A T I O N

I attest that the conclusions in the above Resolution had been reached in consultation before the case was assigned to the writer of the opinion of the Courts Division.

ANTONIO EDUARDO B. NACHURA
Associate Justice
Acting Chairperson, Second Division

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

Pursuant to Section 13, Article VIII of the Constitution and the Division Acting Chairperson's Attestation, I certify that the conclusions in the above Resolution 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:

* Additional member in lieu of Associate Justice Antonio T. Carpio per Special Order No. 897 dated September 28, 2010.

** In lieu of Associate Justice Antonio T. Carpio per Special Order No. 898 dated September 28, 2010.

*** Additional member in lieu of Associate Justice Roberto A. Abad per Special Order No. 903 dated September 28, 2010.

1cra1aw Penned by Associate Justice Jose C. Reyes, Jr., with Associate Justices Edgardo P. Cruz and Enrico A. Lanzana, concurring; rollo, pp. 41-52.

2cra1aw Id. at 54.

3cra1aw Id. at 9.

4cra1aw CA rollo, p. 45.

5cra1aw Penned by Judge Lucas P. Bersamin (now a member of this Court); id. at 45-48.

6cra1aw Id. at 48.

7cra1aw Id. at 46.

8cra1aw Id.

9cra1aw Penned by Judge Hilario L. Laqui; id. at 49-51.

10cra1aw Supra note 1.

11cra1aw Rollo, p. 29.

12cra1aw Development Bank of the Philippines v. Licuanan, G.R. No. 150097, February 26, 2007, 516 SCRA 644, 651. (Citations omitted.)

13cra1aw Records, p. 224.

14cra1aw Id. at 225.

15cra1aw Id.

16cra1aw Development Bank of the Philippines v. Licuanan, supra note 12, at 650, citing State Investment House, Inc. v. Court of Appeals, 215 SCRA 734, 744 (1992).

17cra1aw Producers Bank of the Phil. v. Court of Appeals, 417 Phil. 646, 656 (2001).

18cra1aw BPI Family Savings Bank, Inc. v. Sps. Veloso, 479 Phil. 627, 632 (2004); China Banking Corp. v. CA, 333 Phil. 158, 171 (1996).

19cra1aw Emphasis supplied.

20cra1aw Rollo, p. 33.




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  • 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

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