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Philippine Supreme Court Jurisprudence > Year 2010 > October 2010 Decisions > G.R. No. 161934 : October 6, 2010 VARORIENT SHIPPING CO., INC., and.,d ARIA MARITIME CO., LTD., Petitioners, v. GIL A. FLORES, Respondent.cr:




 

SECOND DIVISION

G.R. No. 161934 : October 6, 2010

VARORIENT SHIPPING CO., INC., and.,d ARIA MARITIME CO., LTD., Petitioners, v. GIL A. FLORES, Respondent.cralaw

D E C I S I O N

PERALTA, J.:

Before the Court is a petition for review on certiorari seeking to set aside the Decision1cra1aw dated February 28, 2003, of the Court of Appeals (CA) in CA-G.R. SP. No. 55512, entitled Varorient Shipping Co., Inc. and Aria Maritime Co., Ltd. v. National Labor Relations Commission, Third Division and Gil A. Flores, which affirmed with modification the Decision2cra1aw dated May 25, 1999, and Resolution3cra1aw dated August 18, 1999, of the National Labor Relations Commission (NLRC) in NLRC CN OCW RAB-IV-9-917-97-C, and its Resolution4cra1aw dated January 29, 2004, denying petitioners motion for reconsideration thereof. The assailed CA Decision ordered petitioners Varorient Shipping Co., Inc. and Aria Maritime Co., Ltd., jointly and severally, to pay respondent Gil A. Flores the balance of sickness wages in the amount of US$3,790.00, or its peso equivalent at the time of actual payment, and to reimburse his medical and surgical expenses in the total amount of P15,373.26, instead of P13,579.76. However, it dismissed all the other claims of respondent for lack of merit.

The antecedent facts are as follows:chanroblesvirtualawlibrary

On April 7, 1997, petitioners employed respondent, in behalf of its foreign principal, Aria Maritime Co., Ltd. of Piraeus, Greece, for the position of Chief Officer on board M/V Aria, per Contract of Employment5cra1aw dated April 7, 1997, duly approved by the Philippine Overseas Employment Administration (POEA), for a period of 12 months, with a basic monthly salary of US$1,200.00 at 48 hours of work weekly, overtime pay of US$600.00, allowance of US$200.00, and vacation leave with pay of 30 days a year (or US$100.00 a month) or pro-rata. The total fixed monthly salary of respondent was US$2,100.00.

On April 16, 1997, he was deployed aboard M/V Aria in Bangkok, Thailand. During his employment, the master of the vessel sent respondent to the Centre Medical de Ngodi at Doula, Cameroon, where he was treated for three days due to the shooting pain in the lower extremities, particularly on his right foot. In the Medical Certificate6cra1aw dated June 19, 1997, the attending physician, Dr. R. Mongouè Tchouakẻ, stated that he diagnosed respondent's pain on the right foot as "sciatic neuralgia" and administered "[drips], injection, and acupuncture." Respondent was declared not fit to work. The doctor recommended respondents repatriation to the Philippines for continuing treatment.

On June 21, 1997, respondent was repatriated to the Philippines. When he reported back to work, he was referred to the company physician, Dr. John H.E. Cusi who, in turn, referred him to Dr. Irene B. Roman-Igual, a neurologist at Makati Medical Center. On June 30, 1997, respondent was subjected to the Computed Tomography Scan (CT Scan), which yielded the following results:chanroblesvirtualawlibrary

CT scan examination of the lumbosacral spine demonstrates a large disc herniation ventral and right lateral at the L5-S1 level encroaching into the right neural exit foramina. There is compression of the right nerve root at the same L5-S1 level.

Smaller disc protrusion is also noted ventral and bilateral at the L4-L5 interspace level obliterating the underlying epidural fatty plane.

The right nerve root appears relatively swollen when compared with the left at the L5-S1.

The ligamentum flavum, however, is not hypertrophic.

The vertebral bodies, pedicles, laminae, facets and sacro-iliac joints are intact.

There is straightening of the lumbar curvature, but with no compression deformities nor spondylolisthesis.

IMPRESSION: Large disc herniation, ventral and right lateral at the L5-S1 level with secondary right nerve root compression and edema. Small disc protrusion also noted ventral and bilateral at the L4-L5.7chanroblesvirtuallawlibrary

Dr. Igual observed that the "CT scan showed large disc herniation L5-S1 with 2 nerve root compression and edema" and recommended respondents "confinement for at least two weeks for P.T. [physical therapy] and medications; if not resolved, may need surgical decompression."8chanroblesvirtuallawlibrary

In a letter9cra1aw to petitioner Varorient dated July 29, 1997, respondent, through his counsel, stated that due to the gross and evident bad faith of petitioners in refusing to grant him continued medical assistance until he becomes fit to work, as recommended by their company doctors, he was forced to seek medical treatment at his own expense.10cra1aw Respondent demanded that petitioners should provide him medical treatment and pay him sickness wages and disability compensation, within five (5) days from receipt of the letter; otherwise, he would be constrained to institute appropriate legal action against them.

In a Certification11cra1aw dated November 7, 1997, Dr. Copernico J. Villaruel, Jr., attending orthopedic surgeon at the Philippine General Hospital, stated that respondent has been admitted under his care from October 9 to 10, 1997 for hemilaminectomy and foraminotomy of L4-L5 and L5-SI, due to the pain in his right foot, and that respondent is now fit to go back to work.

Acting on the endorsement letter12cra1aw dated November 24, 1997 by Labor Arbiter Pedro C. Ramos, Dr. Francisco A. Estacio, Chief of the Medical and Rehabilitation Division of the Employees Compensation Commission (ECC), submitted the Disability Evaluation Report13cra1aw dated December 15, 1997, conducted on the health condition of respondent, with the following findings:chanroblesvirtualawlibrary

PHYSICAL EXAMINATION:chanroblesvirtualawlibrary

- Fairly developed fairly nourished

- Head, Eyes, Ears, Nose, and Throat no abnormal findings

- Heart and lungs no rales and no murmur appreciated

- Abdomen no abnormal finding

- Extremities no limitation of movements, no atrophy of muscles.

DIAGNOSIS:chanroblesvirtualawlibrary

- Large Herniated Disc L5 S1, with Nerve Roat Compression and Edema

- Small Disc Protrusion, L4 L5

RECOMMENDATION:chanroblesvirtualawlibrary

Based on ECC Schedule of Compensation, the Complainant deserves to receive daily income benefit for the loss of income he incurred from June 1997 to November 1997, plus reimbursement of hospital and medical expenses for his injury, Herniated Disc.

On September 19, 1997, respondent filed a Complaint14cra1aw against petitioners, alleging that (1) per his employment contract, he boarded M/V Aria at Bangkok, Thailand on April 16, 1997; (2) prior to his deployment, he was employed by petitioner for the past 12 years; (3) during his employment and while in the performance of his duties, he suffered injuries consisting of "large disc herniation, ventral and right lateral at the L5-S1 level with secondary right and nerve root compression and edema, small disc protrusion also noted at ventral and bilateral at the L4-L5"; (4) due to petitioners refusal to provide for his medical treatment and continued failure to pay his sickness wages amounting to US$4,800.00, he was constrained to provide for his own medical expenses; (5) his injuries constituted permanent and total disability which, under POEA Memorandum Circular No. 5, series of 1994, would make petitioners liable for disability benefits under his employment contract in the amount of US$60,000.00; and (6) his injury or disability was directly and proximately due to the direct and vicarious acts of negligence of petitioners and their agents. Respondent prayed that judgment be rendered, declaring petitioners liable to reimburse his medical and hospital expenses in the total amount of P103,969.00 and to pay him disability benefits in the amount of US$60,000.00, sickness wages of US$4,800.00, compensatory damages of US$604,800.00 (this amount was reduced to US$13,370.00 in his Position Paper), moral damages of P1,100,000.00, and exemplary damages and attorneys fees in such an amount as the labor arbiter may deem proper.

In his Position Paper,15cra1aw respondent sought reimbursement of his medical expenses and asserted that petitioners are liable to pay him sickness wages, compensatory damages, moral damages, and attorney's fees. However, respondent withdrew his claim for disability benefits with reservation to re-file a complaint should there be a recurrence of his injury.

In their Position Paper,16cra1aw petitioners countered that respondent is not entitled to the benefits arising from his alleged permanent and total disability as he was later declared to be fit to work per Certification dated November 7, 1997 by Dr. Copernico J. Villaruel, Jr., the attending orthopedic surgeon at the Philippine General Hospital; that respondent can no longer seek continuation of his medical treatment and claim for sickness wages and reimbursement of medical expenses because upon his repatriation, he had received the amount of US$1,010.00 (or the equivalent then of about P40,400.00) as settlement for his sickness wages and other benefits, as evidenced by the Receipt and Quitclaim17cra1aw dated June 25, 1997, executed by respondent; and that respondent is not entitled to moral and exemplary damages and attorney's fees. By way of counterclaim, they sought recovery of litigation expenses, actual damages, and attorney's fees in an amount not less than P20,000.00 and, also, exemplary damages in an amount at the discretion of the labor arbiter.

In their Supplement to Position Paper,18cra1aw petitioners averred that respondent sought another employment with Tara Trading Shipmanagement, Inc. (for and in behalf of Amethyst Shipping Co.), on board M/V Luna Azul, for a period of twelve (12) months, with a basic monthly salary of US$967.00 at 48 hours of work weekly, overtime pay of US$535.00/month (US$6.24 per hour beyond 105 hours), and vacation leave with pay of 3 days a year (or US$98.00 a month), as evidenced by his Contract of Employment,19cra1aw Seafarer Info-Sheet20cra1aw and POEA Overseas Employment Certificate.21chanroblesvirtuallawlibrary

On September 7, 1998, Acting Executive Labor Arbiter Pedro C. Ramos dismissed respondent's complaint for permanent and total disability benefits, sickness wages and all other claims and, likewise, petitioners' counterclaim for damages, for lack of merit. The labor arbiter found that petitioners have substantially complied with all their obligations to

respondent under the POEA-approved employment contract. He debunked respondent's claim for permanent and total disability benefits because respondent had been duly proven and declared to be "fit to work" not only by the hospital of his choice, i.e., Philippine General Hospital, but also by the Employees Compensation Commission (ECC); that respondent withdrew his claim during the pendency of the proceedings, although with reservation to re-file the same; and that respondent is now on board M/V Luna Azul on an overseas deployment. He upheld the validity of the Receipt and Quitclaim executed by respondent and stated that respondent had received reimbursement of his medical expenses in the amount P4,896.50. He declared that respondent is no longer entitled to sickness wages as it would amount to double recovery of benefits, as provided for under Paragraph 11, Section 4 of the POEA Standard Employment Contract.

On May 25, 1999, the NLRC rendered a Decision which reversed and set aside the Decision of the labor arbiter. It ruled that respondent is entitled to sickness wages and to free medical and hospital treatment for the injury he sustained during the term of his contract, pursuant to Section C 4(b) and (c), Part II of the Standard Employment Contract Governing All Filipino Seamen On Board Ocean-Going Vessels, which obligates the employer to: (1) provide continuous medical treatment to the repatriated injured seaman until such time he is declared fit or the degree of his disability has been established by the company-designated physician; and (2) pay the injured seaman one hundred percent (100%) of his basic wages from the time he leaves the vessel for treatment until he is declared fit to work, but in no case shall this period exceed 120 days. The NLRC observed that petitioners cannot be considered to have adequately discharged their obligation in providing continuous treatment for respondent, as they failed to follow through their company-designated physicians recommendation, which required respondent to undergo a two-week confinement and physical therapy and, if the injury remains unresolved, for respondent to have surgical decompression. As a consequence, respondent was constrained to seek treatment and surgery from a doctor other than the company-designated physician. The NLRC also declared that respondent is entitled to sickness wages equivalent to 120 days in the amount of US$4,800.00, less the amount of US$1,010.00 which he had received, as full settlement of the claim from the petitioners, per Receipt and Quitclaim dated June 25, 1997, or a net total of US$3,790.00. However, the NLRC denied respondent's claim for compensatory damages, as the contractual benefit of sickness wages provided for under the Standard Contract is already a compensatory measure intended to assist the injured seaman during the term of his contract. The dispositive portion of the Decision reads:chanroblesvirtualawlibrary

WHEREFORE, the decision appealed from is hereby SET ASIDE. Respondents Varorient Shipping Co., Inc. and Aria Maritime Co., Ltd., are, jointly and severally, ordered to pay complainant Gil A. Flores the Philippine Peso equivalent at the time of actual payment of THREE THOUSAND SEVEN HUNDRED NINETY US DOLLARS (US$3,790.00), plus THIRTEEN THOUSAND FIVE HUNDRED SEVENTY-NINE and 76/00 PESOS (P13,579.76), representing the balance of the sickness wages and reimbursement of medical and surgical expenses.

All other claims are DISMISSED for lack of merit.

SO ORDERED.22chanroblesvirtuallawlibrary

Both parties filed their respective motions for reconsideration. Petitioners sought exoneration from liability, while respondent averred that the NLRC erred in excluding certain items or receipts from the reimbursable medical expenses, deducting US$1,010.00 from the award of sickness wages, not holding petitioners liable for his entire wages up to the time he would be employed with another company, and not awarding him compensatory and moral damages and attorneys fees.

The NLRC denied respondent's motion for reconsideration in a Resolution dated June 30, 1999 and, likewise, petitioners' motion for reconsideration in its Resolution dated August 18, 1999.

On petition for review by petitioners, the CA affirmed the Decision dated May 25, 1999 and the Resolution dated August 18, 1999 of the NLRC with the following disposition:chanroblesvirtualawlibrary

WHEREFORE, the Decision of the National Labor Relations Commission dated May 25, 1999 is AFFIRMED with MODIFICATION. Petitioners Varorient Shipping Co., Inc. and Aria Maritime Co., Ltd., are, jointly and severally, ordered to pay private respondent Gil A. Flores:

1) the balance of sickness wages in the amount of US$3,790.00, or its peso equivalent at the time of actual payment; and

2) reimbursement of medical and surgical expenses in the total amount of P15,373.26, instead of P13,579.76.

All other claims are DISMISSED for lack of merit.23chanroblesvirtuallawlibrary

As the CA denied their motion for reconsideration in the Resolution dated January 29, 2004, petitioners filed this present petition.

Petitioners contend that respondent is not entitled to sickness wages, as this would be tantamount to unjust enrichment and double recovery on the part of respondent. They maintain that they had paid him US$1,010.00 as full payment of his salaries and benefits, including his medical treatment and, by reason thereof, respondent executed the Receipt and Quitclaim. They also claim that prior to his departure from the country and actual deployment overseas, respondent and his wife received financial accommodations in the form of cash advances, i.e., US$1,000.00, per cash voucher dated April 16, 1997, signed by respondent; and US$2,790.00, per cash voucher dated April 21, 1997, signed by Crisanta Flores (wife of respondent), or the total amount of US$3,790.00. According to petitioners, since the amount of US$3,790.00 remained unpaid by respondent and his wife, therefore, they can properly offset the said amount with the sickness wages they would be paying to respondent.

Respondent denies that he and his wife were given cash advances while he was on board; that he had received the amount of US$1,010.00 from the petitioners as settlement of all his claims; and that the Receipt and Quitclaim dated June 25, 1997, allegedly executed by him, was a falsified document as the signature appearing therein was a forgery.

Contrary to petitioners' contention, respondent is entitled to sickness wages. The shooting pain on his right foot is an injury which he suffered during the course of his employment and, therefore, obligates petitioners to compensate him and provide him the appropriate medical treatment.

This is in consonance with the mandated provisions under Section 20 B (1), (2), (3), (4), and (5) of the Standard Terms and Conditions Governing the Employment of Filipino Seafarers On Board Ocean-Going Vessels,24cra1aw pursuant to Department Order No. 4, series of 2000, of the Department of Labor and Employment (by then Secretary Bienvenido E. Laguesma), adopted on May 31, 2000, which provides that:chanroblesvirtualawlibrary

SECTION 20. COMPENSATION AND BENEFITS

B. COMPENSATION AND BENEFITS FOR INJURY OR ILLNESS

The liabilities of the employer when the seafarer suffers work-related injury or illness during the term of his contract are as follows:chanroblesvirtualawlibrary

1. The employer shall continue to pay the seafarer his wages during the time he is on board the vessel;

2. If the injury or illness requires medical and/or dental treatment in a foreign port, the employer shall be liable for the full cost of such medical, serious dental, surgical and hospital treatment, as well as board and lodging, until the seafarer is declared fit to work or to be repatriated.

However, if after repatriation, the seafarer still requires medical attention arising from said injury or illness, he shall be so provided at cost to the employer until such time he is declared fit or the degree of his disability has been established by the company-designated physician.

3. Upon sign-off from the vessel for medical treatment, the seafarer is entitled to sickness allowance equivalent to his basic wage until he is declared fit to work, or the degree of permanent disability has been assessed by the company-designated physician, but in no case shall this period exceed one hundred twenty (120) days.

For this purpose, the seafarer shall submit himself to a post-employment medical examination by a company-designated physician within three working days upon his return, except when he is physically incapacitated to do so, in which case a written notice to the agency within the same period is deemed as compliance. Failure of the seafarer to comply with the mandatory reporting requirement shall result in his forfeiture of the right to claim the above benefits.

If a doctor appointed by the seafarer disagrees with the assessment,

a third doctor may be agreed jointly between the employer and the seafarer. The third doctor's decision shall be final and binding on both parties.

4. Those illnesses not listed in Section 32 of this Contract are disputably presumed as work related.

5. Upon sign-off of the seafarer from the vessel for medical treatment, the employer shall bear the full cost of repatriation in the event the seafarer is declared (1) fit for repatriation; or (2) fit to work, but the employer is unable to find employment for the seafarer on board his former vessel or another vessel of the employer despite earnest efforts.

6. In case of permanent total or partial disability of the seafarer caused by either injury or illness, the seafarer shall be compensated in accordance with the schedule of benefits enumerated in Section 32 of his Contract. Computation of his benefits arising from an illness or disease shall be governed by the rates and the rules of compensation applicable at the time the illness or disease was contracted.

On June 21, 1997, respondent was repatriated to the Philippines and declared fit to work on November 7, 1997, or a total period of 141 days. Applying the said provisions of the Standard Contract, respondent is entitled to receive sickness wages, covering the maximum period of 120 days, or the amount of US$4,800.00. The NLRC, as affirmed by the CA, found that petitioners are liable to pay respondent the total amount of US$3,790.00 (US$4,800.00 less the amount of US$1,010.00 which he already received by virtue of the Receipt and Quitclaim dated June 25, 1997).

As pointed out by the CA, petitioners, in their motion for reconsideration of the NLRC Decision dated May 25, 1999, raised for the first time that they had given the amount of US$3,790.00 to respondent and belatedly submitted two (2) cash vouchers, i.e., US$1,000.00, dated April 16, 1997, which was signed by respondent; and US$2,290.00, dated April 21, 1997, which was signed by respondent's wife Cristina Flores, or a total of US$3,790.00. The CA observed that the said cash vouchers do not bear the name and logo of petitioners, unlike the check voucher they issued for the reimbursement of the medical expenses of respondent amounting to P4,896.50, and that these vouchers were supposedly already in existence or in the possession of the petitioners since April 1997, but they never interposed such fact in their pleadings, e.g., Position Paper, Supplement to Respondent's Position Paper, or Opposition to Complainant's Appeal. The Court sees no reason to disturb this factual finding.

Moreover, petitioners were remiss in providing continuous treatment for respondent in accordance with the recommendation of their company physician that respondent should undergo a two-week confinement and physical therapy and, if his condition does not improve, then he would have to be subjected to surgical decompression to alleviate the pain on his right foot. Respondent's ailment required urgent medical response, thereby necessitating him to seek immediate medical attention, even at his own expense. The CA enumerated the medical expenses of respondent for which petitioner would be liable. Thus,

[w]hile we agree substantially with the NLRCs decision in allowing the reimbursement of P13,579.76, we disagree with its findings that the receipts for medicines were not covered by prescriptions. Dr. Irene Igual recommended the continued use of neo-pyrozon, ne[u]robin, and myonal [and], thus, respondent should accordingly be reimbursed for the purchase of these medicines. The records disclose the following purchases:chanroblesvirtualawlibrary

1. Mercury Drug Receipt No. 535112 (Annex "F")
Myonal - P97.50
Neo-pyrozon - 71.50 < - s>P169.00
2. Mercury Drug Receipt No. 532746 (Annex "F-1")
Ne[u]robin - P76.00
Myonal - 97.50 - P173.50
3. Mercury Drug Receipt No. 533708 (Annex "F-2")
Neo-pyrazon - P71.50
Neurobin - 76.00
Myonal - 97.50 - P244.00
4. Mercury Drug Receipt No. 251929 (Annex "F-3")
Pyrazon - P71.50 - P71.50
5. Mercury Drug Receipt No. 251931 (Annex "F-4")
Myonal - P97.50 - P97.50
6. Mercury Drug Receipt No. 534528 (Annex "F-5")
Neo Pyrozon - P71.50
Myonal - 97.50 - P169.00
7. Mercury Drug Receipt No. 253117 (Annex "F-6")
Myobal - P97.50
Neo-Pyrozon - 71.50 - P169.00
TOTAL - P1,093.50

x x x x

In the same vein, receipt numbers 630 and 0091, issued by the offices of Dr. Betty Dy Mancao (Annex "F-40") and Dr. Copernico J. Villaruel (Annex "F-39") for P300.00 and P400.00, respectively, should be reimbursed to Flores. The PGH hospital bills do not include the doctors fee, thus, it is safe to conclude that the doctors who attended to Flores billed him personally. x x x

x x x x

In fine, private respondent is entitled to reimbursement of his medical expenses totalling P15,373.26.25chanroblesvirtuallawlibrary

In view of the foregoing, respondent should be reimbursed the amount of P13,579.76, representing the balance of the sickness wages due him, the cost of the prescribed medicines he purchased, and the surgical expenses he incurred, as evaluated by the CA.

Petitioners argue that the Receipt and Quitclaim sufficed to cover the balance of the sickness wages, after deducting the cash advances, which respondent would be entitled to; while respondent questions the veracity of the said document.

The Receipt and Quitclaim executed by respondent lacks the elements of voluntariness and free will and, therefore, does not absolve petitioners from liability in paying him the sickness wages and other monetary claims.

Although respondent avers that his signature on the said quitclaim was a forgery, the CA relied on the factual findings of the labor arbiter and the NLRC that gave credence to it. Thus, the matter to be resolved would be whether the Receipt and Quitclaim can be considered substantial compliance to the contractual obligation by petitioners under the standard employment contract.

In More Maritime Agencies, Inc. v. NLRC,26cra1aw the Court ruled that the law does not consider as valid any agreement to receive less compensation than what a worker is entitled to recover nor prevent him from demanding benefits to which he is entitled. Quitclaims executed by the employees are thus commonly frowned upon as contrary to public policy and ineffective to bar claims for the full measure of the workers legal rights, considering the economic disadvantage of the employee and the inevitable pressure upon him by financial necessity. Thus, it is never enough to assert that the parties have voluntarily entered into such a quitclaim. There are other requisites, to wit: (a) that there was no fraud or deceit on the part of any of the parties; (b) that the consideration of the quitclaim is credible and reasonable; and (c) that the contract is not contrary to law, public order, public policy, morals or good customs, or prejudicial to a third person with a right recognized by law.

A perusal of the provisions of the Receipt and Quitclaim shows that respondent would be releasing and discharging petitioners from all claims, demands, causes of action, and the like in an all-encompassing manner, including the fact that he had not contracted or suffered any illness or injury in the course of his employment and that he was discharged in good and perfect health. These stipulations clearly placed respondent in a disadvantageous position vis-á-vis the petitioners.

WHEREFORE, the petition is DENIED. The Decision dated February 28, 2003 and the Resolution dated January 29, 2004 of the Court of Appeals in CA-G.R. SP No. 55512, which affirmed with modification the Decision dated May 25, 1999 and Resolution dated August 18, 1999 of the National Labor Relations Commission, are AFFIRMED.

SO ORDERED.

DIOSDADO M. PERALTA
Associate Justice

WE CONCUR:

PRESBITERO J. VELASCO, JR.*
Associate Justice

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

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 Chairpersons Attestation, I certify 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:

* Designated as an additional member in lieu of Senior Associate Justice Antonio T. Carpio, per Special Order No. 897, dated September 28, 2010.

** Per Special Order No. 898, dated September 28, 2010.

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

1cra1aw Penned by Associate Justice Regalado E. Maambong, with Associate Justices Delilah Vidallon-Magtolis and Andres B. Reyes, Jr., concurring; rollo, pp. 34-48.

2cra1aw Penned by Commissioner Ireneo B. Bernardo, with Presiding Commissioner Lourdes C. Javier and Commissioner Tito F. Genilo, concurring; id. at 63-72.

3cra1aw CA rollo, pp. 30-31.

4cra1aw Rollo, pp. 51-52.

5cra1aw CA rollo, p. 63.

6cra1aw Id. at 64.

7cra1aw Id. at 65.

8cra1aw Id. at 66.

9cra1aw Id. at 67-68.

10cra1aw The Summary of Medical Expenses incurred were: Mercury Drug medicines P4,218.20; Perpetual Help Medical Center - P4,030.00; Doctor's Blood Center, Surgicare Corporation, and Philippine General Hospital P1,573.25; and Doctor's Fees and hospital bills (Philippine General Hospital) P84,147.76. The total amount of the medical, hospital, doctor's fees and allied expenses was P93,969.21. (Id. at 69-70).

11cra1aw CA rollo, p. 88.cralaw

12cra1aw Id. at 87. The text of the letter request reads: For and in behalf of Mr. Gil Flores, complainant in NLRC Case No. OCW RAB-IV-9-917-97-C, entitled: Gil A. Flores vs. Varorient Shipping Co., Inc. and Aria Maritime Co., Ltd., his medical check-up is hereby requested to determine the degree of his disability needed in the resolution of his complaint for disability benefits and sickness wages, as well as whether or not medical treatment on him is still required and reimbursement of his medical expenses that [may be] incurred in connection with his alleged ailment, against respondent Varorient Shipping Co., Inc. and Aria Maritime Co., Ltd. arising from his employment as seaman (Chief Officer).

13cra1aw Id. at 71-72.

14cra1aw Id. at 45-51.

15cra1aw Id. at 52-62.

16cra1aw Id. at 73-84

17cra1aw Id. at 92. The pertinent portions of the Receipt and Quitclaim state:chanroblesvirtualawlibrary

RECEIPT AND QUITCLAIM

KNOW ALL MEN BY THESE PRESENTS:

I, GIL FLORES, with a rank of CHIEF OFFICER and presently residing at B-3L-6 Camella Homes, Mambog, Bacoor, Cavite, do hereby acknowledge receipt of the amount of USD$1,010.00 or its Peso Equivalent to my full satisfaction, in complete and final settlement of my wages, bonuses, overtime pay, leave pay, allotments and all other entitlements due to me as a result of my services rendered and employment on board the vessel M/V ARIA.

I hereby declare and confirm that I have no other claims whatsoever against said vessel, her Master, Owners, Operators and Agents and I hereby discharge and release them from any liability/ies.

I certify and confirm that I have worked on board the said vessel under normal conditions and that I have not contracted or suffered any illness or injury from my work and that I was discharged in good and perfect health. I further certify that with this RECEIPT AND QUITCLAIM, I waived the unexpired portion of my contract.

I agree further, that this RECEIPT AND QUITCLAIM may be pleaded as an absolute and final bar to any complaint or legal proceeding that may hereafter be prosecuted by me. And that, I hereby certify that I have read this RECEIPT AND QUITCLAIM before signing the same and that I fully understand the contents thereof.

IN WITNESS WHEREOF. I have hereunto sign this RECEIPT AND QUITCLAIM with my own free will and volition on this 25th day of June, 1997 at Makati City, Philippines.

(Signed)
GIL FLORES
Seaman

SIGNED IN THE PRESENCE OF:chanroblesvirtualawlibrary

_____________________________

18cra1aw Id. at 93-95.

19cra1aw Id. at 96.

20cra1aw Id. at 97.

21cra1aw Id.

22cra1aw Rollo, pp. 71-72.

23cra1aw Id. at 48.

24cra1aw This is the revised version of the "Standard Employment Contract Governing the Employment of All Filipino Seamen On Board Ocean-Going Vessels" of 1989 and the "Revised Standard Employment Terms and Conditions Governing the Employment of Filipino Seafarers On Board Ocean-Going Vessels," per Department of Labor and Employment Department Order No. 33, Series of 1996, (approved by the POEA and effective on January 1, 1997) and POEA Memorandum Circular No. 055-96, issued by Administrator Felicisimo O. Joson, Jr. and adopted on December 16, 1996.

25cra1aw Rollo, pp. 43-45.

26cra1aw 366 Phil. 646, 653-654 (1999).




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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.