Philippine Supreme Court Jurisprudence


Philippine Supreme Court Jurisprudence > Year 2011 > June 2011 Decisions > [G.R. No. 187640 : June 15, 2011] PHILIPPINE NATIONAL BANK, PETITIONER, VS. THE SPS. ANGELITO PEREZ AND JOCELYN PEREZ, RESPONDENTS. [G.R. NO. 187687] SPS. ANGELITO PEREZ AND JOCELYN PEREZ, PETITIONERS, VS. PHILIPPINE NATIONAL BANK, RESPONDENT. :




FIRST DIVISION

[G.R. No. 187640 : June 15, 2011]

PHILIPPINE NATIONAL BANK, PETITIONER, VS. THE SPS. ANGELITO PEREZ AND JOCELYN PEREZ, RESPONDENTS.

[G.R. NO. 187687]

SPS. ANGELITO PEREZ AND JOCELYN PEREZ, PETITIONERS, VS. PHILIPPINE NATIONAL BANK, RESPONDENT.

D E C I S I O N


VELASCO JR., J.:

Before Us are two Petitions for Review on Certiorari under Rule 45 docketed as G.R. No. 187640 and G.R. No. 187687, seeking the review of the Decision and Resolution of the Court of Appeals (CA) dated October 23, 2008 and April 28, 2009, respectively, in CA-G.R. SP No. 96534. We consolidated the two cases as they involve identical parties, arose from the same facts, and raise interrelated issues.

The Facts

In 1988, spouses Angelito Perez and Jocelyn Perez (Spouses Perez) obtained a revolving credit line from Philippine National Bank's (PNB's) branch in Cauayan City, Province of Isabela. The credit line was secured by several chattel mortgages over palay stocks inventory and real estate mortgages over real properties.

Sometime in 2001, Spouses Perez defaulted on their financial obligations, prompting PNB to institute extra-judicial foreclosure proceedings over the aforementioned securities on November 13 of that year. On November 19, 2001, the sheriff instituted a Notice of Extra-Judicial Sale for the mortgaged properties by public auction on December 20, 2001.

Meanwhile, on November 26, 2001, Spouses Perez filed an Amended Complaint for Release or Discharge of Mortgaged Properties, Breach of Contract, Declaration of Correct Amount of Obligation, Injunction, Damages, Annulment of Sheriff's Notice of Extra-Judicial Sale, with a Prayer for the Issuance of a Preliminary Mandatory Injunctive Writ and a Temporary Restraining Order docketed as Civil Case No. 20-1155. [1]

At the hearing of the application for the issuance of a writ of preliminary mandatory injunction on April 19, 2002, Spouses Perez and their counsel failed to appear. As a result, the prayer for injunctive relief was denied.

Similarly, at the pre-trial conference scheduled on September 19, 2002, Spouses Perez and their counsel again failed to appear. Spouses Perez alleged that they previously filed a Motion for Postponement dated August 28, 2002. On the same date, the trial court issued an Order denying the Motion for Postponement and, accordingly, dismissed the case.

Spouses Perez then filed a Motion for Reconsideration which was subsequently denied. They also filed a Second Motion for Reconsideration dated January 16, 2003 which was also denied by the trial court.

After this, Spouses Perez filed a Notice of Appeal. It was also denied by the trial court in an Order dated April 11, 2003 for being filed out of time. Spouses Perez then filed a Motion for Reconsideration dated April 29, 2003 seeking the reconsideration of the Order dismissing the appeal.

The Motion for Reconsideration dated April 29, 2003 was originally set for hearing on July 30, 2003. However, Spouses Perez filed five (5) motions to postpone the hearing. The trial court granted the first four (4) motions but denied the fifth one. Spouses Perez filed a Motion for Reconsideration of the Order denying the fifth Motion for Postponement which was also subsequently denied.

Consequently, Spouses Perez appealed the denial of their Motion for Reconsideration to the CA. The petition was docketed as CA-G.R. SP No. 85491. On January 25, 2005, the CA rendered a Decision denying the petition filed by Spouses Perez. It reasoned:

Neither did respondent court gravely abuse its discretion in resolving to dismiss Civil Case No. 20-1155 for failure of the plaintiffs and their time, allegedly because their counsel had to attend a pre-trial hearing in another case. True is it that procedural rules may be relaxed to relieve a litigant of an injustice not commensurate with the degree of his noncompliance with the procedure required. But equally true is it that the law mandates that the appearance of parties at the pre-trial conference is mandatory. Here, as borne out by the records of this case, counsel for petitioners received the notice of pre-trial conference in another case a long while before they were notified of the pre-trial conference in the case at bench. As shown in the notice dated August 15, 2002, counsel already knew that the pre-trial conference in the present case was set for September 19, 2002. By the time he received the notice of pre-trial hearing in the case at bench on August 22, 2002, counsel thus must have seen and realized the obvious conflict in schedules between the two cases. However, instead of taking timely measures to prevent an impending snafu, it took counsel more than a week to file a motion for postponement of the pre-trial conference in Civil Case No. 20-1155. Worse, although received by respondent court on September 3, 2002, that motion did not contain any request that said motion be scheduled for hearing. Equally distressing, it is not clearly shown that the requirement on notice to the other party was likewise complied with. Counsel evidently failed to take into account the fact that, just like him, the court must need also to calendar its own cases. Further, as stressed by respondent court in its challenged order of September 19, 2002, petitioners' counsel works for a law firm staffed by several lawyers, and any of these lawyers could have represented petitioners at the pre-trial conference in this case. That counsel had to allegedly appear in another case (which purportedly explained his inability to appear in the present case) is a stale, banal, and prosaic excuse. Some such flimsy ratiocination, added to counsel's filing of an erroneous pleading (the second motion for reconsideration), which because it is a prohibited pleading, unfortunately did not toll the running of the prescriptive period for filing a notice of appeal, did prove fatal to petitioner's cause. Settled is the rule that parties are bound by the action or inaction of their counsel; this rule extends even to the mistakes and simple negligence committed by their counsel.

Simply put, petitioners trifled with the mandatory character of a pre-trial conference in the speedy disposition of cases. Petitioners should have known that pre-trial in civil actions has been peremptorily required these many years. It is a procedural device intended to clarify and limit the basic issues between the parties and paves the way for a less cluttered trial and resolution of the case. Its main objective is to simplify, abbreviate and expedite the trial, or, propitious circumstance permitting (as when the parties can compound or compromise their differences), even to totally dispense with it altogether. Thus, it should never be taken lightly - or for granted! A party trifles with it at his peril.

UPON THE VIEW WE TAKE OF THIS CASE, THUS, the petition at bench must be, as it hereby, is DENIED and consequently DISMISSED, for lack of merit. Costs shall be assessed against the petitioners.

SO ORDERED. [2]

Spouses Perez filed a Motion for Reconsideration of the aforementioned decision. Surprisingly, on April 14, 2005, the CA issued an Amended Decision [3] granting the Motion for Reconsideration citing that the higher interest of substantial justice should prevail and not mere technicality. The dispositive part of the Amended Decision reads:

WHEREFORE, finding merit in the motion for reconsideration, we hereby resolve, to wit:

(1)
To SET ASIDE and VACATE our Decision of January 25, 2005;
(2)
To GRANT this petition. Consequently we hereby direct the annulment or invalidation of the following orders issued by the respondent court, to wit:
1.
The April 11, 2003 order, denying petitioners' notice of appeal; and the March 17, 2004 order, denying petitioners' motion for reconsideration thereon;
2.
The September 19, 2002 order, denying petitioners' motion for postponement in Civil Case No. 20-1155 entitled "Sps. Angelito A. Perez v. Philippine National Bank, et al." thereby resulting in the dismissal of the said case;
3.
The January 6, 2003 order, denying petitioners' motion for reconsideration in the above mentioned case; and
4.
The February 7, 2003 order, denying petitioners' second motion for reconsideration in the above stated case.
(3)
To REINSTATE Civil Case No. 20-1155 in the docket of respondent court, the Regional Trial Court of Cauayan City, Branch 20, which is now hereby ordered to conduct the pre-trial therein, and thereafter to proceed to try the case on the merits.

Without costs.

SO ORDERED. [4]

Accordingly, the case was remanded to the trial court. On January 20, 2006, the trial court issued an Order setting the case for hearing on March 8, 2006. The said Order reads in full:

On October 20, 2005, [Spouses Perez] filed their motion to require [PNB] to submit [its] statement of account for the period beginning 1995 to 2000.

The motion was heard on November 7, 2005 but only the counsel for [Spouses Perez] appeared. On December 9, 2005, [PNB] also filed a motion for the production or inspection of books of accounts regarding payments in the years 1997 to 2000 and thereafter, if any. The same motion was heard on December 15, 2005 but again, despite due notice, only the counsel for [Spouses Perez] appeared and reiterated his motions.

WHEREFORE, there being no opposition to the twin motion of [Spouses Perez], the same are hereby granted. Accordingly, let this case be set for hearing on March 8, 2006 at 8:30 o'clock in the morning. [PNB] is hereby directed to prepare and complete within thirty (30) days from receipt of this order a statement of account for [Spouses Perez] covering payments made for the period beginning 1995 to 2000, allowing [Spouses Perez] or their duly authorized representatives to inspect the same at the bank premises during regular banking hours.

SO ORDERED. [5]

PNB, however, failed to receive a copy of the aforementioned order and was, thus, unable to attend the hearing on March 8, 2006. Questionably, on said date, the trial court issued an Order allowing Spouses Perez to adduce evidence and considered the hearing as a pre-trial conference, to wit:

WHEREFORE, for failure to appear in today's pre-trial and for failure to comply with the order of this Court dated January 20, 2006, [Spouses Perez] are hereby allowed to adduce evidence before the Branch Clerk of Court and the Branch Clerk of Court is ordered to submit her report within ten (10) days.

SO ORDERED. [6]

On March 15, 2006, PNB filed a Motion for Reconsideration[7] of the said Order.

Nevertheless, on July 5, 2006, the trial court decided in favor of Spouses Perez. In its Decision, the trial court denied PNB's Motion for Reconsideration but failed to mention such denial in the dispositive portion of the Decision, viz:

WHEREFORE, premises considered, judgment is hereby rendered:

1. Declaring that due and full payments were made by [Spouses Perez] on their principal obligation to [PNB] including interest and directing the release and discharge of all the properties covered by the real estate mortgages executed by [Spouses Perez];

2. Declaring the Sheriff's Notice of Extrajudicial Sale as null and void, and enjoining defendant from foreclosing any and all of the properties mortgaged by [Spouses Perez] as collateral for the said loan obligations;

3. Ordering [PNB] to pay [Spouses Perez] the sum of:

  1. ONE HUNDRED FORTY FIVE MILLION ONE HUNDRED SEVENTEEN THOUSAND THREE HUNDRED SIX PESOS AND SIXTY SEVEN CENTAVOS (PHP145,117,306.67) representing the amount overpaid by [Spouses Perez] under the revolving credit loan facility and promissory notes executed between the parties;

  2. TWO MILLION PESOS (PHP2,000,000.00) as moral damages;

  3. ONE MILLION FIVE HUNDRED THOUSAND PESOS as Exemplary damages;
[d.] ONE MILLION PESOS (PHP1,000,000.00) as Attorney's Fees and
[e.]  Costs of suit.

SO ORDERED. [8]

PNB again filed a Motion for Reconsideration dated July 24, 2006 but due to certain reasons, the counsel for PNB failed to send a copy of the said motion to the trial court. As a result, the trial court denied the Motion for Reconsideration for having been filed outside the reglementary period and concluded that the Decision already became "final and executory by operation of law." [9] Accordingly, the trial court issued an Order of Execution dated August 14, 2006. [10] The very next day, a Writ of Execution was issued to implement the aforesaid order and to demand payment from PNB.

On August 15, 2006, PNB filed a Petition for Relief from Judgment/Order of Execution [11] with a prayer for the issuance of a writ of preliminary injunction, alleging that the failure to file the Motion for Reconsideration was due to mistake and/or excusable negligence. Afterwards, on August 16, 2006, the trial court issued an Order denying the prayer for preliminary injunction. Also, on August 17, 2006, the trial court issued an Order annulling the certificates of title issued to PNB covering the properties subject of the case and directed the Register of Deeds of Isabela to issue new certificates of title in the names of Spouses Perez.

On October 18, 2006, PNB filed a Petition for Certiorari (with Prayer for the Issuance of an Ex-Parte Temporary Restraining Order/Writ of Preliminary Injunction) [12] before the CA docketed as CA-G.R. SP No. 96543 seeking the annulment of the Order of Execution dated August 14, 2006, the Writ of Execution dated August 15, 2006, Order dated August 16, 2006 and the Order dated August 17, 2006. Similarly, on October 30, 2006 and November 6, 2006, PNB filed a Supplement to the Petition for Certiorari (with Urgent Prayer for the Issuance of an Ex-Parte Temporary Restraining Order/Writ of Preliminary Injunction) [13] and an Urgent Motion for the Issuance of an Ex-Parte Temporary Restraining Order with Supplement to Petition, [14] respectively.

Consequently, the CA issued a Resolution dated November 7, 2006, which was received by PNB on November 8, 2006, granting the prayer for a temporary restraining order (TRO) and, likewise, issued a Temporary Restraining Order on the same date. The Resolution reads:

On account of the extreme urgency of the matter and in order not to frustrate the ends of justice, or to render the issues raised herein moot and academic, this Court, pending the resolution of the instant petition, hereby resolves to GRANT [PNB's] prayer for issuance of a temporary restraining order within a period of sixty (60) days from notice hereof or until earlier terminated by this Court, thereby directing public respondent, or any person acting for and on his behalf, to CEASE and DESIST from IMPLEMENTING the assailed Orders dated August 16 and 17, 2006 in Civil Case No. Br. 19-1155 or otherwise ENFORCING the Order of Execution dated August 14, 2006 or the Writ of Execution dated August 15, 2006 in said case.

[Spouses Perez] are, in the meantime, required to file their COMMENT (and not a motion to dismiss) on the petition within ten (10) days from notice hereof and SHOW cause within the same period why a writ of preliminary injunction should not issue.

SO ORDERED. [15]

Despite the issuance of the TRO, Spouses Perez were able to garnish Two Million Six Hundred Seventy-Six Thousand One Hundred Forty Pesos and Seventy Centavos (Php 2,676,140.70) from PNB's account with Equitable PCI Bank (EPCIB) on the same date the TRO was issued, November 7, 2006. In a letter dated November 8, 2006, from Atty. Gerardo I. Banzon, EPCIB's Head of Legal Advisory and Research Department, Legal Services Division, informed PNB regarding this, viz:

As much as we would like to heed to your request for the lifting and that a STOP PAYMENT ORDER of the check issued in favor of the Spouses Perez, be issued immediately, we regret to inform you that Sheriff Asirit, together with the Spouses Perez, went to our Salcedo St. - Legaspi Village at about 10:30am yesterday to pick-up the check. Proceeds of the said check were credited to the account of the Spouses Perez, who has an account with our Cauayan - Isabela branch, before noon yesterday. Regrettably, we were only informed of the existence of the TRO at about 4:49pm yesterday. Moreover, we only received the copy of the TRO itself at 2:07pm today. Sad to say but all matters are already moot and academic. [16] (Emphasis supplied.)

In view of this development, PNB filed a Supplemental Petition for Certiorari (with Urgent Prayer for the Issuance of an Ex-Parte Writ of Preliminary Injunction) [17] seeking additional reliefs for the return or reinstatement of the garnished amount and/or the appointment of a receiver over the said funds to administer and preserve the same pending the final disposition of the case.

The Decision of the Court of Appeals

On October 23, 2008, the CA issued the assailed Decision in CA-G.R. SP No. 96534, [18] granting the petition of PNB. It ruled that the sending of a notice of pre-trial is mandatory and that the Order dated March 8, 2006 issued by the trial court cannot be considered as such. Therefore, the CA held that all orders issued subsequent to the said order are, likewise, null and void. It disposed of the case as follows:

It is not only the Order of March 8, 2006 which allowed the presentation of [Spouses Perez's] evidence ex parte which is null and void. All the Orders assailed in the instant petition, as follows:

a) Order of Execution dated August 14, 2006;
b) Writ of Execution dated August 15, 2006;
c) Order dated August 16, 2006 which denied PNB's application for TRO/preliminary injunction; and
d) the Order of August 17, 2006 which annulled PNB's fourteen (14) titles and directed issuance of new titles to herein private respondents;

having been issued subsequent to the pre-trial improperly conducted on March 8, 2006 are declared voided and nullified for having been issued with grave abuse of discretion amounting to lack or excess of jurisdiction.

WHEREFORE, in view of the foregoing, the petition is GRANTED. The assailed Orders are declared void and nullified. The trial court is directed to conduct the pre-trial therein after proper notice had been served on both parties and thereafter to proceed to try the case on the merits.

SO ORDERED. [19]

The Decision of the CA, however, failed to address PNB's prayer for the issuance of a writ of mandatory injunction and the return/reinstatement of the Php 2,676,140.70. Thus, PNB filed a Motion for Clarificatory Order and/or Ad Cautelam Motion for Partial Reconsideration. [20] In support of its motion, PNB argued that considering the garnishment of the amount of money was based on the orders already voided by the CA, it is entitled to the return/reinstatement of the garnished amount. On the other hand, Spouses Perez also filed their Motion for Reconsideration. [21]

In a Resolution dated April 28, 2009, the CA denied both motions. Hence, PNB and Spouses Perez filed their separate petitions with this Court assailing both the decision and the resolution of the CA.

The Issues

In G.R. No. 187640, PNB raises the following arguments in support of its petition:

Whether the [CA] has decided a question of substance in a way not in accord with law or with the applicable decisions of this Honorable Court on the following issues:

  1. Whether a garnishment/execution erected on the same day and date that a TRO is issued to enjoin the garnishment/execution is valid.

  2. Whether an earlier garnishment effected pursuant to a writ of execution survives the subsequent annulment of the writ.

  3. Whether the dissipation/loss of, or inability to return/recover the property, constitutes an irreparable injury to warrant the issuance of a mandatory injunction.[22]

In G.R. No. 187687, Spouses Perez raise the following issues for our consideration:

I.

The Respondent Honorable [CA] committed a reversible error on [a] question of law in not dismissing the petition for certiorari outrightly on [the] ground that a petition for certiorari under Rule 65 of [the] 1997 Rules on Civil Procedure is not a substitute for [a] lost appeal[;]

II.

The Respondent Honorable [CA] committed a reversible error on [a] question of law in not dismissing the petition for certiorari on the ground that the decision of the lower court has already become final and executory; in fact, a writ of execution was already issued and the respondent [PNB] has already partially satisfied the money judgment at its branch of P10,000.00 and then at the Equitable Bank Manila in the sum of P2,676,140.70 and the certificates of title in the name of respondent bank was ordered cancelled and the certificates of titles of the petitioners to the subject properties were reinstated in the name of petitioners who already sold the same to innocent purchasers for value and therefore, by estoppel respondent bank is precluded to assail by petition for certiorari the final and executory decision, writ of execution and partial satisfaction of the money judgment[;]

III.

The Respondent Honorable [CA] committed a reversible error on [a] question of law in not dismissing [the] petition for certiorari outrightly on [the] ground that there are pending petition for relief from judgment and motion for [reconsideration] with the lower court[;]

IV.

The Respondent Honorable [CA] committed a reversible error on [a] question of law in not dismissing the petition for certiorari on [the] ground that the order of the lower court[,] although [it] did not state [the] notice of pre-trial, the respondent bank and its counsel knew that the Honorable [CA] in its Amended Decision in remanding the case to the lower court is to conduct a pre-trial and therefore, there was nothing to suppose that the scheduled hearing was anything other than pre-trial as enunciated by this Honorable Court in the case of Bembo et. al. vs. Court of Appeals, et. al. G.R. No. 116845, November 29, 1995. [23]

The issues presented can be summarized as follows: (1) Whether a petition for certiorari is a proper remedy; and (2) Whether a pre-trial notice is mandatory and, as a consequence, whether the lack of notice of pre-trial voids a subsequently issued decision.

Petition for Certiorari is the Proper Remedy

In their petition, Spouses Perez argue that the filing of a petition for certiorari by PNB before the CA was improper for two reasons: (a) a petition for certiorari is not a substitute for a lost appeal; and (b) there were other pending petitions for relief from judgment and a motion for reconsideration with the lower court.

The argument is bereft of merit.

A special petition for certiorari under Rule 65 of the Rules of Court is availed of when a "tribunal, board or officer exercising judicial or quasi-judicial functions has acted without or in excess of its or his jurisdiction, or with grave abuse of discretion amounting to lack or excess of jurisdiction, and there is no appeal, or any plain, speedy, and adequate remedy in the ordinary course of law." [24]

It is intended to correct errors of jurisdiction only or grave abuse of discretion amounting to lack or excess of jurisdiction. Its primary purpose is to keep an inferior court within the parameters of its jurisdiction or to prevent it from committing such grave abuse of discretion amounting to lack or excess of jurisdiction. [25]

The essential requisites for a petition for certiorari under Rule 65 are: (1) the writ is directed against a tribunal, a board, or an officer exercising judicial or quasi-judicial functions; (2) such tribunal, board, or officer has acted without or in excess of jurisdiction, or with grave abuse of discretion amounting to lack or excess of jurisdiction; and (3) there is no appeal or any plain, speedy, and adequate remedy in the ordinary course of law. [26]

In Chamber of Real Estate and Builders Associations, Inc. v. The Secretary of Agrarian Reform, the Court discussed the differences between "excess of jurisdiction", "without jurisdiction" and "grave abuse of discretion", to wit:

Excess of jurisdiction as distinguished from absence of jurisdiction means that an act, though within the general power of a tribunal, board or officer, is not authorized and invalid with respect to the particular proceeding, because the conditions which alone authorize the exercise of the general power in respect of it are wanting. Without jurisdiction means lack or want of legal power, right or authority to hear and determine a cause or causes, considered either in general or with reference to a particular matter.  It means lack of power to exercise authority. Grave abuse of discretion implies such capricious and whimsical exercise of judgment as is equivalent to lack of jurisdiction or, in other words, where the power is exercised in an arbitrary manner by reason of passion, prejudice, or personal hostility, and it must be so patent or gross as to amount to an evasion of a positive duty or to a virtual refusal to perform the duty enjoined or to act at all in contemplation of law. [27]

In Agulto v. Tecson, We likewise discussed that an order by the trial court allowing a party to present his evidence ex-parte without due notice of pre-trial to the other party constitutes grave abuse of discretion. [28]

Here, the trial court failed to issue a proper notice of pre-trial to PNB. Thus, it committed grave abuse of discretion when it issued the Order dated March 8, 2006 allowing Spouses Perez to present their evidence ex-parte.

Considering that the trial court's action in issuing such order constituted grave abuse of its discretion, PNB availed of the proper remedy when it filed a petition for certiorari with the CA.

Nevertheless, even with the existence of the remedy of appeal, this Court has, in certain cases, allowed a writ of certiorari where the order complained of is a patent nullity. [29] In the instant case, the lack of notice of pre-trial rendered all subsequent proceedings null and void. Hence, the CA was correct in not dismissing the petition for certiorari.

Moreover, it is a basic tenet that a petition for certiorari under Rule 65 is an original and independent action. It is not a part or a continuation of the trial which resulted in the rendition of the judgment complained of.[30]  Neither does it "interrupt the course of the principal action nor the running of the reglementary periods involved in the proceedings, unless an application for a restraining order or a writ of preliminary injunction to the appellate court is granted."[31]

Evidently, the argument that the petition for certiorari is precluded by the motion for reconsideration and the petition for relief from judgment filed before the trial court is untenable.

Pre-trial Notice is Mandatory

Spouses Perez further contend that the Order dated January 8, 2006 setting the case for hearing cannot be interpreted any other way except as a notice for pre-trial. They assert that the Amended Decision of the CA dated April 14, 2005 remanded the case to the lower court to conduct a pre-trial; therefore, the hearing in question was just following the order of the CA to set the case for a pre-trial.

We do not agree.

Section 3, Rule 18 of the 1997 Rules on Civil Procedure unequivocally requires that "[t]he notice of pre-trial shall be served on counsel, or on the party who has no counsel." [32] It is elementary in statutory construction that the word "shall" denotes the mandatory character of the rule. Thus, it is without question that the language of the rule undoubtedly requires the trial court to send a notice of pre-trial to the parties.

More importantly, the notice of pre-trial seeks to notify the parties of the date, time and place of the pre-trial and to require them to file their respective pre-trial briefs within the time prescribed by the rules. Its absence, therefore, renders the pre-trial and all subsequent proceedings null and void. [33]

In Pineda v. Court of Appeals, [34] the Court therein discussed the importance of the notice of pre-trial. It pointed out that the absence of the notice of pre-trial constitutes a violation of a person's constitutional right to due process. Further, the Court ruled that all subsequent orders, including the default judgment, are null and void and without effect, viz:

Reason and justice ordain that the court a quo should have notified the parties in the case at bar. Otherwise, said parties without such notice would not know when to proceed or resume proceedings. With due notice of the proceedings, the fate of a party adversely affected would not be adjudged ex parte and without due process, and he would have the opportunity of confronting the opposing party, and the paramount public interest which calls for a proper examination of the issues in any justiciable case would be subserved. The absence, therefore, of the requisite notice of pre-trial to private respondents through no fault or negligence on their part, nullifies the order of default issued by the petitioner Judge for denying them their day in court -- a constitutional right. In such, the order suffers from an inherent procedural defect and is null and void. Under such circumstance, the granting of relief to private respondents becomes a matter of right; and the court proceedings starting from the order of default to the default judgment itself should be considered null and void and of no effect. (Emphasis supplied.)

More recently, in Agulto, [35] this Court again had the chance to rule upon the same issue and reiterated the importance of the notice of pre-trial, to wit:

The failure of a party to appear at the pre-trial has adverse consequences. If the absent party is the plaintiff, then he may be declared non-suited and his case dismissed. If it is the defendant who fails to appear, then the plaintiff may be allowed to present his evidence ex parte and the court to render judgment on the basis thereof.

Thus, sending a notice of pre-trial stating the date, time and place of pre-trial is mandatory. Its absence will render the pre-trial and subsequent proceedings void. This must be so as part of a party's right to due process. (Emphasis supplied.)

In the case at bar, the order issued by the trial court merely spoke of a "hearing on March 8, 2006" [36] and required PNB "to prepare and complete x x x a statement of account." [37] The said order does not mention anything about a pre-trial to be conducted by the trial court.

In contrast, the Notice of Pre-trial dated August 22, 2002 issued by the trial court categorically states that a pre-trial is to be conducted, requiring the parties to submit their respective pre-trial briefs. It reads:

NOTICE OF PRE-TRIAL

You are hereby notified that the Pre-trial of this case will be held on September 19, 2002 at 8:30 o'clock in the morning.

Pursuant to the Supreme Court Circular No. 1-89, you are requested to submit Pre-trial brief, at least three (3) days before said date, containing the following:

  1. Brief Statement of the parties respective claims and defenses;

  2. The number of witnesses to be presented;

  3. An abstract of the testimonies of witnesses to be presented by the parties and approximate number of hours that will be required for the presentation of their respective evidence;

  4. Copies of all document intended to be presented;

  5. Admission;

  6. Applica[ble] laws and jurisprudence;

  7. The parties['] respective statement of the issues; and

  8. The available trial dates of counsel for complete evidence presentation, which must be within a period of three (3) months from the first day of trial.

You are further warned that the failure to submit said brief could be a ground for non-suit or declaration of default.

Cauayan City, Isabela, this 19th day of August 2002. [38] (Emphasis supplied.)

What is more, PNB even claims that it failed to receive a copy of the said order. Clearly, no amount of reasoning will logically lead to the conclusion that the trial court issued, or that PNB received, a notice of pre-trial.

As such, We find that the CA aptly held that the Order dated March 8, 2006, which declared the hearing to be a pre-trial and allowed Spouses Perez to adduce evidence ex parte, is void. Similarly, its ruling that the Decision dated July 5, 2006 and all subsequent orders [39] issued pursuant to the said judgment are also null and void, is proper.

In Padre v. Badillo, it was held that "[a] void judgment is no judgment at all. It cannot be the source of any right nor the creator of any obligation. All acts performed pursuant to it and all claims emanating from it have no legal effect." [40]

Necessarily, it follows that the nullity of the Writ of Execution carries with it the nullity of all acts done which implemented the writ. This includes the garnishment of Php 2,676,140.70 from PNB's account. Its return to PNB's account is but a necessary consequence of the void writ.

Similarly, the nullity of the Order dated August 17, 2006, [41]  which cancelled PNB's fourteen (14) titles and directed the issuance of new titles to Spouses Perez, has the effect of annulling all the fourteen (14) titles issued in the name of Spouses Perez. The titles should revert back to PNB.

The argument that the subject properties were sold to certain innocent purchasers for value cannot stand. First of all, such allegation is a question of fact, not a question of law. Time and again, this Court has pronounced that the issues that can be raised in a petition for review on certiorari under Rule 45 are limited only to questions of law. [42] The test of whether the question is one of law or of fact is whether the appellate court can determine the issue raised without reviewing or evaluating the evidence, in which case, it is a question of law; otherwise, it is a question of fact. [43]

Furthermore, it is settled that matters not raised in the trial court or lower courts cannot be raised for the first time on appeal. "They must be raised seasonably in the proceedings before the lower courts. Questions raised on appeal must be within the issues framed by the parties; consequently, issues not raised before the trial court cannot be raised for the first time on appeal." [44] Spouses Perez never raised this issue before the CA. Hence, they cannot raise it before this Court now.

WHEREFORE, the petition in G.R. No. 187640 is GRANTED.  The Decision of the Court of Appeals (CA) in CA-G.R. SP No. 96534 dated October 23, 2008 is AFFIRMED with the MODIFICATION that the July 5, 2006 Decision of the Regional Trial Court of Isabela in Civil Case No. 20-1155 is NULLIFIED and SET ASIDE, the titles issued to Spouses Angelito Perez and Jocelyn Perez by virtue of the aforesaid August 17, 2006 Order and all derivative titles emanating thereon are cancelled and declared null and void and directing the Register of Deeds of Isabela to issue new certificates of title in the name of the Philippine National Bank (PNB) to replace the fourteen (14) titles previously issued to Spouses Angelito and Jocelyn Perez pursuant to the August 17, 2006 Order and for Spouses Angelito and Jocelyn Perez to pay to PNB the amount of PhP 2,676,140.70 representing the amount garnished from PNB's account with Equitable PCI Bank (EPCIB) by virtue of the August 15, 2006 Writ of Execution issued pursuant to the July 5, 2006 Decision.

As modified, the CA Decision shall read:

WHEREFORE, in view of the foregoing, the petition is GRANTED. The following orders and writ issued by the Regional Trial Court of Isabela in Civil Case No. 20-1155 are declared null and void:
  1. Order dated March 8, 2006 which allowed the presentation of [Spouses Perez's] evidence ex parte;
  2. Order of Execution dated August 14, 2006;
  3. Writ of Execution dated August 15, 2006;
  4. Order dated August 16, 2006 which denied PNB's application for TRO/preliminary injunction; and
  5. the Order of August 17, 2006 which annulled PNB's fourteen (14) titles and directed issuance of new titles to herein private respondents;

The July 5, 2006 Decision of the Isabela RTC is nullified and set aside.

The fourteen (14) new titles issued to Spouses Angelito Perez and Jocelyn Perez by virtue of the August 17, 2006 Order and all derivative titles issued therefrom are declared null and void and cancelled. The Register of Deeds of Isabela are directed to cancel said titles issued to Spouses Perez and issue new certificates of titles in the name of Philippine National Bank (PNB) which shall contain a memorandum of the annulment of the outstanding duplicate certificates issued to said spouses.

Spouses Angelito Perez and Jocelyn Perez are ordered to pay PNB the amount of P2,767,140.70 representing the amount illegally garnished from PNB's account with Equitable PCI Bank (EPCIB) by virtue of the August 15, 2006 writ of execution with interest thereon at six percent (6%) per annum from August 15, 2006 up to the finality of judgment and at twelve percent (12%) per annum from the date of finality of judgment until paid.

The trial court is directed to conduct further proceedings in Civil Case No. 20-1155 with dispatch.

The petition in G.R. No. 187687 is DENIED for lack of merit.

No costs.

SO ORDERED.

Leonardo-De Castro, Bersamin,** Del Castillo, and Perez, JJ., concur.
Velasco, Jr., Acting Chairperson*

Endnotes:


* Per Special Order No. 1003 dated June 8, 2011.

** Additional member per Special Order No. 1000 dated June 8, 2011.

[1] Rollo (G.R. No. 187640), pp. 102-139.

[2] Id. at 74-76.

[3] Id. at 155-166.

[4] Rollo (G.R. No. 187640), pp. 165-166.

[5] Rollo (G.R. No. 187640), p. 168.

[6] Rollo (G.R. No. 187640), p. 169.

[7] Rollo (G.R. No. 187640), pp. 170-171.

[8] Rollo (G.R. No. 187640), p. 200.

[9] Rollo (G.R. No. 187640), p. 207.

[10] Rollo (G.R. No. 187640), pp. 206-209.

[11] Rollo (G.R. No. 187640), pp. 212-217.

[12] Rollo (G.R. No. 187640), pp. 263-318.

[13] Rollo (G.R. No. 187640), pp. 319-353.

[14] Rollo (G.R. No. 187640), pp. 354-365.

[15] Rollo (G.R. No. 187640), pp. 367-368.

[16] Rollo (G.R. No. 187640), pp. 382-383.

[17] Rollo (G.R. No. 187640), pp. 384-406.

[18] Rollo (G.R. No. 187640), pp. 69-86.

[19] Rollo (G.R. No. 187640), p. 86.

[20] Rollo (G.R. No. 187640), pp. 424-441.

[21] Rollo (G.R. No. 187640), pp. 442-507.

[22] Rollo (G.R. No. 187640), pp. 39-40.

[23] Rollo (G.R. No. 187687), pp. 22-25.

[24] Section 1, Rule 65, 1997 Rules of Civil Procedure.

[25] Chamber of Real Estate and Builders Associations, Inc. v. The Secretary of Agrarian Reform, G.R. No. 183409, June 18, 2010.

[26] Chamber of Real Estate and Builders Associations, Inc. v. The Secretary of Agrarian Reform, G.R. No. 183409, June 18, 2010.

[27] Chamber of Real Estate and Builders Associations, Inc. v. The Secretary of Agrarian Reform, G.R. No. 183409, June 18, 2010.

[28] G.R. No. 145276, November 29, 2005, 476 SCRA 395, 403.

[29] Pearson v. Intermediate Appellate Court, G.R. No. 74454, September 3, 1998, 295 SCRA 27.

[30] Yasuda v. Court of Appeals, G.R. No. 112569, April 12, 2000, 300 SCRA 385, 394; citations omitted.

[31] Id.

[32] Emphasis supplied.

[33] Pineda v. Court of Appeals, No. L-35583, September 30, 1975, 67 SCRA 228, 234.

[34] Id.

[35] Supra note 28, at 402.

[36] Rollo (G.R. No. 187640), p. 168.

[37] Id.

[38] Rollo (G.R. No. 187687), pp. 687-688.

[39] Writ of Execution dated August 15, 2006; Order dated August 16, 2006; and Order dated August 17, 2006.

[40] Padre v. Badillo, G.R. No. 165423, January 19, 2011; citing Polystyrene Manufacturing Company, Inc. v. Privatization and Management Office, G.R. No. 171336, October 4, 2007, 534 SCRA 640, 651.

[41] The Order annulled PNB's fourteen (14) titles and directed the issuance of new titles to Spouses Perez.

[42] Superlines Transportation Company, Inc. v. ICC Leasing & Financing Corporation, G.R. No. 150673, February 28, 2003, 398 SCRA 508, 517.

[43] Goyena v. Ledesma-Gustilo, G.R. No. 147148, January 13, 2003, 395 SCRA 117, 123.

[44] Ayson v. Enriquez Vda. de Carpio, G.R. No. 152438, June 17, 2004, 432 SCRA 449, 456.



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June-2011 Jurisprudence                 

  • [G.R. No. 179558, June 01 : 2011] ASIATRUST DEVELOPMENT BANK, PETITIONER, VS. FIRST AIKKA DEVELOPMENT, INC. AND UNIVAC DEVELOPMENT, INC., RESPONDENTS.

  • [G.R. Nos. 169359-61, June 01 : 2011] MARCELO G. GANADEN, OSCAR B. MINA, JOSE M. BAUTISTA AND ERNESTO H. NARCISO, JR. PETITIONERS, VS. HONORABLE OFFICE OF THE OMBUDSMAN AND ROBERT K. HUMIWAT, RESPONDENTS.

  • [G.R. No. 169191, June 01 : 2011] ROMEO VILLARUEL, PETITIONER, VS. YEO HAN GUAN, DOING BUSINESS UNDER THE NAME AND STYLE YUHANS ENTERPRISES, RESPONDENT.

  • MEGAN SUGAR CORPORATION, PETITIONER, VS. REGIONAL TRIAL COURT OF ILOILO, BRANCH 68, DUMANGAS, ILOILO; NEW FRONTIER SUGAR CORPORATION AND EQUITABLE PCI BANK, RESPONDENTS.

  • [G.R. No. 186243, June 01 : 2011] HACIENDA PRIMERA DEVELOPMENT CORPORATION and ANNA KATRINA E. HERNANDEZ, Petitioners, vs. MICHAEL S. VILLEGAS, Respondent.

  • [G.R. No. 186243, June 01 : 2011] HACIENDA PRIMERA DEVELOPMENT CORPORATION and ANNA KATRINA E. HERNANDEZ, Petitioners, vs. MICHAEL S. VILLEGAS, Respondent.

  • [G.R. No. 185230, June 01 : 2011] JOSEPH C. CEREZO,PETITIONER, VS. PEOPLE OF THE PHILIPPINES, JULIET YANEZA, PABLO ABUNDA, JR., AND VICENTE AFULUGENCIA, RESPONDENTS.

  • [G.R. Nos. 170500 & 170510-11, June 01 : 2011] MARCELO G. GANADEN, OSCAR B. MINA, JOSE M. BAUTISTA AND ERNESTO H. NARCISO, JR., PETITIONERS, VS. THE HONORABLE COURT OF APPEALS, NATIONAL TRANSMISSION COMMISSION (TRANSCO), ALIPIO NOOL, FERMIN P. LANAG, SR., EUSEBIO B. COLLADO, JOSE S. TEJANO, NECIMIO A. ABUZO, ELISEO P. MARTINEZ AND PERFECTO LAZARO, RESPONDENTS.

  • [G.R. No. 188064, June 01 : 2011] MILA A. REYES , PETITIONER, VS. VICTORIA T. TUPARAN, RESPONDENT.

  • [G.R. No. 186465, June 01 : 2011] PEOPLE OF THE PHILIPPINES, PLAINTIFF-APPELLEE, VS. LORIE VILLAHERMOSA Y LECO, ACCUSED-APPELLANT.

  • [G.R. No. 185917, June 01 : 2011] FREDCO MANUFACTURING CORPORATION, PETITIONER, VS. PRESIDENT AND FELLOWS OF HARVARD COLLEGE (HARVARD UNIVERSITY), RESPONDENTS.

  • [G.R. No. 180683, June 01 : 2011] AURORA L. TECSON, SPOUSES JOSE L. TECSON AND LEONILA TECSON, PETITIONERS, VS. MINERVA, MARIA, FRANCISCO, AGUSTINA, JOSE, ROMUALDO, ELIZABETH AND VICTOR, ALL SURNAMED FAUSTO, AND ISABEL VDA. DE FAUSTO, RESPONDENTS.

  • [G.R. No. 167050, June 01 : 2011] SOCIAL SECURITY COMMISSION, PETITIONER, VS. RIZAL POULTRY AND LIVESTOCK ASSOCIATION, INC., BSD AGRO INDUSTRIAL DEVELOPMENT CORPORATION AND BENJAMIN SAN DIEGO, RESPONDENTS.

  • [G.R. No. 161651, June 01 : 2011] ELVIRA LATEO Y ELEAZAR, FRANCISCO ELCA Y ARCAS, AND BARTOLOME BALDEMOR Y MADRIGAL, PETITIONERS, VS. PEOPLE OF THE PHILIPPINES, RESPONDENT.

  • [G.R. No. 194379, June 01 : 2011] PEOPLE OF THE PHILIPPINES, PLAINTIFF-APPELLEE, VS. FELICIANO "SAYSOT" CIAS, ACCUSED-APPELLANT.

  • [G.R. No. 173198, June 01 : 2011] PEOPLE OF THE PHILIPPINES, PLAINTIFF-APPELLEE, VS. DOLORES OCDEN, ACCUSED-APPELLANT.

  • [G.R. No. 178925, June 01 : 2011] MANUEL YBIERNAS, VICENTE YBIERNAS, MARIA CORAZON ANGELES, VIOLETA YBIERNAS, AND VALENTIN YBIERNAS, PETITIONERS, VS. ESTER TANCO-GABALDON, MANILA BAY SPINNING MILLS, INC., AND THE SHERIFF OF THE REGIONAL TRIAL COURT OF PASIG CITY, BRANCH 163, RESPONDENTS.

  • [G.R. No. 179675, June 01 : 2011] SPOUSES JUANITO MAHUSAY AND FRANCISCA MAHUSAY,PETITIONERS, VS. B.E. SAN DIEGO, INC., RESPONDENT.

  • [G.R. No. 154704, June 01 : 2011] NELLIE VDA. DE FORMOSO AND HER CHILDREN, NAMELY, MA. THERESA FORMOSO-PESCADOR, ROGER FORMOSO, MARY JANE FORMOSO, BERNARD FORMOSO AND PRIMITIVO MALCABA, PETITIONERS, VS. PHILIPPINE NATIONAL BANK, FRANCISCO ARCE, ATTY. BENJAMIN BARBERO, AND ROBERTO NAVARRO, RESPONDENTS.

  • [G.R. No. 193902, June 01 : 2011] ATTY. MARIETTA D. ZAMORANOS, PETITIONER, VS. PEOPLE OF THE PHILIPPINES AND SAMSON R. PACASUM, SR., RESPONDENTS. [G.R. NO. 193908] ATTY. MARIETTA D. ZAMORANOS, PETITIONER, VS. SAMSON R. PACASUM, SR., RESPONDENT. [G.R. NO. 194075] SAMSON R. PACASUM, SR., PETITIONER, VS. ATTY. MARIETTA D. ZAMORANOS, RESPONDENT.

  • [G.R. No. 191618, June 01 : 2011] ATTY. ROMULO B. MACALINTAL, PETITIONER, VS. PRESIDENTIAL ELECTORAL TRIBUNAL, RESPONDENT.

  • [G.R. No. 170251, June 01 : 2011] CELIA S. VDA. DE HERRERA, PETITIONER, VS. EMELITA BERNARDO, EVELYN BERNARDO AS GUARDIAN OF ERLYN, CRISLYN AND CRISANTO BERNARDO,* RESPONDENTS.

  • [G.R. No. 127851, June 02 : 2011] CORONA INTERNATIONAL, INC., PETITIONER, VS. THE COURT OF APPEALS AND THE PHILIPPINE COCONUT AUTHORITY, RESPONDENTS.

  • [G.R. Nos. 178701 and 178754, June 06 : 2011] ZAFIRO L. RESPICIO, PETITIONER, VS. PEOPLE OF THE PHILIPPINES, RESPONDENT.

  • [G.R. No. 185211, June 06 : 2011] PEOPLE OF THE PHILIPPINES, APPELLEE, VS. ARNEL BENTACAN NAVARRETE, APPELLANT.

  • [G.R. No. 190107, June 06 : 2011] JAPRL DEVELOPMENT CORP., PETER RAFAEL C. LIMSON AND JOSE UY AROLLADO, PETITIONERS, VS. SECURITY BANK CORPORATION, RESPONDENT.

  • [G.R. No. 168382, June 06 : 2011] AIRLINE PILOTS ASSOCIATION OF THE PHILIPPINES, PETITIONER, VS. PHILIPPINE AIRLINES, INC., RESPONDENT.

  • [G.R. No. 190515, June 06 : 2011] CIRTEK EMPLOYEES LABOR UNION-FEDERATION OF FREE WORKERS PETITIONER, VS. CIRTEK ELECTRONICS, INC., RESPONDENT.

  • [G.R. No. 160506, June 06 : 2011] JOEB M. ALIVIADO, ARTHUR CORPUZ, ERIC ALIVIADO, MONCHITO AMPELOQUIO, ABRAHAM BASMAYOR, JONATHAN MATEO, LORENZO PLATON, JOSE FERNANDO GUTIERREZ, ESTANISLAO BUENAVENTURA, LOPE SALONGA, FRANZ DAVID, NESTOR IGNACIO, JULIO REY, RUBEN MARQUEZ, JR., MAXIMINO PASCUAL, ERNESTO CALANAO, ROLANDO ROMASANTA, RHUEL AGOO, BONIFACIO ORTEGA, ARSENIO SORIANO, JR., ARNEL ENDAYA, ROBERTO ENRIQUEZ, NESTOR BAQUILA, EDGARDO QUIAMBAO, SANTOS BACALSO, SAMSON BASCO, ALADINO GREGORO, JR., EDWIN GARCIA, ARMANDO VILLAR, EMIL TAWAT, MARIO P. LIONGSON, CRESENTE J. GARCIA, FERNANDO MACABENTE, MELECIO CASAPAO, REYNALDO JACABAN, FERDINAND SALVO, ALSTANDO MONTOS, RAINER N. SALVADOR, RAMIL REYES, PEDRO G. ROY, LEONARDO P. TALLEDO, ENRIQUE F. TALLEDO, WILLIE ORTIZ, ERNESTO SOYOSA, ROMEO VASQUEZ, JOEL BILLONES, ALLAN BALTAZAR, NOLI GABUYO, EMMANUEL E. LABAN, RAMIR E. PIAT, RAUL DULAY, TADEO DURAN, JOSEPH BANICO, ALBERT LEYNES, ANTONIO DACUNA, RENATO DELA CRUZ, ROMEO VIERNES, JR., ELAIS BASEO, WILFREDO TORRES, MELCHOR CARDANO, MARIANO NARANIAN, JOHN SUMERGIDO, ROBERTO ROSALES, GERRY C. GATPO, GERMAN N. GUEVARRA, GILBERT Y. MIRANDA, RODOLFO C. TOLEDO, ARNOLD D. LASTONA, PHILIP M. LOZA, MARIO N. CULDAYON, ORLANDO P. JIMENEZ, FRED P. JIMENEZ, RESTITUTO C. PAMINTUAN, JR., ROLANDO J. DE ANDRES, ARTUZ BUSTENERA, ROBERTO B. CRUZ, ROSEDY O. YORDAN, DENNIS DACASIN, ALEJANDRINO ABATON, AND ORLANDO S. BALANGUE, PETITIONERS, VS. PROCTER & GAMBLE PHILS., INC., AND PROMM-GEM INC., RESPONDENTS.

  • [G.R. No. 165279, June 07 : 2011] DR. RUBI LI, PETITIONER, VS. SPOUSES REYNALDO AND LINA SOLIMAN, AS PARENTS/HEIRS OF DECEASED ANGELICA SOLIMAN, RESPONDENTS.

  • [A.M. No. 10-10-4-SC, June 07 : 2011] 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. 190259, June 07 : 2011] DATU ZALDY UY AMPATUAN, ANSARUDDIN ADIONG, REGIE SAHALI-GENERALE PETITIONERS, VS. HON. RONALDO PUNO, IN HIS CAPACITY AS SECRETARY OF THE DEPARTMENT OF INTERIOR AND LOCAL GOVERNMENT AND ALTER-EGO OF PRESIDENT GLORIA MACAPAGAL-ARROYO, AND ANYONE ACTING IN HIS STEAD AND ON BEHALF OF THE PRESIDENT OF THE PHILIPPINES, ARMED FORCES OF THE PHILIPPINES (AFP), OR ANY OF THEIR UNITS OPERATING IN THE AUTONOMOUS REGION IN MUSLIM MINDANAO (ARMM), AND PHILIPPINE NATIONAL POLICE, OR ANY OF THEIR UNITS OPERATING IN ARMM, RESPONDENTS.

  • [G.R. No. 177130, June 07 : 2011] HON. EDUARDO ERMITA IN HIS OFFICIAL CAPACITY AS THE EXECUTIVE SECRETARY, PETITIONER, VS. HON. JENNY LIND R. ALDECOA-DELORINO, PRESIDING JUDGE, BRANCH 137, REGIONAL TRIAL COURT, MAKATI CITY, ASSOCIATION OF PETROCHEMICAL MANUFACTURERS OF THE PHILIPPINES, REPRESENTING JG SUMMIT PETROCHEMICAL CORPORATION, ET AL., RESPONDENTS.

  • [A.M. No. P-10-2835 (Formerly A.M. OCA IPI No. 08-2901-P), June 08 : 2011] DEVELOPMENT BANK OF THE PHILIPPINES, REPRESENTED BY ATTY. BENILDA A. TEJADA, CHIEF LEGAL COUNSEL, COMPLAINANT, VS. CLERK OF COURT VII ATTY. JEOFFREY S. JOAQUINO, OFFICE OF THE CLERK OF COURT, AND SHERIFF IV CONSTANCIO V. ALIMURUNG, BRANCH 18, BOTH OF THE REGIONAL TRIAL COURT, CEBU CITY,RESPONDENTS.

  • [G.R. No. 192465, June 08 : 2011] PEOPLE OF THE PHILIPPINES, APPELLEE, VS. ANGELITO ESQUIBEL Y JESUS, APPELLANT.

  • [G.R. No. 170575, June 08 : 2011] SPOUSES MANUEL AND FLORENTINA DEL ROSARIO, PETITIONERS, VS. GERRY ROXAS FOUNDATION, INC., RESPONDENT.

  • [G.R. No. 185717, June 08 : 2011] PEOPLE OF THE PHILIPPINES, PLAINTIFF-APPELLEE, VS. GARRY DE LA CRUZ Y DELA CRUZ, ACCUSED-APPELLANT.

  • [G.R. No. 179673, June 08 : 2011] NATIVIDAD STA. ANA VICTORIA, PETITIONER, VS. REPUBLIC OF THE PHILIPPINES, RESPONDENT.

  • [G.R. No. 171972, June 08 : 2011] LUCIA RODRIGUEZ AND PRUDENCIA RODRIGUEZ, PETITIONERS, VS. TERESITA V. SALVADOR, RESPONDENT.

  • [G.R. No. 178409, June 08 : 2011] YOLITO FADRIQUELAN, ARTURO EGUNA, ARMANDO MALALUAN, DANILO ALONSO, ROMULO DIMAANO, ROEL MAYUGA, WILFREDO RIZALDO, ROMEO SUICO, DOMINGO ESCAMILLAS AND DOMINGO BAUTRO, PETITIONERS, VS. MONTEREY FOODS CORPORATION, RESPONDENT. [G.R. NO. 178434] MONTEREY FOODS CORPORATION, PETITIONER, VS. BUKLURAN NG MGA MANGGAGAWA SA MONTEREY-ILAW AT BUKLOD NG MANGGAGAWA, YOLITO FADRIQUELAN, CARLITO ABACAN, ARTURO EGUNA, DANILO ROLLE, ALBERTO CASTILLO, ARMANDO MALALUAN, DANILO ALFONSO, RUBEN ALVAREZ, ROMULO DIMAANO, ROEL MAYUGA, JUANITO TENORIO, WILFREDO RIZALDO, JOHN ASOTIGUE, NEMESIO AGTAY, ROMEO SUICO, DOMINGO ESCAMILLAS AND DOMINGO BAUTRO, RESPONDENTS.

  • [G.R. No. 170146, June 08 : 2011] HON. WALDO Q. FLORES, IN HIS CAPACITY AS SENIOR DEPUTY EXECUTIVE SECRETARY IN THE OFFICE OF THE PRESIDENT, HON. ARTHUR P. AUTEA, IN HIS CAPACITY AS DEPUTY EXECUTIVE SECRETARY IN THE OFFICE OF THE PRESIDENT, AND THE PRESIDENTIAL ANTI-GRAFT COMMISSION (PAGC), PETITIONERS, VS. ATTY. ANTONIO F. MONTEMAYOR, RESPONDENT.

  • [G.R. No. 175834, June 08 : 2011] PEOPLE OF THE PHILIPPINES, APPELLEE, VS. ROSAURO ASETRE Y DURAN, APPELLANT.

  • [G.R. No. 169913, June 08 : 2011] HEIRS OF DR. JOSE DELESTE, NAMELY: JOSEFA DELESTE, JOSE RAY DELESTE, RAUL HECTOR DELESTE, AND RUBEN ALEX DELESTE, PETITIONERS, VS. LAND BANK OF THE PHILIPPINES (LBP), AS REPRESENTED BY ITS MANAGER, LAND VALUATION OFFICE OF LBP COTABATO CITY; THE REGIONAL DIRECTOR - REGION 12 OF COTABATO CITY, THE SECRETARY OF THE DEPARTMENT OF AGRARIAN REFORM; THE REGIONAL DIRECTOR OF REGION X - CAGAYAN DE ORO CITY, REPRESENTED BY MCMILLAN LUCMAN, IN HIS CAPACITY AS PROVINCIAL AGRARIAN REFORM OFFICER (PARO) OF DAR LANAO DEL NORTE; LIZA BALBERONA, IN HER CAPACITY AS DAR MUNICIPAL AGRARIAN REFORM OFFICER (MARO); REYNALDO BAGUIO, IN HIS CAPACITY AS THE REGISTER OF DEEDS OF ILIGAN CITY AS NOMINAL PARTY; THE EMANCIPATION PATENT HOLDERS: FELIPE D. MANREAL, CUSTUDIO M. RICO, HEIRS OF DOMINGO V. RICO, HEIRS OF ABDON T. MANREAL, MACARIO M. VELORIA, ALICIA B. MANREAL, PABLO RICO, SALVACION MANREAL, HEIRS OF TRANQUILIANA MANREAL, HEIRS OF ANGELA VELORIA, HEIRS OF NECIFURO CABALUNA, HEIRS OF CLEMENTE RICO, HEIRS OF MANTILLANO OBISO, HEIRS OF HERCULANO BALORIO, AND TITO BALER, RESPONDENTS.

  • [G.R. No. 183849, June 11 : 2011] DOMINGO M. ULEP, PETITIONER, VS. PEOPLE OF THE PHILIPPINES, RESPONDENT.

  • [A.M. No. 10-11-5-SC, June 14 : 2011] RE: PETITION FOR RADIO AND TELEVISION COVERAGE OF THE MULTIPLE MURDER CASES AGAINST MAGUINDANAO GOVERNOR ZALDY AMPATUAN, ET AL., [A.M. No. 10-11-6-SC ] RE: PETITION FOR THE CONSTITUTION OF THE PRESENT COURT HANDLING THE TRIAL OF THE MASSACRE OF 57 PERSONS, INCLUDING 32 JOURNALISTS, IN AMPATUAN, MAGUINDANAO INTO A SPECIAL COURT HANDLING THIS CASE ALONE FOR THE PURPOSE OF ACHIEVING GENUINE SPEEDY TRIAL and FOR THE SETTING UP OF VIDEOCAM AND MONITOR JUST OUTSIDE THE COURT FOR JOURNALISTS TO COVER AND FOR THE PEOPLE TO WITNESS THE "TRIAL OF THE DECADE" TO MAKE IT TRULY PUBLIC AND IMPARTIAL AS COMMANDED BY THE CONSTITUTION, A.M. No. 10-11-7-SC RE: LETTER OF PRESIDENT BENIGNO S. AQUINO III FOR THE LIVE MEDIA COVERAGE OF THE MAGUINDANAO MASSACRE TRIAL.

  • [G.R. No. 189314, June 15 : 2011] MIGUEL DELA BARAIRO, PENA PETITIONER, VS. OFFICE OF THE PRESIDENT AND MST MARINE SERVICES (PHILS,), INC.

  • [A.M. No. RTJ-10-2246 (formerly A.M. OCA I.P.I. No. 09-3219-RTJ) : June 01, 2011] ATTY. RANDY P. BARENG, COMPLAINANT, VS. JUDGE ZENAIDA R. DAGUNA, REGIONAL TRIAL COURT, BRANCH 19, MANILA, RESPONDENT.

  • [A.M. No. P-10-2794 (formerly A.M. OCA I.P.I. No. 08-2937-P) : June 01, 2011] DANELLA G. SONIDO, COMPLAINANT, VS. JOSEFINA G. ILOCSO, CLERK III, REGIONAL TRIAL COURT, BRANCH 80, MORONG, RIZAL, RESPONDENT.

  • [A.M. No. SCC-11-16-P (formerly A.M. OCA I.P.I No. 10-33-SCC [P] : June 01, 2011] SULTAN PANDAGARANAO A. ILUPA, COMPLAINANT, VS. MACALINOG S. ABDULLAH, CLERK OF COURT II, SHARI’A CIRCUIT COURT, MARAWI CITY, RESPONDENT.

  • [A.M. No. P-11-2931 (formerly A.M. OCA IPI No. 08-2852-P) : June 01, 2011] JOHN A. MENDEZ, ANGELITO, CABALLERO AND IVY CABALLERO, COMPLAINANTS, VS. NERISSA A. BALBUENA, COURT INTERPRETER, MUNICIPAL TRIAL COURT IN CITIES, BRANCH 7, CEBU CITY, RESPONDENT.

  • [G.R. No. 196919 : June 06, 2011] JOSE RAMILO O. REGALADO, PETITIONER, VS. CHAUCER B. REGALADO AND GERARD R. CUEVAS, RESPONDENTS.

  • [G.R. No. 155307 : June 06, 2011] M.A. JIMENEZ ENTERPRISES, INC., REPRESENTED BY CESAR CALIMLIM AND LAILA BALOIS, PETITIONER, VS. THE HONORABLE OMBUDSMAN, JESUS P. CAMMAYO, ARTURO SANTOS, MANUEL FACTORA, TEODORO BARROZO, MANUEL ROY, RONALD MANALILI AND JOHN ULASSUS, RESPONDENTS.

  • [G.R. No. 142676 : June 06, 2011] EMERITA MUÑOZ, PETITIONER, VS. ATTY. VICTORIANO R. YABUT, JR. AND SAMUEL GO CHAN, RESPONDENTS. [G.R. NO. 146718] EMERITA MUÑOZ, PETITIONER, VS. SPOUSES SAMUEL GO CHAN AND AIDA C. CHAN, AND THE BANK OF THE PHILIPPINE ISLANDS, RESPONDENTS.

  • [G.R. No. 164939 : June 06, 2011] SAMAHAN NG MGA MANGGAGAWA SA HYATT (SAMASAH-NUWHRAIN), PETITIONER, VS. HON. VOLUNTARY ARBITRATOR BUENAVENTURA C. MAGSALIN AND HOTEL ENTERPRISES OF THE PHILIPPINES, INC., RESPONDENTS. [G.R. NO. 172303] SAMAHAN NG MGA MANGGAGAWA SA HYATT (SAMASAH-NUWHRAIN), PETITIONER, VS. HOTEL ENTERPRISES OF THE PHILIPPINES, INC., RESPONDENT.

  • [G.R. No. 191266 : June 06, 2011] PEOPLE OF THE PHILIPPINES, PLAINTIFF-APPELLEE, VS. DARIUS BAUTISTA Y ORSINO @ DADA, ACCUSED-APPELLANT.

  • [G.R. No. 164891 : June 06, 2011] VIRGINIA M. GUADINES, PETITIONER, VS. SANDIGANBAYAN AND PEOPLE OF THE PHILIPPINES, RESPONDENTS.

  • [G.R. No. 168335 : June 06, 2011] REPUBLIC OF THE PHILIPPINES, PETITIONER, VS. NESTOR GALANG, RESPONDENT.

  • [G.R. No. 190710 : June 06, 2011] JESSE U. LUCAS, PETITIONER, VS. JESUS S. LUCAS, RESPONDENT.

  • [G.R. No. 188897 : June 06, 2011] PEOPLE OF THE PHILIPPINES, APPELLEE, VS. IRENO BONAAGUA Y BERCE, APPELLANT.

  • [G.R. No. 165887 : June 06, 2011] MAJORITY STOCKHOLDERS OF RUBY INDUSTRIAL CORPORATION, PETITIONERS, VS. MIGUEL LIM, IN HIS PERSONAL CAPACITY AS STOCKHOLDER OF RUBY INDUSTRIAL CORPORATION AND REPRESENTING THE MINORITY STOCKHOLDERS OF RUBY INDUSTRIAL CORPORATION AND THE MANAGEMENT COMMITTEE OF RUBY INDUSTRIAL CORPORATION, RESPONDENTS. [G.R. NO. 165929 ] CHINA BANKING CORPORATION, PETITIONER, VS. MIGUEL LIM, IN HIS PERSONAL CAPACITY AS A STOCKHOLDER OF RUBY INDUSTRIAL CORPORATION AND REPRESENTING THE MINORITY STOCKHOLDERS OF RUBY INDUSTRIAL CORPORATION, RESPONDENTS.

  • [G.R. No. 182918 : June 06, 2011] PEOPLE OF THE PHILIPPINES, APPELLEE, VS. EFREN PATELAN LAMBERTE @ “KALBO” AND MARCELINO RUIZ NIMUAN @ “CELINE,” ACCUSED, MARCELINO RUIZ NIMUAN, APPELLANT.

  • [G.R. No. 175367 : June 06, 2011] DANILO A. AURELIO, PETITIONER, VS. VIDA MA. CORAZON P. AURELIO, RESPONDENT.

  • [G.R. No. 177131 : June 07, 2011] BOY SCOUTS OF THE PHILIPPINES, PETITIONER, VS. COMMISSION ON AUDIT, RESPONDENT.

  • [A.M. No. RTJ-07-2087 : June 07, 2011] (Formerly OCA I.P.I. No. 07-2621-RTJ) OFFICE OF THE COURT ADMINISTRATOR, COMPLAINANT, VS. JUDGE MA. ELLEN M. AGUILAR, REGIONAL TRIAL COURT, BRANCH 70, BURGOS, PANGASINAN, RESPONDENT.

  • [A.M. No. RTJ-07-2087 (Formerly OCA I.P.I. No. 07-2621-RTJ) : June 07, 2011] OFFICE OF THE COURT ADMINISTRATOR, COMPLAINANT, VS. JUDGE MA. ELLEN M. AGUILAR, REGIONAL TRIAL COURT, BRANCH 70, BURGOS, PANGASINAN, RESPONDENT.

  • [G.R. No. 182148 : June 08, 2011] SIME DARBY PILIPINAS, INC., PETITIONER, VS. GOODYEAR PHILIPPINES, INC. AND MACGRAPHICS CARRANZ INTERNATIONAL CORPORATION, RESPONDENTS. [G.R. NO. 183210] GOODYEAR PHILIPPINES, INC., PETITIONER, VS. SIME DARBY PILIPINAS, INC. AND MACGRAPHICS CARRANZ INTERNATIONAL CORPORATION, RESPONDENTS.

  • [G.R. No. 167391 : June 08, 2011] PHIL-VILLE DEVELOPMENT AND HOUSING CORPORATION, PETITIONER, VS. MAXIMO BONIFACIO, CEFERINO R. BONIFACIO, APOLONIO B. TAN, BENITA B. CAINA, CRISPINA B. PASCUAL, ROSALIA B. DE GRACIA, TERESITA S. DORONIA, CHRISTINA GOCO AND ARSENIO C. BONIFACIO, IN THEIR CAPACITY AS THE SURVIVING HEIRS OF THE LATE ELEUTERIA RIVERA VDA. DE BONIFACIO, RESPONDENTS.

  • [G.R. No. 178771 : June 08, 2011] PEOPLE OF THE PHILIPPINES, APPELLEE, VS. ALBERTO ANTICAMARA Y CABILLO AND FERNANDO CALAGUAS FERNANDEZ A.K.A. LANDO CALAGUAS, APPELLANTS.

  • [G.R. No. 177099 : June 08, 2011] EDUARDO G. AGTARAP, PETITIONER, VS. SEBASTIAN AGTARAP, JOSEPH AGTARAP, TERESA AGTARAP, WALTER DE SANTOS, AND ABELARDO DAGORO, RESPONDENTS. [G.R. NO. 177192] SEBASTIAN G. AGTARAP, PETITIONER, VS. EDUARDO G. AGTARAP, JOSEPH AGTARAP, TERESA AGTARAP, WALTER DE SANTOS, AND ABELARDO DAGORO, RESPONDENTS.

  • [G.R. No. 189206 : June 08, 2011] GOVERNMENT SERVICE INSURANCE SYSTEM, PETITIONER, VS. THE HONORABLE 15TH DIVISION OF THE COURT OF APPEALS AND INDUSTRIAL BANK OF KOREA, TONG YANG MERCHANT BANK, HANAREUM BANKING CORP., LAND BANK OF THE PHILIPPINES, WESTMONT BANK AND DOMSAT HOLDINGS, INC., RESPONDENTS.

  • [G.R. No. 186395 : June 08, 2011] PEOPLE OF THE PHILIPPINES, PLAINTIFF-APPELLEE, VS. ITO PINIC, ACCUSED-APPELLANT.

  • [G.R. No. 167000 : June 08, 2011] GOVERNMENT SERVICE INSURANCE SYSTEM (GSIS), PETITIONER, VS. GROUP MANAGEMENT CORPORATION (GMC) AND LAPU-LAPU DEVELOPMENT & HOUSING CORPORATION (LLDHC), RESPONDENTS. [G.R. No. 169971] GROUP MANAGEMENT CORPORATION (GMC), PETITIONER, VS. LAPU-LAPU DEVELOPMENT & HOUSING CORPORATION (LLDHC) AND GOVERNMENT SERVICE INSURANCE SYSTEM (GSIS), RESPONDENTS.

  • [G.R. No. 182917 : June 08, 2011] PEOPLE OF THE PHILIPPINES, PLAINTIFF-APPELLEE, VS. BENJAMIN PADILLA Y UNTALAN, ACCUSED-APPELLANT.

  • [A.M. No. P-06-2130 (formerly A.M. OCA I.P.I. NO. 04-1946-P) : June 13, 2011] SUSANA E. FLORES, COMPLAINANT, VS. ARIEL D. PASCASIO, SHERIFF III, MTCC, BRANCH 5, OLONGAPO CITY, RESPONDENT.

  • [A.M. No. P-09-2715 : June 13, 2011] (formerly A.M. OCA I.P.I. No. 02-1383-RTJ) Office of the Court Administrator, Complainant, Efren E. Tolosa, Sheriff IV, Regional Trial Court, Office of the Clerk of Court, Sorsogon City, Respondent.

  • [G. R. No. 165548 : June 13, 2011] PHILIPPINE REALTY AND HOLDINGS CORPORATION, PETITIONER, VS. LEY CONSTRUCTION AND DEVELOPMENT CORPORATION, RESPONDENT. [G. R. No. 167879] LEY CONSTRUCTION AND DEVELOPMENT CORPORATION, PETITIONER, VS. PHILIPPINE REALTY AND HOLDINGS CORPORATION, RESPONDENT.

  • [G. R. No. 191065 : June 13, 2011] PEOPLE OF THE PHILIPPINES, PLAINTIFF-APPELLEE, VS. JONIE DOMINGUEZ, ACCUSED-APPELLANT.

  • [G.R. No. 164153 : June 13, 2011] JOHN ANTHONY B. ESPIRITU, FOR HIMSELF AND AS ATTORNEY-IN-FACT FOR WESTMONT INVESTMENT CORPORATION, STA. LUCIA REALTY AND DEVELOPMENT CORPORATION, GOLDEN ERA HOLDINGS, INC., AND EXCHANGE EQUITY CORPORATION, PETITIONERS, VS. MANUEL N. TANKIANSEE AND JUANITA U. TAN, RESPONDENTS.

  • [G.R. No. 187083 : June 13, 2011] PEOPLE OF THE PHILIPPINES, PLAINTIFF-APPELLEE, VS. EDUARDO DAHILIG Y AGARAN, ACCUSED-APPELLANT.

  • [G.R. No. 171628 : June 13, 2011] ARMANDO V. ALANO [DECEASED], SUBSTITUTED BY ELENA ALANO-TORRES,* PETITIONER, VS. PLANTER'S DEVELOPMENT BANK, AS SUCCESSOR-IN-INTEREST OF MAUNLAD SAVINGS AND LOAN ASSOCIATION, INC.,*** RESPONDENT.

  • [A.M. No. P-09-2715 (formerly A.M. OCA I.P.I. No. 02-1383-RTJ) : June 13, 2011] OFFICE OF THE COURT ADMINISTRATOR, COMPLAINANT, VS. EFREN E. TOLOSA, SHERIFF IV, REGIONAL TRIAL COURT, OFFICE OF THE CLERK OF COURT, SORSOGON CITY, RESPONDENT.

  • [G.R. No. 194836 : June 15, 2011] PEOPLE OF THE PHILIPPINES, PLAINTIFF-APPELLEE, VS. ARNOLD CASTRO Y YANGA, ACCUSED-APPELLANT.

  • [G.R. No. 193840 : June 15, 2011] ALEXANDER S. GAISANO, PETITIONER, VS. BENJAMIN C. AKOL, RESPONDENT.

  • [G. R. No. 178110 : June 15, 2011] AYALA LAND, INC. AND CAPITOL CITIFARMS, INC., PETITIONERS, VS. SIMEONA CASTILLO, LORENZO PERLAS, JESSIELYN CASTILLO, LUIS MAESA, ROLANDO BATIQUIN, AND BUKLURAN MAGSASAKA NG TIBIG, AS REPRESENTED BY THEIR ATTORNEY-IN-FACT, SIMEONA CASTILLO, RESPONDENTS.

  • [G.R. No. 169985 : June 15, 2011] MODESTO LEOVERAS, PETITIONER, VS. CASIMERO VALDEZ, RESPONDENT.

  • [G.R. No. 194367 : June 15, 2011] MARK CLEMENTE Y MARTINEZ @ EMMANUEL DINO, PETITIONER, VS. PEOPLE OF THE PHILIPPINES, RESPONDENT.

  • [G.R. No. 187047 : June 15, 2011] PEOPLE OF THE PHILIPPINES, PLAINTIFF-APPELLEE, VS. MANUEL CRUZ Y CRUZ, ACCUSED-APPELLANT.

  • [G.R. No. 150462 : June 15, 2011] TOP MANAGEMENT PROGRAMS CORPORATION, PETITIONER, VS. LUIS FAJARDO AND THE REGISTER OF DEEDS OF LAS PIÑAS CITY, RESPONDENTS.

  • [G.R. No. 177995 : June 15, 2011] HEIRS OF AGAPITO T. OLARTE AND ANGELA A. OLARTE, NAMELY NORMA OLARTE-DINEROS, ARMANDO A. OLARTE, YOLANDA OLARTE-MONTECER AND RENATO A. OLARTE, PETITIONERS, VS. OFFICE OF THE PRESIDENT OF THE PHILIPPINES, NATIONAL HOUSING AUTHORITY (NHA), MARIANO M. PINEDA, AS GENERAL MANAGER, THE MANAGER, DISTRICT I, NCR, EDUARDO TIMBANG AND DEMETRIO OCAMPO, RESPONDENTS.

  • [G.R. No. 189207 : June 15, 2011] ERIC U. YU, PETITIONER, VS. HONORABLE JUDGE AGNES REYES-CARPIO, IN HER OFFICIAL CAPACITY AS PRESIDING JUDGE, REGIONAL TRIAL COURT OF PASIG-BRANCH 261; AND CAROLINE T. YU, RESPONDENTS.

  • [G.R. No. 187640 : June 15, 2011] PHILIPPINE NATIONAL BANK, PETITIONER, VS. THE SPS. ANGELITO PEREZ AND JOCELYN PEREZ, RESPONDENTS. [G.R. NO. 187687] SPS. ANGELITO PEREZ AND JOCELYN PEREZ, PETITIONERS, VS. PHILIPPINE NATIONAL BANK, RESPONDENT.

  • [G.R. No. 166838 : June 15, 2011] STA. LUCIA REALTY & DEVELOPMENT, INC., PETITIONER, VS. CITY OF PASIG, RESPONDENT, MUNICIPALITY OF CAINTA, PROVINCE OF RIZAL, INTERVENOR.

  • [G.R. No. 175021 : June 15, 2011] REPUBLIC OF THE PHILIPPINES, REPRESENTED BY THE CHIEF OF THE PHILIPPINE NATIONAL POLICE, PETITIONER, VS. THI THU THUY T. DE GUZMAN, RESPONDENT.

  • [G.R. No. 181126 : June 15, 2011] LEONARDO S. UMALE, [DECEASED] REPRESENTED BY CLARISSA VICTORIA, JOHN LEO, GEORGE LEONARD, KRISTINE, MARGUERITA ISABEL, AND MICHELLE ANGELIQUE, ALL SURNAMED UMALE, PETITIONERS, VS. ASB REALTY CORPORATION, RESPONDENT.

  • [G.R. No. 189325 : June 15, 2011] PEOPLE OF THE PHILIPPINES, PLAINTIFF-APPELLEE, VS. TEOFILO RAGODON MARCELINO, JR. ALIAS "TERENCE" AND ALIAS TEOFILO MARCELINO Y RAGODON, ACCUSED-APPELLANT.

  • [G.R. No. 187326 : June 15, 2011] PHILIPPINE ARMY, 5th INFANTRY DIVISION, THROUGH GEN. ALEXANDER YAPSING, LT. COL. NICANOR PENULIAR, AND LT. COL. FERNANDO PASION, PETITIONERS, VS. SPOUSES MAJOR CONSTANCIO PAMITTAN (RET.) AND LEONOR PAMITTAN, SPOUSES ALBERTO TALINIO AND MARIA CHONA P. TALINIO, SPOUSES T/SGT. MELCHOR BACULI AND LAARNI BACULI, SPOUSES S/SGT. JUAN PALASIGUE AND MARILOU PALASIGUE, SPOUSES GRANT PAJARILLO AND FRANCES PAJARILLO, SPOUSES M/SGT. EDGAR ANOG AND ZORAIDA ANOG, AND SPOUSES 2LT. MELITO PAPA AND PINKY PAPA, FOR THEMSELVES AND FOR OTHER OCCUPANTS OF SITIO SAN CARLOS, UPI, GAMU, ISABELA, BY WAY OF CLASS SUIT, RESPONDENTS.

  • [G.R. No. 171742 : June 15, 2011] COMMISSIONER OF INTERNAL REVENUE, PETITIONER, VS. MIRANT (PHILIPPINES) OPERATIONS, CORPORATION, RESPONDENT. [G.R. No. 176165] MIRANT (PHILIPPINES) OPERATIONS CORPORATION (FORMERLY: SOUTHERN ENERGY ASIA-PACIFIC OPERATIONS (PHILS.), INC.), PETITIONER, VS. COMMISSIONER OF INTERNAL REVENUE, RESPONDENT.

  • [G.R. No. 184925 : June 15, 2011] PEOPLE OF THE PHILIPPINES, PLAINTIFF-APPELLEE, VS. JOSEPH MOSTRALES Y ABAD, ACCUSED-APPELLANT.

  • [A.M. No. P-10-2829 : June 21, 2011] JUDGE EDILBERTO G. ABSIN, COMPLAINANT, VS. EDGARDO A. MONTALLA, STENOGRAPHER, REGIONAL TRIAL COURT, BRANCH 29, SAN MIGUEL, ZAMBOANGA PROMULGATED: DEL SUR, RESPONDENT.

  • [A.C. No. 6683 : June 21, 2011] RE: RESOLUTION OF THE COURT DATED 1 JUNE 2004 IN G.R. NO. 72954 AGAINST, ATTY. VICTOR C. AVECILLA, RESPONDENT.

  • [G.R. No. 149433 : June 22, 2011] THE COCA-COLA EXPORT CORPORATION, PETITIONER, VS.CLARITA P. GACAYAN, RESPONDENT.

  • [G.R. No. 192649 : June 22, 2011] HOME GUARANTY CORPORATION, PETITIONER, VS. R-II BUILDERS INC. AND NATIONAL HOUSING AUTHORITY, RESPONDENTS.

  • [G.R. No. 183122 : June 22, 2011] GENERAL MILLING CORPORATION-INDEPENDENT LABOR UNION (GMC-ILU), PETITIONER, VS. GENERAL MILLING CORPORATION, RESPONDENT. [G.R. NO. 183889] GENERAL MILLING CORPORATION, PETITIONER, VS. GENERAL MILLING CORPORATION-INDEPENDENT LABOR UNION (GMC-ILU), ET. AL, RESPONDENTS.

  • [G.R. No. 183122 : June 22, 2011] GENERAL MILLING CORPORATION-INDEPENDENT LABOR UNION (GMC-ILU), PETITIONER, VS. GENERAL MILLING CORPORATION, RESPONDENT. [G.R. NO. 183889] GENERAL MILLING CORPORATION, PETITIONER, VS. GENERAL MILLING CORPORATION-INDEPENDENT LABOR UNION (GMC-ILU), ET. AL, RESPONDENTS.

  • [G.R. No. 182980 : June 22, 2011] BIENVENIDO CASTILLO, PETITIONER, VS. REPUBLIC OF THE PHILIPPINES, RESPONDENT.

  • [G.R. No. 182819 : June 22, 2011] MAXIMINA A. BULAWAN, PETITIONER, VS. EMERSON B. AQUENDE, RESPONDENT.

  • [G.R. No. 182645 : June 22, 2011] IN THE MATTER OF THE HEIRSHIP (INTESTATE ESTATES) OF THE LATE HERMOGENES RODRIGUEZ, ANTONIO RODRIGUEZ, MACARIO J. RODRIGUEZ, DELFIN RODRIGUEZ, AND CONSUELO M. RODRIGUEZ AND SETTLEMENT OF THEIR ESTATES, RENE B. PASCUAL, PETITIONER, VS. JAIME M. ROBLES, RESPONDENT.

  • [G.R. No. 182236 : June 22, 2011] PEOPLE OF THE PHILIPPINES, PLAINTIFF-APPELLEE, VS. CHITO GRATIL Y GUELAS, ACCUSED-APPELLANT.

  • [G.R. No. 186523 : June 22, 2011] PEOPLE OF THE PHILIPPINES, PLAINTIFF-APPELLEE, VS. URBAN SALCEDO ABDURAHMAN ISMAEL DIOLAGRA, ABDULAJID NGAYA, HABER ASARI, ABSMAR ALUK, BASHIER ABDUL, TOTING HANO, JR., JAID AWALAL, ANNIK/RENE ABBAS, MUBIN IBBAH, MAGARNI HAPILON IBLONG, LIDJALON SAKANDAL, IMRAM HAKIMIN SULAIMAN, NADSMER ISNANI SULAIMAN, NADSMER ISNANI MANDANGAN KAMAR JAAFAR, SONNY ASALI AND BASHIER ORDOÑEZ, ACCUSED-APPELLANTS, KHADAFFY JANJALANI, ALDAM TILAO ALIAS "ABU SABAYA," ET AL., AND MANY OTHER JOHN DOES, PETER DOES AND RICHARD DOES, ACCUSED.

  • [G.R. No. 183676 : June 22, 2011] RUEL AMPATUAN "ALIAS RUEL," PETITIONER, VS. PEOPLE OF THE PHILIPPINES, RESPONDENT.

  • [G.R. No. 170646 : June 22, 2011] MA. LIGAYA B. SANTOS, PETITIONER, VS. LITTON MILLS INCORPORATED AND/OR ATTY. RODOLFO MARIÑO, RESPONDENTS.

  • [G.R. No. 170292 : June 22, 2011] HOME DEVELOPMENT MUTUAL FUND (HDMF), PETITIONER, VS. SPOUSES FIDEL AND FLORINDA R. SEE AND SHERIFF MANUEL L. ARIMADO, RESPONDENTS.

  • [A.M. No. RTJ-07-2044 (FORMERLY OCA I.P.I. NO. 07-2553-RTJ) : June 22, 2011] ATTY. FACUNDO T. BAUTISTA, COMPLAINANT, VS. JUDGE BLAS O. CAUSAPIN, JR., PRESIDING JUDGE, REGIONAL TRIAL COURT, BRANCH 32, GUIMBA, NUEVA ECIJA, RESPONDENT.

  • [G.R. No. 193023 : June 22, 2011] NATIONAL POWER CORPORATION, PETITIONER, VS. YUNITA TUAZON, ROSAURO TUAZON AND MARIA TERESA TUAZON, RESPONDENTS.

  • [G.R. No. 170416 : June 22, 2011] UNIVERSITY PLANS INCORPORATED, PETITIONER, VS. BELINDA P. SOLANO, TERRY A. LAMUG, GLENDA S. BELGA, MELBA S. ALVAREZ, WELMA R. NAMATA, MARIETTA D. BACHO AND MANOLO L. CENIDO, RESPONDENTS.

  • [G.R. No. 176740 : June 22, 2011] PEOPLE OF THE PHILIPPINES, APPELLEE, VS. CARLO DUMADAG Y ROMIO, APPELLANT.

  • [A.M. No. MTJ-11-1786 [Formerly OCA IPI No. 10-2262-MTJ] : June 22, 2011] FELICISIMA R. DIAZ, COMPLAINANT, VS. JUDGE GERARDO E. GESTOPA, JR., MUNICIPAL TRIAL COURT, NAGA, CEBU, RESPONDENT.

  • [G.R. No. 170658 : June 22, 2011] ANICETO CALUBAQUIB, WILMA CALUBAQUIB, EDWIN CALUBAQUIB, ALBERTO CALUBAQUIB, AND ELEUTERIO FAUSTINO CALUBAQUIB, PETITIONERS, VS. REPUBLIC OF THE PHILIPPINES, RESPONDENT.

  • [G.R. No. 174158 : June 27, 2011] WILLIAM ENDELISEO BARROGA, PETITIONER, VS. DATA CENTER COLLEGE OF THE PHILIPPINES AND WILFRED BACTAD,[1] RESPONDENTS.

  • [G.R. No. 176951 : June 28, 2011] LEAGUE OF CITIES OF THE PHILIPPINES (LCP), REPRESENTED BY LCP NATIONAL PRESIDENT JERRY P. TREÑAS; CITY OF CALBAYOG, REPRESENTED BY MAYOR MEL SENEN S. SARMIENTO; AND JERRY P. TREÑAS, IN HIS PERSONAL CAPACITY AS TAXPAYER, PETITIONERS, VS. COMMISSION ON ELECTIONS; MUNICIPALITY OF BAYBAY, PROVINCE OF LEYTE; MUNICIPALITY OF BOGO, PROVINCE OF CEBU; MUNICIPALITY OF CATBALOGAN, PROVINCE OF WESTERN SAMAR; MUNICIPALITY OF TANDAG, PROVINCE OF SURIGAO DEL SUR; MUNICIPALITY OF BORONGAN, PROVINCE OF EASTERN SAMAR; AND MUNICIPALITY OF TAYABAS, PROVINCE OF QUEZON, RESPONDENTS. [G.R. No. 177499] LEAGUE OF CITIES OF THE PHILIPPINES (LCP), REPRESENTED BY LCP NATIONAL PRESIDENT JERRY P. TREÑAS; CITY OF CALBAYOG, REPRESENTED BY MAYOR MEL SENEN S. SARMIENTO; AND JERRY P. TREÑAS, IN HIS PERSONAL CAPACITY AS TAXPAYER, PETITIONERS, VS. COMMISSION ON ELECTIONS; MUNICIPALITY OF LAMITAN, PROVINCE OF BASILAN; MUNICIPALITY OF TABUK, PROVINCE OF KALINGA; MUNICIPALITY OF BAYUGAN, PROVINCE OF AGUSAN DEL SUR; MUNICIPALITY OF BATAC, PROVINCE OF ILOCOS NORTE; MUNICIPALITY OF MATI, PROVINCE OF DAVAO ORIENTAL; AND MUNICIPALITY OF GUIHULNGAN, PROVINCE OF NEGROS ORIENTAL, RESPONDENTS. [G.R. No. 178056] LEAGUE OF CITIES OF THE PHILIPPINES (LCP), REPRESENTED BY LCP NATIONAL PRESIDENT JERRY P. TREÑAS; CITY OF CALBAYOG, REPRESENTED BY MAYOR MEL SENEN S. SARMIENTO; AND JERRY P. TREÑAS, IN HIS PERSONAL CAPACITY AS TAXPAYER, PETITIONERS, VS. COMMISSION ON ELECTIONS; MUNICIPALITY OF CABADBARAN, PROVINCE OF AGUSAN DEL NORTE; MUNICIPALITY OF CARCAR, PROVINCE OF CEBU; MUNICIPALITY OF EL SALVADOR, PROVINCE OF MISAMIS ORIENTAL; MUNICIPALITY OF NAGA, CEBU; AND DEPARTMENT OF BUDGET AND MANAGEMENT, RESPONDENTS.

  • [G.R. No. 176579 : June 28, 2011] WILSON P. GAMBOA, PETITIONER, VS. FINANCE SECRETARY MARGARITO B. TEVES, FINANCE UNDERSECRETARY JOHN P. SEVILLA, AND COMMISSIONER RICARDO ABCEDE OF THE PRESIDENTIAL COMMISSION ON GOOD GOVERNMENT (PCGG) IN THEIR CAPACITIES AS CHAIR AND MEMBERS, RESPECTIVELY, OF THE PRIVATIZATION COUNCIL, CHAIRMAN ANTHONI SALIM OF FIRST PACIFIC CO., LTD. IN HIS CAPACITY AS DIRECTOR OF METRO PACIFIC ASSET HOLDINGS INC., CHAIRMAN MANUEL V. PANGILINAN OF PHILIPPINE LONG DISTANCE TELEPHONE COMPANY (PLDT) IN HIS CAPACITY AS MANAGING DIRECTOR OF FIRST PACIFIC CO., LTD., PRESIDENT NAPOLEON L. NAZARENO OF PHILIPPINE LONG DISTANCE TELEPHONE COMPANY, CHAIR FE BARIN OF THE SECURITIES EXCHANGE COMMISSION, AND PRESIDENT FRANCIS LIM OF THE PHILIPPINE STOCK EXCHANGE, RESPONDENTS. PABLITO V. SANIDAD AND ARNO V. SANIDAD, PETITIONERS-IN-INTERVENTION.

  • [G.R. No. 192591 : June 29, 2011] EFREN L. ALVAREZ, PETITIONER, VS. PEOPLE OF THE PHILIPPINES, RESPONDENT.

  • [G.R. No. 172227 : June 29, 2011] SPOUSES WILFREDO PALADA AND BRIGIDA PALADA,* PETITIONERS, VS. SOLIDBANK CORPORATION AND SHERIFF MAYO DELA CRUZ, RESPONDENTS.

  • [G.R. No. 181398 : June 29, 2011] FEB LEASING AND FINANCE CORPORATION (NOW BPI LEASING CORPORATION), PETITIONER, VS. SPOUSES SERGIO P. BAYLON AND MARITESS VILLENA-BAYLON, BG HAULER, INC., AND MANUEL Y. ESTILLOSO, RESPONDENTS.

  • [G.R. No. 188365 : June 29, 2011] BPI FAMILY SAVINGS BANK, INC., PETITIONER, VS. PRYCE GASES, INC., INTERNATIONAL FINANCE CORPORATION, AND NEDERLANDSE FINANCIERINGS-MAATSCHAPPIJ VOOR ONTWIKKELINGSLANDEN N.V., RESPONDENTS.

  • [G.R. No. 148483 : June 29, 2011] BANGKO SENTRAL NG PILIPINAS, PETITIONER, VS. ORIENT COMMERCIAL BANKING CORPORATION, JOSE C. GO, GEORGE C. GO, VICENTE C. GO, GOTESCO PROPERTIES, INC., GO TONG ELECTRICAL SUPPLY INC., EVER EMPORIUM, INC., EVER GOTESCO RESOURCES AND HOLDINGS INC., GOTESCO TYAN MING DEVELOPMENT INC., EVERCREST CEBU GOLF CLUB AND RESORTS, INC., NASUGBU RESORTS INC., GMCC UNITED DEVELOPMENT CORP., GULOD RESORT, INC., OK STAR, EVER PLAZA, INC. AND EVER ELECTRICAL MFG., INC., RESPONDENTS.

  • [G.R. No. 183564 : June 29, 2011] PEOPLE OF THE PHILIPPINES, APPELLEE, VS. LUCRESIO ESPINA, APPELLANT.