Philippine Supreme Court Jurisprudence


Philippine Supreme Court Jurisprudence > Year 2011 > June 2011 Decisions > [G.R. No. 184925 : June 15, 2011] PEOPLE OF THE PHILIPPINES, PLAINTIFF-APPELLEE, VS. JOSEPH MOSTRALES Y ABAD, ACCUSED-APPELLANT. :




SECOND DIVISION

[G.R. No. 184925 : June 15, 2011]

PEOPLE OF THE PHILIPPINES, PLAINTIFF-APPELLEE, VS. JOSEPH MOSTRALES Y ABAD, ACCUSED-APPELLANT.

D E C I S I O N


MENDOZA, J.:

This is an appeal from the March 27, 2008 Decision [1] of the Court of Appeals (CA), in CA-G.R. CR-H.C. No. 00068 which affirmed with modification the September 9, 2003 Decision [2] of the Regional Trial Court, Branch 213, Mandaluyong City (RTC), in Criminal Case No. MC-02-587-FC-H.

The records show that on April 18, 2002, the accused Joseph Mostrales, Diosdado Santos, Ronnie Tan, and ten (10) John Does were charged with kidnapping for ransom, defined and penalized under Article 267 of the Revised Penal Code, as amended by Republic Act (R.A.) No. 7659, in an Information [3] which reads :

That on or about the 12th day of November, 2001, in the City of Mandaluyong, Philippines and within the jurisdiction of this Honorable Court, the above named accused, being then private individuals, conspiring and confederating together with @ JOHN-JOHN, @ KUMANDER AGUILA, @ KUMANDER KIDLAT AND TEN (10) JOHN DOES, whose true identities and present whereabouts are still unknown and mutually helping and aiding one another, did then and there willfully, unlawfully and feloniously, for the purpose of extorting ransom from one MA. ANGELA VINA DEE PINEDA and her parents, threatening to kill the said MA. ANGELA VINA DEE PINEDA if the desired amount of money could not be given, kidnap, carry away, detain and deprive the said MA. ANGELA VINA DEE PINEDA, a minor and a female, of her liberty without authority of law, against her will and consent, which kidnapping or detention lasted for more than five (5) days, and with the ransom payment in the total amount of Eleven Million Pesos (P11,000,000.00), given and delivered to the accused.

CONTRARY TO LAW.

Upon arraignment on July 30, 2002, Joseph Mostrales (Mostrales) pleaded not guilty to the charge. Both his co-accused, Diosdado Santos (Santos) and Ronnie Tan (Tan), remained at-large as of the date of promulgation of the CA Decision. [4]

After the pre-trial conference held on August 22, 2002, trial ensued. The prosecution presented eleven (11) witnesses: Herminio Altarejos (Herminio), the Pinedas' family driver; Elsie Bisagas (Elsie), the victim's nanny; Alex Afable (Alex), another family driver of the Pinedas; Antonio Piodena (Antonio), company driver of Dermparma, Inc.; Police Officer 2 Rossel Dejas (PO2 Dejas), Police Anti-Crime and Emergency Response (PACER) case investigator, Camp Crame; Senior Police Officer 2 Roy Michael Malixi (SPO2 Malixi), PACER case investigator, Camp Crame; Ma. Angela Vina Dee Pineda (Ma. Angela), the kidnap victim; Ma. Aurora Dee Pineda (Ma. Aurora), the victim's mother; Dr. Vinzon Pineda (Dr. Pineda), the victim's father; Ana Navarra (Ana), the victim's former private nurse; and Major Patricia Arumin (Major Arumin), PACER, Camp Crame.

The defense, on the other hand, presented Mostrales, Jaime Cesista (Cesista), Rudy Hombrebueno (Hombrebueno), and Isagani Nerez (Nerez).

VERSION OF PROSECUTION

The evidence for the prosecution shows that on November 12, 2001 at 6:35 o'clock in the morning, Ma. Angela, the fourteen-year old daughter of Dr. Pineda and Ma. Aurora, and her three (3) minor adopted brothers, Isaac, Jacob and Samuel, left their residence in Legaspi Village, Makati City, bound for the Tabernacle of Faith Christian Academy along J. Ruiz Street, San Juan, Metro Manila where Ma. Angela was a high school sophomore.

Ma. Angela and her siblings were aboard a white Hyundai Starex van with plate number WEA 968 driven by Herminio. Alex, another driver of Dr. Pineda, rode in the passenger seat.  Ma. Angela and her nanny, Elsie, were seated at the second row of the van, while the three boys and their nanny, Elgie Bisagas (Elgie), sat at the third row.

On their way to school, they passed along Paseo de Roxas to Makati Avenue and crossed the Makati-Mandaluyong Bridge. From there, they proceeded to Nueve de Febrero and turned towards Calderon Street, in the direction of San Juan. On Calderon Street, the van was following a red Toyota Revo bearing plate number WES 277.

Upon approaching the corner of Calderon and Pilar Streets, the Revo abruptly stopped.  Herminio blew the van's horn, but the Revo slowly moved backward, prompting him to sound the van's horn again. As he did so, the Revo continued to move in reverse until it hit the front of the Starex. Four armed men, dressed in black and carrying long firearms, alighted from the Revo.  Herminio thought that the men were police officers and that he had just committed a traffic violation. Two of the men went to Herminio's side, while the other two positioned themselves at the right side of the van near Alex. [5]

The two men at Herminio's side, one of whom was identified as Mostrales, aimed and poked their guns at the window and demanded that Herminio open the door of the van.  The doors of the van opened, and the two men standing at the opposite side of the van pointed their guns at Alex, yanked him outside, forced him to face a nearby wall with his hands up, and frisked him. The men also took the keys from Herminio, opened the van's sliding door and attempted to force Ma. Angela out of the van, shouting, "Baba, baba!" [6] When Elsie resisted and protectively held on to Ma. Angela, one of the armed men jabbed Elsie with his gun on the right side of her torso, grabbed her feet, and pulled her out of the vehicle, causing her to fall on her back onto the ground. One of the armed men, later identified as Santos, entered the van, took Ma. Angela and brought her to the Revo. The four men boarded the Revo and sped off in the direction of Shaw Boulevard. [7]

Herminio, Alex and Elsie ran after the Revo, shouting for help, saying, "Kinidnap yung kasama naming bata!" [8] When they reached the Shell gasoline station on Shaw Boulevard, they could still see the Revo at Cherry Foodarama.  They flagged down a man on a "hagad" motorcycle going in the direction of Sta. Mesa, whom they presumed to be a policeman, relayed to him what had transpired, and pointed to the Revo.  The man asked Herminio for the Revo's plate number and color and pursued the vehicle. When he returned, however, he informed Herminio and his companions that he had failed to overtake the vehicle. They returned to the place of the incident, where they saw two policemen in a mobile patrol car. [9] They reported what happened and then proceeded to the Mandaluyong Police Headquarters.

From the Mandaluyong Police Headquarters, Herminio and his companions went to the National Anti-Kidnapping Task Force (NAKTAF) Office in Camp Crame, Quezon City.  In the NAKTAF office, Herminio identified Joseph Mostrales and his co-accused Diosdado Santos from photographs shown to him. Herminio, Elsie and Alex then executed their respective sworn statements. Herminio added that he later read in a newspaper that Santos had been killed in another incident.

On that same day, a man called up the Pineda residence in Makati and identified himself to Dr. Pineda as "Kumander Kidlat." The caller informed Dr. Pineda that his group had Ma. Angela and warned him not to report the incident to anyone and then hung up.  Thereafter, Kumander Kidlat called the Pineda residence every half hour, initially demanding P100 million in ransom, but which was eventually negotiated down to P35 million. Dr. Pineda, however, insisted that he could raise P3 million only. Enraged, Kumander Kidlat repeatedly cussed and directed profanities against him. [10]

Dr. Pineda and his ex-wife, [11] Ma. Aurora, Ma. Angela's mother, agreed to collectively raise P5 million as ransom money.  Kumander Kidlat, however, adamantly demanded for a higher amount and threatened to kill Ma. Angela and dump her body in the creek in either the Amorsolo or Valle Verde area. Ma. Aurora testified that on November 13, 2001, while Dr. Pineda was at the bank, Kumander Kidlat let her listen to Ma. Angela's voice over the phone and told her that if they would not deliver the amount their group was demanding, they would rape and kill her daughter.

On November 16, 2001, Dr. Pineda and Kumander Kidlat finally agreed that Ma. Angela's family would pay ransom in the amount of P8 million. Dr. Pineda raised P6 million while Ma. Aurora contributed P2 million. Dr. Pineda personally counted the bills and, following Kumander Kidlat's instructions, arranged the money in a backpack.

On the morning of November 17, 2001, Kumander Kidlat called Dr. Pineda and told him to be ready to deliver the ransom amount.  Per his instructions, Ma. Aurora was to deliver the ransom money.  He also told Dr. Pineda and Ma. Aurora to have their cellphones ready to receive his instructions.  Dr. Pineda's driver, Antonio, was assigned to chauffeur Ma. Aurora. [12]

At 8:00 o'clock in the morning of the same day, Kumander Kidlat called Ma. Aurora on her cellphone and instructed her to go home and wait for further instructions. After twenty minutes, he called again and instructed her to go to Pancake House in Magallanes. A few minutes after reaching the said restaurant, Kumander Kidlat ordered her to proceed to the Petron station along South Luzon Expressway, where she and Antonio waited for an hour. Kumander Kidlat then instructed her to proceed to Batangas by taking the Carmona Exit, then to turn around, proceed to C-5 and wait at the Smart Zed billboard area where she would give the ransom money to a man who would approach her and would mention the word "Aguila." [13]

As instructed, Ma. Aurora and Antonio waited in the car until a man in a white shirt and jeans approached Ma. Aurora's side of the vehicle and told her, "[P]inagutusan lang po, Aguila."  Then, she handed over the blue bag containing the ransom money to the man, who took it and her cellphone, and told them, "Umalis na kayo." [14]

Notwithstanding the payoff, the kidnappers did not release Ma. Angela.  Two days later, on November 19, 2001, Kumander Kidlat called up Dr. Pineda at his Makati residence. When the latter asked why Ma. Angela was not released, Kumander Kidlat responded with invectives and demanded more money, saying, "Huwag ka na magcomplain, magbigay ka pa." [15] Dr. Pineda said that his family could not give any more than what had already been given.  Kumander Kidlat told him that he would call again. Literally sick with fear and worry for his daughter, Dr. Pineda had to be confined at the Makati Medical Center. Upon further negotiations, the kidnappers again demanded that Dr. Pineda and Ma. Aurora pay an additional ransom of P35 million.

For a week, the Pinedas were not allowed to speak with their daughter. The family, thus, sought the assistance of Teresita Ang See (Ang See), who introduced them to NAKTAF operatives.

Under the direction of Col. Allan Purisima, Ma. Aurora again negotiated with the kidnappers for Ma. Angela's release in exchange for the payment of a second ransom. For security reasons, during the course of their negotiations, the Pinedas had to constantly relocate and stay at various hotels and condominium units. After several rounds of negotiation, the kidnappers agreed to reduce the amount of the second ransom from P35 million to P3 million. Dr. Pineda raised P2 million while Ma. Aurora contributed P1 million. Following Kumander Kidlat's instructions, Ma. Aurora placed the ransom money in a backpack.

In the meantime, Ana, Ma. Angela's private nurse from birth until she was six years old, testified that she spoke with Ma. Aurora after she learned that Ma. Angela had been kidnapped.  On November 20, 2001, Ana met with Ma. Aurora at the Makati Medical Center where Dr. Pineda was confined.  Ana was with Ma. Aurora on December 8, 2001, while the latter spoke with Kumander Kidlat on the phone about the delivery of the second ransom.  Ana related that Ma. Aurora was crying so hard she could hardly speak.  Thus, she took the cellphone from Ma. Aurora and talked to Kumander Kidlat herself.  She pleaded with him to allow her to deliver the ransom money to them. Kumander Kidlat acceded and instructed her to proceed to Batangas where his group would receive the money.  Thus, Ma. Aurora handed over to Ana the black backpack containing the P3 million ransom money.

Thereafter, Ana and Major Arumin of the NAKTAF left the Pineda residence in Makati for Batangas via South Luzon Expressway. As instructed by Kumander Kidlat, Ana and Major Arumin stopped at the Petron gas station. Ana spoke with Kumander Kidlat on the phone and was instructed ten minutes later to exit at Southwoods and proceed back to Manila.  They were then directed to head to the Centennial Building along C-5 and to stop below the Hi-Nulac billboard at the end of the road.  Shortly thereafter, a man approached the car and identified himself to them as "Kumander Aguila." After the man took the bag containing the P3 million ransom money and Ana's phone, she and Major Arumin drove back to Makati.

On December 8, 2001, after twenty seven (27) days in captivity, Ma. Angela was taken by the kidnappers to a place where a taxicab was waiting. Following the instructions given to her, Ma. Angela boarded the cab and gave the driver her address. Upon arrival at the building where their family lived, the security guard stationed at the ground floor accompanied her to their unit where she was reunited with her family.

VERSION OF THE ACCUSED

Mostrales denied having participated in Ma. Angela's abduction and claimed that at the time she was kidnapped and immediately prior thereto, he was at his hometown in Barangay Lauren, Umingan, Pangasinan. To vouch for his character, he drew on his having served as a member of the Philippine Marines from April 16, 1984 to March 2002 and his having been assigned as close-in security to Former President Joseph Ejercito Estrada.

The accused related that on October 31, 2001, he and his family visited his father's grave in Barangay Lauren, and that he stayed in Pangasinan for seventeen (17) days thereafter, or until November 17, 2001.

He recalled that on November 12, 2001, he stayed at home with his mother, his siblings and some of their neighbors who were visiting them at that time.

He further testified that in April 2002, he underwent surgery after having been injured in a vehicular accident in Mambungan, Antipolo City. Thereafter he returned to Pangasinan to recuperate. Several days later, however, on May 12, 2002, several NAKTAF operatives arrested him for his alleged involvement in the abduction of Ma. Angela.

Cesista, a farmer and allegedly a barangay tanod in Barangay Lauren, Umingan, Pangasinan, testified that he was a good friend of the Mostrales family and had known the accused since the latter was in elementary school. They were neighbors in Barangay Lauren, his house being situated approximately five meters away from the Mostrales residence. He also claimed that he saw Mostrales from November 1 to 17, 2001, particularly at 6:00 o'clock in the morning and in the afternoon of November 12, 2001, when the kidnapping took place. The next time he saw Mostrales in Pangasinan was on May 12, 2002.

Hombrebueno, a tricycle driver and a member of the Civilian Volunteer Organization of Barangay Lauren, testified that Mostrales was his childhood friend and neighbor, and that he had known him since he was in grade school.  Hombrebueno recalled that he saw the accused sometime in the morning of November 12, 2001 while he was driving his tricycle.

RULING OF THE REGIONAL TRIAL COURT

In its Decision dated September 9, 2003, the RTC held that the prosecution had duly proved the elements of Kidnapping for Ransom and found Mostrales guilty of violation of Article 267 of the Revised Penal Code, as amended by R.A. No. 7659.  The dispositive portion of the decision reads:

WHEREFORE, the prosecution having successfully proved beyond per adventure of doubt the guilt of the accused JOSEPH MOSTRALES Y ABAD for Violation of Article 267 of the Revised Penal Code as amended by Republic Act 7659, he is hereby sentenced to suffer the penalty of DEATH, the intent or purpose of kidnapping being to extort ransom in addition to the justifying circumstances that said kidnapping had lasted for more than three (3) days and that the person kidnapped is a minor while the accused is neither the parents, female, nor public officer.

Further, said accused JOSEPH MOSTRALES Y ABAD is hereby ordered to pay the private complainants the following amount:

  1. ELEVEN MILLION PESOS (P11,000,000.00), Philippine Currency; representing the unrecovered ransom money;

  2. TWO MILLION PESOS (P2,000,000.00) Philippine currency, for and as moral damages to enable the injured parties to obtain means, diversion or amusements that will serve to alleviate the moral suffering they have undergone by reason of the accused's culpable action;

  3. TWO HUNDRED [SIXTY] EIGHT THOUSAND, NINETY THREE PESOS AND THIRTY SEVEN CENTAVOS (P268,093.37) as compensatory damages representing the actual pecuniary loss suffered by the private complainants from transportation, security, hospital, telephone and safe houses expenses.

The Branch Clerk of Court is hereby directed to transmit the entire records of this case pursuant to the provisions of Section 10, Rule 122 of the Revised Rules of Criminal Procedure.

SO ORDERED. [16]

RULING OF THE COURT OF APPEALS


The CA agreed with the RTC and found the arguments of the accused to be without merit. In its March 27, 2008 Decision, the CA affirmed with modification the decision of the RTC, downgrading the penalty from death to reclusion perpetua. The dispositive portion thereof states:

WHEREFORE, the decision dated September 29 [9], 2003 in Criminal Case No. MC-02-587-FC-H of the RTC, Branch 213, Mandaluyong City, is AFFIRMED with the MODIFICATION that accused-appellant is sentenced to reclusion perpetua without eligibility for parole and is ordered to pay to private complainant and her parents the amounts of P11,198,642.84 as actual damages, P100,000.00 as moral damages and P100,000.00 as exemplary damages.

SO ORDERED. [17]

Hence, this appeal.

Before this Court, the accused adopts the arguments contained in his Appellant's Brief [18] filed before the CA as his supplemental brief, as all the arguments pertinent to his defense have already been adequately raised therein.  In his brief, he presented the following:

ASSIGNMENT OF ERRORS

I.

THE TRIAL COURT ERRED IN NOT GIVING CREDENCE TO ACCUSED-APPELLANT'S ALIBI; and

II.

THE TRIAL COURT ERRED IN CONVICTING THE ACCUSED-APPELLANT OF KIDNAPPING FOR RANSOM WHEN THE LATTER'S GUILT WAS NOT PROVEN BEYOND REASONABLE DOUBT.

The Office of the Solicitor General (OSG) likewise adopts the issues raised in its Brief for the Appellee [19] where it argued that the guilt of the accused was proven beyond reasonable doubt and, accordingly, recommended that the appealed decision, being in conformity with the law and the evidence presented, be affirmed in toto.

RULING OF THE COURT

The Court agrees with the findings of the CA and affirms its decision with the sole modification that the amount of moral damages awarded be increased to P200,000.00 in light of recent jurisprudence.

All the elements of kidnapping under
Article 267 of the Revised Penal Code
were proven in this case.


Article 267 of the Revised Penal Code, as amended by R.A. No. 7659, [20]  provides:

Art. 267. Kidnapping and serious illegal detention. - Any private individual who shall kidnap or detain another, or in any other manner deprive him of his liberty, shall suffer the penalty of reclusion perpetua to death:

  1. If the kidnapping or detention shall have lasted more than three days.

  2. If it shall have been committed simulating public authority.

  3. If any serious physical injuries shall have been inflicted upon the person kidnapped or detained; or if threats to kill him shall have been made.

  4. If the person kidnapped or detained shall be a minor, except when the accused is any of the parents, female or a public officer.

The penalty shall be death where the kidnapping or detention was committed for the purpose of extorting ransom from the victim or any other person, even if none of the circumstances above-mentioned were present in the commission of the offense.

When the victim is killed or dies as a consequence of the detention or is raped, or is subjected to torture or dehumanizing acts, the maximum penalty shall be imposed.

In this case, the prosecution was able to prove all the elements of kidnapping:

(1) The offender is a private individual; not either of the parents of the victim or a public officer who has a duty under the law to detain a person;

(2) He kidnaps or detains another, or in any manner deprives the latter of his liberty;

(3) The act of detention or kidnapping must be illegal; and

(4) In the commission of the offense, any of the following circumstances is present:

(a) the kidnapping or detention lasts for more than three days;

(b)  it is committed by simulating public authority;

(c)  any serious physical injuries are inflicted upon the person kidnapped or detained or threats to kill him are made or

(d)  the person kidnapped or detained is a minor, female or a public official. [21] [Emphases supplied]

The essence of the crime of kidnapping is the actual deprivation of the victim's liberty, coupled with indubitable proof of the intent of the accused to effect the same. Moreover, if the victim is a minor, or the victim is kidnapped and illegally detained for the purpose of extorting ransom, the duration of his detention becomes inconsequential. Ransom here means money, price or consideration paid or demanded for the redemption of a captured person that will release him from captivity. [22]

As the CA correctly stated, although the accused testified that he was a member of the Philippine Marines on November 12, 2001, he had no duty under the law to detain Ma. Angela.  Her kidnapping was clearly illegal and undertaken for the purpose of extorting ransom from her family.

Positive Identification
of the Accused

Mostrales was positively identified by two prosecution witnesses, Herminio and Alex, as one of the four men who abducted Ma. Angela on November 12, 2001. Herminio, in particular, narrated in explicit details how he and his co-accused kidnapped Ma. Angela:

tr>
Q-
As a family driver, you said, what is the nature of your duties?
A-
Fetching their child, Angela Pineda, from home to her school, sir.
xxx xxx xxx
Q-
On November 12, 2001, what did you do, if any?
A-
I drove her to school.
Q-
When you said you drove her to school, [to] what school are you referring to?
A-
Tabernacle of Faith, sir, Christian Academy in San Juan.
Q-
What vehicle did you use then?
A-
A Starex Van, color white, with Plate No. WEA 968.
Q-
And who were with you, if any?
A-
With me is another driver, Alex Afable...
COURT:
Q-
What is the first name of Afable?
A-
Alex Afable, your honor, together with Angela Pineda, her Yaya, Elsie Bisagas, and three (3) adopted male children of Dr. Pineda.
xxx xxx xxx
Q-
What happened along the way while you were along Calderon Street, by the way, this Calderon Street, what place is this?
A-
In Mandaluyong City, sir.
Q-
What happened when you were along Calderon Street?
A-
We were tailing a Revo red car, when we approached the corners of Calderon and Pilar Streets, said car stopped.
Q-
Do you know the plate number of that Toyota Revo vehicle?
A-
Yes, sir.
Q-
What?
A-
WES 277.
Q-
What happened next, if any, when the Revo stopped in front of you, at the corner of Pilar Street?
A-
When the Revo stopped, because we are in a hurry, because we are chasing the time (sic), I blew my horn and after that, instead of them moving forward, they slowly moved backward.
Q-
So, what did you do?
A-
So, what I did is that I blew my horn again, sir.
Q-
What happened after you blew your horn for the second time?
A-
While I was blowing my again (sic) horn, we were bumped backward by the said vehicle and the front of the car was hit, sir.
Q-
What else happened?
A-
After having bumped our car, the four (4) suspects got off from the said vehicle.
Q-
These four (4) suspects, who alighted from the car, were they holding anything or none at all?
A-
They were armed with long firearms, sir.
Q-
What followed next after they alighted with long firearms, the four (4) suspects?
A-
After they alighted with long firearms, they ran towards us, the two (2) suspects went to my position and the other two (2) positioned themselves at the right side, near Alex.
Q-
Those two (2) persons that positioned themselves near you, what did they do, if any, when they were near you?
A-
They "tinumbok" their gun at the driver's window of the car on my side.
xxx xxx xxx
ATTY. PAMARAN
Q-
What followed next?
A-
What happened next is that the door at Alex's side suddenly opened.
Q-
And what followed thereafter?
A-
Thereafter, the suspects pointed the gun to (sic) Alex, brought him to the wall and frisked him.
xxx xxx xxx
COURT:
Q-
What followed next, after Alex was told to face the wall with hands up?
A-
One of the suspects had already opened (the) sliding door, the passenger's door of the van.
Q-
And then, what followed?
A-
Thereafter, they attempted forcibly to take away Angela Pineda but they cannot because she was embraced by her Yaya, namely Elsie Bisagas.
xxx xxx xxx
Q-
What happened when Elsie was embracing Pineda?
A-
Because of the difficulty of taking away Angela Pineda, one of the suspects hit Elsie with the point of a gun to her right side.
xxx xxx xxx
ATTY. PAMARAN
Q-
What followed next, when the suspect thrust the end of his rifle or his long firearm on the side of Elsie?
A-
Since they cannot get Angela, what the suspect d[id], they took the feet of Elsie and pulled her outside.
xxx xxx xxx
ATTY. PAMARAN:
Q-
After Elsie was pulled outside of the vehicle, what happened next to Elsie?
A-
She fell on the street.
Q-
What was her position when she fell on the street?
A-
She fell on the ground on her back.
Q-
And then what followed next?
A-
After that, the suspect immediately went inside of the vehicle and took away Angela.
Q-
How did they take Angela?
A-
With his single hand, he put his arm around her.
Q-
And then after putting the arm around her, what did they do?
A-
They run (sic) Angela inside their vehicle.
Q-
Where was their vehicle then?
A-
In front of our vehicle.
Q-
What followed next after they rushed Angela to their vehicle?
A-
All of them boarded their vehicle, they proceeded to Shaw Boulevard, sir.

xxx xxx xxx

Q-
And how about you, what did you do?
A-
And then, I immediately alighted from our vehicle and run (sic) after them and shouted for help, "kinidnap `yung kasama naming bata".
Q-
How about your other companions, what did they do?
A-
They ran after me, Elsie Bisagas and Alex Afable, but I ran first.
xxx xxx xxx
Q-
Do you know the accused or do you know any of the accused or any of the suspects?
A-
Yes, sir.
Q-
If any of the suspects, as you remember, is in court, will you point him out?
A-
Yes, sir.
Q-
Please do so.
A-
(sic) There he is, sir.
xxx xxx xxx
INTERPRETER:
The witness pointed to the person seated at the third row and identified himself as Joseph Abad Mostrales.
xxx xxx xxx
(Emphases supplied.) [23]

Alex similarly identified the accused as one of Angela's abductors and corroborated Herminio's testimony:

Q:
What did you notice in the T.V. News?
A:
I saw one of the kidnappers of the daughter of Dr. Pineda, sir.
Q:
Is that one of the kidnappers (sic) that you saw in court now?
A:
Yes, sir.
Q:
Please point to him, if any? (sic)
COURT:
Q:
Where is he sitting?
A:
Second row, Your Honor.
xxx xxx xxx
INTERPRETER;
Witness is pointing to a person [i]nside the court room [who] when asked to identify himself answered to the name of JOSEPH MOSTRALES Y ABAD.
ATTY. PAMARAN:
Why did you say that the person you pointed at was one of the kidnappers?
A:
Because I saw him when he alighted [f]rom the Revo car, sir.
Q:
In that particular happening of the incident, do you know if he perform[ed] anything?
A:
I don't know what he did but I [s]aw him when he went to the left [s]ide of the Starex Van, sir.
xxx xxx xxx
Q:
Now, may I ask you again why you remember or why are you sure that he was one of the kidnappers?
A:
Because I actually saw him and [c]annot forget his face, sir.
xxx xxx xxx

 

(Emphasis supplied.) [24]

There was no doubt in the identification of the accused by Herminio and Alex. Both witnesses positively identified him in their testimony and pointed at him in the court room.  Herminio was even able to identify him from a photograph shown to him at the NAKTAF headquarters and described his physical appearance to the NAKTAF operatives in his sworn statement even before the photos were shown to him.

The accused's defense of alibi is not credible.

As the CA emphatically stated, "the defense of alibi may not be successfully invoked where the identity of the assailant has been established by the witnesses." [25] Alibi and denial are inherently weak defenses [26] and should be received with caution, because they can be easily fabricated, [27] and must be brushed aside when the prosecution has sufficiently and positively ascertained the identity of the accused. [28]

The positive identification of the accused, when categorical and consistent, and without any showing of ill motive on the part of the eyewitnesses testifying, should prevail over the alibi and denial of the accused, whose testimony is unsubstantiated by clear and convincing evidence. [29]

For alibi to succeed as a defense, the accused must establish by clear and convincing evidence, first, his presence at another place at the time of the perpetration of the offense, and second, the physical impossibility of his presence at the scene of the crime. [30] The concept of physical impossibility refers not only to the distance between the place where the accused was when the crime transpired and the place where it was committed, but also to the facility of access between the two places. [31]  The excuse must be so airtight that it would admit of no exception. [32] Where there is the least chance for the accused to be present at the crime scene, the defense of alibi must fail. [33]

In the case at bench, the accused failed to sufficiently prove that it was physically impossible for him to have been present at the place where the crime was committed. The accused himself testified that if traffic was light, it would only take three to four hours to commute from Umingan, Pangasinan to Manila. Travel time may even be reduced significantly to less than three hours if one would travel using a private vehicle.  Thus, as the CA concluded, it was physically possible for the accused to have been at the scene of the crime in Mandaluyong City in the early hours of November 12, 2001, and in Umingan, Pangasinan on the same day before noon.

The accused clearly failed to convincingly establish that he was in another place at the time of Ma. Angela's kidnapping. Both the RTC and the CA found the testimony of prosecution witnesses, Herminio and Alex, to be more credible than those of Cesista and Hombrebueno. Well-settled is the rule that the findings of the trial court on the credibility of witnesses and their testimonies are entitled to the highest respect. Having seen and heard the witnesses and having observed their behavior and manner of testifying, the trial court is deemed to have been in a better position to weigh the evidence. [34]As the accused has failed to show that the trial court misappreciated any of the facts before it, there is no reason to deviate from the established doctrine.

Juxtaposing the testimonies offered by the prosecution witnesses and the defense witnesses, the latter's recollection appears unreliable and tailor-made for the accused. This clearly militates against their credibility. Testimonial evidence should not only be given by a credible witness; it should also be credible, reasonable and in accord with human experience.  As the CA observed:

x x x Defense witness Jaime [Cesista], on the other hand, merely mentioned in passing that he saw accused-appellant at 6:00 A.M. on November 12, 2001 and in the afternoon of the same date. He did not say what made him distinctly remember seeing accused-appellant during those hours, considering that he also claimed to have seen accused-appellant everyday from November 1, 2001 to November 17, 2001. It is incredible that Rudy [Hombrebueno], the other defense witness, remembered seeing accused-appellant at 6:00 A.M. and in the afternoon of November 12, 2001 but could not recall the other persons whom he saw that day. It was only accused-appellant whom he remembered seeing for no significant reason, and he could not even recall any of the passengers who boarded his tricycle that day. [35]

The Court gives less probative weight to a defense of alibi when it is corroborated by friends and relatives, as in this case, where both corroborating witnesses are close friends of the accused. One can easily fabricate an alibi and ask friends and relatives to corroborate it. [36]

Thus, the prosecution having established beyond reasonable doubt the guilt of the accused, his conviction must be upheld.

The modification of the sentence from
death to reclusion perpetua is affirmed
.


The Court also affirms the downgrading of the sentence from death to reclusion perpetua in light of the passage of R.A. No. 9346, An Act Prohibiting the Imposition of the Death Penalty in the Philippines, the pertinent provisions of which provide:

SECTION 1. The imposition of the penalty of death is hereby prohibited. Accordingly, Republic Act No. Eight Thousand One Hundred Seventy-Seven (R.A. No. 8177), otherwise known as the Act Designating Death by Lethal Injection is hereby repealed. Republic Act No. Seven Thousand Six Hundred Fifty-Nine (R.A. No. 7659), otherwise known as the Death Penalty Law, and all other laws, executive orders and decrees, insofar as they impose the death penalty are hereby repealed or amended accordingly.

SEC. 2. In lieu of the death penalty, the following shall be imposed.

(a) the penalty of reclusion perpetua, when the law violated makes use of the nomenclature of the penalties of the Revised Penal Code; or

(b) the penalty of life imprisonment, when the law violated does not make use of the nomenclature of the penalties of the Revised Penal Code.

SEC. 3. Person convicted of offenses punished with reclusion perpetua, or whose sentences will be reduced to reclusion perpetua, by reason of this Act, shall not be eligible for parole under Act No. 4180, otherwise known as the Indeterminate Sentence Law, as amended.

x x x

The award of moral damages is modified
in light of recent jurisprudence
.


Lastly, on the matter of damages, the CA reduced the award of P2 million granted by the RTC as moral damages to P100,000.00, citing the 2004 case of People v. Castillo [37] and the 2007 case of People v. Rodrigo. [38] More recent cases, [39]  however, dictate that moral damages in the amount of P200,000.00 be awarded. The award of P100,000.00 as exemplary damages is sustained.

WHEREFORE, the March 27, 2008 Decision of the Court of Appeals in CA-CR H.C.-No. 00068 is AFFIRMED with the sole MODIFICATION that the award of moral damages to private complainant and her parents is hereby ordered increased to P200,000.00.

SO ORDERED.

Carpio, (Chairperson), Leonardo-De Castro,* Peralta, and Abad, JJ., concur.

Endnotes:


* Designated as acting member of the Second Division per Special Order No. 1006 dated June 10, 2011.

[1] Rollo, pp. 3-30. Penned by Associate Justice Hakim S. Abdulwahid, with Associate Justices Rodrigo V. Cosico and Mariflor P. Punzalan Castillo, concurring.

[2] CA rollo, pp. 34-71.

[3] Id. at 14.

[4] Rollo, p. 4.

[5]  Id. at 6.

[6]  Id. at. 7 and CA rollo, p. 42.

[7]  Rollo, pp. 6-7.

[8] Id. at 7 and 23, citing TSN, September 24, 2002, pp. 29-30.

[9] Id. at 7.

[10] Id. at 8.

[11] Both Dr. Pineda and Ma. Aurora testified that their marriage was annulled by both the Roman Catholic Church in 1995 and by a court in 1998.

[12] Rollo, p. 9.

[13] Id. at 10.

[14] Id.

[15] Id.

[16] CA rollo, p. 71.

[17] Rollo, p. 29.

[18] CA rollo, pp. 98-115.

[19] Id. at 157-176.

[20] An Act To Impose The Death Penalty On Certain Heinous Crimes, Amending For That Purpose The Revised Penal Laws, As Amended, Other Special Penal Laws, And For Other Purposes.

[21] People v. Bringas, G.R. No. 189093, April 23, 2010, 619 SCRA 481, 509, citing People v. Mamantak, G.R. No. 174659, July 28, 2008, 560 SCRA 306, 307.

[22] Id., citing People v. Jatulan, G.R. No. 171653, April 24, 2007, 522 SCRA 174, 187.

[23] Rollo, pp. 20-23, citing TSN, September 24, 2002, pp. 11-17, 19-21, 24-26, 29-30.

[24] Id. at 24-25, citing TSN, November 26, 2002, pp. 27-30.

[25] Id. at 25, citing People v. Santos, 464 Phil. 941, 952 (2004), citing People v. Manzano, 422 Phil. 97, 110 (2001), and People v. Medios, 422 Phil. 431, 441 (2001).

[26] People v. Ebet, G.R. No. 181635, November 15, 2010.

[27] People v. Tamolon and Cabagan, G.R. No. 180169, February 27, 2009, 580 SCRA 384, 395, citing People v. Penaso, 383 Phil. 200, 210 (2000).

[28] People v. Ebet, supra note 26.

[29] Rollo, p. 25, citing People v. Abes, 465 Phil. 165, 185 (2004).

[30] Id., citing People v. Obrique, 465 Phil. 221, 243 (2004).

[31] People v. Salcedo, G.R. No. 178272, March 14, 2011, citing People v. Delim, G.R. No. 175942, September 13, 2007, 533 SCRA 366, 379.

[32] People v. Bracamonte, 327 Phil. 160, 162 (1996).

[33] People v. Salcedo, supra note 31, citing People v. Felipe Dela Cruz, G.R. No. 168173, December 24, 2008, 575 SCRA 412, 439.

[34] People v. Sally, G.R. No. 191254, October 13, 2010, citing People v. Ofemiano, G.R. No. 187155, February 1, 2010, 611 SCRA 250, 256.

[35] Rollo, pp. 25-26.

[36] People v. Salcedo, supra note 31, citing People v Sumalinog, Jr., 466 Phil. 637, 651 (2004).

[37] G.R. No. 132895, March 10, 2004, 469 Phil. 87 (2004).

[38] G.R. No. 173022, January 23, 2007, 512 SCRA 360.

[39] People v. Pepino, G.R. No. 183479, June 29, 2010, 622 SCRA 293, 308; People v. Bautista, G.R. No. 188201, June 29, 2010, 622 SCRA 524, 547; and People v. Bringas, G.R. No. 189093, April 23, 2010, 619 SCRA 481, 516.



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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.