Philippine Supreme Court Jurisprudence


Philippine Supreme Court Jurisprudence > Year 2011 > October 2011 Decisions > [G.R. No. 176884 : October 19, 2011] CARMELITO N. VALENZONA, PETITIONER, VS. FAIR SHIPPING CORPORATION AND/OR SEJIN LINES COMPANY LIMITED, RESPONDENTS.:




FIRST DIVISION

[G.R. No. 176884 : October 19, 2011]

CARMELITO N. VALENZONA, PETITIONER, VS. FAIR SHIPPING CORPORATION AND/OR SEJIN LINES COMPANY LIMITED, RESPONDENTS.

D E C I S I O N


DEL CASTILLO, J.:

"Permanent disability refers to the inability of a worker to perform his job for more than 120 days, regardless of whether he loses the use of any part of his body.  What determines petitioner's entitlement to permanent disability benefits is his inability to work for more than 120 days."[1]  On the other hand, "[p]ermanent total disability means disablement of an employee to earn wages in the same kind of work, or work of similar nature that he was trained for or accustomed to perform, or any kind of work which a person of his mentality and attainment could do.  It does not mean absolute helplessness."[2]

This Petition for Review on Certiorari assails the January 17, 2007 Decision[3] of the Court of Appeals (CA) in CA-G.R. SP No. 96303 which dismissed the Petition for Certiorari filed by petitioner Carmelito N. Valenzona (petitioner).  Also assailed is the February 28, 2007 Resolution[4] denying the motion for reconsideration.

Factual Antecedents

On May 5, 2001, respondent Fair Shipping Corporation, for and on behalf of its principal, respondent Sejin Lines Company Limited, hired petitioner as 2nd Assistant Engineer aboard its vessel M/V Morelos for a duration of nine months.[5] Before his embarkation on May 23, 2001,[6] he was declared medically "fit to work."[7]

However, while aboard the vessel on September 29, 2001, petitioner complained of chest pain.[8]  He was thus brought to Centro Medico Quirurgico Echauri in Mexico where he was confined up to October 6, 2001 and diagnosed with "hypertensive crisis, high blood pressure."[9]

A day after his repatriation to the Philippines on October 8, 2001,[10] petitioner was examined by Dr. Nicomedes G. Cruz (Dr. Cruz), the company-designated physician who diagnosed his illness as hypertension.[11] Dr. Cruz continuously treated petitioner for six months, i.e., from October 9, 2001 until April 25, 2002.[12]

On April 18, 2002, however, petitioner consulted another doctor, a certain Dr. Mapapala at the Jose Reyes Memorial Medical Center who diagnosed him with "Hypertensive Cardiovascular Disease".[13]  Considering his prolonged sickness, petitioner, on April 18, 2002, through Atty. Anastacio P. Marcelo, wrote a letter[14] to respondents demanding payment of the balance of his sickness allowance and permanent disability benefits.  However, same went unheeded.[15]

Thereafter, or on April 25, 2002, Dr. Cruz issued a certification declaring petitioner as fit to work.[16]

Unconvinced, on April 27, 2002, petitioner consulted Dr. Rodrigo F. Guanlao, an Internist-Cardiologist at the Philippine Heart Center who diagnosed him with "Ischemic heart disease, Hypertensive cardiovascular disease and congestive heart failure" and also declared him unfit to work in any capacity.[17]

Hence, petitioner filed a complaint for recovery of disability benefits, sickness allowance, attorney's fees and moral damages.[18]

Ruling of the Labor Arbiter

On January 31, 2003, the Labor Arbiter[19] rendered a Decision[20] the dispositive portion of which reads as follows:

CONFORMABLY WITH THE FOREGOING, judgment is hereby rendered ordering the respondents in solidum to pay complainant in peso equivalent, the following amount:

1. P21,581.39 as the balance of his sickness allowance; and
2. US$809.00 his one (1) month pay as penalty.

SO ORDERED.[21]

The Labor Arbiter awarded sickness allowance to petitioner equivalent to four months of his basic wage[22] pursuant to the Standard Terms and Conditions Governing the Employment of Filipino Seafarers On Board Ocean-Going Vessels[23] (or the POEA's[24] Standard Employment Contract) and petitioner's Collective Bargaining Agreement (CBA).[25]  Records however showed that petitioner already received partial payment of his sickness allowance, hence he is entitled only to the remaining balance of P21,581.39.[26]

Anent petitioner's claim for disability benefits, the Labor Arbiter opined that he is not entitled thereto because under the CBA, said benefits can be claimed only for disability resulting from accidents and not due to illness.[27]  The Labor Arbiter also held that even under the POEA Standard Employment Contract, particularly Section 20, paragraph B thereof, petitioner is not entitled to disability benefits since he was declared fit to work by the company-designated physician.  Corollarily, the Labor Arbiter found the assessment of Dr. Cruz deserving of more credence than the assessments of the private physicians consulted by petitioner because the former treated petitioner more extensively.[28]  Nonetheless, the Labor Arbiter noted that respondents failed to deploy petitioner even after he was declared fit to work; thus, the respondents were ordered to pay petitioner his one-month salary as penalty therefor.[29]

Ruling of the National Labor Relations Commission (NLRC)

Both parties filed their appeal to the NLRC.  On May 26, 2006, the NLRC rendered its Decision[30] the dispositive portion of which reads:

WHEREFORE, complainant's appeal is dismissed for lack of merit.  On the other hand, respondents' appeal is granted. The Labor Arbiter's award of P21,581.39 by way of balance of the sickness allowance is deleted as the same had been extinguished by payment, while the award of US$809.00 as a penalty is set aside for lack of factual and legal basis.

SO ORDERED.[31]

The NLRC affirmed the findings of the Labor Arbiter that petitioner is not entitled to disability benefits because the CBA provision awarding the same refers to permanent disability suffered by the seafarer resulting from an accident and not from an illness.[32]  As such, the NLRC found as irrelevant the issue of whether the company-designated physician's assessment of petitioner's disability deserves credence.[33]

As regards the sickness allowance, the NLRC noted that during the pendency of the case, respondents had already paid the remaining amount of P21,581.39.  Consequently, respondents' obligation to pay the same had been extinguished.[34]

Anent the amount of US$809.00 imposed upon the respondents as penalty for their failure to re-deploy petitioner, the NLRC ruled that the same is without factual and legal basis.  The NLRC held that petitioner is a contractual employee; consequently, after the expiration of his contract, the respondents were not duty-bound to deploy him absent a new contract.[35]

Petitioner filed a motion for reconsideration[36] but same was denied in the Resolution[37] dated July 31, 2006.  Petitioner thus filed a Petition for Certiorari[38] with the CA.

Ruling of the Court of Appeals

On January 17, 2007, the CA rendered its Decision[39] denying the petition and affirming the Decision of the NLRC.  The CA concurred with the findings of the Labor Arbiter and the NLRC that petitioner is not entitled to disability benefits under the CBA as the same referred to disabilities caused by accidents and not by illness.[40]  The CA further ruled that even under the POEA Standard Employment Contract, petitioner is still not entitled to disability benefits because he was declared fit to work by the company-designated physician.[41]  The CA found the evaluation of Dr. Cruz more accurate since he treated petitioner for more than six months[42] whereas the physicians consulted by petitioner examined him for only one day.

The dispositive portion of the CA Decision reads:

WHEREFORE, the petition is DENIED DUE COURSE.  The decision of the NLRC is AFFIRMED.[43]
Petitioner moved for reconsideration[44] but same was denied in the Resolution[45] dated February 28, 2007.

Hence, this Petition.

Issue 

The main issue raised by both parties is whether petitioner is entitled to receive permanent disability benefits as well as attorney's fees.

The parties' arguments.

Petitioner insists that he is entitled to permanent disability benefits because he was declared unfit to work by his private physicians who are expert cardiologist vis-√ -vis Dr. Cruz who is a general and cancer specialist.[46]  More significantly, he claims that the assessment of Dr. Cruz that he is fit to work was issued after the lapse of 120 days from the date of his repatriation, as such his disability is considered total and permanent.[47]

On the other hand, respondents argue that petitioner is not entitled to receive permanent disability benefits because he was assessed fit to work by the company-designated physician[48] whose evaluation is more accurate because he treated petitioner for more than six months.[49]  Respondents also claim that the mere fact that he was unable to work for more than 120 days does not automatically entitle him to total permanent disability benefits.[50]  They argue that the duration of disability is not relevant for purposes of determining disability benefits[51] and that petitioner's degree of disability and amount of disability benefits should be based on the Schedule of Disability under Section 32 of the POEA contract[52] as assessed by the doctor and not by the mere lapse of 120 days.[53]

Our Ruling


The petition is meritorious.

Petitioner is entitled to permanent disability benefits.

a) The certification by the company-designated physician that petitioner is fit to work was issued after 199 days or more than 120 days from the time he was medically repatriated to the Philippines.

Petitioner's Employment Contract[54] specifically provides that the same shall be deemed an "integral part of the Standard Terms and Conditions Governing the Employment of Filipino Seafarers On Board Ocean-Going Vessels" otherwise known as the POEA Standard Employment Contract.  Section 20(B) of the POEA Standard Employment Contract provides:

B. COMPENSATION AND BENEFITS FOR INJURY OR ILLNESS

x x x x

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

x x x x

The Labor Code's provision on permanent total disability applies with equal force to seafarers.[55]  Article 192 (c) (1) of the Labor Code provides, viz;

Art. 192.  Permanent total disability. - x x x

x x x x

(c) The following disabilities shall be deemed total and permanent:

(1) Temporary total disability lasting continuously for more than one hundred twenty days, except as otherwise provided for in the Rules;

x x x x[56]

Thus, in Quitoriano v. Jebsens Maritime, Inc.,[57] we held that:

Thus, Court has applied the Labor Code concept of permanent total disability to the case of seafarers. x x x

x x x x

There are three kinds of disability benefits under the Labor Code, as amended by P.D. No. 626:  (1) temporary total disability, (2) permanent total disability, and (3) permanent partial disability. Section 2, Rule VII of the Implementing Rules of Book V of the Labor Code differentiates the disabilities as follows:

Sec. 2. Disability. - (a) A total disability is temporary if as a result of the injury or sickness the employee is unable to perform any gainful  occupation for a continuous period not exceeding 120 days, except as otherwise provided for in Rule X of these Rules.

(b)  A disability is total and permanent if as a result of the injury or sickness the employee is unable to perform any gainful occupation for a continuous period exceeding 120 days, except as otherwise provided for in Rule X of these Rules.

(c)  A disability is partial and permanent if as a result of the injury or sickness the employee suffers a permanent partial loss of the use of any part of his body.

In Vicente v. ECC (G.R. No. 85024, January 23, 1991, 193 SCRA 190, 195):

x x x the test of whether or not an employee suffers from 'permanent total disability' is a showing of the capacity of the employee to continue performing his work notwithstanding the disability he incurred.  Thus, if by reason of the injury or sickness he sustained, the employee is unable to perform his customary job for more than 120 days and he does not come within the coverage of Rule X of the Amended Rules on Employees Compensability (which, in more detailed manner, describes what constitutes temporary total disability), then the said employee undoubtedly suffers from 'permanent total disability' regardless of whether or not he loses the use of any part of his body.

A total disability does not require that the employee be absolutely disabled or totally paralyzed.  What is necessary is that the injury must be such that the employee cannot pursue his usual work and earn therefrom (Austria v. Court of Appeals, G.R. No. 146636, Aug. 12, 2002, 387 SCRA 216, 221).  On the other hand, a total disability is considered permanent if it lasts continuously for more than 120 days. Thus, in the very recent case of Crystal Shipping, Inc. v. Natividad (G.R. No. 134028, December 17, 1999, 321 SCRA 268, 270-271), we held:

Permanent disability is inability of a worker to perform his job for more than 120 days, regardless of whether or not he lose[s] the use of any part of his body. x x x

Total disability, on the other hand, means the disablement of an employee to earn wages in the same kind of work of similar nature that he was trained for, or accustomed to perform, or any kind of work which a person of his mentality and attainments could do.  It does not mean absolute helplessness.  In disability compensation, it is not the injury which is compensated, but rather it is the incapacity to work resulting in the impairment of one's earning capacity.[58]
In Quitoriano, the seafarer therein was medically repatriated to the Philippines on May 30, 2001[59] and upon arrival, he underwent several tests at the Medical Center Manila under the care of Dr. Cruz, the company-designated physician,[60] who incidentally is the same Dr. Cruz who treated petitioner in the instant case.  After a lapse of 169 days from his repatriation, or on November 16, 2001, Dr. Cruz declared the seafarer therein fit to work.[61]  Unconvinced, the seafarer consulted an independent internist-cardiologist who diagnosed him as suffering from "hypertension cardiovascular disease and hyperlipidemia".[62]  The seafarer thus demanded from the shipping company payment of his permanent disability benefits but he was rebuffed on the ground that he was declared fit to work by Dr. Cruz.[63]  The seafarer thus filed a complaint to recover his permanent disability benefits and attorney's fees. The case eventually reached this Court raising the issue of whether the CA erred in not finding the disability of the seafarer as permanent and total and for not awarding him attorney's fees.[64]  The Court ruled in favor of the seafarer holding that "the fact that it was only on November 16, 2001 that the 'fit to work' certification was issued by Dr. Cruz or more than five months from the time petitioner was medically repatriated on May 30, 2001, petitioner's disability is considered permanent and total."[65]

The ruling in Quitoriano applies in the instant case. Similarly, petitioner herein was medically repatriated to the Philippines on October 8, 2001.  However, it was only on April 25, 2002 or after a lapse of 199 days that Dr. Cruz issued a certification declaring him fit to work. Thus, we declare herein, just as we pronounced in Quitoriano, that petitioner's disability is considered permanent and total because the "fit to work" certification was issued by Dr. Cruz only on April 25, 2002, or more than 120 days after he was medically repatriated on October 8, 2001.

b) The company-designated physician's certification that petitioner is fit to work does not make him ineligible for permanent total disability benefits.

We find no merit in respondents' contention that the company-designated physician's assessment that petitioner is fit to work makes him ineligible to claim permanent disability benefits.[66]  This issue has already been raised, and rebuffed, in United Philippine Lines, Inc. v. Beseril.[67] Petitioners therein argued that "the provisions on disability benefits operate only upon certification by the company-designated physician that the claiming seafarer is indeed disabled, hence, respondent is not eligible for an award of disability benefits as 'he was certified fit for sea duty after the conduct of the last medical examination'".[68]    However, this line of argument was resoundingly rebuffed by the Court, thus:

But even in the absence of an official finding by the company-designated physicians that respondent is unfit for sea duty, respondent is deemed to have suffered permanent disability.  Permanent disability is the inability of a worker to perform his job for more than 120 days, regardless of whether he loses the use of any part of his body. It is undisputed that from the time respondent suffered a heart attack on December 5, 1997, he was unable to work for more than 120 days, his cardiac rehabilitation and physical therapy having ended only on May 28, 1998.

That respondent was found to be 'fit to return to work' by Clinica Manila (where he underwent regular cardiac rehabilitation program and physical therapy from January 15 to May 28, 1998 under UPL's account) on September 22, 1998 or a few months after his rehabilitation does not matter. x x x[69]

Considering the circumstances prevailing in the instant case, we likewise rule that it does not matter that the company-designated physician assessed petitioner as fit to work.  It is undisputed that from the time petitioner was repatriated on October 8, 2001, he was unable to work for more than 120 days as he was only certified fit to work on April 25, 2002.  Consequently, petitioner's disability is considered permanent and total.[70]  In fact, from his repatriation until the filing of his petition before this Court on March 21, 2007,[71] or for more than five years, petitioner claims that he was unable to resume his job as a seaman[72] which thus strongly indicates that his disability is permanent and total.  Also, we note that the certification was issued only after petitioner consulted a private physician (Dr. Mapapala) and after he formally demanded from the respondents, through his lawyer, the payment of his sickness allowance, disability benefits and attorney's fees.

Consequently, we find it irrelevant to discuss at this juncture as to which prognosis, that of Dr. Cruz or petitioner's private physicians', is more accurate.

The case of Sarocam v. Interorient Maritime Ent. Inc. is not in point.

The CA[73] erroneously applied Sarocam v. Interorient Maritime Ent. Inc.[74] in ruling that petitioner is no longer entitled to claim disability benefits since he was declared fit to work by Dr. Cruz.  The factual circumstances in Sarocam completely differ from the instant case.  In Sarocam, the seafarer therein was declared fit to work by the company-designated physician after a lapse of only 13 days from the date of his repatriation[75] hence way before the lapse of the 120-day mark. Moreover, the seafarer therein executed a release and quitclaim in favor of his employers acknowledging receipt of his sickness benefits wages and freeing his employers of any liability.[76]

The amount of permanent disability benefits.

In his Petition, petitioner claims for disability benefits in the amount of US$80,000.00 pursuant to the CBA.[77] In his Memorandum, however, he concedes that the CBA provision does not apply[78] and now claims for only US$60,000.00 as disability benefits pursuant to the POEA Standard Employment Contract.

Indeed, the CBA provision does not apply as the same refers to disability arising from accidents and not due to illness as in the case of petitioner.  The pertinent CBA provision reads:

Sec. I:  A seafarer who suffers permanent disability as a result of an accident, regardless of fault but excluding injuries caused by a seafarer's willful act, whilst in the employment of the Company including accidents occurring while travelling to or from the Ship, and whose ability to work is reduced as a result thereof, shall in addition to sick pay be entitled to compensation according to the provisions of this agreement. The copy/ies of the medical certificate and other relevant medical reports shall be made available by the Company to the seafarer.[79]

On the other hand, the POEA Standard Employment Contract particularly Section 20(B) (6) thereof provides, to wit:

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

In turn, Section 32 provides that for an impediment considered as total and permanent, a disability allowance of US$60,000.00 (US$50,000.00 x 120%) is granted. Therefore, considering our earlier discussion finding petitioner's disability as permanent and total, he is then entitled to receive disability benefits of US$60,000.00.

Petitioner is entitled to attorney's fees.

Petitioner alleges that he is entitled to attorney's fees pursuant to Article 2208 of the Civil Code because he was forced to litigate to recover his wages.[80] On the other hand, respondents argue that petitioner's claim for attorney's fees is without legal and factual basis.

We find for the petitioner.  Circumstances show that he demanded from the respondents the payment of his disability benefits but the same went unheeded.  Left with no other recourse, petitioner filed the instant case to recover what is rightfully his under the law.  Plainly, he was "compelled to litigate due to respondent[s'] failure to satisfy his valid claim, [thus, he] is x x x entitled to attorney's fees of ten percent (10%) of the total award at its peso equivalent at the time of actual payment."[81]

WHEREFORE, the petition is GRANTED. The January 17, 2007 Decision of the Court of Appeals and its February 28, 2007 Resolution in CA-G.R. SP No. 96303 are REVERSED and SET ASIDE.  Respondents are held jointly and severally liable to pay petitioner permanent and total disability benefits of US$60,000.00 and attorney's fees of ten percent (10%) of the total monetary award, both at its peso equivalent at the time of actual payment.

SO ORDERED.

Corona, C.J., (Chairperson), Leonardo-De Castro, Bersamin, Del Castillo, and Villarama, Jr., JJ.

Endnotes:


[1] Palisoc v. Easways Marine, Inc., G.R. No. 152273, September 11, 2007, 532 SCRA 585, 596-597.

[2] Philippine Transmarine Carriers, Inc. v. National Labor Relations Commission, 405 Phil. 487, 494 (2001).

[3] CA rollo, pp. 256-262; penned by Associate Justice Juan Q. Enriquez, Jr. and concurred in by Associate Justices Vicente S.E. Veloso and Marlene Gonzales-Sison.

[4] Id. at 284-285.

[5] Contract of Employment, id. at 29.

[6] Petitioner's Position Paper, id. at 19.  However, respondents averred that petitioner boarded the vessel on May 21, 2001; see Respondents' Position Paper, id. at 47.

[7] See Certification dated May 3, 2001 of Dr. Wilfredo Jose P. Arguelles, Jr., id. at 30.

[8] Petitioner's Position Paper, id. at 19-20.

[9] Id. at 37.

[10] Respondents' Position Paper, id. at 48.

[11] Respondents' Position Paper, id. at 48. See also Certifications of Dr. Nicomedes G. Cruz, id. at pp. 71 & 72.

[12] Respondents' Position Paper, id. at 48.

[13] Id. at 42.

[14] Id. at 44.

[15] Petitioner's Position Paper, id. at 20.

[16] See Certification of Dr. Nicomedes G. Cruz dated April 25, 2002, id. at 72.

[17] Id. at 43.

[18] Petitioner's Position Paper, id. at 17.

[19] Labor Arbiter Melquiades Sol D. Del Rosario.

[20] CA rollo, pp. 146-156.

[21] Id. at 156.

[22] US$809.00; see Contract of Employment, id. at 29.

[23] Particularly Section 20B thereof; see Decision of the Labor Arbiter, id. at 150.

[24] Philippine Overseas Employment Administration.

[25] Petitioner is a union-member of AMOSUP (Associated Marine Officers and Seaman's Union of the Philippines) which had an existing Collective Bargaining Agreement with the Japan's Seaman's Union (JSU); see Decision of the Labor Arbiter, CA rollo, p. 147; see also petitioner's Notice of Appeal with Memorandum of Appeal, id. at 159.

[26] Decision of the Labor Arbiter, id. at 151.

[27] Decision of the Labor Arbiter, id. at 152-153.  The CBA provision reads: "Sec. I:  A seafarer who suffers permanent disability as a result of an accident, regardless of fault but excluding injuries caused by a seafarer's willful act, whilst in the employment of the Company including accidents occurring while travelling to or from the Ship, and whose ability to work is reduced as a result thereof, shall in addition to sick pay be entitled to compensation according to the provisions of this agreement.  The copy/ies of the medical certificate and other relevant medical reports shall be made available by the Company to the seafarer."  Id. at 206.

[28] Decision of the Labor Arbiter, id. at 154-156.

[29] Decision of the Labor Arbiter, id. at 156.

[30] Id. at 209-216; penned by Presiding Commissioner Benedicto Ernesto R. Bitonio, Jr. and concurred in by Commissioners Perlita B. Velasco and Romeo L. Go.

[31] Id. at 215-216.

[32] Id. at 213-214.

[33] Id. at 214.

[34] Id. at 215.

[35] Id.

[36] Id. at 217-221.

[37] Id. at 223-225.

[38] Erroneously captioned as Petition for Review on Certiorari, id. at 2-16.

[39] Id. at 256-262.

[40] Id. at 259.

[41] Id. at 259-261, citing Sarocam v. Inter-Orient Maritime Enterprises, G.R. No. 167813, June 27, 2006, 493 SCRA 502.

[42] Id. at 261.

[43] Id.

[44] Id. at 264-270.

[45] Id. at 284-285.

[46] Rollo, p. 213.

[47] Id. at 224-225.

[48] Id. at 156-157.

[49] Id. at 161-162, 166, 173.

[50] Id. at 177.

[51] Id. at 182.

[52] Id. at 181.

[53] Id. at 186.

[54] CA rollo, p. 29.

[55] Palisoc v. Easways Marine, Inc., supra note 1 at 592-594.

[56] Emphasis supplied.

[57] G.R. No. 179868, January 21, 2010, 610 SCRA 529.

[58] Id. at 534-536.  Emphasis supplied.

[59] Id. at 531.

[60] Id.

[61] Id.

[62] Id. at 532.

[63] Id.

[64] Id. at 534.

[65] Id. at 536. Emphasis supplied.

[66] Rollo, pp. 156-157.

[67] G.R. No. 165934, April 12, 2006, 487 SCRA 248.

[68] Id. at 260.

[69] Id. at 262. Emphasis supplied.

[70] Quitoriano v. Jebsens Maritime, Inc., supra note 57 at 536.

[71] Rollo, p. 3.

[72] Id. at 15.

[73] CA rollo, p. 261.

[74] G.R. No. 167813, June 27, 2006, 493 SCRA 502.

[75] Id. at 506.

[76] Id.

[77] Rollo, p. 16.

[78] Id. at 225.

[79] CA rollo, p. 206.  Emphasis supplied.

[80] Rollo, p. 225.

[81] Quitoriano v. Jebsens Maritime, Inc., supra note 57 at 537.



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  • [G.R. No. 170512 : October 05, 2011] OFFICE OF THE OMBUDSMAN, PETITIONER, VS. ANTONIO T. REYES, RESPONDENT.

  • [G.R. No. 169293 : October 05, 2011] DEVELOPMENT BANK OF THE PHILIPPINES, PETITIONER, VS. TRAVERSE DEVELOPMENT CORPORATION AND CENTRAL SURETY AND INSURANCE COMPANY, RESPONDENTS.

  • [G.R. No. 169042 : October 05, 2011] ERDITO QUARTO, PETITIONER, VS. THE HONORABLE OMBUDSMAN SIMEON MARCELO, CHIEF SPECIAL PROSECUTOR DENNIS VILLA IGNACIO, LUISITO M. TABLAN, RAUL B. BORILLO, AND LUIS A. GAYYA, RESPONDENTS.

  • [G.R. No. 159328 : October 05, 2011] HEIRS OF ANTONIO FERAREN, REPRESENTED BY ANTONIO FERAREN, JR., JUSTINA FERAREN-TABORA, LEAH FERAREN-HONASAN, ELIZABETH MARIE CLAIRE FERAREN-ARRASTIA, MA. TERESA FERAREN-GONZALES, JOHANNA MICHELYNNE FERAREN YABUT, SCHELMA ANTONETTE FERAREN-MENDOZA AND JUAN MIGUEL FERAREN YABUT, PETITIONERS, VS. COURT OF APPEALS (FORMER 12TH DIVISION) AND CECILIA TADIAR, RESPONDENTS.

  • [G.R. No. 154559 : October 05, 2011] THE LAW FIRM OF RAYMUNDO A. ARMOVIT, PETITIONER, VS. COURT OF APPEALS AND BENGSON COMMERCIAL BUILDING, INC., RESPONDENTS.

  • [A.M. No. P-09-2716 : October 11, 2011] TERESITA GUERRERO-BOYLON, COMPLAINANT, VS. ANICETO BOYLES, SHERIFF III, MUNICIPAL TRIAL COURT IN CITIES, BRANCH 2, CEBU CITY, RESPONDENT.

  • [G.R. No. 174476 : October 11, 2011] PEOPLE OF THE PHILIPPINES, PLAINTIFF-APPELLEE, VS. ARNOLD T. AGCANAS, ACCUSED-APPELLANT.

  • [A.C. No. 6655 : October 11, 2011] PACITA CAALIM-VERZONILLA, COMPLAINANT, VS. ATTY. VICTORIANO G. PASCUA, RESPONDENT.

  • [G.R. No. 177807 : October 11, 2011] EMILIO GANCAYCO, PETITIONER, VS. CITY GOVERNMENT OF QUEZON CITY AND METRO MANILA DEVELOPMENT AUTHORITY, RESPONDENTS. [G.R. NO. 177933] METRO MANILA DEVELOPMENT AUTHORITY, PETITIONER, VS. JUSTICE EMILIO A. GANCAYCO (RETIRED), RESPONDENT,

  • [G.R. Nos. 187117 and 187127 : October 12, 2011] PEOPLE OF THE PHILIPPINES, PETITIONER, VS. HON. JOSE D. AZARRAGA AND JOHN REY PREVENDIDO, RESPONDENTS.

  • [G.R. No. 195033 : October 12, 2011] AGG TRUCKING AND/OR ALEX ANG GAEID, PETITIONERS, VS. MELANIO B. YUAG, RESPONDENT.

  • [G.R. No. 193185 : October 12, 2011] PEOPLE OF THE PHILIPPINES, PLAINTIFF-APPELLEE, VS. RICARDO MONDEJAR Y BOCARILI, ACCUSED-APPELLANT.

  • [G.R. No. 192164 : October 12, 2011] REPUBLIC OF THE PHILIPPINES SUPREME COURT MANILA SECOND DIVISION ANSELMO DE LEON CUYO, PETITIONER, VS. PEOPLE OF THE PHILIPPINES, RESPONDENT.

  • [A.C. No. 9081 : October 12, 2011] RODOLFO A. ESPINOSA AND MAXIMO A. GLINDO, COMPLAINANTS, VS. ATTY. JULIETA A. OMA—A, RESPONDENT.

  • [G.R. No. 195419 : October 12, 2011] PEOPLE OF THE PHILIPPINES, PLAINTIFF-APPELLEE, VS. HADJA JARMA LALLI Y PURIH, RONNIE ARINGOY Y MASION, AND NESTOR RELAMPAGOS (AT LARGE), ACCUSED. HADJA JARMA LALLI Y PURIH AND RONNIE ARINGOY Y MASION, ACCUSED-APPELLANTS.

  • [G.R. No. 189365 : October 12, 2011] HON. JUDGE JESUS B. MUPAS, PRESIDING JUDGE, REGIONAL TRIAL COURT, BRANCH 112 AND CARMELITA F. ZAFRA, CHIEF ADMINISTRATIVE OFFICER, DSWD, PETITIONERS, VS. PEOPLE OF THE PHILIPPINES, THRU ITS DULY AUTHORIZED REPRESENTATIVE, THE LEGAL SERVICE OF THE DSWD, QUEZON CITY AND THE OFFICE OF THE SOLICITOR GENERAL, RESPONDENTS.

  • [G.R. No. 187497 : October 12, 2011] THE PEOPLE OF THE PHILIPPINES, APPELLEE, VS. MELANIO GALO ALIAS "DODO" AND "EDGAR," ALIAS "ALDO," ALIAS "YOCYOC," ALIAS "DODO," ALIAS "JIMMY," ALIAS "JOSEPH," ALIAS "DINDO," AND ALIAS "G.R.," ACCUSED, EDWIN VILLAMOR ALIAS "TATA," APPELLANT.

  • [G.R. No. 185833 : October 12, 2011] ROBERT TAGUINOD, PETITIONER, VS. PEOPLE OF THE PHILIPPINES, RESPONDENT.

  • [G.R. No. 183444 : October 12, 2011] DEPARTMENT OF PUBLIC WORKS AND HIGHWAYS, PETITIONER, VS. RONALDO E. QUIWA, DOING BUSINESS UNDER THE NAME "R.E.Q. CONSTRUCTION," EFREN N. RIGOR, DOING BUSINESSS UNDER THE NAME "CHIARA CONSTRUCTION," ROMEO R. DIMATULAC, DOING BUSINESS UNDER THE NAME "ARDY CONSTRUCTION" AND FELICITAS C. SUMERA, DOING BUSINESS UNDER THE NAME "F.C.S. CONSTRUCTION," REPRESENTED BY HER ATTORNEY-IN-FACT ROMEO M. DE LEON, RESPONDENTS.

  • [G.R. No. 181861 : October 17, 2011] RAUL DAVID, PETITIONER, VS. PEOPLE OF THE PHILIPPINES, RESPONDENT.

  • [G.R. No. 197042 : October 17, 2011] PEOPLE OF THE PHILIPPINES, PLAINTIFF-APPELLEE, VS. JULIET OLACO Y POLER, ACCUSED-APPELLANT.

  • [A.C. No. 7241 [Formerly CBD Case No. 05-1506] : October 17, 2011] ATTY. FLORITA S. LINCO, COMPLAINANT, VS. ATTY. JIMMY D. LACEBAL, RESPONDENT.

  • [G.R. No. 171660 : October 17, 2011] CONTINENTAL CEMENT CORPORATION, PETITIONER, VS. ASEA BROWN BOVERI, INC., BBC BROWN BOVERI, CORP., AND TORD B. ERIKSON,? ? RESPONDENTS.

  • [G.R. No. 181881 : October 18, 2011] BRICCIO "RICKY" A. POLLO, PETITIONER, VS. CHAIRPERSON KARINA CONSTANTINO-DAVID, DIRECTOR IV RACQUEL DE GUZMAN BUENSALIDA, DIRECTOR IV LYDIA A. CASTILLO, DIRECTOR III ENGELBERT ANTHONY D. UNITE AND THE CIVIL SERVICE COMMISSION, RESPONDENTS.

  • [G.R. No. 196271 : October 18, 2011] DATU MICHAEL ABAS KIDA, IN HIS PERSONAL CAPACITY, AND IN REPRESENTATION OF MAGUINDANAO FEDERATION OF AUTONOMOUS IRRIGATORS ASSOCIATION, INC., HADJI MUHMINA J. USMAN, JOHN ANTHONY L. LIM, JAMILON T. ODIN, ASRIN TIMBOL JAIYARI, MUJIB M. KALANG, ALIH AL-SAIDI J. SAPI-E, KESSAR DAMSIE ABDIL, AND BASSAM ALUH SAUPI, PETITIONERS, VS. SENATE OF THE PHILIPPINES, REPRESENTED BY ITS PRESIDENT JUAN PONCE ENRILE, HOUSE OF REPRESENTATIVES, THRU SPEAKER FELICIANO BELMONTE, COMMISSION ON ELECTIONS, THRU ITS CHAIRMAN, SIXTO BRILLANTES, JR., PAQUITO OCHOA, JR., OFFICE OF THE PRESIDENT EXECUTIVE SECRETARY, FLORENCIO ABAD, JR., SECRETARY OF BUDGET, AND ROBERTO TAN, TREASURER OF THE PHILIPPINES, RESPONDENTS. [G.R. NO. 196305] BASARI D. MAPUPUNO, PETITIONER, VS. SIXTO BRILLANTES, IN HIS CAPACITY AS CHAIRMAN OF THE COMMISSION ON ELECTIONS, FLORENCIO ABAD, JR. IN HIS CAPACITY AS SECRETARY OF THE DEPARTMENT OF BUDGET AND MANAGEMENT, PACQUITO OCHOA, JR., IN HIS CAPACITY AS EXECUTIVE SECRETARY, JUAN PONCE ENRILE, IN HIS CAPACITY AS SENATE PRESIDENT, AND FELICIANO BELMONTE, IN HIS CAPACITY AS SPEAKER OF THE HOUSE OF REPRESENTATIVES, RESPONDENTS. [G.R. NO. 197221] REP. EDCEL C. LAGMAN, PETITIONER, VS. PAQUITO N. OCHOA, JR., IN HIS CAPACITY AS THE EXECUTIVE SECRETARY, AND THE COMMISSION ON ELECTIONS, RESPONDENTS. [G.R. NO. 197280] ALMARIM CENTI TILLAH, DATU CASAN CONDING CANA, AND PARTIDO DEMOKRATIKO PILIPINO LAKAS NG BAYAN (PDP-LABAN), PETITIONERS, VS. THE COMMISSION ON ELECTIONS, THROUGH ITS CHAIRMAN, SIXTO BRILLANTES, JR., HON. PAQUITO N. OCHOA, JR., IN HIS CAPACITY AS EXECUTIVE SECRETARY, HON. FLORENCIO B. ABAD, JR., IN HIS CAPACITY AS SECRETARY OF THE DEPARTMENT OF BUDGET AND MANAGEMENT, AND HON. ROBERTO B. TAN, IN HIS CAPACITY AS TREASURER OF THE PHILIPPINES, RESPONDENTS. [G.R. NO. 197282] ATTY. ROMULO B. MACALINTAL, PETITIONER, VS. COMMISSION ON ELECTIONS AND THE OFFICE OF THE PRESIDENT, THROUGH EXECUTIVE SECRETARY PAQUITO N. OCHOA, JR., RESPONDENTS. LUIS "BAROK" BIRAOGO, PETITIONER, VS. THE COMMISSION ON ELECTIONS AND EXECUTIVE SECRETARY PAQUITO N. OCHOA, JR., RESPONDENTS. [G.R. NO. 197392] JACINTO V. PARAS, PETITIONER, VS. EXECUTIVE SECRETARY PAQUITO N. OCHOA, JR., AND THE COMMISSION ON ELECTIONS, RESPONDENTS. [G.R. NO. 197454] MINORITY RIGHTS FORUM, PHILIPPINES, INC., RESPONDENTS-INTERVENOR.

  • [A.M. No. SCC-08-12 (FORMERLY OCA I.P.I. NO. 08-29-SCC) : October 19, 2011] OFFICE OF THE COURT ADMINISTRATOR, COMPLAINANT, VS. JUDGE UYAG P. USMAN, PRESIDING JUDGE, SHARI'A CIRCUIT COURT, PAGADIAN CITY, RESPONDENT.

  • [G.R. Nos. 186659-710 : October 19, 2011] ZACARIA A. CANDAO, ABAS A. CANDAO AND ISRAEL B. HARON, PETITIONERS, VS. PEOPLE OF THE PHILIPPINES AND SANDIGANBAYAN, RESPONDENTS.

  • [G.R. No. 184054 : October 19, 2011] PEOPLE OF THE PHILIPPINES, APPELLEE, VS. ARNEL ZAPATA Y CANILAO, APPELLANT.

  • [G.R. No. 183891 : October 19, 2011] ROMARICO J. MENDOZA, PETITIONER, VS. PEOPLE OF THE PHILIPPINES, RESPONDENT.

  • [G.R. No. 183830 : October 19, 2011] PEOPLE OF THE PHILIPPINES, PLAINTIFF-APPELLEE, VS. DELFIN CALISO, ACCUSED-APPELLANT.

  • [G.R. No. 179632 : October 19, 2011] SOUTHERN PHILIPPINES POWER CORPORATION, PETITIONER, VS. COMMISSIONER OF INTERNAL REVENUE, RESPONDENT.

  • [G.R. No. 176884 : October 19, 2011] CARMELITO N. VALENZONA, PETITIONER, VS. FAIR SHIPPING CORPORATION AND/OR SEJIN LINES COMPANY LIMITED, RESPONDENTS.

  • [G.R. No. 176229 : October 19, 2011] HO WAI PANG, PETITIONER, VS. PEOPLE OF THE PHILIPPINES, RESPONDENT.

  • [G.R. No. 175497 : October 19, 2011] MARY JOY ANNE GUSTILO AND BONIFACIO M. PE√ĎA, PETITIONERS, VS. JOSE VICENTE GUSTILO III AND TERESITA YOUNG ALSO KNOWN AS TITA SY YOUNG, RESPONDENTS.

  • [G.R. No. 188072 : October 19, 2011] EMERITA M. DE GUZMAN, PETITIONER, VS. ANTONIO M. TUMOLVA, RESPONDENT.

  • [G.R. No. 193479 : October 19, 2011] PEOPLE OF THE PHILIPPINES, PLAINTIFF-APPELLEE, VS. BERNARD G. MIRTO, ACCUSED-APPELLANT.

  • [G.R. No. 193872 : October 19, 2011] SIOCHI FISHERY ENTERPRISES, INC., JUN-JUN FISHING CORPORATION, DEDE FISHING CORPORATION, BLUE CREST AQUA-FARMS, INC., AND ILOILO PROPERTY VENTURES, INC., PETITIONERS, VS. BANK OF THE PHILIPPINE ISLANDS, RESPONDENT.

  • [G.R. No. 194076 : October 19, 2011] ALFAIS T. MUNDER, PETITIONER, VS. COMMISSION ON ELECTIONS AND ATTY. TAGO R. SARIP, RESPONDENTS. [G.R. No. 194160] ATTY. TAGO R. SARIP, PETITIONER, VS. ALFAIS T. MUNDER, OLOMODIN M. MACABALANG, JAMAL M. MANUA AND COMMISSION ON ELECTIONS, RESPONDENTS.

  • [A.M. No. P-10-2784 (Formerly A.M. No. 05-3-138-RTC) : October 19, 2011] FALSIFICATION OF DAILY TIME RECORDS OF MA. EMCISA A. BENEDICTOS, ADMINISTRATIVE OFFICER I, REGIONAL TRIAL COURT, MALOLOS CITY, BULACAN

  • [A.M. NO. MTJ-11-1793 [FORMERLY A.M. OCA IPI NO. 10-2238-MTJ] : October 19, 2011] ANTONIO Y. CABASARES, COMPLAINANT, VS. JUDGE FILEMON A. TANDINCO, JR., MUNICIPAL TRIAL COURT IN CITIES, 8TH JUDICIAL REGION, CALBAYOG CITY, WESTERN SAMAR, RESPONDENT.

  • [G. R. No. 193234 : October 19, 2011] PEOPLE OF THE PHILIPPINES, PLAINTIFF-APPELLEE, VS. ROBERTO MARTIN Y CASTANO, ACCUSED-APPELLANT.

  • [G.R. Nos. 191138-39 : October 19, 2011] MAGDALA MULTIPURPOSE & LIVELIHOOD COOPERATIVE AND SANLOR MOTORS CORP., PETITIONERS, VS. KILUSANG MANGGAGAWA NG LGS, MAGDALA MULTIPURPOSE & LIVELIHOOD CORPERATIVE (KMLMS) AND UNION MEMBERS/ STRIKERS, NAMELY: THOMAS PADULLON, HERBERT BAUTISTA, ARIEL DADIA, AVELINO PARENAS, DENNIS MONTEALEGRE, SONNY CONSTANTINO, SHANDY CONSTANTINO, JOSEPH PERNIA, PETER ALCOY, EDILBERTO CERILLE, FERNANDO LEONOR, TEOTIMAR REGINIO, ALBERTO BAJETA, ALLAN MENESES, RONEL FABUL, JESUS COMENDADOR, JERRY PERNIA, OSCAR RIVERA, LEO MELGAR, ENRICO LAYGO, RICKY PALMERO, ROWELL GARCIA, LEOPITO MERANO, ALEJANDRO DE LARA, JOEL GARCIA, BONIFACIO PEREDA, REMEGIO CONSTANTINO, DICKSON PILAPIL, RANDY CORDANO, DARIUS PILAPIL, VENICE LUCERO, GREGORIO REANZARES, EULOGIO REGINIO, MICHAEL JAVIER, DENNIS MOSQUERA, FREDDIE AZORES, ROGELIO CABRERA, AURELIO TAGUINOD, OSCAR TAGUINOD, DEWELL PILAPIL, JOEL MAS-ING, EDUARDO LOPEZ, GLICERIO REANZAREZ, JOSEPH FLORES,BUENATO CASAS, ROMEO AZAGRA, ALFREDO ROSALES, ESTELITO BAJETA, PEDY GEMINA, FERNANDO VELASCO, ALBERTO CANEZA, ALEJANDRO CERVANTES, ERICK CARVAJAL, RONALDO BERNADEZ, JERRY COROSA, JAYSON COROSA, JAYSON JUANSON, SHELLY NAREZ, EDGARDO GARCIA, ARIEL LLOSALA, ROMMEL ILAYA, RODRIGO PAULETE, MERVIN PANGUINTO, MARVIN SENATIN, JAYSON RILLORA, RAFAEL SARMIENTO, FREDERICK PERMEJO, NICOLAS BERNARDO, LEONCIO PAZ DE LEON, EDWARD DENNIS MANAHAN, ANTONIO BALDAGO, ALEXANDER BAJETA, RESPONDENTS.

  • [G.R. No. 188866 : October 19, 2011] PHILIPPINE ECONOMIC ZONE AUTHORITY, PETITIONER, VS. GREEN ASIA CONSTRUCTION & DEVELOPMENT CORPORATION REPRESENTED BY MR. RENATO P. LEGASPI, PRESIDENT/CEO, RESPONDENTS.

  • [G.R. No. 188851 : October 19, 2011] PEOPLE OF THE PHILIPPINES, PLAINTIFF-APPELLEE, VS. MARCIANO DOLLANO, JR., ACCUSED-APPELLANT.

  • [A.C. No. 5325 : October 19, 2011] NEMESIO FLORAN AND CARIDAD FLORAN, COMPLAINANTS, VS. ATTY. ROY PRULE EDIZA, RESPONDENT.

  • [G.R. No. 174631 : October 19, 2011] JHORIZALDY UY, PETITIONER, VS. CENTRO CERAMICA CORPORATION AND/OR RAMONITA Y. SY AND MILAGROS U. GARCIA, RESPONDENTS.

  • [G.R. No. 172777 : October 19, 2011] BENJAMIN B. BANGAYAN, JR., PETITIONER, VS. SALLY GO BANGAYAN, RESPONDENT. [G.R. NO. 172792] RESALLY DE ASIS DELFIN, PETITIONER, VS. SALLY GO BANGAYAN, RESPONDENT.

  • [G.R. No. 172196 : October 19, 2011] ADELAIDA MENESES (DECEASED), SUBSTITUTED BY HER HEIR MARILYN M. CARBONEL-GARCIA, PETITIONER, VS. ROSARIO G. VENTUROZO, RESPONDENT.

  • [G.R. No. 168932, October 19, 2011] PEOPLE OF THE PHILIPPINES, PLAINTIFF-APPELLEE, VS. CHARLIE BUTIONG, DEFENDANT-APPELLANT.

  • [G.R. No. 164301 : October 19, 2011] BANK OF THE PHILIPPINE ISLANDS, PETITIONER, VS. BPI EMPLOYEES UNION-DAVAO CHAPTER-FEDERATION OF UNIONS IN BPI UNIBANK, RESPONDENT.

  • [G.R. No. 161360 : October 19, 2011] ESTRELLA TIONGCO YARED (DECEASED) SUBSTITUTED BY CARMEN M. TIONGCO A.K.A. CARMEN MATILDE B. TIONGCO, PETITIONER, VS. JOSE B. TIONGCO AND ANTONIO G. DORONILA, JR., RESPONDENTS.

  • [G. R. No. 157139 : October 19, 2011] CARLOS COTIANGCO, LUCIO SALAS, EDITHA SALONOY, MA. FILIPINA CALDERON, ROSALINDA ABILAR, MEDARDA LARIBA, TITO GUTIERREZ, BENJAMIN LUCIANO, MYRNA FILAMOR AND MONIANA NAJARRO, PETITIONERS, VS. THE PROVINCE OF BILIRAN AND THE COURT OF APPEALS, RESPONDENTS.

  • [G.R. No. 152313 : October 19, 2011] REPUBLIC FLOUR MILLS CORPORATION, PETITIONER, VS. FORBES FACTORS, INC. RESPONDENT.

  • [G.R. No. 151993 : October 19, 2011] MARITIME FACTORS INC., PETITIONER, VS. BIENVENIDO R. HINDANG, RESPONDENT.

  • [G.R. No. 145817 : October 19, 2011] URBAN BANK, INC, PETITIONER, VS. MAGDALENO M. PE√ĎA, RESPONDENT. [G. R. NO. 145822] DELFIN C. GONZALEZ, JR., BENJAMIN L. DE LEON, AND ERIC L. LEE, PETITIONERS, VS. MAGDALENO M. PE√ĎA, RESPONDENT. [G. R. NO. 162562] MAGDALENO M. PE√ĎA, VS. URBAN BANK, INC., TEODORO BORLONGAN, DELFIN C. GONZALEZ, JR., BENJAMIN L. DE LEON, P. SIERVO H. DIZON, ERIC L. LEE, BEN T. LIM, JR., CORAZON BEJASA, AND ARTURO MANUEL, JR., RESPONDENTS.