Philippine Supreme Court Jurisprudence


Philippine Supreme Court Jurisprudence > Year 2016 > April 2016 Decisions > G.R. No. 203949, April 06, 2016 - SPOUSES GEORGE A. GALLENT, SR. AND MERCEDES M. GALLENT, Petitioners, v. JUAN G. VELASQUEZ, Respondent.; G.R. No. 205071 - JUAN G. VELASQUEZ, Petitioner, v. SPOUSES GEORGE A. GALLENT, SR. AND MERCEDES M. GALLENT, Respondents.:




G.R. No. 203949, April 06, 2016 - SPOUSES GEORGE A. GALLENT, SR. AND MERCEDES M. GALLENT, Petitioners, v. JUAN G. VELASQUEZ, Respondent.; G.R. No. 205071 - JUAN G. VELASQUEZ, Petitioner, v. SPOUSES GEORGE A. GALLENT, SR. AND MERCEDES M. GALLENT, Respondents.

PHILIPPINE SUPREME COURT DECISIONS

THIRD DIVISION

G.R. No. 203949, April 06, 2016

SPOUSES GEORGE A. GALLENT, SR. AND MERCEDES M. GALLENT, Petitioners, v. JUAN G. VELASQUEZ, Respondent.

G.R. No. 205071

JUAN G. VELASQUEZ
, Petitioner, v. SPOUSES GEORGE A. GALLENT, SR. AND MERCEDES M. GALLENT, Respondents.

D E C I S I O N

REYES, J.:

Before this Court are two conflicting decisions rendered by two different divisions of the Court of Appeals (CA) on the same question of whether the Regional Trial Court (RTC) may validly issue an ex parte writ of possession to the transferee of the winning bidder at the extrajudicial foreclosure sale of mortgaged real property.

Antecedent Facts

George A. Gallent, Sr. (George) was the registered owner of a 761-square-meter residential property covered by Transfer Certificate of Title (TCT) No. S-99286,1 located at No. 3, Angeles Street, Alabang Hills Village, Muntinlupa City, with improvements thereon consisting of a two-storey house and a swimming pool. On December 20, 1996, the Spouses George and Mercedes Gallent (Spouses Gallent) mortgaged the said property to Allied Banking Corporation (Allied Bank) as security for a loan of P1.5 Million. The Spouses Gallent failed to pay their loan, which had ballooned to P4,631,974.66; thus, Allied Bank extrajudicially foreclosed the mortgaged property. At the public auction, Allied Bank emerged as the highest bidder and was issued a corresponding certificate of sale2 dated September 25, 2000. Since the Spouses Gallent failed to redeem the subject property after one year, Allied Bank consolidated its ownership over the subject property. Accordingly, TCT No. S-99286 was cancelled and replaced with TCT No. 84603 in the name of Allied Bank.4

On June 11, 2003, Allied Bank agreed to sell back the foreclosed property to the Spouses Gallent for P4 Million, as evidenced by an Agreement to Sell,5 wherein the Spouses Gallent paid a down payment of P3.5 Million, evidenced by an Official Receipt (O.R.) No. 0990687-A6 dated March 12, 2003, and the balance thereof was payable in 12 monthly amortizations. It was also stipulated that the Spouses Gallent would be allowed to keep the possession of the subject property as tenants or lessees of Allied Bank.7

Due to financial difficulties, sometime in October 2003, the Spouses Gallent sought the help of their close family friend, Juan Velasquez (Velasquez), to help them settle their remaining monthly amortizations. As an inducement, they agreed that Velasquez would have the subject property registered under his name until they have repaid him.8

On October 24, 2003, the Spouses Gallent executed a Deed of Assignment of Rights9 whereby they assigned to Velasquez all their rights, interests, and obligations under their Agreement to Sell with Allied Bank. Velasquez paid Allied Bank the remaining balance amounting to P216,635.97, evidenced by O.R. No. 0006352.10

On November 5, 2003, Allied Bank and Velasquez executed a Deed of Absolute Sale11 over the subject property for the price of P4 Million, wherein George himself signed as an instrumental witness.12 However, the said instrument was not registered. Subsequently, Velasquez caused another Deed of Sale13 dated November 19, 2003, over the subject property which showed a lower selling price of P1.2 Million to be registered, purportedly for tax purposes.

On November 28, 2003, TCT No. 1181414 was issued under the name of Velasquez to replace TCT No. 8460.

After more than four years, or on June 27, 2008, Velasquez sent a demand letter15 to the Spouses Gallent to vacate the subject property, but the latter refused to do so. On July 6, 2009, Velasquez filed an ex parte petition for issuance of a writ of possession, docketed as LRC Case No. 09-055, in the RTC of Muntinlupa City.16 The Spouses Gallent sought to dismiss the petition by filing Consolidated Motions for Leave to Intervene and to Dismiss Petition17 on January 14, 2010.

On February 12, 2010, the RTC of Muntinlupa City, Branch 256, issued an Order18 denying the Spouses Gallent's consolidated motions, viz:
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The issuance of the writ of possession is a ministerial duty of the court upon filing of the proper application and proof of title and by its nature does not require notice upon persons interested in the subject properties. By virtue of the sale of the properties involved, [Velasquez] became the new owner of the lots entitled to all rights and interests its predecessor [Allied Bank] had therein, including the right to file an application for writ of possession. The court therefore finds the petition to be sufficient in form and substance.

As to the motion for leave to intervene filed by [Spouses Gallent], the same will be treated by this court as their opposition to the petition and they will be considered an oppositor.

Wherefore premises considered, the motions are hereby denied for lack of merit.

x x x x

SO ORDERED.19 (Emphasis ours)
The Spouses Gallent filed a motion for reconsideration but it was denied by the RTC in an Order20 dated April 13, 2010, reasoning as follows:
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The instant motion deserves a scant consideration considering that the issues and arguments raised by the oppositors are mere rehashed which were already passed upon by this court in the order sought to be reconsidered. To reiterate, it is a ministerial duty on the part of this court to act on cases of this nature, particularly if the twelve-month period for redemption had already lapsed. Should the oppositors intend to recover title over the subject property, the same should be ventilated in a separate proceeding and proceed independently of this petition.

Wherefore premises considered, the motion for reconsideration is hereby denied for lack of merit. Accordingly, the reception of ex parte evidence is hereby assigned to the Branch Clerk of Court to act as Commissioner and to make a report to this Court ten (10) days upon completion thereof.

x x x x

SO ORDERED.21ChanRoblesVirtualawlibrary
On July 2, 2010, the Spouses Gallent filed a petition for certiorari22 before the CA, docketed as CA-G.R. SP No. 114527, raffled to the Special 4th Division, seeking to annul the RTC Orders dated February 12, 2010 and April 13, 2010. Invoking Mendoza v. Salinas,23 the Spouses Gallent argued that: (1) the RTC has no jurisdiction to issue an ex parte writ of possession to Velasquez since he did not acquire the property at a foreclosure sale, but purchased the same from the mortgagee, winning bidder and purchaser, Allied Bank, and only after it had consolidated its title thereto;24 (2) in their Agreement to Sell, Allied Bank and the Spouses Gallent entered into new contractual relations as vendees-lessees and vendor-lessor, and ceased to be mortgagors and mortgagee;25 (3) Velasquez should have filed an action for ejectment or for recovery of ownership or possession, not an ex parte petition for writ of possession;26 and (4) the RTC's duty to issue the writ has ceased to be ministerial in view of the Spouses Gallent's adverse claim upon the property based on their substantial payment of its purchase price, in addition to the fact that Velasquez and Allied Bank executed a forged deed of sale.27cralawred

Meanwhile, on July 7, 2010, the RTC rendered its Decision28 in LRC Case No. 09-055, the dispositive portion of which reads:
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WHEREFORE, in view of the foregoing and considering that it is a ministerial duty of the court to issue writ of possession, the redemption period having been expired without the subject property being redeemed by the mortgagors, the petition is hereby granted. Accordingly, let a writ of possession be issued in favor of [Velasquez] and against the oppositors and all persons claiming rights under them, to place [Velasquez] in possession of the subject property and for the oppositors and all persons claiming rights under them to vacate the land covered by TCT No. 11814 of the Register of Deeds of Muntinlupa City.

SO ORDERED.29ChanRoblesVirtualawlibrary
On September 24, 2010, the Spouses Gallent filed another petition for certiorari30 before the CA, docketed as CA-G.R. SP No. 116097 and raffled to the 10th Division, arguing that the deed of sale between Velasquez and Allied Bank was a forgery. In their certification of non-forum shopping,31 they mentioned the pendency of CA-G.R. SP No. 114527 in the CA. Surprisingly, neither of the parties nor the CA 10th Division moved for the consolidation of CA-G.R. SP No. 116097 with CA-G.R. SP No. 114527.

Meanwhile, on October 21, 2010, the Spouses Gallent also filed before the RTC of Muntinlupa City a complaint for "Reformation of Instruments, Consignation, Annulment of TCT No. 11814 of the Registry of Deeds for the City of Muntinlupa and Damages With Application for Immediate Issuance of Temporary Restraining Order and/or Writ of Preliminary Injunction," docketed as Civil Case No. 10-102. In this action, the Spouses Gallent sought to annul the deed of assignment they executed in favor of Velasquez allegedly because their true intent was an equitable mortgage. They thus prayed to declare void the sale between Velasquez and Allied Bank on account of forgery, to order the judicial consignment of the amount of P216,635.97 to settle their "loan" from Velasquez, and to enjoin him from taking possession of the property.32

Rulings of the CA

CA-G.R. SP No. 116097

The CA 10th Division rendered its Decision33 on May 23, 2012 finding that since Allied Bank, the mortgagee-purchaser at the extrajudicial foreclosure sale, is entitled to an ex parte writ of possession after the title to the mortgaged property had been consolidated in its name, Velasquez, as the bank's transferee of the said property may also petition the court for an ex parte writ of possession since he merely stepped into the shoes of Allied Bank. The 10th Division also ruled that the Spouses Gallent can no longer be considered to hold an interest in the property adverse to Allied Bank or Velasquez after they assigned their entire interest therein to Velasquez. Having no more claims on the title of either Allied Bank or Velasquez, an ex parte writ of possession may issue against them.

On October 12, 2012, the CA 10th Division denied the Spouses Gallent's motion for reconsideration.34 On December 6, 2012, they filed a Petition for Review on Certiorari35 before this Court docketed as G.R. No. 203949.

CA-G.R. SP No. 114527

The CA Special 4th Division issued its Decision36 dated August 28, 2012, finding that an ex parte writ of possession cannot issue against the Spouses Gallent since they are adverse claimants of the property who are in actual possession. The CA relied on Mendoza,37 where the Court ruled that an ex parte writ of possession may be issued as a ministerial duty of the court only in three instances: (a) in a land registration case, as provided under Section 17 of Act No. 496; (b) in a judicial foreclosure of real estate mortgage; or (c) in an extrajudicial foreclosure of real estate mortgage under Section 7 of Act No. 3135,38 as amended.39 According to the CA, since Velasquez did not acquire his title to the property in a foreclosure sale, but bought the same directly from Allied Bank after title had been consolidated in the said bank, he must first bring an ejectment suit or an accion reivindictoria against the Spouses Gallent in order for him to obtain possession thereof.40cralawred

According to Mendoza, an ex parte writ of possession ceases to issue as a ministerial duty of the court when sought against a party who has remained in the property upon an adverse claim of ownership, viz:
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Based on these tenets, the issuance of a writ of possession, therefore, is clearly a ministerial duty of the land registration court. Such ministerial duty, however, ceases to be so with particular regard to petitioners who are actual possessors of the property under a claim of ownership. Actual possession under claim of ownership raises a disputable presumption of ownership. This conclusion is supported by Article 433 of the Civil Code, which provides:
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Actual possession under claim of ownership raises a disputable presumption of ownership. The true owner must resort to judicial process for the recovery of the property.
Under said provision, one who claims to be the owner of a property possessed by another must bring the appropriate judicial action for its physical recovery. The term "judicial process" could mean no less than an ejectment suit or reinvindicatory action, in which the ownership claims of the contending parties may be properly heard and adjudicated.41 (Citation omitted and emphasis ours)
Velasquez filed a motion for reconsideration, but it was denied;42 hence, he filed a Petition for Review on Certiorari43 before this Court docketed as G.R. No. 205071.

Ruling of the Court

The Court grants the petition of the Spouses Gallent, but denies the petition of Velasquez.

The general rule in extrajudicial foreclosure of mortgage is that after the consolidation of the title over the foreclosed property in the buyer, it is the ministerial duty of the court to issue a writ of possession upon an ex parte petition44 by the new owner as a matter of right.

It is well-settled that the purchaser in an extrajudicial foreclosure of real property becomes the absolute owner of the property if no redemption is made within one year from the registration of the certificate of sale by those entitled to redeem.45 As absolute owner, he is entitled to all the rights of ownership over a property recognized in Article 428 of the New Civil Code, not least of which is possession, or jus possidendi:46
A torrens title recognizes the owner whose name appears in the certificate as entitled to all the rights of ownership under the civil law. The Civil Code of the Philippines defines ownership in Articles 427, 428 and 429. This concept is based on Roman Law which the Spaniards introduced to the Philippines through the Civil Code of 1889. Ownership, under Roman Law, may be exercised over things or rights. It primarily includes the right of the owner to enjoy and dispose of the thing owned. And the right to enjoy and dispose of the thing includes the right to receive from the thing what it produces, [jus utendi; jus fruendi] the right to consume the thing by its use, [jus abutendi] the right to alienate, encumber, transform or even destroy the thing owned, [jus disponendi] and the right to exclude from the possession of the thing owned by any other person to whom the owner has not transmitted such thing [jus vindicandi].47ChanRoblesVirtualawlibrary
Possession being an essential right of the owner with which he is able to exercise the other attendant rights of ownership,48 after consolidation of title the purchaser in a foreclosure sale may demand possession as a matter of right.49 This is why Section 7 of Act No. 3135, as amended by Act No. 4118, imposes upon the RTC a ministerial duty to issue a writ of possession to the new owner upon a mere ex parte motion.50 Section 7 reads:
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Sec. 7. In any sale made under the provisions of this Act, the purchaser may petition the Court of First Instance of the province or place where the property or any part thereof is situated, to give him possession thereof during the redemption period, furnishing bond in an amount equivalent to the use of the property for a period of twelve months, to indemnify the debtor in case it be shown that the sale was made without violating the mortgage or without complying with the requirements of this Act. Such petition shall be made under oath and filed in form of an ex parte motion in the registration or cadastral proceedings if the property is registered, or in special proceedings in the case of property registered under the Mortgage Law or under Section 194 of the Administrative Code, or of any other real property encumbered with a mortgage duly registered in the office of any register of deeds in accordance with any existing law, and in each case the clerk of court shall, upon the filing of such petition, collect the fees specified in paragraph 11 of Section 114 of Act No. 496, as amended by Act No. 2866, and the court shall, upon approval of the bond, order that a writ of possession issue, addressed to the sheriff of the province in which the property is situated, who shall execute said order immediately.
In Spouses Arquiza v. CA,51 it is reiterated that simply on the basis of the purchaser's ownership of the foreclosed property there is no need for an ordinary action to gain possession thereof:
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Indeed, it is well-settled that an ordinary action to acquire possession in favor of the purchaser at an extrajudicial foreclosure of real property is not necessary. There is no law in this jurisdiction whereby the purchaser at a sheriff's sale of real property is obliged to bring a separate and independent suit for possession after the one-year period for redemption has expired and after he has obtained the sheriff's final certificate of sale. The basis of this right to possession is the purchaser's ownership of the property. The mere filing of an ex parte motion for the issuance of the writ of possession would suffice, and no bond is required.52 (Citations omitted)
As also explained in Asia United Bank v. Goodland Company, Inc.,53 the ex parte application for writ of possession is a non-litigious summary proceeding without need to post a bond, except when possession is being sought even during the redemption period:
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It is a time-honored legal precept that after the consolidation of titles in the buyer's name, for failure of the mortgagor to redeem, entitlement to a writ of possession becomes a matter of right. As the confirmed owner, the purchaser's right to possession becomes absolute. There is even no need for him to post a bond, and it is the ministerial duty of the courts to issue the same upon proper application and proof of title. To accentuate the writ's ministerial character, the Court has consistently disallowed injunction to prohibit its issuance despite a pending action for annulment of mortgage or the foreclosure itself.

The nature of an ex parte petition for issuance of the possessory writ under Act No. 3135 has been described as a non-litigious proceeding and summary in nature. As an ex parte proceeding, it is brought for the benefit of one party only, and without notice to or consent by any person adversely interested.54 (Citations omitted)
Moreover, not even a pending action to annul the mortgage or the foreclosure sale will by itself stay the issuance of the writ of possession, as held in BPI Family Savings Bank, Inc. v. Golden Power Diesel Sales Center, Inc., et al.:55
Furthermore, it is settled that a pending action for annulment of mortgage or foreclosure sale does not stay the issuance of the writ of possession. The trial court, where the application for a writ of possession is filed, does not need to look into the validity of the mortgage or the manner of its foreclosure. The purchaser is entitled to a writ of possession without prejudice to the outcome of the pending annulment case.56 (Citations omitted)
When the thing purchased at a foreclosure sale is in turn sold or transferred, the right to the possession thereof, along with all other rights of ownership, follows the thing sold to its new owner.

In Laureano v. Bormaheco,57 the mortgagee-purchaser, Philippine National Cooperative Bank (PNCB), sold the foreclosed lots located in Bel-Air, Makati City to Bormaheco, Inc. without first seeking its possession. The latter filed an ex parte petition for a writ of possession, but the RTC of Makati City ordered the service of a copy of the petition upon the former owners, the Spouses Laureano, who as in the case before the Court, opposed the ex parte petition and moved to dismiss the same on the ground of the RTC's lack of jurisdiction. The RTC denied the said motion, which was upheld by the CA in a certiorari action. When the case reached the Court, it was held that, by the nature of an ex parte petition for writ of possession, no notice is needed to be served upon the Spouses Laureano, the mortgagors-debtors of PNCB, since they already lost all their interests in the properties when they failed to redeem them. By virtue of the sale, Bormaheco, Inc. became the new owner of the lots, entitled to all rights and interests that its predecessor PNCB acquired, including the right to a writ of possession.

As an exception, the ministerial duty of the court to issue an ex parte writ of possession ceases once it appears that a third party, not the debtor-mortgagor, is in possession of the property under a claim of title adverse to that of the applicant.

Section 33 of Rule 39 of the Rules of Court provides that in an execution sale, the possession of the property shall be given to the purchaser or last redemptioner, unless a third party is actually holding the property adversely to the judgment obligor.
Sec. 33. Deed and possession to be given at expiration of redemption period; by whom executed or given.


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  • G.R. Nos. 210220-21, April 06, 2016 - EDWARD THOMAS F. JOSON, Petitioner, v. THE OFFICE OF THE OMBUDSMAN, GOV. AURELIO M. UMALI, ALEJANDRO R. ABESAMIS, EDILBERTO M. PANCHO, MA. CHRISTINA G. ROXAS, AND FERDINAND R. ABESAMIS, Respondents.

  • G.R. No. 219811, April 06, 2016 - REX DACLISON, Petitioner, v. EDUARDO BAYTION, Respondent.

  • G.R. No. 201852, April 05, 2016 - ROBERTO G. ROSALES, NICANOR M. BRIONES, PONCIANO D. PAYUYO, JOSE R. PING-AY, ISIDRO Q. LICO, AND JOSE TAN RAMIREZ, IN THEIR CAPACITY AS MEMBERS OF THE BOARD OF DIRECTORS OF NATIONAL ALLIANCE FOR CONSUMER EMPOWERMENT OF ELECTRIC COOPERATIVES AND ON BEHALF OF THE NINE MILLION (9,000,000) MEMBER CONSUMERS OF NEA-ELECTRIC COOPERATIVES NATIONWIDE WHO HAVE CONTRIBUTED THE MEMBERS' CONTRIBUTIONS FOR CAPITAL EXPENDITURES (MCC) OR REINVESTMENT FUND FOR SUSTAINABLE CAPITAL EXPENDITURES (RFSC), Petitioners, v. ENERGY REGULATORY COMMISSION (ERC), ASELCO, AKELCO, ALECO, ANTECO, AURELCO, BATELEC I, BATELEC II, BENECO, BILECO, BOHECO I, BOHECO II, FIBECO, BUSECO, CAGELCO I, CAGELCO II, CASURECO I, CASURECO II, CASURECO III, CASURECO IV, CAMELCO, CAPELCO, CEBECO I, CEBECO II, CEBECO III, CENECO, CENPELCO, DORECO, DASURECO, ESAMELCO, FLECO, GUIMELCO, IFELCO, INEC, ISECO, ILECO I, ILECO II, ILECO III, ISELCO I, KAELCO, LUELCO, SORECO I, LANECO, LEYECO I/DORELCO, LEYECO II, LEYECO III, LEYECO IV, LEYECO V, PENELCO, MOELCO I, MOELCO II, MORESCO I, MORESCO II, MOPRECO, NORECO I, NORSAMELCO, NEECO I, NEECO II - Area I, NEECO II - Area II, PELCO I, PELCO II, CANORECO, PRESCO, QUEZELCO I, QUEZELCO II, SAMELCO I, SAMELCO II, SIARELCO, SOCOTECO I, SOCOTECO II, SOLECO, SUKELCO, SURNECO, SURSECO I, SURSECO II, TARELCO I, TARELCO II, VRESCO, ZAMECO I, ZAMECO II, ZAMCELCO, ZANECO, ZAMSURECO I, ZAMSURECO II, BATANELCO, LUBELCO, OMECO, ORMECO, MARELCO, TIELCO, ROMELCO, BISELCO, FICELCO, MACELCO, TISELCO, BANELCO, PROSIELCO, CELCO, COTELCO, TAWELCO, SIASELCO, SULECO, BASELCO, CASELCO, LASURECO, MAGELCO, DIELCO, and COTELCO-PALMA, Respondents.

  • G.R. No. 206226, April 04, 2016 - PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, v. NIEVES CONSTANCIO Y BACUNGAY, ERNESTO BERRY Y BACUNGAY, Accused-Appellants.

  • G.R. No. 207659, April 20, 2016 - PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, v. FUNDADOR CAMPOSANO Y TIOLANTO, @ "Punday/Masta" AND HERMAN' DE LOS REYES @ "YOB," Accused-Appellant.

  • G.R. No. 209165, April 12, 2016 - LNL ARCHIPELAGO MINERALS, INC., Petitioner, v. AGHAM PARTY LIST (REPRESENTED BY ITS PRESIDENT REP. ANGELO B. PALMONES), Respondent.

  • G.R. No. 213394, April 06, 2016 - SPOUSES EMMANUEL D. PACQUIAO AND JINKEE J. PACQUIAO, Petitioners, v. THE COURT OF TAX APPEALS - FIRST DIVISION AND THE COMMISSION OF INTERNAL REVENUE, Respondents.

  • G.R. No. 192320, April 04, 2016 - BENJAMIN L. VERGARA, JONA M. SARVIDA AND JOSEPHINE P. SABALLA, Petitioners, v. ATTY. EUSEBIO I. OTADOY, JR., Respondent.

  • G.R. No. 216572, April 19, 2016 - FELICIANO LEGASPI, Petitioner, v. COMMISSION ON ELECTIONS, ALFREDO D. GERMAR, AND ROGELIO P. SANTOS, JR., Respondent.

  • G.R. No. 196028, April 18, 2016 - SAMAHAN NG MAGSASAKA AT MANGINGISDA NG SITIO NASWE, INC. [SAMMANA], REPRESENTED BY ROGELIO A. COMMENDADOR, PRESIDENT, Petitioner, v. TOMAS TAN, Respondent.

  • G.R. No. 186107, April 20, 2016 - NARCISA M. NICOLAS, Petitioner, v. PEOPLE OF THE PHILIPPINES AND SPOUSES RALPH ADORABLE AND ROWENA ADORABLE, Respondent.

  • G.R. No. 205002, April 20, 2016 - COMMISSIONER OF CUSTOMS, COLLECTOR OF CUSTOMS OF THE PORT OF BATANGAS, AND THE BUREAU OF CUSTOMS, Petitioners, v. PILIPINAS SHELL PETROLEUM CORPORATION (PSPC), WILLIE J. SARMIENTO, PSPC VICE-PRESIDENT FOR FINANCE AND TREASURER AND ATTY. CIPRIANO U. ASILO, Respondents.

  • G.R. No. 195728, April 19, 2016 - PARAMOUNT LIFE & GENERAL INSURANCE CORPORATION, Petitioner, v. CHERRY T. CASTRO AND GLENN ANTHONY T. CASTRO, Respondents.; G.R. No. 211329 - CHERRY T. CASTRO AND GLENN ANTHONY T. CASTRO, Petitioners, v. PARAMOUNT LIFE & GENERAL INSURANCE CORPORATION, Respondent.

  • G.R. No. 189607, April 18, 2016 - RENATO A. CASTILLO, Petitioner, v. LEA P. DE LEON CASTILLO, Respondent.

  • A.M. No. P-16-3447 (formerly: OCA I.P.I. No. 08-2915-P), April 19, 2016 - LUALHATI C. GUBATANGA, CLERK OF COURT II, MUNICIPAL TRIAL COURT, BALAGTAS, BULACAN, Complainant, v. RENATO V. BODOY, UTILITY WORKER I, MUNICIPAL TRIAL COURT, BALAGTAS, BULACAN, Respondent.

  • G.R. No. 202124, April 05, 2016 - PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, v. IRENEO JUGUETA Accused-Appellant.

  • A.M. No. P-16-3436 [Formerly A.M. No. 13-12-261-RTC], April 05, 2016 - REPORT ON THE THEFT OF COURT EXHIBIT BY ROBERTO R. CASTRO, UTILITY WORKER I, REGIONAL TRIAL COURT, BRANCH 172, VALENZUELA CITY

  • A.C. No. 10781 [Formerly CBD Case No. 10-2764], April 12, 2016 - COBALT RESOURCES, INC., Complainant, v. ATTY. RONALD AGUADO, Respondent.

  • A.C. No. 7110, April 20, 2016 - ARTHUR S. TULIO, Complainant, v. ATTY. GREGORY F. BUHANGIN, Respondent.

  • A.M. No. P-16-3437 [Formerly OCA IPI No. 11-3665-P], April 20, 2016 - PROSECUTOR III LEO C. TABAO, Petitioner, v. SHERIFF IV JOSE P. CABCABIN, OFFICE OF THE CLERK OF COURT, REGIONAL TRIAL COURT, TACLOBAN CITY, Respondent.

  • G.R. No. 181892, April 19, 2016 - REPUBLIC OF THE PHILIPPINES, REPRESENTED BY EXECUTIVE SECRETARY EDUARDO R. ERMITA, THE DEPARTMENT OF TRANSPORTATION AND COMMUNICATIONS, AND MANILA INTERNATIONAL AIRPORT AUTHORITY, Petitioners, v. HON. JESUS M. MUPAS, IN HIS CAPACITY AS ACTING PRESIDING JUDGE OF THE REGIONAL TRIAL COURT, NATIONAL CAPITAL JUDICIAL REGION, BRANCH 117, PASAY CITY, AND PHILIPPINE INTERNATIONAL AIR TERMINALS CO., INC., Respondents.; G.R. NO. 209917 - REPUBLIC OF THE PHILIPPINES, REPRESENTED BY EXECUTIVE SECRETARY EDUARDO ERMITA, DEPARTMENT OF TRANSPORTATION AND COMMUNICATIONS, AND MANILA INTERNATIONAL AIRPORT AUTHORITY, Petitioners, v. PHILIPPINE INTERNATIONAL AIR TERMINALS COMPANY, INC., TAKENAKA CORPORATION AND ASAHIKOSAN CORPORATION, Respondents.; G.R. NOS. 209696 - TAKENAKA CORPORATION AND ASAHIKOSAN CORPORATION, Petitioners, v. REPUBLIC OF THE PHILIPPINES, REPRESENTED BY EXECUTIVE SECRETARY EDUARDO ERMITA, DEPARTMENT OF TRANSPORTATION AND COMMUNICATIONS, MANILA INTERNATIONAL AIRPORT AUTHORITY, AND PHILIPPINE INTERNATIONAL AIR TERMINALS COMPANY, INC. Respondents.; G.R. NO. 209731 - PHILIPPINE INTERNATIONAL AIR TERMINALS CO., INC., Petitioner, v. REPUBLIC OF THE PHILIPPINES, AS REPRESENTED BY EXECUTIVE SECRETARY EDUARDO ERMITA, DEPARTMENT OF TRANSPORTATION AND COMMUNICATIONS, MANILA INTERNATIONAL AIRPORT AUTHORITY, TAKENAKA CORPORATION, AND ASAHIKOSAN CORPORATION, Respondent.

  • A.M. No. RTJ-14-2385 [Formerly A.M. No. 14-4-115-RTC], April 20, 2016 - OFFICE OF THE COURT ADMINISTRATOR, Petitioner, v. JUDGE ROMEO B. CASALAN, [FORMERLY A.M. NO. 14-4-115-RTC (REPORT ON THE FINANCIAL AUDIT CONDUCTED IN THE REGIONAL TRIAL COURT [RTC], BRANCHES 13 AND 65, CULASI AND BUGASONG, ANTIQUE, Respondent.

  • G.R. No. 191616, April 18, 2016 - FRANCIS C. CERVANTES, Petitioner, v. CITY SERVICE CORPORATION AND VALENTIN PRIETO, JR., Respondents.

  • G.R. No. 192428, April 20, 2016 - PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, v. ELPEDIO CASTA

  • G.R. No. 202051, April 18, 2016 - REPUBLIC OF THE PHILIPPINES, REPRESENTED BY THE DEPARTMENT OF PUBLIC WORKS & HIGHWAYS; ENGINEER SIMPLICIO D. GONZALES, DISTRICT ENGINEER, SECOND ENGINEERING DISTRICT OF CAMARINES SUR; AND ENGINEER VICTORINO M. DEL SOCORRO, JR., PROJECT ENGINEER, DPWH, BARAS, CANAMAN, CAMARINES SUR, Petitioners, v. SPOUSES ILDEFONSO B. REGULTO AND FRANCIA R. REGULTO, Respondents.

  • A.C. No. 8172, April 12, 2016 - ALEX NULADA, Complainant, v. ATTY. ORLANDO S. PAULMA, Respondent.

  • G.R. No. 184933, April 13, 2016 - VIOLETA BALBA, FOR AND IN BEHALF OF HER MINOR CHILDREN ROY VINCE AND VIENNA GRACIA, BOTH SURNAMED BALBA, Petitioners, v. TIWALA HUMAN RESOURCES, INC., AND/OR TOGO MARITIME CORP., Respondents.

  • G.R. No. 210308, April 06, 2016 - ASIAN INTERNATIONAL MANPOWER SERVICES, INC., Petitioner, v. DEPARTMENT OF LABOR AND EMPLOYMENT, Respondent.

  • G.R. No. 206766, April 06, 2016 - PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, v. EDUARDO YEPES, Accused-Appellants.

  • G.R. No. 195552, April 18, 2016 - ACS DEVELOPMENT & PROPERTY MANAGERS, INC., Petitioner, v. MONTAIRE REALTY AND DEVELOPMENT CORPORATION, Respondent.

  • G.R. No. 216607, April 05, 2016 - ARLENE LLENA EMPAYNADO CHUA, Petitioner, v. COMMISSION ON ELECTIONS, IMELDA E. FRAGATA, AND KRYSTLE MARIE C. BACANI, Respondents.

  • G.R. No. 210621, April 04, 2016 - ALFREDO MANAY, JR., FIDELINO SAN LUIS, ADRIAN SAN LUIS, ANNALEE SAN LUIS, MARK ANDREW JOSE, MELISSA JOSE, CHARLOTTE JOSE, DAN JOHN DE GUZMAN, PAUL MARK BALUYOT, AND CARLOS S. JOSE, Petitioners, v. CEBU AIR,INC, Respondent.

  • G.R. No. 184068, April 19, 2016 - SIMNY G. GUY, AS MINORITY STOCKHOLDER AND FOR AND IN BEHALF OF GOODLAND COMPANY, INC., Petitioner, v. GILBERT G. GUY, ALVIN AGUSTIN T. IGNACIO AND JOHN AND/OR JANE DOES, Respondents.

  • G.R. No. 214349, April 20, 2016 - PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, v. LEO MENDOZA, Accused-Appellants.

  • G.R. No. 216010, April 20, 2016 - PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, v. JIMMY ULANDAY @ "SAROY", Accused-Appellants.

  • G.R. No. 216776, April 19, 2016 - PHILIPPINE CHARITY SWEEPSTAKES OFFICE (PCSO), Petitioner, v. CHAIRPERSON MA. GRACIA M. PULIDO-TAN, COMMISSIONER HEIDI L. MENDOZA, COMMISSIONER ROWENA V. GUANZON, THE COMMISSIONERS, COMMISSION ON AUDIT (COA), Respondents.

  • G.R. No. 215534, April 18, 2016 - COMMISSIONER OF INTERNAL REVENUE, Petitioner, v. LIQUIGAZ PHILIPPINES CORPORATION, Respondent.; G.R. NO. 215557 - LIQUIGAZ PHILIPPINES CORPORATION, Petitioner, v. COMMISSIONER OF INTERNAL REVENUE, Respondent.

  • G.R. No. 197136, April 18, 2016 - ROMEO PUCYUTAN, FOR AND IN BEHALF OF THE CITY OF MUNTINLUPA, METRO MANILA AS ITS CITY TREASURER, Petitioner, v. MANILA ELECTRIC COMPANY, INC., Respondent.

  • G.R. No. 203949, April 06, 2016 - SPOUSES GEORGE A. GALLENT, SR. AND MERCEDES M. GALLENT, Petitioners, v. JUAN G. VELASQUEZ, Respondent.; G.R. No. 205071 - JUAN G. VELASQUEZ, Petitioner, v. SPOUSES GEORGE A. GALLENT, SR. AND MERCEDES M. GALLENT, Respondents.

  • G.R. No. 217508, April 18, 2016 - JOSEPH SCOTT PEMBERTON, Petitioner, v. HON. LEILA M. DE LIMA, IN HER CAPACITY AS THE SECRETARY OF JUSTICE, JUDGE ROLINE GINEZ- JABALDE, IN HER CAPACITY AS PRESIDING JUDGE OF BRANCH 74 OF THE REGIONAL TRIAL COURT OF OLONGAPO CITY, AND MARILOU LAUDE Y SERDONCILLO, Respondents.

  • G.R. Nos. 221849-50, April 04, 2016 - DATU GUIMID P. MATALAM, Petitioner, v. PEOPLE OF THE PHILIPPINES, Respondent.

  • G.R. No. 204325, April 18, 2016 - LYNMAN BACOLOR, JEFFREY R. GALURA, HELEN B. TORRES, FRITZIE C. VELLEGAS, RAYMOND CANLAS AND ZHEILA C. TORRES, Petitioners, v. VL MAKABALI MEMORIAL HOSPITAL, INC., ALEJANDRO S. MAKABALI, MELCHOR CATAMBING AND DAX M. TIDULA, Respondents.

  • G.R. No. 175869, April 18, 2016 - ROBINA FARMS CEBU/UNIVERSAL ROBINA CORPORATION, Petitioner, v. ELIZABETH VILLA, Respondent.

  • G.R. No. 212382, April 06, 2016 - SCANMAR MARITIME SERVICES, INCORPORATED, CROWN SHIPMANAGEMENT INC., LOUIS DREYFUS ARMATEURS AND M/T ILE DE BREHAT AND/OR MR. EDGARDO CANOZA, Petitioners, v. EMILIO CONAG, Respondent.

  • G.R. No. 211098, April 20, 2016 - THE WELLEX GROUP, INC., Petitioner, v. SHERIFF EDGARDO A. URIETA OF THE SANDIGANBAYAN SECURITY AND SHERIFF SERVICES, THE SANDIGANBAYAN SECURITY AND SHERIFF SERVICES, AND BDO UNIBANK, INC. (FORMERLY EQUITABLE PCI BANK, INC.), Respondents.

  • G.R. No. 199464, April 18, 2016 - ROGELIO ROSARIO, RUDY ROSARIO, MARY ANN GUTIERREZ, SYLVIA CASTILLO, LOURDES JOSE, LORENA ESTEPA, VIRGINIA ESTEPA AND REMEDIOS SABADO, Petitioners, v. RIZALITO F. ALBA, Respondent.

  • G.R. No. 206459, April 06, 2016 - SPOUSES FLORANTE E. JONSAY AND LUZVIMINDA L. JONSAY AND MOMARCO IMPORT CO., INC., Petitioners, v. SOLIDBANK CORPORATION (NOW METROPOLITAN BANK AND TRUST COMPANY), Respondent.

  • G.R. No. 167838, April 20, 2016 - JOSE V. TOLEDO, GLENN PADIERNOS AND DANILO PADIERNOS, Petitioners, v. COURT OF APPEALS, LOURDES RAMOS, ENRIQUE RAMOS, ANTONIO RAMOS, MILAGROS RAMOS AND ANGELITA RAMOS AS HEIRS OF SOCORRO RAMOS, GUILLERMO PABLO, PRIMITIVA CRUZ AND A.R.C. MARKETING CORPORATION, REPRESENTED BY ITS PRESIDENT, ALBERTO C. DY, Respondent.

  • G.R. No. 189577, April 20, 2016 - PHILIPPINE NATIONAL BANK, Petitioner, v. SPS. VICTORIANO & JOVITA FARICIA RIVERA, Respondents.

  • G.R. No. 209011, April 20, 2016 - MALAYAN INSURANCE COMPANY, INC., Petitioner, v. DIANA P. ALIBUDBUD, Respondent.

  • G.R. No. 167679, April 20, 2016 - ING BANK N.V., ENGAGED IN BANKING OPERATIONS IN THE PHILIPPINES AS ING BANK N.V. MANILA BRANCH, Petitioner, v. COMMISSIONER OF INTERNAL REVENUE, Respondent.

  • G.R. No. 207662, April 13, 2016 - PEOPLE OF THE PHILIPPINES, Plaintiff and Appellee, v. FABIAN URZAIS Y LANURIAS, ALEX BAUTISTA, AND RICKY BAUTISTA, Accused.; FABIAN URZAIS Y LANURIAS, Accused-Appellant.

  • G.R. No. 174333, April 20, 2016 - PILIPINAS SHELL FOUNDATION, INC. AND SHELL PHILIPPINES EXPLORATION B.V., Petitioners, v. TOMAS M. FREDELUCES, MARCOS B. CORPUZ, JR., REYNALDO M. SAMONTE, NORMA M. SAMONTE, AMBROCIO VILLANUEVA, SALVACION A. BON, RAMIRO A. BON, LUZVIMINDA B. ANDILLO, LUDIVICO F. BON, ELMO AREGLO, ROSE A. SAN PEDRO, DANTE U. SANTOS, SR., MIGUEL SANTOS, EFREN U. SANTOS, RIC U. SANTOS, SIMON MARCE, JR., JOEL F. SALINEL, BEBIANA SAN PEDRO, AND MARINA SANTOS, Respondents.

  • G.R. No. 175736 & 175898, April 12, 2016 - JOSE RIZAL L. REMO, REYNALDO G. PANALIGAN, TITA L. MATULIN, ISAGANI CASALME, CIPRIANO P. ROXAS, CESARIO S. GUTIERREZ, CELSO A. LANDICHO, AND EDUARDO L. TAGLE, Petitioners, v. ADMINISTRATOR EDITA S. BUENO, NATIONAL ELECTRIFICATION ADMINISTRATION (NEA) BOARD OF ADMINISTRATORS AND MEMBER-CONSUMERS OF BATELEC II, Respondents.; G.R. NO. 175898 - JOSE RIZAL L. REMO, REYNALDO G. PANALIGAN, TITA L. MATULIN, ISAGANI CASALME, CIPRIANO P. ROXAS, CESARIO S. GUTIERREZ, CELSO A. LANDICHO, AND EDUARDO L. TAGLE, Petitioners, v. ADMINISTRATOR EDITA S. BUENO, SEC. RAPHAEL LOTILLA, WILFREDO BILLENA, JOSE VICTOR LOBRIGO, EVANGELITO ESTACA AND MARILYN CAGUIMBAL, Respondents.

  • G.R. No. 188145, April 18, 2016 - SPOUSES PRIMO INALVEZ AND JULIANA INALVEZ, Petitioners, v. BAYANG NOOL, ALLAN NOOL AND CELESTINO NOOL, Respondents.

  • G.R. No. 172593, April 20, 2016 - NAPOLEON S. RONQUILLO, JR., EDNA G. RA

  • G.R. No. 192488, April 19, 2016 - BLUE EAGLE MANAGEMENT, INC., MA. AMELIA S. BONOAN, AND CARMELITA S. DELA RAMA, Petitioners, v. JOCELYN L. NAVAL, Respondent.

  • G.R. No. 194119, April 13, 2016 - SONIA F. MARIANO, Petitioner, v. MARTINEZ MEMORIAL COLLEGES, INC., AND/OR FERDINAND A. MARTINEZ/ DR. ELIZABETH M. DEL RIO, Respondents.

  • G.R. No. 215548, April 05, 2016 - UNDERSECRETARY AUSTERE A. PANADERO AND REGIONAL DIRECTOR RENE K. BURDEOS, BOTH OF THE DEPARTMENT OF INTERIOR AND LOCAL GOVERNMENT (DILG), Petitioners, v. COMMISSION ON ELECTIONS, Respondent.; G.R. NO. 215726 - UNDERSECRETARY AUSTERE A. PANADERO AND REGIONAL DIRECTOR RENE K. BURDEOS, BOTH OF THE DEPARTMENT OF INTERIOR AND LOCAL GOVERNMENT (DILG), Petitioners, v. COMMISSION ON ELECTIONS AND MOHAMMAD EXCHAN GABRIEL LIMBONA, Respondents.; G.R. NO. 216158 - MANGONDAYA ASUM TAGO, Petitioner, v. COMELEC AND MOHAMMAD EXCHAN GABRIEL LIMBONA, Respondents.

  • G.R. No. 208066, April 12, 2016 - PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, v. JOHN GLEN WILE, EFREN BUENAFE, JR., MARK ROBERT LARIOSA AND JAYPEE PINEDA, Accused-Appellants.

  • A.M. No. RTJ-16-2455 (Formerly OCA I.P.I. No.10-3443-RTJ), April 11, 2016 - NEMIA CASTRO, Complainant, v. JUDGE CESAR A. MANGROBANG, REGIONAL TRIAL COURT, BRANCH 22, IMUS, CAVITE, Respondent.

  • A.C. No. 7447, April 18, 2016 - RENE B. HERMANO, Complainant, v. ATTY. IGMEDIO S. PRADO JR., Respondent.

  • G.R. No. 210273, April 19, 2016 - BIBIANO C. RIVERA AND LUIS K. LOKIN, JR., Petitioners, v. COMMISSION ON ELECTIONS (COMELEC), THE SECRETARY-GENERAL OF THE HOUSE OF REPRESENTATIVES, SHERWIN N. TUGNA AND CINCHONA C. CRUZ-GONZALES, Respondents.; G.R. NO. 213069 - CITIZENS' BATTLE AGAINST CORRUPTION (CIBAC) FOUNDATION AS REPRESENTED BY JESUS EMMANUEL L. VARGAS, Petitioner, v. CIBAC NATIONAL COUNCIL AS REPRESENTED BY EMMANUEL JOEL VILLANUEVA, AND THE COMMISSION ON ELECTIONS (COMELEC), Respondents.

  • A.C. No. 11139, April 19, 2016 - PHILCOMSAT* HOLDINGS CORPORATION, DULY REPRESENTED BY ERLINDA I. BILDNER, Complainant, v. ATTY. LUIS K. LOKIN, JR. AND ATTY. SIKINI C. LABASTILLA, Respondents.

  • G.R. No. 194402, April 05, 2016 - NEPTALI S. FRANCO, MELINDA L. OCAMPO, ARTEMIO P. MAGABO, REPRESENTED HEREIN BY SOLEDAD MAGABO, BERNARDA C. LAVISORES, NICOMEDES B. DEYNATA, ALBERTO D. DOSAYLA, REPRESENTED HEREIN BY AILENE JOY BILLONES DOSAYLA AND MARIETTA U. LARRACAS, Petitioners, v. ENERGY REGULATORY COMMISSION, THE HON. ZENAIDA G. CRUZ-DUCUT, IN HER CAPACITY AS CHAIRMAN OF THE ENERGY REGULATORY COMMISSION, DEPARTMENT OF BUDGET AND MANAGEMENT, THE SECRETARY FLORENCIO B. ABAD AND RICALINDA N. ADRIATICO, THE DIRECTOR OF THE BUDGET AND MANAGEMENT BUREAU-A, Respondents.

  • G.R. No. 213299, April 19, 2016 - PNCC SKYWAY CORPORATION, Petitioner, v. THE SECRETARY OF LABOR AND EMPLOYMENT AND PNCC SKYWAY CORPORATION EMPLOYEES UNION, Respondents.

  • G.R. No. 191699, April 19, 2016 - WILLIAM GO QUE CONSTRUCTION AND/OR WILLIAM GO QUE, Petitioner, v. COURT OF APPEALS AND DANNY SINGSON, RODOLFO PASAQUI,1 LENDO LOMINIQUI,2 AND JUN ANDALES, Respondents.

  • G.R. No. 210540, April 19, 2016 - REPUBLIC OF THE PHILIPPINES, Petitioner, v. HOMER AND MA. SUSANA DAGONDON, Respondents.

  • G.R. No. 203370, April 11, 2016 - MALAYAN INSURANCE COMPANY, INC. AND HELEN Y. DEE, Petitioners, v. PHILIP PICCIO, MIA GATMAYTAN, MA. ANNABELLA RELOVA SANTOS, JOHN JOSEPH GUTIERREZ, JOCELYN UPANO, JOSE DIZON, ROLANDO PAREJA, WONINA M. BONIFACIO, ELVIRA CRUZ, CORNELIO ZAFRA, VICENTE ORTUOSTE, VICTOMA GOMEZ JACINTO, JUVENCIO PERECHE, JR., RICARDO LORAYES, PETER C. SUCHIANCO, AND TRENNIE MONSOD, Respondents.; G.R. NO. 215106 - MALAYAN INSURANCE COMPANY, INC., Petitioner, v. PHILIP PICCIO, MIA GATMAYTAN, MA. ANNABELLA RELOVA SANTOS, JOHN JOSEPH GUTIERREZ, JOCELYN UPANO, JOSE DIZON, ROLANDO PAREJA, WONINA M. BONIFACIO, ELVIRA CRUZ, CORNELIO ZAFRA, VICENTE ORTUOSTE, VICTORIA GOMEZ JACINTO, JUVENCIO PERECHE, JR., RICARDO LORAYES, PETER C. SUCHIANCO, AND TRENNIE MONSOD, Respondents.

  • G.R. No. 202618, April 12, 2016 - CONSULAR AREA RESIDENTS ASSOCIATION, INC., REPRESENTED BY ITS PRESIDENT BENJAMIN V. ZABAT, ROMEO JUGADO, JR., AND NANCY QUINO, Petitioner, v. ARNEL PACIANO D. CASANOVA, ENGR. TOMAS Y. MACROHON, LOCAL HOUSING BOARD OF TAGUIG CITY, AND THE CITY GOVERNMENT OF TAGUIG, Respondents.

  • G.R. No. 214934, April 12, 2016 - PACIFIC REHOUSE CORPORATION, Petitioner, v. JOVEN L. NGO, AS REPRESENTED BY OSCAR J. GARCIA, Respondent.

  • A.C. No. 9018, April 20, 2016 - TERESITA P. FAJARDO, Complainant, v. ATTY. NICANOR C. ALVAREZ, Respondent.

  • A.M. No. 12-8-59-MCTC, April 12, 2016 - RE: FINDINGS ON THE JUDICIAL AUDIT CONDUCTED AT THE 7TH MUNICIPAL CIRCUIT TRIAL COURT, LILOAN-COMPOSTELA, LILOAN, CEBU.

  • G.R. No. 208360, April 06, 2016 - PEOPLE OF THE PHILIPPINES, Appellee, v. FELIPE BUGHO Y ROMPAL, A.K.A. "JUN THE MAGICIAN", Appellant.

  • G.R. No. 208446, April 06, 2016 - PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, v. JONEL VARGAS Y RAMOS, JERIENALD VILLAMERO Y ESMAN, ARMANDO CADANO @ MANDO, JOJO ENORME @ JOJO, RUTHER GARCIA @ BENJIE/LOLOY, AND ALIAS TABOY, ACCUSED, JONEL VARGAS Y RAMOS, JERIENALD VILLAMERO Y ESMAN, Accused-Appellants.