July 2008 - Philippine Supreme Court Resolutions

Philippine Supreme Court Resolutions


Philippine Supreme Court Resolutions > Year 2008 > July 2008 Resolutions > [G.R. No. 183591 : July 19, 2008] THE PROVINCE OF NORTH COTABATO, DULY REPRESENTED BY GOVERNOR JESUS SACDALAN AND/OR VICE-GOVERNOR EMMANUEL PIÑOL, FOR AND IN HIS OWN BEHALF VS. THE GOVERNMENT OF THE REPUBLIC OF THE PHILIPPINES PEACE PANEL ON ANCESTRAL DOMAIN [GRP], REPRESENTED BY SEC. RODOLFO GARCIA, ATTY. LEAH ARMAMENTO, ATTY. SEDFREY CANDELARIA, MARK RYAN SULLIVAN AND/OR GEN. HERMOGENES ESPERON JR., THE LATTER IN HIS CAPACITY AS THE PRESENT AND DULY-APPOINTED PRESIDENTIAL ADVISER ON THE PEACE PROCESS [OPAPP] OR THE SO-CALLED OFFICE OF THE PRESIDENTIAL ADVISER ON THE PEACE PROCESS) AND G.R. NO. 183752 CITY GOVERNMENT OF ZAMBOANGA, AS REPRESENTED BY HON. CELSO L. LOBREGAT, CITY MAYOR OF ZAMBOANGA, REP. MA. ISABELLE G. CLIMACO, DISTRICT 1 AND REP. ERICO BASILIO A. FABIAN, DISTRICT 2, CITY OF ZAMBOANGA VS. THE GOVERNMENT OF THE REPUBLIC OF THE PHILIPPINES PEACE NEGOTIATING PANEL (GRP), AS REPRESENTED BY RODOLFO C. GARCIA, LEAH ARMAMENTO, SEDFREY CANDELARIA, MARK RYAN SULLIVAN, AND HERMOGENES ESPERON, IN HIS CAPACITY AS THE PRESIDENTIAL ADVISER ON PEACE PROCESS G.R. NO. 183893 [FORMERLY UDK-14059] (CITY OF ILIGAN, DULY REPRESENTED BY CITY MAYOR LAWRENCE LLUCH CRUZ VS. THE GOVERNMENT OF THE REPUBLIC OF THE PHILIPPINES PEACE PANEL ON ANCESTRAL DOMAIN [GRP], REPRESENTED BY SEC. RODOLFO GARCIA, ATTY. LEAH ARMAMENTO, ATTY. SEDFREY CANDELARIA, MARK RYAN SULLIVAN, GEN. HERMOGENES ESPERON JR., IN HIS CAPACITY AT THE PRESENT AND DULY APPOINTED PRESIDENTIAL ADVISER ON THE PEACE PROCESS, AND/OR SEC. EDUARDO ERMITAM IN HIS CAPACITY AS EXECUTIVE SECRETARY.:




EN BANC

[G.R. No. 183591 : July 19, 2008]

THE PROVINCE OF NORTH COTABATO, DULY REPRESENTED BY GOVERNOR JESUS SACDALAN AND/OR VICE-GOVERNOR EMMANUEL PIÑOL, FOR AND IN HIS OWN BEHALF VS. THE GOVERNMENT OF THE REPUBLIC OF THE PHILIPPINES PEACE PANEL ON ANCESTRAL DOMAIN [GRP], REPRESENTED BY SEC. RODOLFO GARCIA, ATTY. LEAH ARMAMENTO, ATTY. SEDFREY CANDELARIA, MARK RYAN SULLIVAN AND/OR GEN. HERMOGENES ESPERON JR., THE LATTER IN HIS CAPACITY AS THE PRESENT AND DULY-APPOINTED PRESIDENTIAL ADVISER ON THE PEACE PROCESS [OPAPP] OR THE SO-CALLED OFFICE OF THE PRESIDENTIAL ADVISER ON THE PEACE PROCESS) AND G.R. NO. 183752 CITY GOVERNMENT OF ZAMBOANGA, AS REPRESENTED BY HON. CELSO L. LOBREGAT, CITY MAYOR OF ZAMBOANGA, REP. MA. ISABELLE G. CLIMACO, DISTRICT 1 AND REP. ERICO BASILIO A. FABIAN, DISTRICT 2, CITY OF ZAMBOANGA VS. THE GOVERNMENT OF THE REPUBLIC OF THE PHILIPPINES PEACE NEGOTIATING PANEL (GRP), AS REPRESENTED BY RODOLFO C. GARCIA, LEAH ARMAMENTO, SEDFREY CANDELARIA, MARK RYAN SULLIVAN, AND HERMOGENES ESPERON, IN HIS CAPACITY AS THE PRESIDENTIAL ADVISER ON PEACE PROCESS G.R. NO. 183893 [FORMERLY UDK-14059] (CITY OF ILIGAN, DULY REPRESENTED BY CITY MAYOR LAWRENCE LLUCH CRUZ VS. THE GOVERNMENT OF THE REPUBLIC OF THE PHILIPPINES PEACE PANEL ON ANCESTRAL DOMAIN [GRP], REPRESENTED BY SEC. RODOLFO GARCIA, ATTY. LEAH ARMAMENTO, ATTY. SEDFREY CANDELARIA, MARK RYAN SULLIVAN, GEN. HERMOGENES ESPERON JR., IN HIS CAPACITY AT THE PRESENT AND DULY APPOINTED PRESIDENTIAL ADVISER ON THE PEACE PROCESS, AND/OR SEC. EDUARDO ERMITAM IN HIS CAPACITY AS EXECUTIVE SECRETARY.

Sirs/Mesdames:

Quoted hereunder, for your information, is a resolution of the Court En Banc dated August 19, 2008

�G.R. No. 183591 (The Province of North Cotabato, duly represented by Governor Jesus Sacdalan and/or Vice-Governor Emmanuel Pi�ol, for and in his own behalf vs. The Government of the Republic of the Philippines Peace Panel on Ancestral Domain [GRP], represented by Sec. Rodolfo Garcia, Atty. Leah Armamento, Atty. Sedfrey Candelaria, Mark Ryan Sullivan and/or Gen. Hermogenes Esperon Jr., the latter in his capacity as the present and duly-appointed Presidential Adviser on the Peace process [OPAPP] or the so-called Office of the Presidential Adviser on the Peace Process)  and G.R. No. 183752 (City Government of Zamboanga, as represented by Hon. Celso L. Lobregat, City Mayor of Zamboanga, Rep. Ma. Isabelle G. Climaco, District 1 and rep. Erico Basilio A. Fabian, District 2, City of Zamboanga vs. The Government of the Republic of the Philippines Peace Negotiating Panel (GRP), as represented by Rodolfo C. Garcia, Leah Armamento, Sedfrey Candelaria, Mark Ryan Sullivan, and Hermogenes Esperon, in his capacity as the Presidential Adviser on Peace Process); and G.R. No. 183893 [formerly UDK-14059] (City of Iligan, duly represented by City Mayor Lawrence Lluch Cruz vs. The Government of the Republic of the Philippines Peace Panel on Ancestral Domain [GRP], represented by Sec. Rodolfo Garcia, Atty. Leah Armamento, Atty. Sedfrey Candelaria, Mark Ryan Sullivan, Gen. Hermogenes Esperon Jr., in his capacity at the present and duly appointed Presidential Adviser on the Peace Process, and/or Sec. Eduardo Ermitam in his capacity as Executive Secretary. � The Court Resolved to NOTE the Entry of Appearance, dated August 15, 2008, filed by Atty. Soliman M. Santos, Jr., 18 Mariposa St., Cubao, Quezon City, as private collaborating counsel for respondent Secretary Hermogenes C. Esperon, Jr., and DENY said counsel�s prayer that copies of all notices, orders, processes, pleadings, motions and other papers relative to the above-stated cases be sent to him  at the given address, considering that only the lead counsel  is entitled to said processes.

Before acting on the Manifestation and Motion, dated August 19, 2008, filed by the Office of the Solicitor General (OSG), praying for the dismissal of these cases in view of the present condition in some areas in Mindanao and the change in the circumstances from the time of the intended signing of the subject memorandum of Agreement between the Government of the Republic of the Philippines and the Moro Islamic Liberation Front (GRP-MILF MOA)

Which necessitate a thorough review of the MOA, the Court Resolved to REQUIRE the petitioners to COMMENT on the said Manifestation and Motion NOT LATER than August 21, 2008 (Thursday), at 4:30 p.m.� Carpio, J., on official leave.

Very truly yours,

(Sgd.) MA. LUISA D. VILLARAMA
Clerk of Court




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July-2008 Jurisprudence                 

  • [G.R. No. 140859 : July 30, 2008] SANTIAGO CARDENAS, ET AL. V. GALVEZ REALTY AND DEVELOPMENT CO., INC.

  • [A.M. No. P-08-2509 (Formerly OCA I.P.I No. 05-2257-P) : July 30, 2008] FRANCIS M. ZOSA VERSUS CHELEMER E. LABAJO, SHERIFF IV, REGIONAL TRIAL COURT, CEBU CITY, BRANCH 20.

  • [G.R. No. 161616 : July 30, 2008] FELISA ALDABA, ON HER OWN AND IN REPRESENTATION OF PACITA F. ALDABA AND TRAVIATA F. ALDABA V. SPOUSES ANSELMO AND PRISCILLA BULAONG AND ATTY. JEFFREY C. CRUZ

  • [G.R. No. 183591 : July 29, 2008] THE PROVINCE OF NORTH COTABATO, REPRESENTED BY GOVERNOR JESUS SACDALAN, ET AL. VS. THE GOVERNMENT OF THE REPUBLIC OF THE PHILIPPINES PEACE PANEL ON ANCESTRAL DOMAIN, REPRESENTED BY SEC. RODOLFO GACIA ET AL.) G.R. NO. 183752 CITY GOVERNMENT OF ZAMBOANGA, REPRESENTED BY HON. CELSO L. LOBREGAT, CITY MAYOR OF ZAMBOANGA, ET AL. VS. THE GOVERNMENT OF THE REPUBLIC OF THE PHILIPPINES PEACE PANEL ON ANCESTRAL DOMAIN, REPRESENTED BY SEC. RODOLFO GACIA ET AL. G.R. NO. 183893 CITY OF ILIGAN, REPRESENTED BY CITY MAYOR LAWRENCE LLUCH CRUZ VS. THE GOVERNMENT OF THE REPUBLIC OF THE PHILIPPINES PEACE PANEL ON ANCESTRAL DOMAIN, REPRESENTED BY SEC. RODOLFO GACIA ET AL.<BR><BR>G.R. NO. 183951<BR><BR>THE PROVINCIAL GOVERNMENT OF ZAMBOANGA DEL NORTE, AS REPRESENTED BY HON. ROLANDO E. YEBES, ET AL. VS THE GOVERNMENT OF THE REPUBLIC OF THE PHILIPPINES PEACE NEGOTIATING PANEL ON ANCESTRAL DOMAIN, REPRESENTED BY HON. RODOLFO GACIA AND HERMOGENES ESPERON, IN HIS CAPACITY AS THE PRESIDENTIAL ADVISER ON PEACE PROCESS G.R. NO. 183962 ERNESTO M. MACEDA, JEJOMAR C. BINAY AND AQUILINO L. PIMENTEL III VS. THE GOVERNMENT OF THE REPUBLIC OF THE PHILIPPINES PEACE PANEL, REPRESENTED BY ITS CHAIRMAN RODOLFO C. GARCIA, AND THE MORO ISLAMIC LIBERATION FRONT PEACE NOGIATING PANEL, REPRESENTED BY ITS CHAIRMAN MOHAGHER IQBAL

  • [G.R. No. 164527 : July 29, 2008] FRANCISCO I. CHAVEZ V. NATIONAL HOUSING AUTHORITY, R-II HOLDINGS, INC. HARBOUR CENTRE PORT TERMINAL, INC. AND REGHIS ROMERO II

  • [A.M. No. P-99-1347 ( Formerly OCA I.P.I. Nos. 99-399 and 98-422-P) : July 29, 2008] IN THE MATTER OF THE PETITION FOR JUDICIAL CLEMENCY: INOCENTES M. MONTEROLA II, CLERK OF COURT II, MUNICIPALITY CIRCUIT TRIAL COURT, JABONGA-KITCHARAO, AGUSAN DEL NORTE, PETITIONER

  • [G.R. No. 181468 : July 28, 2008] PEOPLE OF THE PHILIPPINES V. DOMINGO ABINES

  • [G.R. No. 181032 : July 28, 2008] PEOPLE OF THE PHILIPPINES V. ARMANDO MALANO Y TRINIANES

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  • [G.R. No. 70484 : July 28, 2008] ROMAN C. TUASON, ET AL. VS. REGISTRY OF DEEDS, CALOOCAN CITY, ET AL.

  • [G.R. No. 161083 : July 27, 2008] PEOPLE OF THE PHILIPPINES, REPRESENTED BY CHIEF STATE PROSECUTOR JOVENCIO R. ZU&NTILDE;O, ET AL. VS. HON. BASILIO R. GABO, ETC., ET AL.

  • [G.R. No. 183591 : July 19, 2008] THE PROVINCE OF NORTH COTABATO, DULY REPRESENTED BY GOVERNOR JESUS SACDALAN AND/OR VICE-GOVERNOR EMMANUEL PI&NTILDE;OL, FOR AND IN HIS OWN BEHALF VS. THE GOVERNMENT OF THE REPUBLIC OF THE PHILIPPINES PEACE PANEL ON ANCESTRAL DOMAIN [GRP], REPRESENTED BY SEC. RODOLFO GARCIA, ATTY. LEAH ARMAMENTO, ATTY. SEDFREY CANDELARIA, MARK RYAN SULLIVAN AND/OR GEN. HERMOGENES ESPERON JR., THE LATTER IN HIS CAPACITY AS THE PRESENT AND DULY-APPOINTED PRESIDENTIAL ADVISER ON THE PEACE PROCESS [OPAPP] OR THE SO-CALLED OFFICE OF THE PRESIDENTIAL ADVISER ON THE PEACE PROCESS) AND G.R. NO. 183752 CITY GOVERNMENT OF ZAMBOANGA, AS REPRESENTED BY HON. CELSO L. LOBREGAT, CITY MAYOR OF ZAMBOANGA, REP. MA. ISABELLE G. CLIMACO, DISTRICT 1 AND REP. ERICO BASILIO A. FABIAN, DISTRICT 2, CITY OF ZAMBOANGA VS. THE GOVERNMENT OF THE REPUBLIC OF THE PHILIPPINES PEACE NEGOTIATING PANEL (GRP), AS REPRESENTED BY RODOLFO C. GARCIA, LEAH ARMAMENTO, SEDFREY CANDELARIA, MARK RYAN SULLIVAN, AND HERMOGENES ESPERON, IN HIS CAPACITY AS THE PRESIDENTIAL ADVISER ON PEACE PROCESS G.R. NO. 183893 [FORMERLY UDK-14059] (CITY OF ILIGAN, DULY REPRESENTED BY CITY MAYOR LAWRENCE LLUCH CRUZ VS. THE GOVERNMENT OF THE REPUBLIC OF THE PHILIPPINES PEACE PANEL ON ANCESTRAL DOMAIN [GRP], REPRESENTED BY SEC. RODOLFO GARCIA, ATTY. LEAH ARMAMENTO, ATTY. SEDFREY CANDELARIA, MARK RYAN SULLIVAN, GEN. HERMOGENES ESPERON JR., IN HIS CAPACITY AT THE PRESENT AND DULY APPOINTED PRESIDENTIAL ADVISER ON THE PEACE PROCESS, AND/OR SEC. EDUARDO ERMITAM IN HIS CAPACITY AS EXECUTIVE SECRETARY.

  • [G.R. No. 178018 : July 15, 2008] COL. ARIEL O. QUERUBIN PN (M) VS. GEN. HERMOGENES C. ESPERON, JR., ET AL.

  • [G.R. NO. 173053 : July 08, 2008] PEOPLE OF THE PHILIPPINES V. FLORENTINO ANGELES

  • [G.R. No. 165696 : July 07, 2008] ALEJANDRO B. TY V. SYLVIA S. TY, IN HER CAPACITY AS ADMINISTRATRIX OF THE INTESTATE ESTATE OF ALEXANDER TY

  • [G.R. No. 182306 : July 07, 2008] ARTURO RAFANAN AND RODOLFO P. ANICETO V. PEOPLE OF THE PHILIPPINES

  • [A.M. No. 08-6-316-RTC : July 01, 2008] RE: QUERY OF EXECUTIVE JUDGE AURORA V. MAQUEDA-ROMAN, RTC-GUMACA, QUEZON ON THE TERMINATION OF THE PROBATION IN CASES WHERE THE SUPERVISION OVER THE PROBATIONER IS TRANSFERRED TO ANOTHER COURT.

  • [A.M. No. 08-6-317-RTC : July 01, 2008] RE: REQUEST FOR GUIDANCE ON A POSSIBLE CONSOLIDATION OF CRIMINAL CASES NOS. Q-07-145036 TO 37 WITH CRIMINAL CASE NO. Q-07-145038, ALL PENDING AT THE RTC OF QUEZON CITY.

  • [A.M. No. 03-4-238-RTC : July 01, 2008] RE: DESIGNATION OF ADDITIONAL SPECIAL COURTS FOR DRUG CASES AND FAMILY COURTS IN MAKATI CITY.

  • [G.R. No.164527 : July 01, 2008] FRANCISCO I. CHAVEZ VS. NATIONAL HOUSING AUTHORITY ET AL.