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Promulgated Decisions and Resolutions
for October, 2004

The electronic content in this web site may contain computer-generated errors or other deviations from the official printed documents. In case of discrepancies between the official print and electronic versions, the official print version prevails. Certified copies of the official documents may be requested from the Court of Appeals.

1. CA GR CV 65250: First Lepanto vs. Tianjin Navigation Company, et al
On appeal by defendants is the decision dated 20 August 1999 of Branch 57 of the Regional Trial Court of Makati City in Civil Case No. 97-1593, the dispositive portion of which reads:...
Promulgated on 2004-10-29

2. CA GR CV 76453: LYNNIE ANN TORCULASTOSHIMITSU, vs. Republic of the Philippines, et al
Was it sufficiently proven before the court a quo that the formal and essential requisites of marriage are wanting as to merit the declaration of the petitioner s marriage void ab initio This factual question is presented to Us by the Solicitor General...
Promulgated on 2004-10-29

3. CA GR SP 84684: Powerspecs vs. NLRC, et al
By way of a Motion for Reconsideration dated July 23, 2004, the petitioner entreats this Court to review our previous order dated July 13, 2004, the decretal text of which reads:...
Promulgated on 2004-10-29

4. CA GR CV 80362: Sps. Andres Flores vs. Bank of Commerce
In September of last year, herein plaintiff-appellants Spouses Andres and Eliza Flores filed a Notice of Appeal with the Regional Trial Court of Manila (Branch 78) giving notice that they were elevating on appeal with the Court of Appeals the adverse d...
Promulgated on 2004-10-29

5. CA GR SP 79367: Pablo Garcia, vs. Saint Michael Homes
This pertains to the Petitioner s Motion for Reconsideration filed on 18 August 2004 seeking for the reconsideration of the Decision dated 30 July 2004, the text of which reads:...
Promulgated on 2004-10-29

6. CA GR SP 60393: Grand International Airways vs. The Hon. Secretary of Justice, et al
Grand International Airways, Inc. filed the present petition under Rule 65 of the Rules of Court imputing grave abuse of discretion on the part of the Honorable Secretary of the Department of Justice in issuing a Resolution dismissing petitioner s compla...
Promulgated on 2004-10-29

7. CA GR SP 71085: Alfredo Magdaleno vs. Hon. Hernandez Perez, et al
This is a Petition for Certiorari and Prohibition which seeks to annul and set aside the following: (1) the Resolution of Assistant Provincial Prosecutor Frederick F. Malapit of the Office of the Provincial Prosecutor of Malolos, Bulacan dated August 31,...
Promulgated on 2004-10-29

8. CA GR CV 36958: Cecilia Bocayo Centeno, et al. vs. Domingo Buban, et al.
This is an appeal from the Decision dated April 17, 1989 of the Regional Trial Court of Tabaco, Albay, Branch 15, in Civil Case No. T-264,...
Promulgated on 2004-10-29

9. CA GR SP 77059: Estrella R. Gredona vs. Social Security System
The decision of the Employees Compensation Commission (ECC) which affirmed the judgment of respondent Social Security System (SSS) denying the petitioner s claim for death benefits on account of the death of her husband, is challenged in this petition fo...
Promulgated on 2004-10-29

10. CA GR SP 78571: Sps. Raul Ramos and Josephine Ramos vs. Felicisima Almasan
The instant petition seeks the review of the decision of the Regional Trial Court (RTC) of Calamba City, Branch 35 dated December 21, 2002,1 the decretal portion of which reads:...
Promulgated on 2004-10-29

11. CA GR SP 78671: Rosita Sadca, et al vs. Taylor Camsol, et al
In this petition for review, the petitioner assails the decision dated April 7, 20031 of Branch 64 of the Regional Trial Court (RTC) of Abatan, Buguias, Benguet, which affirmed the decision of the Municipal Trial Court (MTC) of Mankayan, Benguet dismissi...
Promulgated on 2004-10-29

12. CA GR CR 27595: People vs. Vicky Moster
Before us for review is the decision dated August 28, 20021 of the Regional Trial Court (RTC), Branch 124, Caloocan City affirming the decision dated December 27, 20002 of the Metropolitan Trial Court (MeTC), Branch 49, Caloocan City, which found the accu...
Promulgated on 2004-10-29

13. CA GR SP 86126: Unibancard vs. Sps. Alfredo Olegario
Filed before this Court is a Petition for Review1 challenging the decision dated March 31, 2004 of the Regional Trial Court of Makati City, Branch 62 inCivil Case No. 03-1079....
Promulgated on 2004-10-29

14. CA GR SP 81946: Ma. Elsa Savellano vs. Hon. Baclig
Per Court?s resolution of February 9, 2004,1 we directed respondents to file comment on the instant petition within ten (10) days from notice....
Promulgated on 2004-10-29

15. CA GR CV 74677: Marciana Tayao et al, vs. Efren Tayao
On appeal before Us is the Decision, dated 03 January 2002, rendered by Hon. Judge Rodrigo S. Caspillo, of the Regional Trial Court of Cabanatuan City, Branch 24, disposing as follows:...
Promulgated on 2004-10-29

16. CA GR SP 82369: Sps. Procopio Abua vs. Heirs of Mariano Sasondoncillo
Before us is a petition for review of the (i) Decision dated December 5, 2003 of Branch 28, Regional Trial Court, Sta. Cruz, Laguna in Civil Case No. SC-4246,2 affirming the Decision dated December 21, 20013 of the Fourth Municipal Trial Court, Lumban- ...
Promulgated on 2004-10-29

17. CA GR CV 66006: Salvacion Co Say Tan, et al vs. Porferio Valenzuela et al
This is an appeal interposed by appellant spouses Salvacion Co Say Tan and Ramon K. Tan from the Decision dated 18 October 1999 rendered by the Regional Trial Court of Pili, Camarines Sur, Branch 33, in Civil Case No. P-2047 for Recovery of Ownership and...
Promulgated on 2004-10-29

18. CA GR CV 62290: Wongchuking vs. Financiera Manila
On Appeal by defendant is the Decision dated 29 December 1998 of Branch 64, of the Regional Trial Court of Makati City in Civil Case No. 98-823, the dispositive portion of which reads:...
Promulgated on 2004-10-29

19. CA GR SP 86951: Emerito Salva, et al., vs. Hon. Lim, et al
Petitioners-appellants filed a Petition for Extension of Time to File Appeal by Petition for Review praying for an extension of fifteen (15) days reckoned from October 16, 2004, or until October 31, 2004 within which to file the same....
Promulgated on 2004-10-29

20. CA GR SP 86794: Sps. Leonardo Llera vs. Teck Lu Ong
Spouses Cecilia and Leonardo Llera elevated their pleading to this Court captioned as Extreme Urgency in Application for Temporary Restraining Order which was originally filed with the Regional Trial Court (Br. 56) of Lucena City, seeking to restrain the...
Promulgated on 2004-10-29

21. CA GR SP 61926: Inland Trailways vs. Solar Resources, Inc.
Petitioner Inland Trailways, Inc., has filed a Motion for Reconsideration of our Decision dated August 30, 2004. Respondent Solar Resources, Inc., submitted its Opposition thereto as directed in our Resolution dated October 1, 2004....
Promulgated on 2004-10-29

22. CA GR CR 27635: Col Pedro Heredia vs. Renato Tleon
Before us is an appeal filed by plaintiff-appellant Col. Pedro B. Heredia from the Order dated February 13, 2003 of the Regional Trial Court, Branch 276, City of Muntinlupa, in Civil Case No. 02-143 dismissing his complaint for indirect contempt against d...
Promulgated on 2004-10-29

23. CA GR CR 26448: People vs. Reynaldo Amado
Before us is an appeal filed by accused REYNALDO AMADO from the Decision dated April 27, 2001 of the Regional Trial Court, Branch 15, City of Manila, in Criminal Case No. 96-152611 entitled People of the Philippines versus REYNALDO AMADO , finding him g...
Promulgated on 2004-10-29

24. CA GR SP 71856: Jadwani Employees Labor et al vs. NLRC, et al
Assailed in the present petition for certiorari is the Decision of the National Labor Relations Commission (NLRC, for short) dated August 30, 20011 declaring that petitioners were not illegally dismissed from employment, as well as the Order dated Apri...
Promulgated on 2004-10-29

25. CA GR CV 80824: Sps. Asuncion Alvarez, et al vs. Republic of the Philippines
Finding the Motion to Withdraw Appeal filed by oppositorappellant (p. 16, Rollo) to be in order pursuant to Sec. 3, Rule 50 of the Rules of Court, the same is hereby GRANTED....
Promulgated on 2004-10-29

26. CA GR SP 84503: Vicente Salumbides vs. NLRC, et al
This deals with the Petition for Certiorari1 filed by petitioner Vicente A. Salumbides praying for the reversal of the Resolution issued by respondent National Labor Relations Commission promulgated on February 27, 2004 which affirmed Labor Arbiter Arth...
Promulgated on 2004-10-29

27. CA GR CV 66188: Felix Abano, et al vs Republic of the Philippines
The Republic of the Philippines, through its statutory counsel, the Office of the Solicitor General, assails the Decision1 dated December 16, 1999 of the Regional Trial Court, Branch XL, Daet, Camarines Norte approving the Application for Registration of...
Promulgated on 2004-10-29

28. CA GR CV 65944: Sps. Loreto Castillo, vs. Batangas Savings
Plaintiffs-appellants Spouses Loreto and Catherine Castillo assail the Order1 dated July 27, 1999 of the Regional Trial Court, Branch 83 Tanauan, Batangas dismissing their complaint for consignation for lack of merit....
Promulgated on 2004-10-29

29. CA GR CV 65001: Castillo vs.Republic of the Philippines
On appeal is the Decision dated January 7, 1998 of the First Municipal Circuit Trial Court, Mabini-Tingloy, Batangas which granted the Application for Land Registration of applicantappellee Andres Castillo....
Promulgated on 2004-10-29

30. CA GR CV 61197: Espino et al vs. Rimando et al
This is an appeal from the Decision dated May 5, 19981 rendered by the Regional Trial Court in Bauang, La Union, Branch 67 in Civil Case No. 846-BC which is an action for partition and recovery of ownership of real property....
Promulgated on 2004-10-29

31. CA GR CV 64644: Nenita Balauag, et al vs. Gerarda Calauad, et al
This is an appeal interposed by appellants Gerarda Calauad alias Isabela Calauad and Berto Luyun from the Decision dated 8 July 1999 rendered by the Regional Trial Court of Ilagan, Isabela, Branch 17, in Civil Case No. 738 for Ownership, Possession and ...
Promulgated on 2004-10-29

32. CA GR SP 83719: V.C. Ponce Company, Inc. vs. Dept. of Public Works and Highways
This is an appeal from the decision of the Regional Trial Court, Branch 227 of Quezon City in Civil Case No. Q-96-28795, a petition for mandamus filed in 1996 by V. C. Ponce Co., Inc., represented by its president, Vicente C. Ponce....
Promulgated on 2004-10-29

33. CA GR CV 71418: Felix C. Encarnacion vs. Lilian Abergas, et al.
On appeal is the decision1 dated March 21, 2001 of the Regional Trial Court (RTC) of Cabanatuan City, Branch 25 in Civil Case No. 3778, entitled, Re: Petition for Voluntary Insolvency, Felix C. Encarnacion, petitioner....
Promulgated on 2004-10-29

34. CA GR CV 62417: Lucila Manabat-Cruz, vs. Corazon abad Zamora
Assailed in this appeal is the Decision dated November 19, 19982 in Civil Case No. 622-M of Branch 78, Regional Trial Court, Morong, Rizal granting the complaint for Accion Reindivicatoria with Damages filed by appellee Lucila Manabat Cruz against appell...
Promulgated on 2004-10-29

35. CA GR SP 78266: Sps. Aquino vs. Hon. Antonio S. Pozas, et al.
Disputed in this petition for certiorari are the order dated February 26, 2003 denying the petitioners's motion to dismiss, and the order dated April 14, 2003 denying the motion for reconsideration, of the public respondent judge in the civil action en...
Promulgated on 2004-10-29

36. CA GR SP 79730: Macalinao, et al vs. Heirs of Edmundo Reyes, et al
This is a Petition for Review with Application for Temporary Restraining Order and Preliminary Injunction of the decision of the Regional Trial Court (RTC), Branch 125, Caloocan City in Civil Case No. C-20269 affirming in toto, the decision3 of Branch 50...
Promulgated on 2004-10-29

37. CA GR SP 72746: Philippine nationak Bank vs. Hon. Vilma Puig, et al
A Special Power of Attorney executed more than two (2) decades ago by respondent Victor Binua, authorizing Manuel Donato to apply for, borrow or secure any industrial, commercial or agricultural loan credit accomodation from Republic Planters Bank...
Promulgated on 2004-10-29

38. CA GR CV 77641: Adoracion Alfonso, vs. Sps. Armando Alfonso
The case before Us paints a depressing picture of litigation pitting sister against brother and the latter's wife. Even more depressing is the fact that this dispute which has driven a wedge between siblings is over money....
Promulgated on 2004-10-29

39. CA GR CR 19102: People vs. Aurora Banez-Villar, et al
For allegedly recruiting workers for employment abroad without the requisite license or authority, Fe Bermundo (or Bermundo), alias Fe Salonga, and Aurora Ba?ez-Villar (or Ba?ez-Villar) were charged with the crime of illegal recruitment before the Regio...
Promulgated on 2004-10-29

40. CA GR CV 69558: First Metro Leasing and Finance vs. Azkcon Metal Industries
Before Us is an appeal of the Decision dated 30 June 2000 rendered by Branch 149, Regional Trial Court (RTC) of Makati City in Civil Case No. 98-313....
Promulgated on 2004-10-29

41. CA GR SP 72197: Heirs of Rafael Mison, Jr., vs. Bernardino Amorsolo, et al
Assailed in this petition for review is the Decision rendered by the Office of the President, through Executive Secretary Alberto G. Romulo, dated December 8, 2001 affirming the Order of the Secretary of the Department of Agrarian Reform (DAR)....
Promulgated on 2004-10-29

42. CA GR CV 59654: Adalia vs. Republic of the Philippines
In this appeal from the Order dated 06 October 1997 of the RTC of Calapan, Oriental Mindoro, appellant Republic of the Philippines impugns the directive of the court to the Register of Deeds of Oriental Mindoro to reconstitute the Original and the owner's...
Promulgated on 2004-10-29

43. CA GR CV 62384: Carlito Laag, sr., et al., vs. Asuncion Tugadi, et al
In this appeal from the Order dated 14 July 1998 of the Regional Trial Court of Olongapo City, appellants lament that the ruling thereto declaring them non-suited is clearly erroneous....
Promulgated on 2004-10-29

44. CA GR CV 63757: Rose Alciso, vs. Jaime Sansano, et al
Before Us on appeal is the decision dated April 6, 1998 of the Regional Trial Court, Branch 8, La Trinidad, Benguet in Civil Case No. 84-CV-0094, the dispositive portion1 of which reads as follows:...
Promulgated on 2004-10-29

45. CA GR SP 86397: Citbank N.A. vs. Palma, et al
Upon consideration of the respective Manifestation/Motion filed by the parties invariably stating that the petition has been rendered moot and academic with the subsequent dismissal of the case a quo, the Court resolves to consider the case WITHDRAWN...
Promulgated on 2004-10-29

46. CA GR CV 65341: May Felicisima, et al., vs. Jose Corales, et al
Before the Court is an appeal from the Decision2 dated December 21, 1999 of Branch 2, Regional Trial Court, Batangas City in Civil Case No. 4861 directing, among others, defendantappellee Jose Corales (in his capacity as Ex-Officio Sheriff) to proceed wi...
Promulgated on 2004-10-29

47. CA GR CV 54809: Mamertha General Merchandising vs. Janette Chan
This appeal seeks to set aside the Resolution dated 2 September 1996 of the Regional Trial Court (RTC) of Kalookan City, Branch 127 in Criminal Case No. C-48537 entitled People of the Philippines vs. Janette Co Chan, with respect to the finding of the tr...
Promulgated on 2004-10-29

48. CA GR CV 60951: Raul Comia, vs. The Imperial Insurance
Subject of the present appeal is the Decision of the Regional Trial Court (RTC) of Cauayan, Isabela, Branch 19 dated 29 June 1998in Civil Case No. 19-800, an action for damages filed by plaintiffappellee Raul Comia (hereinafter referred to as plaintiff-ap...
Promulgated on 2004-10-29

49. CA GR SP 81497: Heppner, et al vs. NLRC, et al
Submitted for decision is a petition for certiorari with prayer for issuance of temporary restraining order pursuant to Rule 65 of the 1997 Rules of Court which seeks to annul and set aside the Resolution promulgated on May 30, 2003 by the respondent Nati...
Promulgated on 2004-10-29

50. CA GR SP 79884: Flores vs. SSS, et al
This is a petition for review directed against the decision of the Employees Compensation Commission dated February 20, 2003 affirming in its entirety the decision of the Social Security System denying herein petitioner s claim for employees compensation...
Promulgated on 2004-10-29

51. CA GR CV 79666: Wilfredo de Leon vs, Rolando Joson, et al.
In the Notice dated 30 June 2004 sent to plaintiff-appellant Wilfredo de Leon and his counsel Atty. Manolo F. Soriano, plaintiff-appellant was required to file with this Court, within forty-five (45) days from receipt of said Notice, his appellant s brief...
Promulgated on 2004-10-29

52. CA GR SP 86798: Wilfredo de Leon vs. Rolando Joson, et al
In the Notice dated 30 June 2004 sent to plaintiff-appellant Wilfredo de Leon and his counsel Atty. Manolo F. Soriano, plaintiff-appellant was required to file with this Court, within forty-five (45) days from receipt of said Notice, his appellant s brief...
Promulgated on 2004-10-29

53. CA GR SP 76892: Land Bank of the Phils. vs. Marinela D. Tecson-Macaraeg, et al.
For failure to tender new matter of substance that could warrant the reversal or modification of this Court's decision dated July 23, 2004, the petitioner's Motion for Reconsideration is hereby DENIED for lack of merit....
Promulgated on 2004-10-29

54. CA GR CV 68168: UCPB General Insurance Co., Inc. vs. Damco Intermodal Systems, Inc., et al.
We are now faced with an appeal from the Decision dated November 29, 1999 of the Regional Trial Court of Makati City, Branch 146, in Civil Case No. 92-20-36...
Promulgated on 2004-10-29

55. CA GR CV 68090: Dinah Mae E. Cantos vs. Ramon Ma. V. Cantos; RP
On appeal is the Decision of Branch 151 of the Regional Trial Court of Pasig City, dated July 20, 2000, which declared the marriage between appellee Dinah Mae E. Cantos and respondent Ramon Ma. V. Cantos null and void ab initio on the ground of the psycho...
Promulgated on 2004-10-29

56. CA GR CR 23860: People vs. Alfredo Ripo, Jr.
This is an appeal from the Decision1 of Branch 1 of the Regional Trial Court of Legazpi City, dated October 22, 1999, convicting appellant Alfredo Ripo, Jr. of homicide, as penalized under Article 249 of the Revised Penal Code, as amended, for the death o...
Promulgated on 2004-10-29

57. CA GR CV 75701: Antnio Garcia vs. Hon. Tienzo, et al
This is an appeal from the Order of dismissal dated March 2, 2000 issued by the Regional Trial Court of San Jose City, Nueva Ecija, Branch 38, the decretal text of which reads:...
Promulgated on 2004-10-29

58. CA GR SP 84078: Heirs of the Late Arandid vs. Hon. Manalac, et al
This is a Petition for Certiorari with application for issuance of a preliminary injunction and/or temporary restraining order under Rule 65 of the 1997 Rules of Court seeking the reversal and setting aside of the Orders dated March 10, 2004 and April 2...
Promulgated on 2004-10-29

59. CA GR SP 77398: Dona Josefa Vda. de Santos, Inc. vs. Hon. Helen Bautista-Ricafort, et al.
It is elementary that an attorney is entitled to have and to receive a just and reasonable compensation for services performed at the special instance and request of his client. As long as the lawyer was in good faith and honestly trying to represent a...
Promulgated on 2004-10-29

60. CA GR SP 78802: Verceles vs. Civil Service Commission
Before Us is a petition for review under Rule 43 of the Rules of Court seeking the nullification of two orders emanating from the Civil Service Commission, namely: (a) CSC Resolution No. 03-0385 dated March 19, 2003 which affirmed the decision of the CS...
Promulgated on 2004-10-29

61. CA GR SP 81017: Francis Arsenio vs. JS Contractor, et al
This is a special civil action under Rule 65 of the 1997 Rules of Court seeking the nullification and setting aside of the Resolution issued by the National Labor Relations Commission dated September 24, 2002, which decision affirmed with modification...
Promulgated on 2004-10-29

62. CA GR SP 76832: Joel Uy and/or UYCO Enterprises vs. NLRC, et al
Assailed in this special civil action for certiorari under Rule 65 of the Revised Rules of Court are the January 27, 2003 and October 7, 2002 resolutions of the public respondent National Labor Relations Commission (NLRC, for brevity), as well as the N...
Promulgated on 2004-10-29

63. CA GR SP 83330: Raymundo Gerona vs. Hon. Pinero-Cruz, et al
This is a Petition for Certiorari under Rule 65 of the 1997 Rules of Court seeking the reversal and setting aside of the Orders dated September 12, 2003 and January 19, 2004 both issued by the Regional Trial Court of Malolos, Bulacan, Branch 16....
Promulgated on 2004-10-29

64. CA GR SP 79842: Adina et al., vs. RTC Branch 67, et al
This is an original action for certiorari directed against the order of respondent Judge Mariano Singzon, Jr. dated June 17, 2003 which denied: (a) the petitioner?s motion to admit amended complaint seeking to implead as additional complainant Liligold...
Promulgated on 2004-10-29

65. CA GR CV 60716: Dayal Nandwani et al., vs. Lincoln Phil. Life Insurance
Before the Court is an appeal from the Decision dated April 24, 1998 of Branch 135, Regional Trial Court (RTC), Makati City in Civil Case No. 89-4649, granting the complaint for Recovery of a Sum of Money with Damages filed by laintiffs-appellees Dayal...
Promulgated on 2004-10-29

66. CA GR SP 78310: BPI Family Savings Bank, Inc. vs. Sabina dela Cruz, et al.
For resolution is the Petition for Review under Rule 43 filed by BPI Family Savings Bank, Inc. against respondents Sabina dela Cruz, Heidi Damiles and Emelda Moreno assailing the Resolution of the Office of the President dated June 18, 2003 which affir...
Promulgated on 2004-10-29

67. CA GR CV 76769: Salvador Dungaran vs. Basilisa Lim, et al
THIS is an appeal from the Decision in an action for damages founded on malicious prosecution initiated by plaintiff-appellee Salvador Dungaran against defendants-appellants Basilisa D. Lim and Fausto Lim....
Promulgated on 2004-10-29

68. CA GR CV 72293: Alcorn Petroleum vs. Jibsen International
ON appeal before Us is the Decision of the Regional Trial Court in an action for sum of money arising from a contract of sale of Portland cement....
Promulgated on 2004-10-29

69. CA GR CV 74978: Danilo Candaba, vs. Metropolitan Bank, et al
Plaintiff appeals from the Order dated 30 May 2002 of the Regional Trial Court of Las Pinas, Branch 1982 dismissing his complaint for Preliminary Injunction with prayer for the issuance of a temporary restraining order and/or writ of preliminary injunct...
Promulgated on 2004-10-29

70. CA GR SP 64007: Elena Castro, et al vs. The DARAB, et al
THE petition for certiorari of petitioners Elena Castro, et al. seeks to nullify public respondent DARAB s Order dated February 28,2001 granting private respondent Pedro de Vera s motion for execution pending appeal of the DARAB Decision dated August 22,...
Promulgated on 2004-10-29

71. CA GR SP 56398: Rogelio Uy vs. Hon. Judge Magpale, et al
For resolution is respondents Motion to Remand Case, praying that the instant case be immediately remanded to the trial court for the early resolution of their Joint Motion for Cancellation of Notice of Lis Pendens and for the setting of the case for tri...
Promulgated on 2004-10-29

72. CA GR CV 73710: Dante Roque vs. Secretary Gregorio Vigilar, et al
THIS is an appeal by the Republic from a judgment in an action for sum of money initiated by plaintiff-appellee Dante Roque against officials of the department of Public Works and Highways (DPWH), then headed by Secretary Gregorio A. Vigilar, one of the...
Promulgated on 2004-10-29

73. CA GR CV 78443: Mariano Oliquiano vs. Republic of the Philippines
CHALLENGED in this appeal is the Order dated January 22, 2003 of the Regional Trial Court (RTC) for the issuance of new owner's duplicate of title in favor of plaintiff-appellee....
Promulgated on 2004-10-29

74. CA GR CV 74914: Julia Baeyens vs. Ma. Alicia de Guzman
WAIVER of right to collect stipulated interest is the focus of this appeal from a Decision in an action for sum of money initiated by plaintiff-appellee Julia Baeyens against defendant-appellant Ma. Alicia De Guzman....
Promulgated on 2004-10-29

75. CA GR CV 75892: Maria Leonor Reyes vs. Republic of the Philippines, et al
BROUGHT to Us on appeal is a Decision in a petition for declaration of nullity of marriage initiated by petitioner-appellee Maria Leonor y Reyes against her husband, respondent Isagani Te, on the ground of psychological incapacity....
Promulgated on 2004-10-29

76. CA GR CV 77769: Eduardo Vallo, et al vs. Register of Deeds, Quezon City, et al
WHERE the Court orders the plaintiff to amend its complaint to implead as party defendant an indispensable party, his refusal to comply with such order is a ground for the dismissal of the complaint....
Promulgated on 2004-10-29

77. CA GR CV 78881: Sps. Mamerto Sayco vs. Sps. Pablo Villar
IF there is a stipulation on payment of interest on loan but for a limited period, may interest be charged after the period and at what rate How should accrued interests also earn interest....
Promulgated on 2004-10-29

78. CA GR SP 72658: Ramir Rivera, et al, vs. NLRC, et al
Before Us is a Petition for Certiorari under Rule 65 of the 1997 Rules of Civil Procedure, which seeks to overturn the May 31, 2002...
Promulgated on 2004-10-29

79. CA GR CV 75377: Joaquin Natividad vs. Republic of the Philippines
BROUGHT to Us on appeal is the decision of the Regional Trial Court (RTC) granting a petition for the issuance of new owner s duplicate copy of an original certificate of title (OCT)....
Promulgated on 2004-10-29

80. CA GR CV 74964: ESM Trading Corp., vs. Metropolitan Waterworks, et al
BEFORE Us is an appeal from the judgment of the Regional Trial Court in an action for nullification of a public bidding of the Metropolitan Waterworks and Sewerage System....
Promulgated on 2004-10-29

81. CA GR CV 74056: Mitas Flores vs. Jose Manuel Camposano
MAN has not invented a reliable compass by which to steer a marriage in its journey over troubled waters. Laws are seemingly inadequate. Over time, much reliance has been placed in the works of the unseen hand of Him who created all things....
Promulgated on 2004-10-29

82. CA GR CV 70804: Tirso Sical vs. Narciso Agac-ac
UP for Our review is a judgment in an action for sum of money initiated by plaintiff-appellee Tirso Sical against defendant-appellant Narciso Agac-ac....
Promulgated on 2004-10-29

83. CA GR CV 67165: Benjamin Mendoza et al vs. Vitarich Corp., et al
On appeal by defendants is the Decision dated March 3, 2000 of the Regional Trial Court of Valenzuela City, Branch 172, the decretal portion of which states:...
Promulgated on 2004-10-29

84. CA GR SP 71344: Dr. Manny Fermin vs. Tomas Baquiran
This is a petition for certiorari under Rule 65 of the 1997 Rules of Civil Procedure seeking to annul and set aside the Resolution of the Regional Trial Court, Branch 01, Tuguegarao City, Cagayan dated December 13, 2001 dismissing petitioner s appeal for...
Promulgated on 2004-10-29

85. CA GR CV 60760: Antonio Sia et al vs. Carter and Son Development, Inc.
Before us is an appeal filed by the defendant-appellant seeking to reverse and set aside the Decision dated May 20, 1997 of the Regional Trial Court, Branch 134 of Makati City in Civil Case No. 92-1779, the dispositive portion of which reads as follows:...
Promulgated on 2004-10-29

86. CA GR CV 70738: Edelwisa Gacilo vs. Erlinda Cruz, et al
This is an appeal interposed by appellant Edelwisa T. Gacilo from the Order dated 8 August 2000 rendered by the Regional Trial Court of Manila, Branch 6, in Civil Case No. 99-94377 for Annulment of Deed of Sale, Cancellation of Transfer Certificate of Ti...
Promulgated on 2004-10-29

87. CA GR SP 86535: PO2 Edgardo Bajador vs. Sps. Roy Marte
FIRST, the petition is unaccompanied by clearly duplicate original or certified true copies of the assailed decision dated September 1, 2004. What is submitted appears to be a plain photocopy. (Section 2, Rule 42, 1997 Rules of Civil Procedure)....
Promulgated on 2004-10-29

88. CA GR CV 77933: FLORENCIO BAUTISTA, ET AL., vs. BIENVENIDO TARUC,
Counsel for plaintiffs-appellants compliance with the Resolution of this Court dated June 9, 2004 is hereby NOTED....
Promulgated on 2004-10-29

89. CA GR CV 49747: Cipriaso vs. Lim
This is an appeal interposed by appellant spouses Merella and Alfredo Cipriaso from the Decision dated 30 March 1995 rendered by the Regional Trial Court of Manila, Branch 53, in Civil Case No. 85-34096 for Sum of Money, the dispositive portion of which...
Promulgated on 2004-10-29

90. CA GR CV UDK 7269: ORIENTAL MAHOGANY, vs. VITALEX SECURITY
Considering that the appellant failed to pay the required docket fee within the prescribed period indicated in the notice1 dated 23 January 2004, despite appellant s counsel s receipt of the same on 02 February 20042, the appeal is deemed ABANDONED and ac...
Promulgated on 2004-10-29

91. CA GR CV 76189: Hernan Gallardo vs. Republic of the Philippines, et a
Is a certification issued by the Municipal or City Registrar that no marriage license appears in its records sufficient to prove the absence of such license...
Promulgated on 2004-10-29

92. CA GR CV 73157: Republic of the Phil. vs. Jose Ramirez, et al
BROUGHT to us on appeal is the decision of the Regional Trial Court (RTC) in an action for cancellation of title and reversion....
Promulgated on 2004-10-29

93. CA GR CV 76842: Angelina Tan, et al v. Sps. Isagani and Diosdada Castro, et al
WHILE the Usury Law ceiling on interest rates was lifted by C.B. Circular No. 905, nothing in the said circular grants lenders carte blanche authority to raise interest rates to levels which will either enslave their borrowers or lead to a hemorrhaging of...
Promulgated on 2004-10-29

94. CA GR SP 54415: Cruz vs. Hon. Magat, et al
Assailed in this petition for certiorari are certain orders and the decision issued by the Regional Trial Court (Branch 6, Malolos,Bulacan) in Civil Case No. 167-M-99 entitled Mauro Malang Santos, Plaintiff, versus Sps. Felizardo Cruz and Gloria Pineda-C...
Promulgated on 2004-10-28

95. CA GR CV 74064: Leonida Esguerra vs. Sps. Clarita Reyes, et al
This is an appeal from the Order rendered by Branch 22 of the Regional Trial Court stationed in Malolos, Bulacan, dismissing a case for Annulment of Title and Damages with Prayer for the Issuance of Preliminary Prohibitory Injunction filed by the appel...
Promulgated on 2004-10-28

96. CA GR SP 52626: DR. RODOLFO CUSTODIO, vs. DR. EFREN NUESTRO
This is a Petition for Review under Rule 43 of the revised Rules of Civil Procedure, assailing Resolution No. 990837 [Rollo, pp.17-23] of the Civil Service Commission [CSC for brevity], dated April 21, 1999, the dispositive portion of which reads:...
Promulgated on 2004-10-28

97. CA GR CV 57847: Jose Cortez vs. Tiro Balao, et al
This is an appeal from the Decision, dated September 24, 1997, rendered by the Regional Trial Court, Branch 63, La Trinidad, Benguet, the dispositive portion of which reads:...
Promulgated on 2004-10-28

98. CA GR SP 48383: Mylene Liboon et al., vs. COL. JUAN ALGER, et al
This is an appeal by way of Petition for Review from 1) the Decision, dated October 22, 1997, rendered by the Office of the President affirming the Decision, dated May 24, 1996, of the Secretary of the Department of Environment and Natural Resources (DENR...
Promulgated on 2004-10-28

99. CA GR CR 24102: People vs. Roberto Visaya
This is an appeal from the Decision of the Regional Trial Court, Branch 79, Malolos, Bulacan, dated March 30, 2000, finding Roberto Visaya y Acelotche guilty beyond reasonable doubt of the crime of violation of Section 261 (q) of the Omnibus Election Code...
Promulgated on 2004-10-28

100. CA GR SP 83454: Lusisito Castro, et al vs. NLRC, et al
For Resolution is a Motion for Reconsideration1 filed by petitioners Luisito Castro and Carlito Hernandez which seeks to set aside Our Decision dated June 25, 2004....
Promulgated on 2004-10-28

101. CA GR SP 76206: Artemino Iņego vs. Hon. Guillermo Purganan, et al
This is a special civil action for certiorari under Rule 65 of the 1997 Rules of Civil Procedure, as amended, which seeks the reversal of the Omnibus Order dated October 21, 2002 and Order dated January 21, 2003 of the Honorable Judge Guillermo G. Purga...
Promulgated on 2004-10-28

102. CA GR SP 78646: Glaxosmithkline Phil., vs The Secretary of Justice, et al
This is a petition for certiorari under Rule 65 of the 1997 Rules of Civil Procedure, as amended, seeking to set aside the Resolutions dated (a) June 17, 2003 and (b) June 25, 2003 issued by the Secretary of Justice in I.S. Nos. 2002-515 (Criminal Cases...
Promulgated on 2004-10-28

103. CA GR SP 76356: Erma Blanco et al vs. Luisa Galvan
This Court is asked to review the Decision of the Regional Trial Court, Branch 48, Urdaneta City, which reversed the judgment rendered by the Municipal Trial Courts in Cities, Urdaneta City, due to the latter's lack of jurisdiction....
Promulgated on 2004-10-28

104. CA GR SP 62713: Orendain Service vs. Caltex (Phil.)
A petition for review has been filed with us under Rule 42 to set aside a decision of the Regional Trial Court of Pasay City in an action for certiorari filed with it under Rule 65....
Promulgated on 2004-10-28

105. CA GR SP 78609: OSCAR OCASION, vs. International Pipe, et al
Acting on petitioner s motion for reconsideration of this court's July 15, 2004 Decision which denied due course to the petition. We resolve to deny the same, the basic issues raised therein having previously been duly considered and passed upon by thi...
Promulgated on 2004-10-28

106. CA GR CR 27530: People vs. Nicanor Mulat
The appellant Nicanor Mulat (or hereafter Mulat) was charged with the Violation of Presidential Decree No. 533 (or The Anti-Cattle Rustling Law of 1974) before the Regional Trial Court of Masbate City, in that Information which specified:...
Promulgated on 2004-10-28

107. CA GR CV 74316: CHOI CHI KEUNG vs. Republic of the Philippines
Challenged in this appeal is the Decision dated May 15, 2001 of Branch 48 of the Regional Trial Court of Manila (or RTC for brevity) in a Petition for Change of Name, the decretal part of which reads:...
Promulgated on 2004-10-28

108. CA GR CV 79548: HUTCHESON, vs. Republic of the Philippines
For Resolution is a Manifestation withdrawing appeal filed by the Office of the Solicitor General alleging that [a]fter a careful and exhaustive study of the case records forwarded by the trial court to this Honorable Court, including certain documents fr...
Promulgated on 2004-10-28

109. CA GR CV 77822: Cosico et al vs. Republic of the Philippines
The Republic appeals the Decision dated September 27, 2002 rendered by the Municipal Trial Court of San Pablo City, in LRC No. 007, the dispositive portion of which reads:...
Promulgated on 2004-10-28

110. CA GR SP 64594: Cathay Land., Inc., et al vs. Hon. alberto Lerma, et al
Before us is a petition for certiorari in which the petitioners, a real estate developer and its officers, seek to nullify a trial-court order denying a motion to dismiss a complaint filed against them by the buyer of a townhouse unit in their condominium...
Promulgated on 2004-10-28

111. CA GR CV 73462: Sps. Baldoz vs. Philippine Savings Bank
Before this Court is an appeal seeking to reverse and set aside the July 13, 1998 decision of the Regional Trial Court, Branch 21 of Malolos, Bulacan in Civil Case No. 196-M-97....
Promulgated on 2004-10-28

112. CA GR CR 27468: People vs. Jerry Jallorina
Before us on appeal, is the decision dated November 20, 20021 of the Regional Trial Court (RTC) (Branch 34) of Balaoan, La Union in Criminal Case No. 2593 finding appellant Jerry Jallorina guilty beyond reasonable doubt of the crime of homicide under...
Promulgated on 2004-10-28

113. CA GR CV 54365: Dr. Alendry Caviles, et al., vs. Tiaong Rural Bank, Inc.
For Our consideration is a Joint Motion dated 1 September 2004 praying that a judgment be rendered based on the Compromise Agreement signed and executed between Flora Potenciano Caviles and Tiaong Rural Bank, Inc....
Promulgated on 2004-10-28

114. CA GR SP 78807: Ruben Manlapig vs. Heirs of Carmela, et al
Before Us is a Petition for Review seeking to set aside the Decision dated 13 February 2003 of the Regional Trial Court of Malolos, Bulacan, Branch 84, in Civil Case No. 1070-M-992 which granted respondents' petition for settlement of estate...
Promulgated on 2004-10-28

115. CA GR SP 79665: Benito Taguba, et al vs. Roque Taguba
We hereby resolve the petition for review filed by petitioners Benito Taguba, Arcadia Taguba and Catalina T. Caranguian (petitioners) pursuant to Rule 42 of the Rules of Court to assail the Decision dated September 1, 2003 of the Regional Trial Court (RTC...
Promulgated on 2004-10-28

116. CA GR SP 70494: Asian Construction, vs. NLRC, et al
Through this special civil action for certiorari, the employer seeks to annul the decision promulgated on July 18, 2001 in NLRC NCR CA No. 018155-99 by the National Labor Relations Commission (NLRC), dismissing the its appeal and affirming the Labor Arbit...
Promulgated on 2004-10-28

117. CA GR SP 80530: Danilo Santos, et al vs. NLRC, et al
Before Us is a petition filed under Rule 65 of the Rules of Court assailing as having been rendered in abuse of discretion the twin resolutions of public respondent dated September 24, 2002 and September 30, 2003 on the matter of the correct computatio...
Promulgated on 2004-10-28

118. CA GR SP 80295: Anita Flores vs. Sps. Jesus Fajardo
Before this Court is a Petition for Review in accordance with Rule 42 of the 1997 Rules of Civil Procedure seeking to annul the Order dated December 10, 2002 of the Regional Trial Court, Branch 16, of Malolos, Bulacan (Rollo pp. 234-236) which, in the...
Promulgated on 2004-10-28

119. CA GR SP 4627: Saringan vs. Employees Compensation Commission, et al
Before us is a petition for review under Rule 43 of the 1997 Rules of Civil Procedure which seeks to nullify and set aside the decision of the Employees Compensation Commission (ECC for brevity) dated June 6, 2002 in ECC...
Promulgated on 2004-10-28

120. CA GR SP 75493: Teresita Saliganan vs. Hon. Judge Pacis, et al
Article 151 of the Family Code is very explicit that no suit between members of the same family shall prosper unless it should appear from the verified complaint or petition that earnest efforts toward a compromise have been made, but that the same have...
Promulgated on 2004-10-28

121. CA GR CV 68982: Sps. Filamer Alaestante vs. Andoy Faniker, et al
We hereby resolve the appeal filed pursuant to Rule 41 of the Rules of Court by the defendants-appellants Andoy Faniker, Sabina Chaloping, Tomas Focasan and Giwad Chomalsin from the July 28, 2000 Decision of the Regional Trial Court (RTC), Branch 25, Tab...
Promulgated on 2004-10-28

122. CA GR CV 56436: Sps. Hilario de Castro vs. Ponciano Perez, et al
Before us is an appeal from the Order dated January 6, 1997 of the Regional Trial Court, Quezon City, Branch 104, in Civil Case No. Q-94-20387, the dispositive portion of which reads:...
Promulgated on 2004-10-28

123. CA GR CV 27232: Alfeo Alano, vs. People
Under review is the Decision of the Regional Trial Court, Branch 9, Balayan Batangas, in Criminal Case No. 5075 dated November 20, 2002....
Promulgated on 2004-10-28

124. CA GR SP 77926: Land Bank of the Phil., vs. Cenon Buencamino
This is a petition for review seeking the reversal of the Decision1 dated March 31, 2003 of the Regional Trial Court, Branch 33, of Guimba, Nueva Ecija, sitting as a Special Agrarian Court in Agrarian Case Nos. 1178-1183-G, entitled Cenon Buencamino, rep...
Promulgated on 2004-10-28

125. CA GR SP 73600: Sps. George Cofreros, et al vs. Hon. Severino de Castro, et al
Assailed in this Petition for Certiorari are the Orders dated 20 August 2002 and 4 October 2002 of the Regional Trial Court of Quezon City, Branch 82, denying petitioners' prayer for the issuance of a writ of preliminary injunction...
Promulgated on 2004-10-28

126. CA GR SP 72769: Barangka Credit Coop., vs. Tejada
The family home cannot be seized by creditors except in certain special cases. We apply this principle in the instant Petition for Review impugning the Decision dated 23 April 2002 and the Order dated 27 August 2002 of the Regional Trial Court of Marikina...
Promulgated on 2004-10-28

127. CA GR SP 80584: Asian Construction vs. Hon Luna II, et al
Before Us is a petition for certiorari under Rule 65 of the Rules of Civil Procedure with an application for the issuance of temporary restraining order and/or writ of preliminary injunction. It seeks to nullify the Orders, dated September 9, 20031 and Oc...
Promulgated on 2004-10-28

128. CA GR CV 69944: Sps. Jesus Bernarte vs. Planters Development Bank, et al,
Before Us are the appeals taken by the Planters Development Bank, Inc. (or Planters Bank hereafter), the spouses Abelardo (or Dizon) and Praxides Dizon, and the spouses Ramon and Gloria Rivera (or Riveras) from the Decision of the Regional Trial Court of...
Promulgated on 2004-10-28

129. CA GR CV 65742: Heirs of Cipriano Cosico, vs. Republic
This is an appeal by the Republic of the Philippines from the decision dated 17 May 1999 of the Regional Trial Court of Calamba, Laguna, Branch 92 in Civil Case No. 1522-96-C, granting the petition for reconstitution of TCT No. T-4605 filed by the heirs...
Promulgated on 2004-10-28

130. CA GR SP 84595: D. M. Consunji vs. NLRC, et al
In this Petition for Certiorari under Rule 65 of the 1997 Rules of Civil Procedure, petitioner DM Consunji, Inc. seeks to nullify the 07 May 2003 Decision of the National Labor Relations Commission in NLRC-NCR CA No. 030113-01, affirming in toto the 08...
Promulgated on 2004-10-28

131. CA GR SP 75058: SERGIO VILLARAMA, et al., vs. NLRC, et al
Before Us for resolution is a motion for reconsideration filed by herein petitioners on Our decision promulgated on July 20, 2004 denying due course to their petition....
Promulgated on 2004-10-28

132. CA GR SP 63312: People vs. Judge Fatima Asdala, et al
Impugned in this petition for certiorari, as tainted with grave abuse of discretion, amounting to lack or excess of jurisdiction, are: (1) The Order of the Regional Trial Court of Olongapo City, Branch 74, in Criminal Case No. 274-99 entitled People of...
Promulgated on 2004-10-28

133. CA GR SP 82237: Rommel Oregas, et al vs. NLRC, et al
Impugned in this petition for certiorari, as tainted with grave abuse of discretion, amounting to lack or excess of jurisdiction are: (1) The Resolution1 of the National Labor Relations Commission (NLRC), dated August 25, 2003; NLRC NCR CA No. 028616-0...
Promulgated on 2004-10-28

134. CA GR SP 75796: Dr. Thelma Leal, et al vs. Paul Van Parus, et al
Assailed in this petition for certiorari, as tainted with grave abuse of discretion amounting to lack or excess of jurisdiction, are: (1) The Resolution dated June 30, 20001 of the National Labor Relations Commission (or NLRC), in NLRC NCR CA No. 019121-9...
Promulgated on 2004-10-28

135. CA GR CR 27145: Abracia vs. Hon. Emma Torio, et al
Appeal by way of petition for review from the Joint Decision dated September 30, 2002 of the Regional Trial Court, Dagupan City, Branch 41, in Criminal Cases Nos. 02-0145-D, 02-0146-D, 02-0147-D, 02-0148-D, 02-0149-D and 02-0150-D, which modified the D...
Promulgated on 2004-10-28

136. CA GR CV 80415: Gayren Maintenance vs. Alberto Carijutan
GAYREN MAINTENANCE SERVICES CORPORATION, a corporation duly organized and existing under the laws of the Philippines with postal address at No. 7498 Bagtikan Street, San Antonio Village, Makati City represented by its President/CEO RENAN B. ROBLES, a co...
Promulgated on 2004-10-28

137. CA GR SP 57444: Sps. Hermie Villapando, vs. New Sunshine Lending
This Petition was originally filed with the Supreme Court under Rule 45 of the Revised Rules of Civil Procedure in relation to Rule 41 which refers to cases which may or may not be appealed from. The Honorable Supreme Court subsequently referred the case...
Promulgated on 2004-10-28

138. CA GR SP 85065: Tirazona vs. Philippine-Eds Techno Service
This pertains to the Petition for Certiorari filed by petitioner through counsel on 16 August 2004. Without necessarily giving due course to the instant petition, private respondents are hereby directed to file comment (not a motion to dismiss) on the...
Promulgated on 2004-10-28

139. CA GR SP 78787: Zosima Cabailo, et al., vs. Eufemio Jardinero
This is a petition for review under Rule 42 of the New Rules assailing the Decision of the Regional Trial Court reversing the 1st Municipal Circuit Trial Court and rendering a new one, thus:...
Promulgated on 2004-10-28

140. CA GR SP 83636: Ernesto Fajardo vs. NLRC, et al
Before us for review in this petition for certiorari are the following issuances of public respondent National Labor Relations Commission (NLRC): (a) decision dated November 24, 20031 modifying the decision dated June 28, 20022 of Labor Arbiter Ramon Vale...
Promulgated on 2004-10-28

141. CA GR SP 62393: JESIA J. ESGUERRA, vs. ENRICO M. BARRERA
This is a Petition for Review on Certiorari under Rule 42 of the 1997 Rules of Civil Procedure filed by Jesia J. Esguerra (Esguerra) seeking to reverse and set aside the Decision of the Regional Trial Court Branch 32 of San Pablo City (RTC Branch 32) dat...
Promulgated on 2004-10-28

142. CA GR CR 27579: People vs. Benjamin Castillo
On appeal is the decision dated July 7, 2003, of the Regional Trial Court of Caloocan City, Branch 127 in Criminal Case No. 66387 which convicted accused-appellant Benjamin Castillo y Naga of violating Section 11, Art. II, of the Comprehensive Dangerous...
Promulgated on 2004-10-28

143. CA GR CV 78361: Super Diamond Shiping vs. Mayor Aristeo Atienza, et al
This is an appeal from the Decision dated January 31, 2003 of the Regional Trial Court, Branch 39, Calapan, Oriental Mindoro in Civil Case No. R-5075, the dispositive portion of which reads:...
Promulgated on 2004-10-28

144. CA GR CV 67021: Valerio vs. Roberto Elinzano
This is an appeal from the Decision dated January 12, 2000 of Branch 68, Regional Trial Court, Camiling, Tarlac in Civil Case No. 99-09 for Recovery of Possession with Damages, disposing in this wise:...
Promulgated on 2004-10-28

145. CA GR CV 77453: Juanito Saldito et al vs. Ramon Saldito, et al
The reversal of the Decision of the Regional Trial Court of Valenzuela City, Branch 172 promulgated on October 29, 2002 in Civil Case No. 5446-V-97 entitled Juanito M. Saldito, Leon Jose M. Saldito, Demetria M. Saldito and Estate of Alfredo Saldito vs. Ra...
Promulgated on 2004-10-28

146. CA GR CV 75586: Cecilio San Miguel vs. Dr. Jose Oreta, et al
This is an appeal from the decision dated April 29, 2002 of the Regional Trial Court, Branch 266, Pasig City, in Civil Case No. 66899, entitled Cecilio San Miguel vs. Dr. Jose F. Oreta and the Register of Deeds of Pasig City for Annulment of Deed of Sale...
Promulgated on 2004-10-28

147. CA GR SP 80023: Delamrine Corp., vs. The NLRC Commissioners, et al
The validity of an employee s dismissal is in question in this special civil action for certiorari filed by the employer who seeks reversal of both the Labor Arbiter s and the NLRC s decision, which both ordered it to:...
Promulgated on 2004-10-28

148. CA GR SP 85623: Sindophil vs. Hon. Presiding Judge, et al
BEFORE US is a Motion to Admit Late Filing of Petition dated 09 August 2004 filed by counsel for petitioner on 10 August 2004. A perusal of the records of the instant petition shows the following defects to wit:...
Promulgated on 2004-10-28

149. CA GR SP 75385: Jaime Lacdan, et al vs. Heirs of Sps. Vicente Ylagan and Dalmacia Ylagan
This is a Petition for Review from the Decision dated January 23, 2003 of the Regional Trial Court, Branch 41, Pinamalayan, Oriental Mindoro, in Civil Case No. R-1760-02, affirming the Decision dated June 28, 2002 of the Municipal Trial Court of Bongabong...
Promulgated on 2004-10-28

150. CA GR SP 84442: Lanting Wacthman, vs. NLRC, et al
This pertains to the Petition for Certiorari with prayer for issuance of temporary restraining order and/or writ of preliminary injunction filed on June 10, 2004, seeking to annul and set aside the Resolution dated November 20, 2003 of the respondent Na...
Promulgated on 2004-10-28

151. CA GR CV 80397: Sps. Rufino Alorro vs. Philtranco Service, et al
Philtranco Service Enterprises, Inc. (Philtranco) seeks to reverse and set aside the decision of the Regional Trial Court of Makati City, Branch 134 in Civil Case 96-3978, which adjudged it liable for damages resulting from breach of contract of carriage...
Promulgated on 2004-10-28

152. CA GR SP 81049: NFD International Manning Agents vs. NLRC, et al
Every workman brings with him to his employment certain infirmities, and while the employer is not the insurer of the health of his employees, he takes them as he finds them, and assumes the risk of having a weakened condition aggravated by some injury wh...
Promulgated on 2004-10-28

153. CA GR CV 73304: Peoples Telvision vs. Cable Box
On appeal is the Decision1 of the Regional Trial Court of Quezon City dated 20 November 2001, the dispositive portion of which reads:...
Promulgated on 2004-10-28

154. CA GR SP 73107: PEDRO S. LACSA, vs. AMLAC DEVELOPMENT
This is a Petition for Review under Rule 43 of the 1997 Rules of Civil Procedure that seeks to reverse the Decision of the Securities and Exchange Commission (SEC, for brevity) En Banc dated August 20, 2002. The said decision affirmed the decision dated...
Promulgated on 2004-10-28

155. CA GR SP 79486: Fil-Estate Properties, vs. Sandel Lending, et al
Before this Court is a Petition for Review under Rule 43 of the Rules of Court seeking the judicial review of the 25 March 2003 Resolution and 20 August 2003 Order of the Office of the President in O.P. Case No. 001-A-9322 entitled Sandel Lending & Inve...
Promulgated on 2004-10-28

156. CA GR CV 61000: Callanta vs. Tomas Carreon
This resolves appellant s Motion for Reconsideration of Our Decision promulgated on July 16, 2004....
Promulgated on 2004-10-28

157. CA GR SP 75664: Jean Gamboa, vs. NLRC, et al
Once again, a case of alleged illegal dismissal is submitted for this Court s resolution. By way of the present petition for certiorari under Rule 65 of the Rules of Court, petitioner seeks to annul and set aside the Decision1 dated May 29, 2002 and Orde...
Promulgated on 2004-10-28

158. CA GR SP 71906: The Phil. Home Cable vs. Joselito Orlina, et al
Assailed in this petition for certiorari are the public respondent Voluntary Arbitrator s: (1) Decision1 directing petitioner Philippine Home Cable Holdings, Inc. (PHCHI) to reinstate, and pay the money claims of, private respondent Joselito B. Orlina, a...
Promulgated on 2004-10-28

159. CA GR SP 75944: ROBERTO P. Nazareno et al., vs. ATTY. VICTORIA V. LOANZON,
At bar is a petition for review under Rule 43 of the 1997 Rules of Civil Procedure to annul and set aside Resolution Nos. 02-1103 and 03-0065 of the Civil Service Commission issued on August 20, 2002 and January 20, 2003, respectively....
Promulgated on 2004-10-28

160. CA GR CV 75843: Bank of Commerce vs. Gil Miguel T. Puyat
UP for Our review is a judgment in an action for sum of money initiated by plaintiff-appellee Bank of Commerce against defendantappellant Gil Miguel T. Puyat....
Promulgated on 2004-10-28

161. CA GR SP 73099: NERIO ABINION, vs. FAUSTO LLENA, et al
This is a Petition for Review under Rule 42 of the 1997 Revised Rules of Civil Procedure that seeks to reverse the decision dated June 13, 2002 of the Regional Trial Court of Legazpi City, Albay, Branch 5 in a case for ejectment. Said decision affirmed t...
Promulgated on 2004-10-28

162. CA GR SP 81035: Nenita Crisostomo vs. Victoria Gabriel
Before Us is a motion for reconsideration filed by petitioner through counsel on 19 August 2004, seeking for the reconsideration of the Decision dated 30 July 2004, the text of which reads:...
Promulgated on 2004-10-28

163. CA GR SP 86143: Anita Lazaro vs. Leonida Gimeno, et al
A perusal of the petition and its annexes indicates that: 1. Payment of the docket and other lawful fees is short by P2,830.00;...
Promulgated on 2004-10-28

164. CA GR SP 69930: Polystyrene Manufacturing vs. Hon. Guillen, et al
Before Us is a Motion to Dismiss, filed by herein petitioner, alleging that since its prayer for a writ of preliminary injunction was not granted by this Honorable Court, prompting the respondent judge to continue with the Pre-Trial conference sought to...
Promulgated on 2004-10-28

165. CA GR CV 79061: Edwin Du vs. Lourdes Du
On 11 November 2003, a Resolution was issued by this Court, the text of which reads: The Court RESOLVED to:...
Promulgated on 2004-10-28

166. CA GR CV 55501: Soledad Canon, et al vs. Dionesa Daa, et al
Before Us is a motion for reconsideration filed by defendantappellants on 27 August 2003, seeking for the reconsideration of the Decision dated 30 July 2003, the decretal portion of which reads:...
Promulgated on 2004-10-28

167. CA GR CR 26514: Leonardo Layao, et al, vs. People
Before Us is the Motion for Reconsideration filed by petitioners through counsel seeking for the reconsideration of the Decision dated 28 July 2003, the decretal portion of which reads:...
Promulgated on 2004-10-28

168. CA GR SP 72955: Penafrancia Sugar Mill, et al vs. NLRC, et al
This pertains to the Motion for Reconsideration With Prayer for a Status Quo Order filed by the petitioner via registered mail on August 25, 2003, seeking for reconsideration of the Decision dated July 31 2003 of this Court, the dispositive portion of...
Promulgated on 2004-10-28

169. CA GR SP 83780: RIZAL GOLDEN, vs. HON. JUDGE BRICCIO C. YGANA, et al
Conformably with Our resolution of 15 September 2004, petitioner filed on 27 September 2004 its COMPLIANCE attaching therewith a certified true copy of the judgment rendered by the Regional Trial Court, Branch 153, Pasig City on 26 July 2004 and the orig...
Promulgated on 2004-10-28

170. CA GR SP 73771: Italit Construction vs. NLRC, et al
Before Us is a motion for reconsideration filed by private respondent through counsel on 25 August 2003, seeking for the reconsideration of the Decision dated 30 July 2003, the decretal portion of which reads:...
Promulgated on 2004-10-28

171. CA GR SP 79932: Angeline Mercado Guecodabu vs. Hon. Adriano, et al
This pertains to the motion for reconsideration filed by counsel for private respondents on 25 August 2004, seeking for the reconsideration of the Decision dated 30 July 2004, the decretal portion of which reads:...
Promulgated on 2004-10-28

172. CA GR CV 78764: People et al., vs. Ricardo Dizon
This is an appeal from the Decision dated March 17, 2003 of the Regional Trial Court of Quezon City, Branch 104 in Criminal Case No. Q-00-90489, which ordered the accused-appellant to pay the contributions for Social Security System (SSS), Medicare......
Promulgated on 2004-10-27

173. CA GR CV 59358: Manila Electric vs. Rita Ong
This is an appeal from the civil aspect of the Decision1 of the Regional Trial Court, Branch 37, Manila promulgated on October 6, 1997 in Criminal Case No 91-97382 for Violation of Presidential Decree No. 401, As Amended dismissing the Information dated...
Promulgated on 2004-10-27

174. CA GR CR 26613: Antonio Poblete, vs. Sps. Bernadette Alvarez-Ambunan
Absent the testimony of a putative witness who officially issued a Sheriff s Return, may an accused nevertheless be held liable for the contemptuous act of disobeying the lawful order and processes of the court?...
Promulgated on 2004-10-27

175. CA GR SP 68220: Eleanor Ambas vs. Secretary of Labor, et al
On March 13, 1996, the Association of Employees and Faculty of Letran (or Union) filed before the Department of Labor and Employment (or DOLE), National Conciliation and Mediation Board (or NCMB), a notice of strike against Colegio de San Juan de Letran...
Promulgated on 2004-10-27

176. CA GR CR 26403: Jaime Samonte, vs. People et al
Impugned in this petition for review under Rule 42 of the Rules of Court are the : (1) Decision1 dated September 27, 2001 of the Regional Trial Court (RTC), Branch 51, Manila in Crim. Case No. 99-170220, affirming the Decision of the Metropolitan Trial...
Promulgated on 2004-10-27

177. CA GR SP 82565: Lorna Tan vs. SSS, et al
This is a petition for review pursuant to Rule 43 of the 1997 Rules of Court, which seeks to reverse and set aside the Decision dated January 22, 2004 of the Employees Compensation Commission (ECC) denying petitioner?s claim for death benefits under PD 6...
Promulgated on 2004-10-27

178. CA GR CV 76110: Hermano Oil Mfg. & Sugar Corp. vs. Toll Regulatory Board, et al.
This is an appeal from the Order dated March 6, 2002 (Records, pp. 78-79) of the Regional Trial Court of Malolos, Bulacan, Branch 7, in Civil Case No. 37-M-2002 for Specific Performance with Preliminary Injunction/Temporary Restraining Order, Easement of...
Promulgated on 2004-10-27

179. CA GR SP 71271: Philippines Air Lines, Inc., vs. The Hon. NLRC, et al
Separated from her employment because of a permanent disability, private respondent Epifania B. Fernandez claims her retirement benefits from her former employer, petitioner Philippine Airlines, Inc....
Promulgated on 2004-10-27

180. CA GR SP 73641: Steel Corp. of the Phil. vs. The Hon. Secretary of Labor, et al
Before this Court is a Petition for Certiorari under Rule 65 of the 1997 Revised Rules of Civil Procedure questioning the decision of the Secretary of Labor, the decretal portion of which reads:...
Promulgated on 2004-10-27

181. CA GR CV 61855: Tai Hong Development, et al vs. Republic of the Philippines
On appeal is the Joint Decision1 dated August 19, 1998 of the Regional Trial Court, Branch 1, Balanga, Bataan in LRC Cases Nos. N-367 and N-368, both entitled Application for Land Registration, Tai Hong Development and Construction Corporation, Inc., rep...
Promulgated on 2004-10-27

182. CA GR SP 82064: Filipinas (Prefab Building), et al vs. N;RC, et al
In this special civil action for certiorari, petitioners Filipinas (Prefab Building) Systems, Inc. and Felipe A. Cruz, Jr. seek the reversal of the following issuances of public respondent National Labor Relations Commission (NLRC) in NLRC Case No. 03431...
Promulgated on 2004-10-27

183. CA GR SP 80743: MMDA & Hon. Fernando vs. Hon. Fatima Asdala, et al
In this Petition for Certiorari under Rule 65 of the 1997 Rules of Civil Procedure, petitioners seek the nullity of three (3) issuances of respondent Honorable Judge Fatima Gonzales-Asdala in Civil Case No. Q-03-50404, to...
Promulgated on 2004-10-27

184. CA GR CV 81116: Meycauyan-Valenzuela, vs. Ever Memorial Co.
Per report by the Judicial Records Division that no Appellant s Brief was filed as of October 12, 2004 despite receipt by plaintiff-appellant s counsel of the Notice to File Brief on July 20, 2004 (see attached Registry Return Card on p. 11, Rollo) requi...
Promulgated on 2004-10-27

185. CA GR SP 72536: China Banking vs. NLRC, et al
Assailed in this Petition for Certiorari, as tainted with grave abuse of discretion, amounting to lack or excess of jurisdiction, are (1) The Order dated September 3, 1998 of Labor Arbiter Manuel M. Manansala in NLRCNCR- Case No. 00-01-00558-96; (2) His...
Promulgated on 2004-10-27

186. CA GR SP 77397: University Plans, vs. NLRC, et al
Assailed in the present petition for certiorari are: (1) the Resolution dated April 5, 2001, denying petitioner s motion to reduce bond, and (2) the Resolution dated March 21, 2003, denying petitioner s motion for reconsideration, both of the...
Promulgated on 2004-10-27

187. CA GR SP 54194: DESIREE D. ATIENZA, et al vs. NLRC, et al
It is foremost worth noting what the Supreme Court propounded through Justice Renato C. Corona in JMM Promotions and Management, Inc. v. Court of Appeals, et. al., to wit:...
Promulgated on 2004-10-27

188. CA GR SP 85731: AIC Realty Corp., et al., vs. Sps. Danilo Labao
No such petition for review having been filed as of date hereof despite the extension of time given the petitioners within which to do so, the above-entitled case is hereby deemed ABANDONED and accordingly DISMISSED....
Promulgated on 2004-10-27

189. CA GR CV 70616: Jose Josefa, et al vs. Republic of the Philippines
Before us is the appeal filed by oppositor-appellant Republic of the Philippines (Republic) from the Decision dated August 30, 2000 of Branch 74 of the Municipal Trial Court of Taguig, Metro Manila (the lower court) in LRC Case No. 211 (LRA Record No. N-...
Promulgated on 2004-10-27

190. CA GR CV 83162: Sheilla Aquisap vs. Philip Aquisap
This resolves the Urgent Motion to Withdraw Notice of Appeal1 filed by counsel for plaintiff-appellant dated 27 July 2004, praying for the withdrawal of Notice of Appeal....
Promulgated on 2004-10-27

191. CA GR CV 78700: Jethro Mallari, vs. Helen Agabao, et al
The duty imposed upon teachers with respect to the care of students is to act in a manner similar to that of a prudent or careful parent. This duty is premised on the special parental authority expressly entrusted to them by law....
Promulgated on 2004-10-27

192. CA GR SP 81595: Maalikaya Leisure Complex, et al., vs. NLRC, et al
In view of the retirement of Justice Sergio L. Pestano, this Petition for Certiorari was re-raffled to the ndersigned ponente as part of his initial caseload last 7 October 2004....
Promulgated on 2004-10-27

193. CA GR CV 65169: Jorge Torralba vs. Anselma Torralba, et al
The Republic of the Philippines, through the Office of the Solicitor General, interposes this appeal from the Decision dated July 30, 1999 of Branch 29, Regional Trial Court, Cabanatuan City in Civil Case No. 3488 which declared the marriage between Jor...
Promulgated on 2004-10-27

194. CA GR SP 73974: Joselito Boneo vs. NLRC, et al
Before Us is a motion for reconsideration filed by petitioner through counsel on 02 June 2004, seeking for the reconsideration of the Decision dated 30 April 2004, the decretal portion of which reads:...
Promulgated on 2004-10-27

195. CA GR SP 67564: Signet Distributors, et al vs. NLRC, et al
Petition for Certiorari, assailing the May 28, 2001 Decision of the NLRC in NLRC NCR CA No. 024095-00 (NLRC NCR-00-02-02184-99 (Roberto L. Arro, Complainant, versus Signet Distributors Inc. and Eduardo Barretto, Respondents), which reversed the December 1...
Promulgated on 2004-10-27

196. CA GR CV 72675: Lucila Montoya-Adona, vs. Republic of the Philippines
THIS is an appeal by the Republic of the Philippines, thru the Solicitor General, to reverse the Decision of the Regional Trial Court nullifying the marriage of petitioner-appellee Lucila Montoya-Adona and respondent Jesus Adona on the ground of psycholog...
Promulgated on 2004-10-27

197. CA GR SP 75763: CIGN Transport, Inc., Liberto Salandanan & Nerio Laino vs. NLRC, et al.
For resolution are these two special civil actions for certiorari, which were ordered consolidated by the Court's Eighth Division, in its Resolution, dated August 12, 2004, issued in CA-G.R. SP No. 75792....
Promulgated on 2004-10-27

198. CA GR SP 87025: JPSON in., et al vs. Thelma Villanueva, et al
The herein petition for certiorari assailing the Orders of public respondent Hon. Secretary of Department of Labor and Employment in Case No. NCROO-0103-IS-040 OS-LS-0312-2003-0053 (Thelma Villanueva/ Jocelyn Felix and Five (5) Others, Complainants-Appe...
Promulgated on 2004-10-27

199. CA GR SP 71630: Constantino vs. Hon. Ricafort, et al
Two orders issued by the lower court (RTC, Br. 260, Para?aque City) in the consolidated cases docketed therein as Civil Case No. 96- 050 and Spec. Proc. No. 96-0451, are assailed in this special civil action of certiorari and mandamus....
Promulgated on 2004-10-27

200. CA GR CR 27522: People vs. Diosdado Abarra
Accused-appellant Diosdado Abarra y Amasta, appeals from a judgment in Criminal Case No. L-5938 of the Regional Trial Court of Lingayen, Pangasinan, Branch 37, which found him guilty beyond reasonable doubt of the crime of Frustrated Homicide....
Promulgated on 2004-10-27

201. CA GR SP 72594: L.A. Construction Corp., vs. NLRC, et al
This is a Petition for Certiorari under Rule 65 of the 1997 Rules of Civil Procedure filed by petitioner L.A. Construction Corporation (LACC) seeking to set aside and annul the Decision of the National Labor Relations Commission, First...
Promulgated on 2004-10-27

202. CA GR SP 84196: Micronesia Manpower Resources vs. NLRC, et al
This is a Petition for Certiorari under Rule 65 of the Revised Rules of court with prayer for the issuance of a temporary restraining order and/or writ or preliminary injunction seeking to nullify and set aside the Resolutions dated December 30, 2003 and...
Promulgated on 2004-10-27

203. CA GR SP 83269: Congresswoman Vida Espinosa vs. MA. THERESA L. DELA TORREYADAO, et al
This is a special civil action for certiorari filed under Rule 65 of the revised Rules of Civil Procedure seeking to annul and set-aside the Order, dated, August 28, 2003, of public respondent Judge Ma. Theresa L. Dela Torre-Yadao, denying petitioner s...
Promulgated on 2004-10-27

204. CA GR CV 66997: Sps. Vito Mendoza vs. Cubao Plating
This is an ordinary appeal from the Order1 issued by the Regional Trial Court, Branch 274, Paranaque City on December 8, 1998 dismissing plaintiffs-appellants Complaint for Declaration of Nullity of Deed of Absolute Sale in Civil Case No. 98-0399 on the g...
Promulgated on 2004-10-27

205. CA GR CR 27413: People of the Philippines vs. PO3 Diosdado Palima y Concepcion
It appearing that the arguments raised by the accused-appellant in his Motion for Reconsideration are mere rehash of those which were already passed and ruled upon in the decision of this Court dated August 24, 2004, said motion is hereby DENIED....
Promulgated on 2004-10-27

206. CA GR SP 79403: Baguio GreenValley Condo. Corp. vs. Esla Land Developers
This is a Petition for Review under Rule 43 of the Revised Rules of Court seeking to nullify and set aside the decision dated May 29, 2003 and Order dated August 28, 2003 both issued by the Office of the President in O.P. Case No. 02-I-434...
Promulgated on 2004-10-27

207. CA GR CV 63800: Mina Francisco vs. Edgardo Caducio
The case is an appeal from the decision dated August 18, 1998 rendered by the Regional Trial Court of Las Pinas City, Branch 255, denying the Petition for Declaration of Nullity of Marriage filed by petitioner-appellant Mina Francisco-Caducio against her...
Promulgated on 2004-10-27

208. CA GR SP 78415: San Lorenzo Dev. Corp., vs. Hon. Stella Cabuco Andres, et al
In this petition for certiorari with prayer for temporary restraining order and/or preliminary injunction filed under Rule 65 of the 1997 Rules of Civil Procedure, San Lorenzo Development Corporation (SLDC) seeks to reverse, set aside and nullify the Ap...
Promulgated on 2004-10-27

209. CA GR SP 77587: A. de VEra Corp., vs. Hon. Alejo, et al
Before Us is a Motion for Reconsideration filed by counsel for petitioner on 01 July 2004, seeking for the reconsideration of the Decision dated 26 May 2004, the decretal portion of which reads:...
Promulgated on 2004-10-27

210. CA GR SP 79338: Nestor Ariego vs. NLRC, et al
Before Us is a Special Civil Action for Certiorari under Rule 65 of the 1997 Rules of Civil Procedure, petitioner assailing the Decision1 dated 29 November 2002 of public respondent and its Resolution2 dated 10 June 2003 denying his Motion for Reconsider...
Promulgated on 2004-10-27

211. CA GR CV 77713: The International Commercial Bank of China vs. Bernardito ng, et al
Defendant-appellant Bernardito C. Ang assails the decision of the Regional Trial Court, Branch 141, Makati City, declaring him jointly and severally liable together with Josephine M. Valdecantos for the unpaid money claims due to the plaintiff-appellee in...
Promulgated on 2004-10-27

212. CA GR CV 76567: Josephine Ong vs. Heirs f Filomeno Bullo
Defendant-appellants interpose this appeal under Rule 41 of the 1997 Rules of Civil Procedure assailing the Decision1 dated 22 October 2002 of Branch 30 of the Regional Trial Court (RTC) of Surigao City....
Promulgated on 2004-10-27

213. CA GR SP 82617: Sps. Pedro & Zenaida Tablada vs. Sps. Col. Pedro L. Lumbres & Rebecca Roaring
For failure to tender new matter of substance that could warrant the reversal or modification of this Court's decision dated August 31, 2004, the respondents' Motion for Reconsideration is hereby DENIED for lack of merit....
Promulgated on 2004-10-27

214. CA GR SP 69293: Veronica R. Tuangco vs. Hon. Novato T. Cajigal, et al.
Perusing the Motion For Reconsideration filed by petitioner, no new matter has been averred thereat to warrant the reversal or modification of our Decision promulgated on July 28, 2004....
Promulgated on 2004-10-27

215. CA GR SP 80081: Sps. Losloso vs. Sps. de la Cruz
This case is a petition for review of the July 1, 2003 Decision of the Regional Trial Court, Branch 74, Antipolo City (RTC), in SP Civil Case No. 02-227, reversing and setting aside the September 20, 2002 Order of the Municipal Trial Court in Cities (MTC...
Promulgated on 2004-10-26

216. CA GR CR 28055: People vs. FLORO ILAG
Considering the Judicial Records Division Verification Report dated 24 September 2004 that no appellant s brief was filed by accused-appellant s counsel within the prescribed period indicated in the notice (to file brief) dated 16 April 2004, despite accu...
Promulgated on 2004-10-26

217. CA GR CR 26447: People vs. Melegrito Paguirigan
On appeal before this Court is the July 3, 2001 Decision1 of the Regional Trial Court (RTC) of Pasay City, Branch 117, finding accusedappellant Melegrito Paguirigan guilty of the crime of theft and sentencing him to suffer an indeterminate penalty of impr...
Promulgated on 2004-10-26

218. CA GR CR 28103: People vs. Michael San Miguel, et al
Whether or not conspiracy is present between the two accused is the main issue submitted in this case, an appeal from the decision dated November 25, 2003 of Branch 66 of the Regional Trial Court (RTC) of Makati City, which convicted the accused of th...
Promulgated on 2004-10-26

219. CA GR SP 79705: SYKES ASIA, INC., vs. Hon. Rizalina T.C. Umali, et al
This is a Petition for Certiorari with application for Temporary Restraining Order/Injunction filed by petitioner, Sykes Asia, Inc. under Rule 65 of the 1997 Revised Rules of Civil Procedure seeking to reverse and set aside the Order1 of the Regional Tri...
Promulgated on 2004-10-26

220. CA GR SP 79438: Willy Lopez vs. Hon. Simeon Datumanong, et al
Before this Court is a Petition for Certiorari, Prohibition and Mandamus with Prayer for Temporary Restraining Order and/or Writ of Preliminary Injunction under Rule 65 of the Rules of Court assailing two (2) Resolutions of the Department of Justice (DOJ)...
Promulgated on 2004-10-26

221. CA GR SP 82122: RAQUEL C. CATORCE vs NLRC, MP MAGDALENA PAWNSHOP/ JOSEPH D. CASTELAR
Impugned in this petition for certiorari, as tainted with grave abuse of discretion, amounting to lack or excess of jurisdictions are: (1) The Decision of the National Labor Relations Commission (NLRC)dated October 22, 2003, in NLRC NCR CA No. 033900-0...
Promulgated on 2004-10-26

222. CA GR SP 75943: Moldex Realty, Inc., vs. Magpayo
This appeal by way of petition for review seeks to reverse or overturn the Decision of public respondent Office of the President, dated September 16, 2002; and its Resolution dated February 28, 2003, on grounds of grave misapprehension of facts and gra...
Promulgated on 2004-10-26

223. CA GR SP 80610: Emerlinda Sta. Rita, vs. NLRC, et al
Assailed in this petition for certiorari, as tainted with grave abuse of discretion amounting to lack or excess of jurisdiction, are: (1) The Decision dated May 26, 20031 of the National Labor Relations Commission, in NLRC-NCR-CA No. 032917-02, which r...
Promulgated on 2004-10-26

224. CA GR CR 27375: People vs. PO3 Clarito Pasion
This case is an appeal from the March 31, 2003 Amended Decision of the Regional Trial Court, Branch 13, Laoag City in Criminal Case No. 8094-13 convicting accused-appellant of Malversation of Public Property and sentencing him to suffer the indeterminat...
Promulgated on 2004-10-26

225. CA GR CV 65582: Candida Costes, et al vs. Florentino Aquino, et al
At bar is an appeal filed by defendants-appellants from the October 7, 1999 Decision of the Regional Trial Court, Branch 46, Urdaneta City, in Civil Case No. U-5779, an action for recovery of possession and ownership, annulment of documents and damages...
Promulgated on 2004-10-26

226. CA GR CV 55387: Luzviminda Argel vs. Oscar Argel, et al
This is an appeal from the Decision1 rendered by the Regional Trial Court of Batac, Ilocos Norte, Branch 17, on August 6, 1996 granting the petition for declaration of nullity of marriage between plaintiff Luzviminda Pante Argel and defendant Oscar Argel...
Promulgated on 2004-10-26

227. CA GR CV 62719: Jose Paras, Jr., vs. Republic of the Philippines, et al
Before us is the appeal filed by the Republic of the Philippines from the decision dated February 23, 1999 of the Regional Trial Court of Makati, Branch 140, in Civil Case No. 98-243. The dispositive portion of this decision reads:...
Promulgated on 2004-10-26

228. CA GR SP 71908: MAXIMINO M. DIMAYUGA, et al., vs. Sps. Amando Sanchez, et al
Before Us is a Petition for Certiorari, assailing the Orders, dated October 26, 2001 [Rollo, p. 72] and May 22, 2002 [Rollo, p. 88],issued by Branch 83 of the Regional Trial Court of Tanauan City, Batangas, which denied the Motion to Dismiss [Rollo, p. 46...
Promulgated on 2004-10-26

229. CA GR CR 21877: People vs. ARNOLD STA. CATALINA
This is an appeal from the Decision of the Regional Trial Court, Branch 63, Makati City, dated March 11, 1997 (not from the August 24, 1994 Decision as erroneously alleged), finding Arnold Sta. Catalina guilty beyond reasonable doubt of the crime of estaf...
Promulgated on 2004-10-26

230. CA GR SP 85304: Sps. Rene MATIENZO, vs. HON. JUDGE LUISITO Sardillo, et al
The Decision, dated July 4, 2003, rendered by the Court a quo, through Presiding Judge Victoria Isabel Paredes, in Civil Case No. C-17725 for Recovery of Possession and/or Ownership of Real Property. The dispositive portion of the assailed Decision reads...
Promulgated on 2004-10-26

231. CA GR CR 21275: People vs. Mauel Isip, et al
For the alleged misappropriation of the jewelry of Leonardo A. Jose (or complainant), Manuel S. Isip (or Manuel) was indicted for estafa before the Regional Trial Court of Cavite City (Branch XVII), docketed as Crim. Case No. 136-84, purportedly committe...
Promulgated on 2004-10-26

232. CA GR SP 86932: Mother Kenneth M. Estanislao vs. Mary Ann Estanislao, et al.
Before us is a verified petition for habeas corpus filed by the petitioner, Kenneth M. Estanislao, to recover custody of her son, Tyron M. Estanislao, a minor, from the latter's paternal grandmother Mrs. Jean Reyes and aunt Mary Ann Estanislao, herein re...
Promulgated on 2004-10-26

233. CA GR CV 62929: Antonio P. Acyatan vs. Sps. Mariano and Emeliana Maano
Assailed in this appeal is the Order dated September 1, 1994 issued by the Regional Trial Court of Lucena City, Branch 60, in Civil Case No. 90- 50,1 the decretal portion of which states:...
Promulgated on 2004-10-26

234. CA GR CV 81617: Amelia P. Ramirez, et al., vs. Republic of the Philippines
Acting on the motion to withdraw appeal filed by the Republic, through the Office of the Solicitor General, and finding it to be in order, the same is hereby GRANTED....
Promulgated on 2004-10-26

235. CA GR SP 76116: E. Daquiz, et al. vs. Hon. Divina Luz P. Aquino-Simbulan, et al.
Assailed in this petition for certiorari under Rule 65 of the Revised Rules of Court are the decision dated December 27, 2002 rendered by public respondent Divina Luz P. Aquino-Simbulan, as the Presiding Judge of the Regional Trial Court of San Fernand...
Promulgated on 2004-10-26

236. CA GR CV 80212: Atlantic Merchandising vs. del Rosario, et al
Per report of the Judicial Records Division dated October 4, 2004, no appellants? brief was filed within the authorized period as per docket book entry. In view thereof, the present appeal is hereby deemed ABANDONED and accordingly DISMISSED pursuant t...
Promulgated on 2004-10-26

237. CA GR CV 69206: Romeo Napiza vs. Rudy Ampeloquio, Sr
On appeal before us is the Decision dated 05 April 1999 of the Regional Trial Court, Branch 27, Sta. Cruz, Laguna, in Civil Case No. SC- 3294, for Specific Performance and Damages....
Promulgated on 2004-10-26

238. CA GR SP 78801: SSS Shellane et al. vs. NLRC and Ernesto Calma
In this Petition, SSS Shellane and Alice Uy Sim (petitioners) seek the nullity of the 31 July 2003 Decision1 of the National Labor Relations Commission in NLRC CA No. 034840-03, affirming in toto the 20 January 2003 Decision2 of Labor Arbiter Florentino R...
Promulgated on 2004-10-26

239. CA GR CV 75525: Edgar Zafra vs. Jennifer Suyo, et al
IN annulment cases involving psychological incapacity, the expert testimony of a physician or psychologist, while valuable, is not vital when the totality of evidence presented suffice to prove the psychological incapacity of one spouse. Psychological i...
Promulgated on 2004-10-26

240. CA GR CV 70415: Teresita Cordoves vda de Mantilla, et al vs. Monica Pajal, et al
Prefatorily, this case was earlier deemed submitted for decision on May 29, 2003 before the then Fourteenth Division of this Court. On April 20, 2004, the same was unloaded to the present Division as part of its initial caseload....
Promulgated on 2004-10-26

241. CA GR CV 73398: Dr. Jaime Flores vs. Jannete Paule
THIS is an appeal from a Decision of the Regional Trial Court in Guagua, Pampanga nullifying the marriage of petitioner-appellee, Dr. Jaime Flores, and respondent-appellant Jannette Paule on the ground of vitiated consent....
Promulgated on 2004-10-26

242. CA GR SP 83215: Gloria Paje, et al., vs. NLRC, et al
This is a Petition for Certiorari under Rule 65 of the 1997 Rules of Civil Procedure, as amended, which seeks to set aside the Resolutions dated January 11, 2002 and December 23, 2003 issued by the National Labor Relations Commission (hereafter NLRC) in...
Promulgated on 2004-10-25

243. CA GR CR 26461: People vs. Jacinto Ramos
Before Us is an Appeal1 from the Decision dated April 11, 2002 and the Order dated June 26, 2002, both of the Regional Trial Court of Pasay City, Branch 231, in Criminal Case No. 99-1450, convicting Accused-Appellant Jacinto Ramos y Mateo of Robbery and...
Promulgated on 2004-10-25

244. CA GR SP 81828: Trinidad vs. de Rosimo vs. Bernardo Rivera, et al
For failure of petitioner to file the intended petition within the extended period given her, and even up to now, the appeal is deemed abandoned and this case is terminated....
Promulgated on 2004-10-25

245. CA GR SP 70424: Jacinto Press Coat vs. Hon. Winlove Dumayas, et al
When a strict and literal application of the rules on nonforum shopping and verification will result in a patent denial of substantial justice, they may be liberally construed....
Promulgated on 2004-10-25

246. CA GR CV 61978: Lagumen, et al, vs. Quiel Britanico, et al
Sale is a consensual contract and he who alleges it must show its existence by competent proof....
Promulgated on 2004-10-25

247. CA GR CV 68262: Peoples Trans-East vs. China Banking
On appeal by plaintiff is the Order1 of the Regional Trial Court of Tuguegarao, Cagayan dated 19 July 2000 dismissing its complaint for damages....
Promulgated on 2004-10-25

248. CA GR CV 67640: Marcelina Espino, et al vs. Sps. Ricardo and Emma Vicente
This is an appeal from the decision of the Regional Trial Court, Branch 19, Malolos, Bulacan, the dispositive portion of which reads:...
Promulgated on 2004-10-25

249. CA GR SP 80505: Peter Emnace vs. Kathleene Adrade
Considering that petitioner, aside from manifesting that petitioner and respondent have threshed out their differences and drawn up a compromise agreement has failed to file a copy of said compromise agreement despite the lapse of the ten-day period count...
Promulgated on 2004-10-25

250. CA GR SP 71648: Pepsi Cola Products et al vs. NLRC, et al
Challenged in the instant petition for certiorari under Rule 65 of the 1997 Rules of Civil Procedure are the Decision and Resolution of the National Labor Relations Commission (NLRC), dated January 31, 2002, and March 26, 2002, respectively, in NLRC NCR...
Promulgated on 2004-10-25

251. CA GR CV 53588: Buencamino Cruz vs. R.P.
This is an appeal filed by the oppositor-appellant Republic of the Philippines, through the Office of the Solicitor General (OSG) questioning the April 10, 1996 Decision (Rollo, pp. 45-47) of the Regional Trial Court, of Bacoor, Cavite, Branch 89,...
Promulgated on 2004-10-25

252. CA GR CV 65852: China Banking Corp., vs. Nathaniel Solis
Before us is an appeal from the Order1 dated June 7, 1999 of the Regional Trial Court of Makati City, Branch 56, denying defendantappellant?s motion to set the case for hearing (to prosecute his counterclaim) in Civil Case No. 96-637 for replevin and d...
Promulgated on 2004-10-25

253. CA GR CV 73282: Pascual Lorena vs. Pacencia Lorena
A right of way is a privilege constituted by covenant or granted by law to a person or class of persons to pass over another s property when his tenement is surrounded by realties...
Promulgated on 2004-10-25

254. CA GR SP 69031: Heirs of Avelino Miranda vs. Demetrio Miranda, et al
Challenged in this petition for review filed pursuant to Rule 43 of the 1997 Rules of Civil Procedure is the October 2, 2000 Decision issued by the Department of Agrarian Reform Adjudication Board (DARAB) in DARAB Case No. 3220,1 the decretal portion o...
Promulgated on 2004-10-25

255. CA GR CV 66781: Apac Marketing Corp., vs. Magna REady Mix, et al
This is an appeal from the February 14, 2000 decision of the Regional Trial Court of Quezon City, Branch 219, in Civil Case No. Q-99-37989, for sum of money,1 the decretal portion of which reads...
Promulgated on 2004-10-25

256. CA GR SP 67802: SOLIMAN SECURITY SERVICES, et al., vs. NLRC, et al
Petition for Certiorari under Rule 65 of the Rules of Civil Procedure assailing, on the ground of grave abuse of discretion amounting to lack or excess of jurisdiction, the Resolution promulgated on January 4, 200l by the National Labor Relations Commiss...
Promulgated on 2004-10-25

257. CA GR SP 84082: LESTER C. RIVERA, vs. HON. ALBERTO L. LERMA, et al
Petition for Certiorari under Rule 65 of the Rules of Civil Procedure assailing, on the ground of grave abuse of discretion, the Order1 dated November 10, 2003 of Regional Trial Court, Branch 256 of Muntinlupa City in Criminal Case No. 02-326 for Bigamy...
Promulgated on 2004-10-25

258. CA GR SP 82012: Mega Pacific vs. Marissa Abe, et al
Before Us is a petition for Certiorari under Rule 65 of the Rules of Court, with petitioner praying for the setting aside of the Orders of public respondent Hon. Judge Estela Perlas-Bernabe, dated 30 October 20031 and 15 December 2003,2 denying petitio...
Promulgated on 2004-10-25

259. CA GR SP 80716: Hermogenes Manahan, et al vs. Severino Manahan, et al
This is a Petition for Annulment of Judgment under Rule 47 of the 1997 Rules of Civil Procedure, as amended, seeking to annul the following Orders of the Regional Trial Court (hereafter RTC) of Malolos, Bulacan, Branch 9, in LRC-Case No. 2662-M to wit: a)...
Promulgated on 2004-10-25

260. CA GR SP 83028: Rubies International Services, vs. NLRC, et al
This is a Petition for Certiorari under Rule 65 of the 1997 Rules of Civil Procedure, as amended, seeking to set aside the Resolution dated January 14, 2004 and the Decision dated October 28, 2003 of the National Labor Relations Commission (NLRC) in NLRC...
Promulgated on 2004-10-25

261. CA GR CV 68817: MARIVIC L. CABUGSA, vs. PHILIPPINE NURSES Association
We have carefully reviewed and appreciated defendantappellee s arguments in seeking a reconsideration of Our August 2, 2004 Amended Decision sadly, We find no compelling or justifiable reason to grant the same....
Promulgated on 2004-10-25

262. CA GR SP 83494: PHILIPPINE SCOUT VETERANS, vs. NLRC, et al
The Court resolved to DISMISS this petition for certiorari outright for petitioner s failure to attach to the petition copies of pertinent documents, i.e., position paper filed by private respondents before the labor arbiter, motion for reconsideration o...
Promulgated on 2004-10-25

263. CA GR CR 28718: People vs.Susana Marcaida y Hofer
On 05 July 2004, accused filed a notice of appeal in the Regional Trial Court, Branch 63, Makati City, relative to the decision dated 26 May 2003 of the RTC, affirming the decision of the Metropolitan Trial Court of Makati....
Promulgated on 2004-10-25

264. CA GR SP 80552: Lorenzo Tingson vs. Hon. Briccio Ygana, et al
This is a petition for review under Rule 43 of the 1997 Rules of Civil Procedure, as amended, which seeks to set aside the Decision dated June 24, 2003 and Order dated October 10, 2003 of the Honorable Briccio Ygana, presiding judge of the Regional Trial...
Promulgated on 2004-10-25

265. CA GR SP 79878: Saphia M. Magarang, et al., vs. NLRC, Hon. Espaldon et al
This is a special civil action for certiorari under Rule 65 of the 1997 Rules of Civil Procedure, as amended, which seeks to set aside the Resolutions dated June 21, 2002 (should be Decision) and February 24,2003 of the National Labor Relations Commissi...
Promulgated on 2004-10-25

266. CA GR SP 83117: Magnificent State Holdings vs. Hon. Alicia Marino-Co et al
This is a petition for certiorari under Rule 65 of the 1997 Rules of Civil Procedure, as amended, seeking to set aside the Orders dated (a) December 29, 2003 and (b) February 20, 2004 issued by Hon. Alicia P. Marina-Co (hereafter respondent judge) of the...
Promulgated on 2004-10-25

267. CA GR SP 81265: Fil-Estate REalty Corp., et al vs. Sps. Hernandez
This is a Petition for Review under Rule 43 of the 1997 Rules of Civil Procedure, as amended, which seeks the reversal of the Decision dated July 18, 2003 and the Order dated December 1, 2003 issued by the Office of the President of the Philippines in O.P...
Promulgated on 2004-10-25

268. CA GR SP 78690: Hope Metal Anodizing vs. Hope Metal Workers Union
This is a Petition for Certiorari under Rule 65 of the 1997 Rules of Civil Procedure, as amended, seeking to set aside the following Resolutions of the Secretary of the Department of Labor and Employment (hereafter Secretary of Labor), in OS-A-11-146-0...
Promulgated on 2004-10-25

269. CA GR CV 55629: Alicia Cruz-Salvador vs. Manila Electric Company
This is an appeal from the Decision dated November 6, 1996 of the RTC of Pasig City Br. 152 in Civil Case No. 62996,...
Promulgated on 2004-10-25

270. CA GR SP 77151: MAYAMOT RIVERSIDE, vs. Liwayway Gonzales
For Resolution is a Motion filed by the petitioner on October 5, 2004 seeking a reconsideration on Our August 19, 2004 Decision which denied due course the Petition and reversed and set aside the Decision of the Trial Court --MTCC, Br. 1, Antipolo City....
Promulgated on 2004-10-25

271. CA GR SP 78102: Pula vs. Crayons Processing, et al
This is a petition for certiorari seeking to annul and set aside the decision, dated 18 March 2003, of the public respondent National Labor Relations Commission, in NLRC NCR CA No. 030351-02 (NLRC NCR 00- 07-03772-2000), which on appeal, modified the d...
Promulgated on 2004-10-25

272. CA GR SP 79513: Master Shirt Company vs. NLRC, et al
Before us is a Petition for Certiorari under Rule 65 of the Rules of Court, seeking to annul the 26 February 2003 Decision and the 07 May 2003 Order of public respondent National Labor Relations Commission (NLRC) in NLRC NCR Case No. 00-04-03083-94, de...
Promulgated on 2004-10-25

273. CA GR SP 85774: Sps. Jose Benosa vs. Sps. Rafael Memoracion
For failure of the petitioners to file their intended petition for review within the extended period ?...
Promulgated on 2004-10-25

274. CA GR SP 82254: Roberto Ignacio et al, vs. Hon. Leoncia Real-Dimagiba, et al
This is a special civil action for certiorari and prohibition under Rule 65 of the 1997 Rules of Civil Procedure, as amended, seeking to set aside the Orders dated (a) November 24, 2003 and (b) January 22, 2004 issued by Hon. Judge Leoncia Real-Dimagib...
Promulgated on 2004-10-25

275. CA GR CV 71320: Infiltrade Corp., vs. Philippine Commercia, et al
Plaintiff-appellant INFILTRADE CORPORATION appeals the Order dated November 22, 1999, which was issued by the Regional Trial Court of Bacoor, Cavite (sitting at Imus, Cavite), Branch 89, in Civil Case No. BCV 98-2. the dispositive portion of which reads:...
Promulgated on 2004-10-25

276. CA GR CV 79071: ANGELITO S. CENIZAL, vs. REPUBLIC OF THE PHILIPPINES
The Republic of the Philippines, through the Office of the Solicitor General (OSG), appeals from the Decision1 dated January 24, 2003 of the Regional Trial Court (Branch 66) of Capas, Tarlac in LRC Case No. 326-C-02 entitled RE: Petition for Judicial Re...
Promulgated on 2004-10-25

277. CA GR CV 65815: Crisologo Soto, vs. Bonifacio Pestio
This is an appeal from the decision of the Regional Trial Court, Branch 12, Ligao, Albay, the dispositive portion of which reads:...
Promulgated on 2004-10-25

278. CA GR CV 66531: Ship-Brotherhood Association vs. Eligio Berango, et al
This is an appeal interposed by appellants Ship-Brotherhood Association Inc. (Ship for brevity) represented by Edwin Betiz, Josefina Barcellano, and Emerlita Benitez from the Decision dated 10 December 1999 rendered by the Regional Trial Court of Tabaco...
Promulgated on 2004-10-25

279. CA GR CR 27795: People of the Philippines vs. Marcelo Carrasco
Before this Court is an appeal from the Decision dated August 28, 2003 of the Regional Trial Court (RTC), Fourth Judicial Region, Branch 66, Baler, Aurora in Criminal Case No. 2024 for Frustrated Murder....
Promulgated on 2004-10-25

280. CA GR CV 63783: Anita Salem Sy, et al., vs. Jam Liner et al
Before us is an appeal filed by defendants-appellants Jam Liner, Inc., Metro Manila Transit Corp. and Alexander R. Casa are praying for the reversal of the Decision dated October 30, 19982 in Civil Case No. 92-60721 of Branch 28, Regional Trial Court, ...
Promulgated on 2004-10-25

281. CA GR SP 76038: GOLDLOOP PROPERTIES, INC. vs HON. ALFREDO G. FLORES, ET AL
Before us is a petition for certiorari seeking to set aside the Order of respondent Judge dated December 3, 2002 in Civil Case No. 67192, which gave due course to the notice of appeal filed by private respondents, for having allegedly been issued with...
Promulgated on 2004-10-25

282. CA GR CV 80283: Wilson Keng Alcid vs. Republic of the Philippines
This is an appeal from the Decision dated June 30, 2003 of the Regional Trial Court of Laoag City, Branch 13 in Spec. Proc. No. 12076-13 granting the application for naturalization of petitioner, a Chinese national...
Promulgated on 2004-10-25

283. CA GR CV 79794: Heirs of Angel Jose Ruiz vs. Edwin Lacanilao; Heirs of Pablo Pambid
Before this Court is an appeal from the decision1 dated April 28, 2003 of the Regional Trial Court, Second Judicial Region, Branch 32, Cabarroguis, Quirino in Civil Case No. 414, entitled Heirs of Angel Jose Ruiz Rep. By Marites Domingo Castillo...
Promulgated on 2004-10-25

284. CA GR SP 84759: GEMINO M. CONDES vs. NATIONAL LABOR RELATIONS COMMISSION, et al.
This is a petition for certiorari under Rule 65 of the 1997 Rules of Civil Procedure seeking a reversal of the Decision dated September 29, 2003 (Annex "H", Petition, pp. 80-94, Rollo) of the National Labor Relations Commission (NLRC) in NLRC NCR Case...
Promulgated on 2004-10-25

285. CA GR SP 83706: Sta. Lucia Realty & Dev., Inc. vs. Hon. Vicente Hidalgo, et al.
Before this Court is a Petition1 for Certiorari and Prohibition with Prayer for Temporary Restraining Order and Writ of Preliminary Injunction under Rule 65 of the 1997 Rules of Civil Procedure assailing the Orders both dated April 15, 2004 of the Region...
Promulgated on 2004-10-25

286. CA GR SP 85143: Jimmy Go, et al, vs. Hon. Alfredo Flores, et al
Assailed in this petition for certiorari under Rule 65 is the Decision dated January 6, 2004 of the Regional Trial Court of Pasig City, Branch 167 upholding the validity of deportation proceedings against the petitioners...
Promulgated on 2004-10-25

287. CA GR SP 84172: I-Gate Solutions & Technologies Corp. and/or Jordan Pizarras vs. The N L R C , et al.
Challenged in this Petition for Certiorari With Prayer For Issuance Of Temporary Restraining Order And/Or Writ Of Preliminary Injunction, is the Decision dated December 30, 2003, and the Resolution dated February 23, 2004, both issued by the National...
Promulgated on 2004-10-25

288. CA GR SP 72626: PCCI FINANCE CORPORATION vs HON. REINATO G. QUILALA, ET AL
Before us is a petition for certiorari seeking the nullity of the Orders of respondent Judge dated April 29, 2002 and July 26, 2002....
Promulgated on 2004-10-25

289. CA GR SP 84358: Armina S. Lomibao & Carlos Soriano vs. Sps. Orlando & Norma Bartolome
Before this Court is a petition for review under Rule 42 of the 1997 Rules of Civil Procedure assailing the decision dated April 5, 2004 of the Regional Trial Court (RTC), First Judicial Region, Branch 37, Lingayen, Pangasinan in Civil Case No. 18449...
Promulgated on 2004-10-25

290. CA GR SP 77580: Comm. of Internal Revenue vs HSBC Ltd. Phil. Branches
We have assiduously perused the ratiocinations and arguments in respondent's Motion for Reconsideration as well as those contained in the Comment thereon of the petitioner, and found no compelling reason to modify, reverse and set aside the Decision rende...
Promulgated on 2004-10-25

291. CA GR CR 27886: People vs. Alfredo GEralde y Frias
Before us is an appeal filed by accused ALFREDO GERALDE Y FRIAS from the Decision dated June 11, 2003 of the Regional Trial Court, Branch 53, Rosales, Pangasinan, in Criminal Case No. 4242-R entitled People of the Philippines versus ALFREDO GERALDE Y FRIA...
Promulgated on 2004-10-25

292. CA GR SP 81151: ALC BALIUAG CINEMA AND SHOPPING COMPLEX, INCORPORATED vs. HON. VICTORIA VILLALON PORNILLOS
This is a petition for certiorari under Rule 65 of the 1997 Rules of Civil Procedure assailing Order No. 2 dated November 14, 2003 as well as Order Nos. 2 and 3 dated December 2, 2003, promulgated by the Regional Trial...
Promulgated on 2004-10-25

293. CA GR CV 59739: Sps. Francisco and Jocelyn Catapia vs. Republic
This is an appeal from the decision of the Municipal Trial Court, Branch 76, San Mateo, Rizal, the dispositive portion of which reads:...
Promulgated on 2004-10-25

294. CA GR SP 85372: Fil-Estate Land Inc., vs.Benigna Silvino Chin
This is a petition for review under Rule 43 seeking to reverse and set aside the Decision dated May 8, 2004 of the Office of the President (OP) dismissing petitioner's appeal, and the Order dated July 2, 2004 denying the motion for reconsideration thereof...
Promulgated on 2004-10-25

295. CA GR CV 65307: Rodelio Robles vs. Carolina G. Robles, et al
Assailed in the present appeal is the Decision dated September 17, 19992 in Civil Case No. Q-98-33637 of Branch 107, Regional Trial Court, Quezon City, granting the petition filed by petitioner-appelleeRodelio B. Robles against respondent Carolina G. Robl...
Promulgated on 2004-10-25

296. CA GR CV 58978: ROGELIO ( ROGER) DIACAMUS, vs. ATTY. ROMULO B. REYES
In February 1980, Rogelio Diacamus constructed a house on a 200 square-meter parcel of land situated in Area 2, Cultural Lane, Fourth Estate Subdivision, Paranaque. Diacamus does not own said land, nor does he claim ownership over the same. The construct...
Promulgated on 2004-10-25

297. CA GR CV 64243: National Shipping Corp., vs. ASPAC Airfreight
This is an appeal interposed by appellant ASPAC Airfreight International, Inc. (ASPAC for brevity) from the Decision dated 3 August 1999 rendered by the Regional Trial Court of Manila, Branch 41, in Civil Case No. 95-72767 for Damages, the dispositive...
Promulgated on 2004-10-25

298. CA GR CV 77119: Sps. Alberto & Ligaya Asilo vs. Sps. Benjamin & Elisa Victoria Garcia, et al.
For consideration is defendants-appellants Spouses Benjamin Garcia and Elisa Victoria Garcia's Motion for Reconsideration of this Court's decision dated July 8, 2004....
Promulgated on 2004-10-25

299. CA GR CV 70220: Manuel Cruz, Jr., vs. Blox System, et al
Rescission abrogates the contract from its inception and requires a mutual restitution of benefits received....
Promulgated on 2004-10-25

300. CA GR CV 62264: Leonora Naval vs. Eleazar Magallanes, et al
This is an appeal from the Decision dated August 26, 19982 of Branch 18, Regional Trial Court, Manila in Civil Case No. 91-56503 granting the complaint for damages filed by plaintiff-appellee Leonora Naval against defendants-appellants Eleazar Magallanes...
Promulgated on 2004-10-25

301. CA GR SP 86706: Jacinto Castillo vs. Phil. Commercial International Bank
In his petition for Injunction, Temporary Restraining Order and Enforcement of Right of First Refusal petitioner seeks to enjoin the enforcement of the Notice to Vacate dated 28 September 2004 which was issued pursuant to the Writ of Possession issued b...
Promulgated on 2004-10-22

302. CA GR SP 83144: PNOC-ENERGY, vs. Nerwin Industries, et al
Can a Regional Trial Court Judge issue a temporary restraining order against a government project in blatant violation of Republic Act No. 8975 and Supreme Court [Administrative] Circular No. 11-2000?...
Promulgated on 2004-10-22

303. CA GR SP 83843: Heirs of Dominador Evangelista vs. Sps. Maximo Santos, et al
The present petition for Certiorari under Rule 65 of the Rules of Court seeks to annul and set aside the Special Order dated March 12, 2004 issued by respondent Judge Lamberto A. Daing, Jr. of the Regional Trial Court, Branch 46, San Fernando City, Pampa...
Promulgated on 2004-10-22

304. CA GR CV 59614: Heirs of Noble Casionan vs. National Power Corp.
Via a motion for reconsideration, appellant National Power Corporation (NPC) takes exception to Our ruling on its negligence as the proximate cause of the electrocution incident....
Promulgated on 2004-10-22

305. CA GR SP 60176: Sps. Joaquin Bonifacio vs. Hon. Rolando How, et al
Civil Case No. 99-037 for Declaration of Ownership, Annulment and Cancellation of Attachment, Notice of Levy, and Execution Sale with Damages, filed by the petitioners spouses Joaquin and Teresita Bonifacio (or the Bonifacios for brevity) against the resp...
Promulgated on 2004-10-22

306. CA GR CR 22361: People vs. Arturo Marimon
Appealed before Us is the Decision dated August 3, 1998 of the RTC of Quezon City Branch 95 in Criminal Case No. Q-95-62864,...
Promulgated on 2004-10-22

307. CA GR CV 77555: Pejo vs. Ernesto Garilao, et al
Plaintiffs-appellants Salvador Pejo and Salvacion Pejo filed before the Regional Trial Court of Naga City a case for Just Compensation concerning a 8.3508 hectares rice land situated in Lupi, Tinambac, Camarines Sur covered by TCT No. RT-385 (21362) issu...
Promulgated on 2004-10-22

308. CA GR SP 84897: Almario vs. Salazar
Before us is a Petition for Review under Rule 42 of the Rules of Civil Procedure assailing the May 21, 2004 Order of the Regional Trial Court (RTC), Branch 5, Dinalupihan, Bataan, in Civil Case No. DH-953-04, which affirmed the January 5, 2004 Decision of...
Promulgated on 2004-10-22

309. CA GR CV 73711: Rogelio Morales, vs. Gregorio Vigilar, et al
First the dramatis personae in this case. The plaintiff and appellee is Rogelio Morales (or Morales hereafter), a construction contractor. The defendants at the time relevant were officials of the Department of Public Works and Highways....
Promulgated on 2004-10-22

310. CA GR SP 73345: RJE Enterprises, Inc., vs. NLRC, et al
In this Petition for Certiorari under Rule 65 of the 1997 Rules of Civil Procedure, petitioner RJE Enterprises Inc. seeks the nullity of the 09 April 2002 Resolution of the National Labor Relations Commission in NLRC-NCR CA No. 027872-01...
Promulgated on 2004-10-22

311. CA GR SP 77263: Southern Orchard, Inc., vs. Department of AGrarian Reform. et al
This petition for review under Rule 42 of the 1997 seeks to review the 28 April 2003 Order of the Regional Trial Court, Branch 161, Pasig City, sitting as Special Agrarian Court in Civil Case No. 67735...
Promulgated on 2004-10-22

312. CA GR SP 79114: Carlo de los Santos et al., vs. Monica Publishing Corp., et al
In this Petition for Certiorari under Rule 65 of the 1997 Rules of Civil Procedure, petitioners seeks to nullify the 31 May 2002 Decision of the National Labor Relations Commission in NLRC CA No. 029363-01 which affirmed in toto the 28 June 2001 Decisio...
Promulgated on 2004-10-22

313. CA GR CR 27626: People vs. Francisco Quiling Bacunawan
For review herein is the Decision dated April 3, 2003 convicting appellant Francisco Quiling Bacunawa of Robbery. Along with confederates who remained at large, he was indicted for that crime under the Information that reads:...
Promulgated on 2004-10-22

314. CA GR SP 68974: Far East Bank vs. Hon. Joven Costales, et al
This is a petition for certiorari and prohibition under Rule 65 assailing the Resolution dated December 4, 2001, the Order dated December 14, 2001 and the Writ of Preliminary Mandatory Injunction dated January 14, 2002 issued by the Regional Trial Court,...
Promulgated on 2004-10-22

315. CA GR SP 85891: Pacita Corpuz vs. Hon. Ferdinand Fe, et al
This is a petition for review of the Decision dated March 26, 2004 of the Regional Trial Court of Bauang, La Union, Branch 67, which affirmed with modification the Decision of the Metropolitan Trial Court of Caba, La Union, in Civil Case No. 320, for a...
Promulgated on 2004-10-22

316. CA GR CV 69461: Maricris Ilagan vs. Emmanuel Ilagan
Respondent-appellant Emmanuel Vizconde Ilagan appealed from the Decision1 dated October 23, 2000 of the Regional Trial Court of Lipa City, Branch 85, the fallo of which states:...
Promulgated on 2004-10-22

317. CA GR SP 81458: Surplus Duty Paid vs. NLRC, Nelson Billones, Jr., et al
In this Petition for Certiorari under Rule 65 of the 1997 Rules of Civil Procedure, wherein petitioner Surplus Duty Free Import seeks to nullify the 21 May 2003 Resolution of the National Labor Relations Commission in NLRC NCR CA No. 029643...
Promulgated on 2004-10-22

318. CA GR SP 76857: Sps. Henry P. Yuhengco, et al. vs. Hon. Judge Lydia Querubin Layosa, et al.
Petitioners seek reconsideration of Our decision rendered on August 16, 2004 on the averment that this Court erred in affirming the February 4, 2003 Order of the lower court, which granted the motion to quash the appeal of petitioner from the Order direc...
Promulgated on 2004-10-22

319. CA GR CV 75896: Luisa Descalzo vs. Wilfredo Descalzo, et al
Assailed in this appeal is the 01 July 2002 Decision of the Regional Trial Court Branch VIII of Manila, in Civil Case No. 01-100104 for Judicial Partition Of Real Estate...
Promulgated on 2004-10-22

320. CA GR CV 63087: Prudencio del Rosario, et al vs. Crispin Legaspi
For Our consideration is the Decision1 of the Regional Trial Court, Branch 15, Malolos, Bulacan rendered on August 4, 1998 in Civil Case No. 473-m-92 which dismissed plaintiffs-appellants Complaint for Annulment of Sale, Annulment of Partition, Partition...
Promulgated on 2004-10-22

321. CA GR CV 63679: Sps. Jose Balantakbo vs. Sps. William Carpitanos
Before Us is an ordinary appeal from the February 17, 1999 Decision1 of the Regional Trial Court, Branch 84, Quezon City in Civil Case No. 98-35368, which is an action for consignation, specific performance and damages filed by plaintiffs-appellees again...
Promulgated on 2004-10-22

322. CA GR SP 74157: The International Commercial Bank of China vs. Hon. Antonio Pozas, e al.
Before us is the Motion for Reconsideration filed by private respondents on August 4, 2004 of our Decision promulgated on July 2, 2004....
Promulgated on 2004-10-22

323. CA GR SP 70530: Monserrat M. Fernando, et al. vs. Hon. Jose G. Paneda, et al.
In their Motion for Reconsideration, petitioners assailed the Decision for the failure of this Court to include the legal heirs of decedents Celerina Fernando and Juliana Fernando as indispensable parties in the Complaint for Annulment of the Deed of Part...
Promulgated on 2004-10-22

324. CA GR SP 81734: Bel-Air Village Asso., Inc. vs. Multi Realty Dev. Corp.
In view of the following infirmities, to wit 1. Failure to submit copy of the Resolution denying the Motion for Reconsideration dated 2 December 2003......
Promulgated on 2004-10-22

325. CA GR SP 73670: Jose Toledo, et al vs. Hon. Bruselas, et al
Can a Regional Trial Court (RTC) exercise jurisdiction to annul the final judgment of a co-equal court?...
Promulgated on 2004-10-22

326. CA GR CV 64632: King vs. Cambe, et al
Appellants Tranquilino Cambe and Samuel Cambe assail the Decision1 of the Regional Trial Court, Second Judicial Region, Branch 24, Echague, Isabela which granted appellee Frederco King s action for recovery of ownership with prayer for preliminary injunc...
Promulgated on 2004-10-22

327. CA GR SP 68798: People vs. Hon. Delia H. Panganiban, et al.
Upped for resolution is the Petition for Certiorari under Rule 65 filed by petitioner People of the Philippines, represented by the Solicitor General, assailing the September 7, 2001, September 11, 2001, and November 16, 2001 Orders of respondent judge...
Promulgated on 2004-10-22

328. CA GR CV 65697: Meneses vs. Silvino Roxas, Sr, et al
This resolves the twin appeals from the Decision1 dated June 18, 1999 of Branch 14, Regional Trial Court, Malolos, Bulacan in Civil Case No. 320-M-95 which granted appellee s Complaint for Recovery of Possession, Sum of Money and Damages in the followin...
Promulgated on 2004-10-22

329. CA GR CV 57343: Elizabeth Libao, et al vs. Daily Savings Bank
In this appeal from the Order1 dated March 8, 1996 of Branch 95, Regional Trial Court, Quezon City, which dismissed Civil Case No. Q-93-17457 for lack of jurisdiction, appellants posit that:...
Promulgated on 2004-10-22

330. CA GR CR 27842: People vs. Nita Siobal
The accused-appellant Nita Siobal has appealed from the January 15, 2003 Decision of the Regional Trial Court of Dagupan City, Branch 44, in Criminal Case No. 98-02453-D, finding her guilty of the crime of estafa defined and penalized under Art. 315, par....
Promulgated on 2004-10-22

331. CA GR CV 74536: Heirs of Feliciano Labaja et al vs. Edwin Rosero et al
On appeal is the Order dated February 27, 2002 of Regional Trial Court Fifth Judicial Region, Branch 46 of Masbate City in Civil Case No. 4825 dismissing the complaint filed by plaintiffs-appellants for annulment of documents with recovery of possession...
Promulgated on 2004-10-22

332. CA GR SP 79266: Perfecto Tiu vs. Max mara Fashion
This petition for review under Rule 43 of the Rules of Court seeks to set aside the decision dated 3 September 2003 of the Director General of the Intellectual Property Office, Office of the President which affirmed the decision dated 10 September 20...
Promulgated on 2004-10-22

333. CA GR CR 27322: People vs. Pedro Ladines
This is an appeal from the Decision of the Regional Trial Court of Sorsogon City, Branch 53, in Criminal case No. 93-3400, finding the accused-appellant Pedro Ladines guilty...
Promulgated on 2004-10-22

334. CA GR SP 81668: George Lorenzana, et al. vs. Romeo and Nerissa Ortanez, et al.
Before this Court is a Petition For Review1 under Rule 43 of the 1997 Revised Rules of Civil Procedure assailing the Decision dated November 28, 2003 of the Office of the resident in O.P. CASE NO. 03-A-041 entled George Lorenzana and Lorenzana Food Corpor...
Promulgated on 2004-10-22

335. CA GR SP 71356: Dennis M. Perez vs. Hon. Ma. Mercedita N. Gutierrez, et al.
In this special civil action for certiorari under Rule 65 of the Revised Rules of Court, petitioner Dennis M. Perez seeks to set aside the June 28, 2001 and May 31, 2002 resolutions rendered by public respondent Ma. Merceditas N. Gutierrez, Undersecret...
Promulgated on 2004-10-22

336. CA GR SP 30635: Livelihood Corp., vs. Hon. Angel Valera Colet, et al
In CA-GR SP No. 30635, the petitioners assail the following orders issued in Civil Case No. 91-CV-0651 entitled Leonardo Carbonell et. al. v. Livelihood Corporation, et. al. by respondent Judge Angel V. Colet, the then Presiding Judge of Branch 8, Region...
Promulgated on 2004-10-22

337. CA GR CV 54657: Gozon Defensor vs. Travel Managers, et al
Amended Decision We resolve defendants-appellants Motion for Reconsideration of Our 8 May 2003 Decision1 which affirmed the Joint Decision of the Regional Trial Court of Makati City, Branch 65 in Civil Case Nos. 92-2565, 92-2566 and 92-2570, all filed b...
Promulgated on 2004-10-22

338. CA GR SP 80931: Mrs. Mercedes Yra Salvatierra, et al. vs. Jeremias S. Burayag, et al.
For consideration of this Court is an original action for Annulment of Final Order dated 19 June 2000, Regional Trial Court of Makati City, Branch 61, LRC Case No. M-3926 (Rollo, pp. 2-9) under Rule 47 of the 1997 Rules of Court....
Promulgated on 2004-10-22

339. CA GR CV 56391: Pilar Development Corp. vs. Jose Reynaldo Morente
This is an appeal from the Order (Records, pp. 68-70)of the Regional Trial Court of Las Piņas City, Branch 275, dated June 23, 1997 in Civil Case No. LP 95-032 for Recovery of Possession and Damages decided in favor of plaintiff-appellee,...
Promulgated on 2004-10-22

340. CA GR CR 26791: People vs. Ferdinand Cartagena, et al
Spouses Ferdinand and Vilma Cartagena comes to Us on appeal from the decision dated 05 September 2002, of the Regional Trial Court of Aparri, Cagayan, Branch 10, which found the spouses guilty of violating Republic Act No. 6424, otherwise known as the Da...
Promulgated on 2004-10-22

341. CA GR SP 76770: Dannug vs. Hon. Lita Genilo, et al
Via this petition for certiorari, prohibition and mandamus, with prayer for the issuance of a temporary restraining order and/or writ of preliminary injunction, the petitioners seek to nullify, as tainted with grave abuse of discretion, amounting to lack ...
Promulgated on 2004-10-22

342. CA GR SP 85274: Union Bank vs. Hon. Wilfredo Reyes, et al
The petition at bench seeks to set aside the Order dated June 2, 2004, issued by Judge Wilfredo D. Reyes, as pairing judge of Branch 35, Regional Trial Court of Manila in Civil Case No. 94-69946 granting the motion for the issuance of Writ of Execution...
Promulgated on 2004-10-22

343. CA GR SP 84233: Corazon Lopez et al vs. Antonio Salamera
This is a petition for review1 seeking the reversal of the decision dated February 13, 2004 of the Regional Trial Court of Manila, Branch 40 in Civil Case No. 03-108181 entitled Antonio N. Salamera, Plaintiff vs. Corazon Lopez, et. al., Defendants....
Promulgated on 2004-10-22

344. CA GR SP 67562: Ellen Martin vs. Concrete Ventures Group, Inc
Before this Court is a Petition for Review in accordance with Rule 42 of the 1997 Rules of Civil Procedure, seeking to reverse and set aside the handwritten Decision dated October 5, 2001 of the Regional Trial Court, Branch 97, of Quezon City (Rollo pp....
Promulgated on 2004-10-22

345. CA GR SP 81023: Heirs of Pedro de Guzman, et al vs. Sps. Nazario Rodriguez
Challenged in the instant petition is the Decision of the Department of Agrarian Reform Adjudication Board (DARAB for brevity) rendered on November 4, 2003...
Promulgated on 2004-10-22

346. CA GR SP 69100: Salas-Gatlin vs. Hon.Marissa Guillen, et al
After a thorough study of the Motions for Reconsideration filed by private respondents Fred J. Elizalde, Thalassa Mary Adela Gatlin Elizalde and Catigbac Salas Holdings Corporation in the above-entitled case, the Court finds no sufficient reason to deviat...
Promulgated on 2004-10-22

347. CA GR CV 59233: Development Bank vs. Sps. Pedro Avenda, et al
A careful reading of the issues raised by defendants-appellants in their Motion for Reconsideration1 shows that the same were merely a reiteration of the arguments which were squarely resolved and passed upon by this Court in its Decision dated March...
Promulgated on 2004-10-22

348. CA GR CV 74892: Maria Isabel del Rosario et al vs. Angela Gil, et al
Transfer Certificate of Title No. 15019 issued in the name of the appellant Ma. Isabel Gil Del Rosario, bears Entry No. 31096/T-15019 which states:...
Promulgated on 2004-10-22

349. CA GR CV 67647: LESLIE B. ALANDY vs REPUBLIC OF THE PHILIPPINES
This is an appeal by the Republic of the Philippines from the Order dated January 25, 2000 of the Regional Trial Court, Branch 55, Lucena City, the dispositive portion of which reads:...
Promulgated on 2004-10-21

350. CA GR CV 57931: National Irrigation Administration vs. Driz
On appeal is the Decision of the Regional Trial Court (RTC), Branch 27, Cabanatuan City, dated April 1, 1997, in a civil action for Collection of Unpaid Irrigation Fees, docketed as Civil Case No. 1718- AF....
Promulgated on 2004-10-21

351. CA GR SP 78403: Equitable PCI Bank vs. Hon. Letecia Ulibarri, et al
There being no compelling reason to modify, reverse or reconsider the Decision dated May 31, 2004, private respondent?s Motion for Reconsideration is DENIED, it appearing that the arguments raised therein were already considered and passed upon in the af...
Promulgated on 2004-10-21

352. CA GR CV 56340: Celeste V. Lara, et al vs. Sps. Almoradie
The parties in the case at bench are family members who have long been torn apart by the instant controversy involving a piece of land....
Promulgated on 2004-10-21

353. CA GR CR 26336: People vs. Virgilio Asto y Sibayan
In a motion for reconsideration, appellant attempts once more to exempt himself from liability arising from his reckless imprudence in the fatal vehicular accident....
Promulgated on 2004-10-21

354. CA GR CV 75523: Artemio Kho Sr., vs. Asian Construction and Development
We have carefully perused the Motion for Reconsideration filed by defendant-appellant of Our Decision dated May 26, 2004 and find no cogent or compelling reason to reconsider the same. The motion presents no new matter which We have not already conside...
Promulgated on 2004-10-21

355. CA GR CV 69301: Adelina Madrid Lozares vs. Elena Reyes, et al
We have carefully perused the Motion for Reconsideration filed by defendants-appellants of Our Decision dated April 26, 2004 and find no cogent or compelling reason to reconsider the same. WHREFORE, the Motion for Reconsideration is hereby DENIED for ...
Promulgated on 2004-10-21

356. CA GR CV 77375: Philam Savings Bank vs. Sps.Marcelo
Upon due consideration of respondents-appellants' Motion for Reconsideration and petitioner-appellee's Comment thereon, the Court finds no compelling reason to reconsider its Decision dated June 11, 2004 as the arguments raised in the motion are a mere...
Promulgated on 2004-10-21

357. CA GR CV 83078: Sps. Fe Muego, et al. vs Rep. of the Phils.
Finding merit in appellant Office of the Solicitor General's Manifestation dated August 30, 2004 (pp. 5 to 9, Rollo) praying for the withdrawal of its precautionary Notice of Appeal in this case dated June 4, 2002, and submitted even before the filing of...
Promulgated on 2004-10-21

358. CA GR CV 67795: Sps. Galvez vs. Leticia Lontok-Duenas, et al.
This is an appeal from the Decision dated June 26, 2000 of the Regional Trial Court (RTC), Branch 82 of Quezon City in Civil Case No. Q92-12487...
Promulgated on 2004-10-21

359. CA GR SP 81798: Ma. Lourdes C. de Jesus vs. Hon. Raul T. Aquino, Presiding Commissioner, NLRC & Supersonic Services
On August 17, 2004, private respondent filed its Motion for Reconsideration of the decision dated July 23, 2004....
Promulgated on 2004-10-21

360. CA GR CV 70313: Harizon C. Ramos vs. Asian Construction and Development
This is a case for sum of money filed against herein defendant-appellant Asian Construction and Development Corporation (hereinafter referred to as ASIAN for brevity) in relation to its unpaid and overdue accounts with the plaintiff-appellee...
Promulgated on 2004-10-21

361. CA GR CV 75727: Alejo Lopez, et al vs. Alipio Lopez et al
Before this Court is an ordinary appeal on the 13 June 2002 Decision of the Regional Trial Court, First Judicial Region, Branch 69, Lingayen, Pangasinan in Civil Case No. 17535 for Partition, Annulment of Certain Documents with Damages,...
Promulgated on 2004-10-21

362. CA GR SP 69354: Hiers of Miguel Guerrero vs. Joven Crisologo, et al
Before Us is a Petition for Review seeking to set aside the Decision dated 7 June 2000 of the Department of Agrarian Reform Adjudication Board (DARAB) in DARAB Case No. 5382....
Promulgated on 2004-10-21

363. CA GR CV 70628: Ben Ching, vs. Sps. Oscar Narcida
Before Us is an Appeal from the Decision of the Regional Trial Court of Pasay City, Branch 111....
Promulgated on 2004-10-21

364. CA GR SP 72849: Bonifacio Laluan vs. Mamerto Sarmiento
This petition for review assails the February 28, 2002 Decision of the Regional Trial Court (RTC) of Villasis, Pangasinan, Branch 50, as well as its Order2 dated August 22, 2002, which affirmed in part the decision of the Municipal Circuit Trial Court (MC...
Promulgated on 2004-10-21

365. CA GR CV 79133: Emilia D. Flores vs. Maisel R. Flores, et al
This is an appeal from the Decision (Records, pp. 265-284) of the Regional Trial Court of Mandaluyong City, Branch 212, dated 12 May 2003 in JDRC Case No. MC01-1599for Declaration of Nullity of Marriage, which denied the petition....
Promulgated on 2004-10-21

366. CA GR SP 86646: Veronica Borja, et al vs. Hon. Pantanosas, et al
Petitioner invokes the extraordinary writ of certiorari and mandamus under Rule 65 of the 1997 Rules of Civil Procedure assailing the Order dated 6 October 2003 denying petitioner s motion to return the record of Special Proceedings Nos. 1183 and 1216, an...
Promulgated on 2004-10-21

367. CA GR SP 70969: Vicente Baligad, et al., vs. Sps. Robolledo
Before the Court is a petition for review of the (i) Decision dated November 6, 2000 of the Department of Agrarian Reform Adjudication Board (DARAB) in DARAB Case No. 3854 which reversed the Decision dated July 11, 1994 of the Provincial Adjudicator,...
Promulgated on 2004-10-21

368. CA GR SP 79214: Feliciano Agaton, Sr., vs. Exequiel Mercado, et al
Submitted for decision sans the requisite Comment is this Petition for Review under Rule 43 of the 1997 Rules of Civil Procedure which seeks to annul and set aside the following issuances of herein respondent Office of the Ombudsman in OMB-1-95-1839,...
Promulgated on 2004-10-21

369. CA GR SP 78401: Malayan Employees Association vs. Malayan Insurance Co.
Petitioners seeks reconsideration of Our Decision promulgated on July 1, 2004 which denied the petition for lack of merit. We have once more reviewed the issues in this case particularly as they relate to the motion for reconsideration and the comment th...
Promulgated on 2004-10-21

370. CA GR SP 86895: Superb Security vs. NLRC, et al
This petition for certiorari with application for temporary restraining order and/or preliminary injunction assails the Decision of labor Arbiter Teresita D. Castillon-Lora dated July 21, 2003 and the Resolution of the NLRC promulgated on September 10, 20...
Promulgated on 2004-10-21

371. CA GR SP 86399: I.B.I Speed TRansfer vs. Raymundo Reyes, et al
The petition is fatally defective: 1. The person signing the certification of non-forum shopping has not shown any authority to sign it in behalf of the petitioner corporation....
Promulgated on 2004-10-21

372. CA GR CR 27147: People vs. Chen Siong Cae
Under consideration by the Court is the Motion for Reconsideration dated June 25, 2004 filed by accused-appellant to which a written comment was filed by the Office of the Solicitor General....
Promulgated on 2004-10-21

373. CA GR CR 27135: People vs. Reggie Estanislao
The Court after going over the accused-appellant?s Motion for Reconsideration dated July 7, 2004 and the Comment of the Office of the Solicitor General thereto, finds that there is no new matter or arguments set forth in this instant motion which have...
Promulgated on 2004-10-21

374. CA GR SP 85603: Gateway Property Holdings, Inc. vs. Hon. Aurelio G. Icasiano, et al.
Before Us is the Very Urgent Motion For Issuance of a Writ of Preliminary Injunction filed by petitioner, to enjoin respondent judge from enforcing the decision dated February 4, 2004 granting respondent-bank?s petition for issuance of a Writ of Posses...
Promulgated on 2004-10-21

375. CA GR CV 65305: Garin vs. Cuadra, et al
The question presented in this appeal is whether a last will and testament may be denied admission to probate because the person making the will expressed his intention to have his properties pass to his compulsory heirs according to the law on intestacy...
Promulgated on 2004-10-21

376. CA GR CV 71900: PCI Leasing vs. Sps. Alcantara, et al
Defendants-appellants seek the reconsideration of Our Decision dated April 27, 2004 which affirmed the assailed decision with modification. We have once more reviewed the issues in this case particularly as they relate to the motion for reconsideration....
Promulgated on 2004-10-21

377. CA GR SP 79080: Don Jaime Robles vs. Hon. Rosa Reyes, et al
This pertains to petitioner's Motion for Reconsideration of Our Decision dated May 14, 2004. After a thorough study of the motion for reconsideration, the Court finds no sufficient reason to deviate from its findings and conclusion reached in its deci...
Promulgated on 2004-10-21

378. CA GR SP 86717: de la Rama et al., vs. Victor Quimpo, et al
The petition for certiorari is fatally defective: 1. It was filed only on October 4, 2004, which is beyond the 60-day period for filing the petition counted from August 2, 2004 when the petitioners received the last assailed order of July 27, 2004......
Promulgated on 2004-10-21

379. CA GR SP 71144: Christian General Hospital vs. Hon.Norma Perello, et al
Petitioner seeks the reconsideration of Our Decision dated June 14,2004 which dismissed the petition....
Promulgated on 2004-10-21

380. CA GR SP UDK 5225: Susana Plaza et al vs. City Government of Butuan
Petitioners, by way of the present petition under Rule 43 of the 1997 Rules of Civil Procedure, assail Resolution No. 030594 dated 19 May 2003 of the Civil Service Commission dismissing their appeal of the Decision dated 7 May 2002 of the CARAGA Region...
Promulgated on 2004-10-21

381. CA GR CV 74499: Union Bank vs. Sps. William Friend, et al
There being no compelling reason to modify, reverse or reconsider the Decision rendered in this case dated June 1, 2004, defendants-appellants' Motion for Reconsideration dated June 29, 2004 is DENIED, it appearing further that the arguments raised therei...
Promulgated on 2004-10-21

382. CA GR SP 74970: Oscar REyes, vs. Hon. Trial Court of Makati, Br. 142, et al
Acting on petitioner's Motion for Reconsideration, the Court is not persuaded to modify much less reverse the decision sought to be reconsidered. WHEREFORE, petitioner's Motion for Reconsideration is DENIED for lack of merit....
Promulgated on 2004-10-21

383. CA GR CV 54531: Herminigildo Llagas, et al. vs. Isabel Borromeo, et al.
This is an appeal from the Decision1 of Branch 36 of the Regional Trial Court of Iriga City, dated April 25, 1996, dismissing appellants' complaint for annulment of sale, quieting of title, recovery of ownership and possession and for damages, and orderi...
Promulgated on 2004-10-21

384. CA GR CV 72704: Rosita Torres, et al vs. Saulog Bus, et al
This appeal seeks to reverse and set aside the decision1 of the Regional Trial Court, Branch 50 of Villasis, Pangasinan, in Civil Case No. V-0378 finding herein defendants-appellants liable for the untimely death of Michael T. Manangan....
Promulgated on 2004-10-21

385. CA GR CV 77464: Castillo vs. Barebi
This pertains to plaintiff-appellant's Motion for Reconsideration of Our Decision dated June 29, 2004. We find no plausible reason to justify a departure from Our Decision, especially in the light of the comment of defendant-appellee opposing said motion...
Promulgated on 2004-10-21

386. CA GR SP 80398: Conrado Limpoco vs. NLRC, et al
After a thorough study of the Motion for Reconsideration filed by petitioner in the above-entitled case, the Court finds no sufficient reason to deviate from its findings and conclusions reached in its Decision dated May 26, 2004....
Promulgated on 2004-10-21

387. CA GR SP 77839: Gemeniano vs. Civil Service Commission
The Court after going over the petitioner's Motion for Reconsideration dated July 20, 2004 and the Comment of the Office of the Solicitor General thereto, finds that there are no new matters or arguments set forth in this instant motion which have not bee...
Promulgated on 2004-10-21

388. CA GR SP 77927: Cesar Fernando vs. Josefina Bacani, et al
We have carefully perused the Motion for Reconsideration filed by petitioner through counsel of Our Decision dated July 1, 2004 and find no cogent or compelling reason to reconsider the same....
Promulgated on 2004-10-21

389. CA GR SP 81737: Joya vs. Hon. Cabanos, et al
Submitted for consideration by this Court are the Notice of Withdrawal of Appearance1 filed by petitioner s counsel, the Florentino and Esmaquel Law Office, the Motion for Reconsideration filed by petitioner and the Opposition with Motion to Cite Petitio...
Promulgated on 2004-10-20

390. CA GR CV 70897: Shivatex vs. Prudential Bank, et al
On appeal is the Decision of the Regional Trial Court of Makati City dated 26 October 2000, dismissing the complaint of plaintiff-appellant Shivatex Manufacturing Co., Incorporated (Shivatex) for rescission which it filed against defendants-appellees Pr...
Promulgated on 2004-10-20

391. CA GR CV 79211: NATIONAL POWER CORPORATION vs. BENJAMIN ONG CO, MIRIAM D. YALUNG, et al.
This is an appeal from the Partial Decision dated February 19, 2003 rendered by the Regional Trial Court of San Fernando, Pampanga in Civil Case No. 12281, entitled "National Power Corporation vs. Benjamin Ong Co, et al.," for Eminent Domain. The pres...
Promulgated on 2004-10-20

392. CA GR SP 82779: DIVINA ALVAREZ (PANTUA) NAVARRO vs. HON. FLORENCIO ARELLANO, et al.
Challenged in this Petition for Certiorari and Prohibition with Prayer for Preliminary Injunction/Temporary Restraining Order is the Order dated December 12, 2003 issued by the Regional Trial Court of Sta. Cruz, Laguna, in Civil Case No. SC- 4117,...
Promulgated on 2004-10-20

393. CA GR SP 75263: Florencio A. Narido, jr. vs. Hon. Enrico Lanzanas, et al
The crux of this special civil action for certiorari springs from the order dated June 11, 2002 denying the petitioner's motion to dismiss, and the order dated October 24, 2002 denying the motion for reconsideration of the public respondent, in the su...
Promulgated on 2004-10-20

394. CA GR CV 80577: Nepomuceno vs. The Hon. Secretary of Health
The instant Appeal is DISMISSED for failure of plaintiff-appellant to file the required brief despite the extended period given her, on authority of Section 1 (e), Rule 50 of the Revised Rules of Court....
Promulgated on 2004-10-20

395. CA GR CV 77462: Val Tangco, et al. vs Safeguard Security Agency, et al.
Perusing over the arguments raised in appellants' Motion for Reconsideration and those contained in appellees' Opposition/Comment thereto, We find the Motion for Reconsideration offering no justification to compel a modification or reversal of Our Decis...
Promulgated on 2004-10-20

396. CA GR SP 76209: Eric Uychiaoco Yu vs. Hon. Franchito Diamante, et al
In this special civil action for certiorari, the petitioner assails the order of the public respondent Judge Franchito Diamante dated March 5,2003 denying his motion to dismiss for lack of jurisdiction over the subject matter of the case subject of th...
Promulgated on 2004-10-20

397. CA GR SP 80391: Power Master, Inc., et al vs. NLRC, et al
Before us is a petition for certiorari seeking to nullify and set aside the order dated January 31, 2003 dismissing the petitioners' appeal, and the resolution dated September 24, 2003 denying the motion for reconsideration, both issued by the public...
Promulgated on 2004-10-20

398. CA GR SP 76121: Nory Juangco, vs. NLRC, et al
This is a petition for certiorari under Rule 65, 1997 Rules of Civil Procedure assailing the (i) Decision dated October 1, 2002 of public respondent National Labor Relations Commission (NLRC) which reversed the Labor Arbiter s Decision4 dated July 31, 20...
Promulgated on 2004-10-20

399. CA GR CV 80691: Juanito Batas, vs. Sps. Ricardo Manalo, et al
The instant Appeal is DISMISSED for failure of defendantappellant to file the required brief despite notice, on authority of Section 1 (e), Rule 50 of the Revised Rules of Court....
Promulgated on 2004-10-20

400. CA GR SP UDK 5222: Nilo Hallazgo vs. Atlantic Gulf
Petitioner s Memorandum of Appeal, (his version of Petition for Certiorari under Rule 65, Revised Rules of Court) is outrightly DISMISSED due to the following procedural infirmities....
Promulgated on 2004-10-20

401. CA GR SP 77683: Martha Kilayco vs. Hon. Patria Manalastas-de Leon, et al
Petitioner Martha M. Kilayko seeks favorable judgment: (1) declaring void the Decision dated March 20, 2003 as well as the Order dated June 11, 2003 of the Regional Trial Court (RTC) of Muntinlupa City, Branch 206 in LRC Case No. 03-002; (2) denying the p...
Promulgated on 2004-10-20

402. CA GR SP 81153: SAMASAH-NUWHRAIN vs. NLRC & Hotel Enterprises of the Phils., Inc.
This treats of private respondent's Motion for Reconsideration with Motion to Set Case for Oral Arguments and petitioner's Comment thereto....
Promulgated on 2004-10-20

403. CA GR SP 81542: NATIONWIDE SECURITY, vs. REGIONAL TRIAL COURT, Branch
In this Petition for Certiorari with prayer for preliminary injunction under Rule 65 of the 1997 Rules of Civil Procedure, petitioner seeks the nullification of the October 10, 2002 and November 18, 2003 Orders of public respondent RTC which dissolved the...
Promulgated on 2004-10-20

404. CA GR SP 82165: Westmont vs. Ernesto So, et al
This covers petitioner s Motion for Reconsideration, dated March 9, 2004, of Our February 16, 2004 Resolution dismissing the petition for failure to comply with the requirements. The grounds were:...
Promulgated on 2004-10-20

405. CA GR SP 79328: INTEL TECHNOLOGY, et al COMMISSIONER OF Internal REvenue
In this petition for review under Rule 43 of the 1997 Rules of Procedure, petitioner-appellant Intel Technology, Inc. seeks to annul and set aside the Decision dated April 3, 2003 of the Court of Tax Appeals in C.T.A. Case No. 6169 denying its application...
Promulgated on 2004-10-20

406. CA GR SP 78412: PHILIPPINE RABBIT, vs. NLRC, et al
Assailed in this special civil action for certiorari under Rule 65 of the 1997 Rules of Civil Procedure is the Resolution of public respondent National Labor Relations Commission (NLRC) dated October 30, 2002 in NLRC CA No. 027848-01, NLRC CAR No. 04- ...
Promulgated on 2004-10-20

407. CA GR CV 79134: REYNALDO T. BRIONES, vs. PNB, et al
Before Us on appeal is a decision (dated May 30, 2003) of the Regional Trial Court (Branch 117) in Pasay City, in Civil Case No. 01-0226 (specific performance and injunction)....
Promulgated on 2004-10-20

408. CA GR CV 60037: Guadalupe Resource, et al vs. Victorio Legaspi
Subject of the present appeal is the Decision of the Regional Trial Court (RTC) of Malabon, Metro Manila, Branch 72 dated 11 November 1997 in Civil Case No. 2609-MN, an action for damages filed by plaintiffs-appellees Guadalupe Resources, Inc. (hereinaft...
Promulgated on 2004-10-20

409. CA GR SP 81050: Tobias Castro, et al vs. NLRC, et al
Before Us is a Petition for Certiorari under Rule 65 of the Rules of Court, seeking to set aside the Decision of the National Labor Relations Commission dated 26 May 2003, and its Resolution dated 29 August 2003, denying petitioner s Motion for Reconsider...
Promulgated on 2004-10-20

410. CA GR CR 14026: People vs. Lilia Obias, et al
Appellants Lilia Baricas Obias, Rodolfo Obias and Roberto Obias come before this Court to appeal the January 9, 1992 Decision of the Regional Trial Court of Camarines Norte, Branch 39, in Criminal Case No. 6349, finding all of them guilty beyond reason...
Promulgated on 2004-10-20

411. CA GR CV 70394: Socorro Caagbay vs. H.M. Llaguno Handicrafts
On appeal before Us is the Decision, dated 31 July 2000, rendered by Hon. Judge Virgilio C. Alpajora, of the Regional Trial Court of Lucena City, Branch 59, with the following dispositive portion:...
Promulgated on 2004-10-20

412. CA GR CV 74049: VARGAS vs Yap-Lee
Assailed in this appeal is the Decision dated February 5, 20013 in Civil Case No. 186-0-97 of Branch 72, Regional Trial Court, Olongapo City, granting the complaint for ?Reformation of Instrument and/or Annulment or Cancellation of the Contract? filed...
Promulgated on 2004-10-20

413. CA GR CV 68972: SPOUSES CHEANG GA and BEATRIZ TEH-CHEANG vs REPUBLIC OF THE PHILIPPINES
On appeal to Us is the decision of the Regional Trial Court, Branch 41 of Daet, Camarines Norte in LRC Case No. N-836 (LRA Rec. No. N- 69348) for original registration and judicial confirmation of title over two (2) parcels of land located in Barangay...
Promulgated on 2004-10-19

414. CA GR SP 81756: TOMAS BAJET vs EMPLOYEES' COMPENSATION COMMISSION, ET AL
This is a petition for review of the decision of the Employees' Compensation Commission in ECC Case No. SM-14718-1202, dated October 28, 2003, affirming the decision of the Social Security System (SSS) denying petitioner Tomas Bajet's claim for employe...
Promulgated on 2004-10-19

415. CA GR SP 81004: Molina vs. Orlando Fernandez, et al
In this Petition for Review, petitioner SANTOS MOLINA seeks to reverse and set aside the Order dated January 20, 2003 rendered by the Regional Trial Court (hereinafter called RTC) of Bacoor, Cavite, Branch 19, the dispositive portion of which reads:...
Promulgated on 2004-10-19

416. CA GR CV 69561: Ambrosio Sacramento vs. Prudential Bank, et al
Before us is the appeal by defendant-appellant Prudential Bank (PRUDENTIAL) from the Decision1 dated October 23, 2000 of the Regional Trial Court (RTC), Branch 79, Morong, Rizal, in Civil Case No. 802-M for Recovery of Possession and Damages. The disposi...
Promulgated on 2004-10-19

417. CA GR CV 71705: Ernesto Toralba vs. Consolacion Ymana, et al
This is an appeal from the Decision of the Regional Trial Court (RTC) of Urdaneta, Pangasinan, Branch 45 dated February 9, 2001, dismissing for lack of merit the Complaint for Quieting of Title in Civil Case No. U-6465....
Promulgated on 2004-10-19

418. CA GR CV 77440: Bank of the Phil. Island, et al vs. Fil-Estate Lands, et al
Before us is the appeal by plaintiff-appellant Bank of the Philippine Islands (BPI) from the Order dated October 11, 20021 of Branch 149 of the Regional Trial Court of Makati City (the lower court) dismissing BPI s complaint in CIVIL CASE No. 02-124....
Promulgated on 2004-10-19

419. CA GR CR 27740: The People of the Philippines vs. Cilio Custodio y Mallilin
On April 19, 2004, the accused-appellant filed a Letter of Withdrawal of appeal. Earlier, the Brief for the appellant was filed on February 2, 2004, and the Brief for the appellee was filed on May 25, 2004. In our Resolution dated July 28, 2004, we requi...
Promulgated on 2004-10-19

420. CA GR CR 23237: People vs. Lt. Edgar Langeg
This is an appeal from the decision of the Regional Trial Court (Br. 59, Baguio City) in Criminal Case No. 12740-R (The People of the Philippines, Plaintiff, versus Lt. Edgar Langeg and PO3 Joseph Basanes, Accused), acquitting PO3 Basanes and finding hi...
Promulgated on 2004-10-19

421. CA GR SP 75951: Roxas, et al vs. Hon. Danilo Cruz, et al
This is a petition for certiorari and mandamus seeking to annul and set aside the order, dated 18 June 2002, of the Regional Trial Court of Pasig City, Branch 152, in Civil Case No. 68689, denying petitioners? motion to declare private respondent in defau...
Promulgated on 2004-10-19

422. CA GR SP 72301: Acuna et al., vs. Encarnado, et al
In this Petition for Review under Rule 42 of the Rules of Court, petitioners assail the 26 July 2002 Decision of Branch 80, Regional Trial Court of Malolos, Bulacan (RTC), in Civil Case No. 314-M-2002, rendered in the exercise of its appellate jurisdictio...
Promulgated on 2004-10-19

423. CA GR SP 82156: Susana vda. de Guzman vs. Juliana Bargos, et al
This resolves petitioners Motion for Reconsideration1 of Our Decision in this case promulgated on August 17, 2004. In due course, respondents were able to file their Opposition thereto....
Promulgated on 2004-10-19

424. CA GR SP 86551: Roberto Rabago vs. Rodolfo Aquino, et al
In the instant PETITION (dated 22 September 2004), petitioner seeks to nullify the Decision (of the Regional Trial Court of Makati City, Branch 141, in Civil Case No. M-359, dated 9 October 1987, attached as Annex C 3 thereto) because of alleged EXTRINSI...
Promulgated on 2004-10-19

425. CA GR CV 67822: PHILIPPINE COMMERCIAL INTERNATIONAL BANK vs AMERICAN NATURAL HEALTH CONNECTION, INC
On appeal to Us is the decision of the Regional Trial Court, Branch 133 of Makati City in Civil Case No. 98-105 for sum of money comprising the unpaid loan principal, monthly interests, penalty, and attorney's fees. The two-page decision is quoted belo...
Promulgated on 2004-10-19

426. CA GR CR 27752: People vs. Edwin Aquino
This is an appeal from the Decision of the Regional Trial Court of Manila, Branch 34, in Criminal Case No. 99-177569 convicting the accused-appellant of the crime of theft...
Promulgated on 2004-10-19

427. CA GR CR 27237: People vs. Rogelio Soriano
In a motion for reconsideration, appellant attempts to belittle anew the prosecution evidence and insists on his defenses of alibi and denial, hoping to obtain a reversal of Our Decision of affirmance in toto....
Promulgated on 2004-10-19

428. CA GR SP 73333: Dominador Cabalbag vs. Rustico Guieb
Before us is a petition for review of the Decision of the Regional Trial Court, Branch 71, Candon, Ilocos Sur, which affirmed the Decision of the Municipal Circuit Trial Court of Sta. Cruz - Sta. Lucia, Ilocos Sur....
Promulgated on 2004-10-19

429. CA GR SP 86620: GIVAUDAN PTE. LTD., vs. Daniel Lee, et al
Before us is a Petition for Certiorari under Rule 65 of the Revised Rules of Court seeking the nullification of the Decision dated January 30, 2004 and Order dated July 19, 2004 issued by public respondent National Labor Relations Commission (NLRC) in NLR...
Promulgated on 2004-10-19

430. CA GR CR 24641: People vs.SPO3 Raymundo Meliton, et al
Appellants police and barangay officers move to reconsider Our Decision, relying once more on their defense of fulfillment of a public duty at the time of the fatal shooting....
Promulgated on 2004-10-19

431. CA GR SP 86782: Franklin de Francia vs. PHILEX MINING CORPORATION, et al
The records show that the petition in caption suffers from the following deficiencies: 1. The docketing fees were not paid in full and were P530.00 short of the required amount;...
Promulgated on 2004-10-19

432. CA GR SP 86562: Dominic Puruganan vs. Corazon Guia, et al
For failure to attach material and relevant pleadings and documents such as the administrative complaint and the petitioner?s answer thereto in violation of Sections 6 and 7, Rule 43 of the 1997 Revised Rules of Civil Procedure, the petition is hereby OUT...
Promulgated on 2004-10-19

433. CA GR SP 70783: Domingo Bartolome vs NLRC, et al
Assailed in this petition for certiorari is the Decision of the National Labor Relations Commission (NLRC), which reversed the decision of Labor Arbiter Teresita D. Castillon-Lora and dismissed petitione s complaint against private respondents....
Promulgated on 2004-10-19

434. CA GR CR 27168: People vs. Gerald Caballes
Via a motion for reconsideration, appellant takes exception to the Court s affirmance of the trial court s findings on selfdefense, voluntary surrender and flight ? in furtherance of his plea for acquittal....
Promulgated on 2004-10-19

435. CA GR SP 86869: Marky's Prime Bake, et al., vs. NLRC, et al
For consideration is petitioners? Motion for Extension1 of time to file a special civil action for certiorari under Rule 65 of the Rules of Civil Procedure....
Promulgated on 2004-10-19

436. CA GR CV 68680: RENATO S. MIGUEL vs ELENA O. GUEVARRA-MIGUEL
On appeal to Us is the decision of the Regional Trial Court, Branch 72 of Olongapo City in Civil Case No. 407-O-98 for declaration of nullity of marriage on the ground of psychological incapacity allegedly suffered by petitioner's wife, pursuant to Art...
Promulgated on 2004-10-19

437. CA GR CV 64851: Capili vs. Consimino. et al
On appeal by oppositor Republic of the Philippines, is the Decision1 dated 7 June 1999 of Branch 77 of the Regional Trial Court of Malolos, Bulacan in Civil Case No. 631-M-96, the dispositive portion of which reads:...
Promulgated on 2004-10-19

438. CA GR CR 27596: People vs. Josefina Leona
On Appeal by accused Josefina Leona is the judgment1 dated 16 October 2002 of Branch 51 of the Regional Trial Court of Sorsogon City in Criminal Case No. 2000-5212, the dispositive portion of which reads:...
Promulgated on 2004-10-19

439. CA GR SP 71197: El Buen Asenso, et al vs. Hon. Presiding Judge Dumayas, et al
The propriety of the issuance of the writ of preliminary attachment in Civil Case No. Case No. 01-1184 entitled United Coconut Planters Bank v. El Buen Asenso y Cia Incorporada, Sps. Eusebio T. Sy and Nancy D. Sy and Loring S. Yu is the focus of the petit...
Promulgated on 2004-10-18

440. CA GR SP 81411: Electrovan Agri Sales Inc. & Miguel Canero vs. NLRC, et al.
This is a special civil action for certiorari filed by petitioners Electrovan Agri Sales, Inc. and its principal stockholder and general manager Miguel Canero, assailing the Decision, dated July 14, 2003 and Resolution, dated October 10, 2003 of the NLR...
Promulgated on 2004-10-18

441. CA GR SP 81504: Sps. Miguel Capistrano vs. Hon. Abraham Borreta, et al
By petition for certiorari, the petitioners seek the nullification and setting aside of the Orders dated September 3, 2003 and November 21, 2003 issued in Special Civil Action Case No. 2233 of the Regional Trial Court (RTC), Branch 154, in Pasig City, e...
Promulgated on 2004-10-18

442. CA GR SP 86846: United Asia Food Products, vs. NLRC, et al
The herein petition for certiorari suffers from certain fatal infirmities that warrant its outright dismissal....
Promulgated on 2004-10-18

443. CA GR SP 75247: Sps. Ernesto delos Reyes vs. Hon. Garcia, et al
Via this petition for certiorari, prohibition and mandamus with prayer for a temporary restraining order, the petitioners-spouses seek to nullify and set aside, as tainted with grave abuse of discretion, amounting to lack or excess of jurisdiction: (1) Th...
Promulgated on 2004-10-18

444. CA GR SP 85893: Benjie Calay, et al vs. Guillermo Hernandez, et al
A perusal of the records reveals the following defects: 1. The instant petition for certiorari from the decision of the Regional Trial Court, Branch 63, La Trinidad, Benguet, dismissing the petition for certiorari assailing the order of the Municipal Ci...
Promulgated on 2004-10-15

445. CA GR CR 27173: People vs. SPO3 Rodolfo Sison
The Court after going over the accused-appellant?s Motion for Reconsideration dated August 11, 2004 and the Comment of the Office of the Solicitor General thereto, finds that there are no new matters or arguments set forth in this instant motion which...
Promulgated on 2004-10-15

446. CA GR SP 85914: Nagkakaisang Lakas Ng Manggagawa sa Victory Liner, Inc., vs. Victory Liner, Inc.
The Court resolves to DISMISS the herein Petition for Review for failure to attach clear legible duplicate original or certified true copy of the assailed decision and copies of other documents which are necessary and pertinent to the petition referred th...
Promulgated on 2004-10-15

447. CA GR CV 48424: BPI Family Savings Bonk, Inc., vs. Remegio S. Ong and Carmen L. Ong
This is an appeal from the Decision dated October 7, 1994 of the Regional Trial Court of Manila, Branch 33 in Civil Case No. 92-63030 entitled ?BPI Family Savings Bank, Inc., plaintiff vs. Remigio S. Ong, Carmen L. Ong and John Doe, defendants? for replev...
Promulgated on 2004-10-15

448. CA GR SP 67438: MIRANT SUAL CORPORATION vs COMMISIONER OF INTERNAL REVENUE
Through a Petition for Review under Rule 43 of the 1997 Rules on Civil Procedure, petitioner seeks the partial reversal of the Decision dated July 18, 2001 rendered by the Court of Tax Appeals granting its claim for refund...
Promulgated on 2004-10-15

449. CA GR SP 85226: IMPERIAL vs GARCIA
This is a Petition for Certiorari under Rule 65 of the Rules of Court seeking to annul and set aside the Formal Charge issued by respondent against petitioner, docketed as Adm. Case No. 04-006, accusing him of gross neglect of duty...
Promulgated on 2004-10-15

450. CA GR CV 61988: Francisca Punay vs. Sps. Medardo and Purita Punay
This is an appeal from the decision of the Regional Trial Court, Branch 48, Urdaneta City, Pangasinan, the dispositive portion of which reads:...
Promulgated on 2004-10-15

451. CA GR CV UDK 9527: Duty Paid Import vs. Grand Multi Motors
For failure of defendants-appellants to pay the required docketing fees, the appeal interposed in this case is deemed abandoned and is accordingly DISMISSED....
Promulgated on 2004-10-15

452. CA GR CR 27278: People vs. Franco Antonio Servilleja
Accused-appellant Franco Antonio Sevilleja, together with Marco Francisco Sevilleja, Francisco Sevilleja and Emmanuel Martinez were charged before the Regional Trial Court, Branch 6, Aparri, Cagayan with the crime of Homicide committed as follows:...
Promulgated on 2004-10-15

453. CA GR SP 67697: TITAN MEGA BAGS INDUSTRIAL CORP. ET AL vs NATIONAL LABOR RELATIONS COMMISSION, ET AL
These two labor cases arose out of, and were filed by the two contending parties in, NLRC Case No. RAB-IV-12-10598- 98-C (CA No. 022803-00) entitled "SMC Quarry 2 WORKERS UNION-FSM CHAPTER, NOEL ORMA, et. al., Complainants, versus TITAN MEGA BAGS INDU...
Promulgated on 2004-10-15

454. CA GR SP 73017: BANAL III vs PANGANIBAN, ET AL
This petition for certiorari and prohibition filed under Rule 65 of the Rules of Court seeks to set aside and annul the Order of June 14, 2002 issued by herein respondent judge, Hon. Delia H. Panganiban of the RTC of Makati, Branch 64...
Promulgated on 2004-10-15

455. CA GR SP 69438: DAI-ICHI ELECTRONICS MFG., CORP vs NATIONAL LABOR RELATIONS COMMISSION, ET AL
This is a Petition for Certiorari under Rule 65 of the 1997 Rules of Civil Procedure which seeks to annul the Decision dated November 27, 2001 of public respondent, NLRC, Third Division, in NLRC Case No. 00-11- 10593-99....
Promulgated on 2004-10-15

456. CA GR CV 73445: JUGUETA vs JUGUETA, JR., ET AL
Before us is an appeal under Rule 41 of the Revised Rules of Court, assailing the Decision dated January 3, 2002 rendered by the Regional Trial Court of Mauban, Quezon, Branch 64...
Promulgated on 2004-10-15

457. CA GR CR 27405: People vs. Michael Fernando
Michael Fernando impugns the April 8, 2003 Decision of the Regional Trial Court of Baguio City, Branch 6, in Criminal Case No. 1847-R convicting him beyond reasonable doubt of the crime Estafa committed in the following manner:...
Promulgated on 2004-10-15

458. CA GR SP 77214: Venancio Sambar vs. Wrangler Apparel
Petitioner seeks reconsideration of Our Decision dated July 9, 2004 which dismissed the petition. We have once more reviewed the issues in the petition particularly as they relate to the motion for reconsideration and the comment thereto. We find no reas...
Promulgated on 2004-10-15

459. CA GR CV 69463: Ernestina Crisologo Jose vs. Land Bank of the Phil.
This is an appeal from the Decision dated September 8, 1999 rendered by the Regional Trial Court (RTC), Branch 33, Guimba,Nueva Ecija in Agrarian Case No. 962-G for Determination of Just Compensation, the dispositive portion of which reads:...
Promulgated on 2004-10-15

460. CA GR CV 73052: Reynaldo Alparoja vs. Jocelyn Palis
This is an appeal interposed by REYNALDO R. ALPAJORA hereafter appellant), from the Decision dated December 3, 2001 of the Regional Trial Court of Gumaca, Quezon, Branch 62, in Civil Case No. 2514-G for Nullity of Marriage, the dispositive portion of whi...
Promulgated on 2004-10-15

461. CA GR CV 78412: Aldine R. Aurin vs. Jaime Irene F. Jacinto Aurin
This is an appeal from the Decision dated November 26, 2001 rendered by the Regional Trial Court (RTC), Branch 19, Bacoor, Cavite, in Civil Case No. BCV-2000-122 for Declaration of Absolute Nullity of Marriage, the dispositive portion of which reads:...
Promulgated on 2004-10-15

462. CA GR SP 83626: ERnesto Bello et al vs. Ted S. Co
Before us is a petition for review of the March 12, 2004 Decision of the Regional Trial Court, Branch 211, Mandaluyong City, in SCA No. MC03-430-A, affirming the Decision of the Metropolitan Trial Court, Branch 59, also in Mandaluyong City, in Civil Case...
Promulgated on 2004-10-15

463. CA GR SP 77546: Heirs of Antonio Francia et al vs. Laureano Hermoso,et al
This is a Petition for Review under Rule 43 of the Revised Rules of Court seeking to nullify and set aside the decision dated April 21, 2003 issued by the Office of the President in O.P. Case No. 00-K-9301, entitled Laureano Hermoso and Miguel Banag vs. A...
Promulgated on 2004-10-15

464. CA GR SP 79813: Zosima Rosario vs. NLRC, et al
Before Us is a Petition for Certiorari under Rule 65 of the Rules of Court, Petitioner seeking to annul and set aside the 30 June 2003 Decision of the National Labor Relations Commission and its 29 August 2003 Resolution denying Petitioner s Motion for Re...
Promulgated on 2004-10-15

465. CA GR CV 63620: BA Finance Corp., vs. William Empire Glass
On appeal is the decision1 of the Regional Trial Court of Manila dated 4 September 1995, in Civil Case No. 133389, filed by BA Finance Corporation for sum of money2 against defendants William O and Adolfo Sy, the dispositive portion of which reads:...
Promulgated on 2004-10-15

466. CA GR CV 69318: Dominga Gabayan, et al vs. Pablo Velasquez, et al
Every possessor (whether in the concept of an owner or holder) is entitled to be respected in his possession; and should he be disturbed therein he shall be protected in said possession by means established by the laws and the Rules of Court....
Promulgated on 2004-10-15

467. CA GR CV 62002: Heirs of the late Sps. Fidel Rodriguez vs. Fil-estate Group
This resolves plaintiffs appeal from the decision1 dated 21 August 1998 of the Regional Trial Court of Cavite dismissing their complaint for recovery of possession with damages....
Promulgated on 2004-10-15

468. CA GR CV 77011: Remedios Buenaflor vs. Republic of the Philippines, et al
The State appeals from the Decision dated July 22, 2002 of the Metropolitan Trial Court, Branch 74, Taguig, Metro Manila in Land Registration Case No. 190, the dispositive portion of which reads:...
Promulgated on 2004-10-15

469. CA GR CV 80361: Liza Calizo et al vs. Alfonso Halili
Because of the adverse decision rendered by the court a quo, Defendant now comes to Us on appeal, praying for its reversal, that is, to be either remanded in order to give him another opportunity to present his evidence, or that this action for sum of mon...
Promulgated on 2004-10-15

470. CA GR CV 63184: Fidela Roque Pascula vs. Dr. Francisco Pascual, jr
Before us is an appeal from the Decision of the Regional Trial Court, Branch 144, Makati City, the dispositive portion of which reads:...
Promulgated on 2004-10-15

471. CA GR CV 60786: Fichte Penalosa vs. R.A. Nolido, et al
Before us is an appeal from the Decision of the Regional Trial Court, Branch 223, Quezon City, the dispositive portion of which reads:...
Promulgated on 2004-10-15

472. CA GR SP 72060: Mapua Institute vs. Architect Aristeo Garcia rep by FAMIT
Before us is a petition for review of the Decision of the Panel of Voluntary Arbitrators, National Conciliation and Mediation Board, Department of Labor and Employment, the dispositive portion of which reads:...
Promulgated on 2004-10-15

473. CA GR SP 81297: Honda Trading Phil., vs. Commissioner on Internal Revenue
This is a Petition for Review under Rule 43 of the 1997 Rules of Civil Procedure, as amended, which seeks the reversal of the Decision dated August 21, 2003 and the Resolution dated December 17, 2003 issued by the Court of Tax Appeals (hereafter CTA) in C...
Promulgated on 2004-10-15

474. CA GR SP 86660: Bagaberde Grill and Bar, et al., vs The NLRC, et al
The instant Petition With Prayer For A Temporary Restraining Order And Preliminary Injunction filed by the petitioners, through their counsel is ordered DISMISSED outright for the following reasons:...
Promulgated on 2004-10-15

475. CA GR SP 79147: Lameyra vs. Civil Service Commission, et al
After a thorough study of the Motion for Reconsideration filed by respondent Civil Service Commission in the above-entitled case, the Court finds no sufficient reason to deviate from its findings and conclusion reached in its Decision dated July 9, 200...
Promulgated on 2004-10-15

476. CA GR CV 78865: Publicis Dialog vs. Orlando Ortua
The appellant Publicis Dialog, Inc. (hereafter called Publicis for brevity), erstwhile called Publicis Communications and Marketing, Inc., sued the appellee Orlando R. Ortua (or Ortua) for Unfair Competition under Article 28 of the Civil Code, Damages. T...
Promulgated on 2004-10-15

477. CA GR CV 69774: Sps. Gustavo and Norma Aquino, vs. Republic
On 12 April 2002, this Court issued a Resolution expunging the appellees brief from the records for having been filed ninety-five (95) days late without an accompanying motion to admit; and ordering the reraffle of the case to a ponente for study and repo...
Promulgated on 2004-10-15

478. CA GR CV 77604: CRT Medical vs. Allan Cura
On August 21, 2000, the defendant-appellant Allan Cura (hereafter Cura for brevity) sent a letter-proposal to the plaintiff-appellee CRT Medical and Technological Services Corporation (or CRT Corp) for the development of a computerized application for...
Promulgated on 2004-10-15

479. CA GR SP 78003: Alexander Villarosa vs. Rudy G. Medina
Before us is an appeal by way of a petition for review assailing the validity of the resolution dated November 14, 2001 and order dated May 14, 2003, of the Board of Medicine of the Professional Regulatory Commission (PRC), which dismissed the petiti...
Promulgated on 2004-10-15

480. CA GR CV 52812: Nasser Salih Sharief, et al vs. San Diego
The present appeal seeks to reverse and set aside the decision dated May 5, 1995 of the Regional Trial Court of Quezon City, Branch 93, dismissing the plaintiffs-appellants complaint for annulment of real estate mortgage contract for lack of sufficient...
Promulgated on 2004-10-15

481. CA GR CV 76493: Maximiano Aguinaldo, et al vs. Sps. Samuel Chan
Maximiano Aguinaldo (hereafter Maximiano for brevity) and his son Emil Aguinaldo with his wife Barbara filed suit before the Regional Trial Court of Para?aque City (or RTC) against the spouses Samuel and Evelyn Chan (or the Chans unless individualized a...
Promulgated on 2004-10-15

482. CA GR CV UDK 9532: D.M. WENCESLAO & ASSOCIATES, vs. City of Paranaque, et al
For failure of plaintiff-appellant to pay the required docketing fees, the appeal interposed in this case is deemed abandoned and is accordingly DISMISSED....
Promulgated on 2004-10-15

483. CA GR SP 80469: Hi-Ace Wire and Cable vs. NLRC, et al
After a thorough study of the Motion for Reconsideration filed by petitioner in the above-entitled case, the Court finds no sufficient reason to deviate from its findings and conclusion reached in its Decision dated July 30, 2004. ACCORDINGLY, the Motion...
Promulgated on 2004-10-15

484. CA GR SP 80456: LANDCOM REALTY, vs. HON. MARIVIC T. BALISI-UMALI, et al
Before Us for resolution is a motion for reconsideration filed by herein petitioner, seeking reconsideration of Our July 28, 2004 Decision. After a careful review and evaluation of petitioner's arguments, We find no compelling or justifiable reason to...
Promulgated on 2004-10-14

485. CA GR SP 79177: RENATO Z. FRANCISCO, et al., vs. SSS, et al
Before Us for resolution is a motion for reconsideration filed by herein respondents, seeking reconsideration of Our June 17, 2004 Decision which gave due course to the petition....
Promulgated on 2004-10-14

486. CA GR CV 74089: Celia Ramos vs. Republic of the Philippines, et al
AT bench is an appeal from a Decision in an action for declaration of nullity of marriage based on psychological incapacity....
Promulgated on 2004-10-14

487. CA GR SP 86724: Lourdes Ilao, et al vs. Hon. Camilo Dumlao, et al
Petitioners, through the instant petition for certiorari under Rule 65 of the 1997 Rules of Civil Procedure, as amended, seek to annul and set aside, for having been issued with grave abuse of discretion, three (3) issuances of the public respondents in...
Promulgated on 2004-10-14

488. CA GR CV 81682: Socor Construction vs. Department of Public Works, et al
On September 3, 2004, plaintiff-appellee and defendantappellant filed a Joint Motion to Approve Compromise Agreement alleging that the parties entered into a Compromise Agreement dated July 9, 2004. The concluding portion of the Compromise Agreement pro...
Promulgated on 2004-10-14

489. CA GR SP 74377: LUCAS M. MANAGUELOD vs. NATIONAL POLICE COMMISSION and CIVIL SERVICE COMMISSION
Challenged in the present Petition for Certiorari and Prohibition are certain provisions of National Police Commission (NAPOLCOM, for brevity) Resolutions No. 2002-034 and No. 97-218,...
Promulgated on 2004-10-14

490. CA GR SP 77226: CARMELITA DE LA CRUZ, vs. GINORY HOLDINGS CORP.,
Before Us for resolution is a motion for reconsideration filed by herein petitioner on Our July 20, 2004 Decision which dismissed her petition....
Promulgated on 2004-10-14

491. CA GR CR 24622: Charlie Carlos, vs. People
Before Us is a Petition for Review (Rollo, p. 22) under Rule 42 of the revised Rules of Court, seeking a reversal of the Order (Rollo, p. 44), dated April 18, 2000, of the Regional Trial Court, Branch 41, Dagupan City, which dismissed the appeal in Crim...
Promulgated on 2004-10-14

492. CA GR SP 72215: Monsignor Pedro Quitorio, et al. vs. Hon. Lilia R. Bautista, et al.
Assailed in this Petition for Review is the Decision dated June 20, 2002 of the SEC en banc which motu propio dismissed petitioners' complaint for dissolution of CBCP Net Corporation docketed as SEC EB Case No. 06-02-1....
Promulgated on 2004-10-14

493. CA GR CV 71873: City of Caloocan vs. Basilia Manotok-de Dios, et al.
This is an appeal interposed by the defendant?appellants (1) Roman Catholic Archbishop of Manila (RCAM), on one hand, and (2) Basilia Manotok-De Dios, Pamposa Manotok-Pajarillo, Lucia Manotok-Macam ......
Promulgated on 2004-10-14

494. CA GR SP 81274: Phillippine School of Business Administration vs. NLRC, et al
Assailed in this Petition for Certiorari, as tainted with grave abuse of discretion, amounting to lack or excess of jurisdiction, are (1) the Resolution dated September 24, 2002 of public respondent, National Labor Relations Commission (NLRC), in NLRC NCR...
Promulgated on 2004-10-14

495. CA GR SP 64076: Teresito Largo, Jr vs. NLRC, et al
This is a petition for certiorari under Rule 42 of the 1997 Rules. Being a wrong mode the petition warrants outright dismissal. However, in the interest of justice and pursuant to the doctrine laid down in the case of St. Martin Funeral Homes vs. NLRC, We...
Promulgated on 2004-10-14

496. CA GR SP 81178: Security Bank vs. NLRC, et al
Before us is a Petition for certiorari, with prayer for the issuance of a temporary restraining order and/or writ of preliminary injunction dated 19 December 2003, under Rule 65 of the 1997 Revised Rules of Civil Procedure, seeking to set aside the Nati...
Promulgated on 2004-10-14

497. CA GR CR 26916: PEOPLE OF THE PHILIPPINES vs. MELCHOR LABANDA y JALMASCO
This is an appeal from the Decision dated November 22, 2002 of the Regional Trial Court, Branch 109, Pasay City, in Criminal Case No. 95-7576, entitled "People of the Philippines vs. Melchor Labanda y Jalmasco", for Qualified Theft, the dispositive po...
Promulgated on 2004-10-14

498. CA GR SP 70875: Marcopper Mining, vs. NLRC, et al
This petition for certiorari was filed by Marcopper Mining Corporation (hereafter Marcopper for brevity), assailing the Resolution dated February 28, 2002 dismissing its appeal, and the Order of April 16, 2002 denying its reconsideration, issued by the r...
Promulgated on 2004-10-14

499. CA GR SP 81850: William Uy Construction vs. NLRC, et al
Before the Court is a Petition for Certiorari under Rule 65 of the Rules of Court, with an application for the issuance of a Temporary Restraining Order and/or a Writ of Preliminary injunction, seeking the annulment of the 07March 2003 Resolution...
Promulgated on 2004-10-14

500. CA GR SP 54244: MARFIS Garments, et al, vs. NLRC, et al
Petition for certiorari to annul and set aside the February 26, 1999 and June 9, 1999 Resolutions of the National Labor Relations Commission (NLRC) in NLRC Case No. 9-8414-96-R entitled Jennifer Sullera and Jennielyn Limbo, Complainants-Appellants, versu...
Promulgated on 2004-10-14

501. CA GR SP 86868: DEL PILAR ACADEMY EMPLOYEES UNION vs NLRC, DEL PILAR ACADEMY, ET AL
Contrary to the allegation of ANNIE G. FRANCIAL that a Board Resolution is attached to the petition showing her authority to sign the Verification and Certification of non-forum shopping, no copy of the said alleged Board Resolution is attached to the...
Promulgated on 2004-10-14

502. CA GR SP 80253: Silvestre Aguirre vs. Development Bank of the Philippines et al
The present petition seeks to annul and set aside the decision dated August 5, 2003,rendered by the Regional Trial Court of Masbate City, Branch 47, in SP Civil Action No. 5496, denying due course to the petition for mandamus which was filed by the peti...
Promulgated on 2004-10-14

503. CA GR SP 76056: Formostar Garments, et al vs. NLRC, et al
This is a petition for certiorari with a prayer for the issuance of a temporary restraining order, seeking to annul and set aside the decision, dated 22 November 2002, of the public respondent National Labor Relations Commission (NLRC), in NLRC NCR CA No....
Promulgated on 2004-10-14

504. CA GR SP 81775: Rogelio Bardaje vs. Mr. Regan sy, et al
This is a petition for certiorari seeking to annul and set aside the decision, dated 10 July 2003, of the public respondent National Labor Relations Commission, in NLRC NCR CA No. 028936-01 NLRC NCR-00- 09-09800-99, which on appeal reversed the decisio...
Promulgated on 2004-10-14

505. CA GR CR 26246: PEOPLE OF THE PHILIPPINES vs MONINA PUCAY,
The present appeal seeks a reversal of the Decision dated June 11, 20013 of Branch 104, Regional Trial Court, Quezon City in Criminal Case No. Q-93-41118, convicting appellant Monina Pucay of the crime of estafa under paragraph 1(b), Article 315, Revis...
Promulgated on 2004-10-14

506. CA GR CV 68871: BSA SAVINGS BANK, INC. vs ROMEO T. MOLINA
This is an appeal from the Decision dated 26 September 2000 in Civil Case No. 98-150 of the Regional Trial Court of Makati City, the dispositive portion of which reads as follows:...
Promulgated on 2004-10-14

507. CA GR SP 81385: E. Ganzon, Inc. vs. United Coconut Planters Bank, et al.
Herein petition for review under Rule 43 of Rules of Civil Procedure seeks the reversal of the decision of the Bangko Sentral ng Pilipinas (BSP) dated September 16, 2003, which dismissed petitioner's administrative complaint against the United Coconut P...
Promulgated on 2004-10-14

508. CA GR SP 79692: CARMEN LUBATON, ET AL vs HON. FRANCISCO A. QUERUBIN, ET AL
Petitioner Carmen Lubaton filed before Us a "Petition for Review on Certiorari" under Rule 65 of the Revised Rules of Court seeking to set aside the May 29, 2003 Order affirming in toto the March 8, 2002 decision of the Municipal Trial Court of Antipol...
Promulgated on 2004-10-14

509. CA GR SP 86673: Gutierrez, et al., vs. Alameda, et al
This Petition for Certiorari and Mandamus faces outright dismissal on the following grounds:...
Promulgated on 2004-10-14

510. CA GR SP 86461: ESTRELLA G. JUSTO, et al.,vs THE HON. PRESIDING JUDGE RTC Branch 121, Caloocan City, et al.
Out of the fifteen (15) petitioners, only three (3) signed the Verification and Certification against forum shopping, without showing or indicating that they are duly authorized to represent the other twelve (12) petitioners....
Promulgated on 2004-10-14

511. CA GR SP 81142: Michael Syiako vs. Hon. Simeon Datumanong, et al
Via this special civil action of certiorari, Michael Syiaco seeks to nullify the resolution issued on July 16, 2003 by then Sec. Simeon A. Datumanong of the Department of Justice, reversing the finding of probable cause made by the City Prosecutor of Pas...
Promulgated on 2004-10-14

512. CA GR SP 81590: ACE NAVIGATION COMPANY INC. ET AL vs NLRC, ET AL
This is a petition for certiorari under Rule 65 of the Rules of Civil Procedure assailing the order dated October 27, 2003 of public respondent Labor Arbiter Dolores M. Peralta-Beley suspending the resolution of the petitioners motion to dismiss....
Promulgated on 2004-10-14

513. CA GR SP 84953: Angela Taguinod, et al vs. Office of the President, et al
This is a petition for review under Rule 43 seeking to reverse and set aside the Decision dated June 30, 2003 of the Office of the President (OP) reversing the decision rendered by the Secretary of the Department of Environment and Natural Resources...
Promulgated on 2004-10-14

514. CA GR SP 80867: PEREZ vs ACE NAVIGATION CO., INC., ET AL
Before Us is a petition for certiorari under Rule 65 of the Rules of Court which seeks to reverse and set aside the February 26, 2003 Decision of public respondent NLRC, 1st Division in NLRC NCR CA No. 014702-98....
Promulgated on 2004-10-13

515. CA GR CR 23253: People of the Philippines vs. Simplicio REgio y Moreno
The accused-appellant appeals the January 29, 1999 decision rendered by the Regional Trial Court of Boac, Marinduque, Branch 38, in Criminal Case No. 31-97....
Promulgated on 2004-10-13

516. CA GR SP 86723: Demetrio Pulanco, et al vs. Office of the President, et al
A perusal of this petition indicates that: 1. Only seven (7) out of the ten (10) petitioners signed the verification/certification against forum shopping;...
Promulgated on 2004-10-13

517. CA GR CR 25014: People of the Philippines vs. Vinluan
The accused appeals the decision of the Regional Trial Court of San Carlos City, Pangasinan, Branch 56 convicting him of the crime of Homicide, the dispositive portion of which reads thus:...
Promulgated on 2004-10-13

518. CA GR CR 22920: People of the Philippines vs. Nerie Villanueva et al
On appeal is the decision of the Regional Trial Court of Lucena City, Branch 59, in Criminal Case No. 94-431 dated August 12, 1997 finding the accused-appellants guilty beyond reasonable doubt of Homicide, for the death of Abelardo Ricohermoso....
Promulgated on 2004-10-13

519. CA GR CR 28686: People vs. Efren Paglinawan, et al
Filed before the Court is the accused-appellants? Appeal from the Decision, dated June 11, 2004, of the Regional Trial Court, Calabanga, Camarines Sur, Branch 63....
Promulgated on 2004-10-13

520. CA GR SP 78701: DRAGON REALTY COMPANY, ET AL vs PRESIDING JUDGE RTC OF MANILA, BRANCH 4, ET AL
This petition for certiorari under Rule 65 of the Rules of Court with prayer for temporary restraining order, preliminary injunction and permanent injunction...
Promulgated on 2004-10-13

521. CA GR SP 77743: SHU TANIMOTO, vs. EUGENIO EVANGELISTA,
This is a Petition for Review under Rule 42 of the 1997 Rules of Civil Procedure. Petitioner seeks the nullification of the October 16, 2002 Order of the Regional Trial Court of Quezon City which dismissed his appeal for failure to submit a Memorandum...
Promulgated on 2004-10-13

522. CA GR CV 71121: Harriet C. Cabreros vs. The Estate of Julia Laoyan
Before Us is an appeal from the Order1 dated March 14, 2001 of the Regional Trial Court of La Trinidad, Benguet, Branch VIII, in Civil Case No. 2K-CV-1533...
Promulgated on 2004-10-13

523. CA GR SP 86831: Ronnie Laudico vs. Alexis Lorenzo Mitjavile
The petitioner s Urgent Motion for Reconsideration of our resolution dated October 13, 2004 compelled us to review the petition and its annexes as well as the respondents Comment thereto to find out if we committed an error in dismissing the petition....
Promulgated on 2004-10-13

524. CA GR SP 82740: Rosalinda Mendoza vs. NLRC, et al
Before this Court is a Petition for Review on Certiorari under Rule 65 of the Rules of Court filed by Rosalinda I. Mendoza (herein petitioner) which seeks to reverse and set aside: (1) the May 30, 2001 Decision1 of Labor Arbiter Daisy G. Cauton-Barcelo...
Promulgated on 2004-10-13

525. CA GR SP 76210: EXTRAORDINARY DEVELOPMENT CORP vs LARA, ET AL
Assailed in this petition for certiorari is the decision dated December 27, 2002 of public respondent National Labor Relations Commission (NLRC) affirming the decision dated October 18, 1999 of Acting Executive Labor Arbiter Pedro C. Ramos....
Promulgated on 2004-10-13

526. CA GR SP 86707: Antonio Alfaro vs. NLRC, et al
This is a Petition for Certiorari under Rule 65 of the 1997 Rules of Civil Procedure seeking to reverse and set aside the March 26, 2004 Resolution1 of the public respondent dismissing the petitioner?s appeal as well as the May 20, 2004 Resolution...
Promulgated on 2004-10-13

527. CA GR CR 28573: People vs. Olivio Buenafe
On 11 August 2004, this Court sent notice to counsel for accused-appellant requiring him to file an appellant s brief within thirty days from receipt thereof. On 17 August 2004, in lieu of an appellant s brief, accused appellant filed a motion praying th...
Promulgated on 2004-10-13

528. CA GR CV 78236: SPOUSES NELDIA, et al., vs. JOSE BENITO, et al
Before Us for resolution is a Motion for Reconsideration filed by defendants-appellants on August 31, 2004 (pages 33-44 of the Rollo), on Our Decision (promulgated on August 02, 2004), modifying the lower court s decision (page 10 of the Assailed Decisi...
Promulgated on 2004-10-13

529. CA GR SP 81007: Lamco International Tading, vs. NLRC, et al
Before this Court is a Petition for Certiorari filed by Lamco International Trading Co., Inc. imputing grave abuse of discretion amounting to lack or excess of jurisdiction on the part of the National Labor Relations Commission in rendering the assail...
Promulgated on 2004-10-13

530. CA GR SP 79198: LORENZO SUNIEGA, ET AL vs OFFICE OF THE PRESIDENT, ET AL
This is a petition for review under Rule 43 of the Revised Rules of Civil Procedure of the Decision dated June 25, 2003 and Order dated August 25, 2003 of the Office of the President, which set aside the Orders dated July 12, 1996 and December 12, 1996...
Promulgated on 2004-10-13

531. CA GR SP 78973: Jose Cabral vs. Hon. Sto. Tomas, et al
This petition for certiorari under Rule 65 seeks to annul the Order dated 30 July 20032 issued by public respondent Secretary of the Department of Labor and Employment (DOLE) in POEA Case No. DAW 9712-0595 entitled Philimare Shipping and Equipment Supply,...
Promulgated on 2004-10-13

532. CA GR CV 62198: Heirs of Elias Bergantin vs. Ariel Dimaiwat, et al
The negligence of an employee as well as the employer s liability therefor are at the heart of this appeal from the Decision dated December 18,1998 of the Regional Trial Court of Iriga City, Branch 35, in Civil Case No. IR-2448,1 the decretal portion of...
Promulgated on 2004-10-13

533. CA GR SP 86748: Teletrade Corp., vs. Artman, et al
Going over the herein petition for review filed under Rule 43 of the 1997 Rules of Civil Procedure which assails the October 3, 2000 Decision of the Mines Adjudication Board (MAB) and its subsequent Resolution dated August 31, 2004 denying herein petition...
Promulgated on 2004-10-13

534. CA GR CR 24464: People vs. Ernesto Danao, Jr. y Hechon
Accused-appellant Ernesto Danao, Jr. y Hechon (Ernesto) appeals from the Decision1 of the Regional Trial Court of Olongapo City, Branch 72, which found him guilty of violation of Section 5(b), Article III of Republic Act No. 7610, otherwise known as the...
Promulgated on 2004-10-13

535. CA GR SP 49864: R. TRansport Corp., vs. Hon. Manalastas, et al
This is an appeal, by way of petition for review, from the decision of the Regional Trial Court, Branch 268, Pasig City in Civil Case No. 66731, entitled, Metro Manila Retreaders, Inc., Plaintiff versus, R-Transport, Inc., Defendant or sum of money, whic...
Promulgated on 2004-10-13

536. CA GR SP 85541: Romeo Balangue, et al, vs. the Hon. Presiding Judge, RTC Branch 75, et al
Before us is a petition for annulment of the Decision dated October 17, 2000 of the Regional Trial Court of Valenzuela City, Branch 75, in Civil Case No. 241-V-99, the dispositive portion of which pertinently reads:...
Promulgated on 2004-10-13

537. CA GR CR 27333: PEOPLE OF THE PHILIPPINES vs MARILYN OCAMPO CUNA
This is an appeal from the decision of the Regional Trial Court of Baguio City insofar as it finds accused-appellant guilty beyond reasonable doubt of four counts of estafa, defined and penalized under Article 315 (1) (b) of the Revised Penal Code in...
Promulgated on 2004-10-13

538. CA GR CR 26961: PEOPLE OF THE PHILIPPINES vs DEL ROSARIO
This is an appeal seeking for the nullification and reversal of the Decision dated 18 November 2002 rendered by the Regional Trial Court, Branch 109 of Pasay City in Criminal Case No. 93- 3298...
Promulgated on 2004-10-13

539. CA GR CV 78225: MANUEL B. ALORIA, vs. ESTRELLITA B. CLEMENTE, et al
Before Us for resolution is a Motion for Reconsideration filed by plaintiff-appellee on August 13, 2004 (pages 105-111 of the Rollo), on Our Decision (promulgated on July 26, 2004), reversing the lower court s decision (page 9 of the Assailed Decision; pa...
Promulgated on 2004-10-13

540. CA GR SP 85613: Gen. Santos Coca-cola Plant vs. Coca-cola Bottling Phil. et al
Petitioner invokes the extraordinary writ of Certiorari under Rule 65 of the 1997 Rules of Civil Procedure and assails the Resolution dated 30 December 2003 of public respondent in NLRC CA No. M-007281-2002....
Promulgated on 2004-10-13

541. CA GR SP 75440: Eugene Avenido vs. Norseman Co., Inc., et al
Before this court is a special civil action for certiorari under Rule 65 of the Revised Rules of Court seeking to reverse and set aside the decision of Voluntary Arbitrator Guillermo R. Viojan dated November 29, 2002 in Voluntary Arbitration Case No. 0...
Promulgated on 2004-10-13

542. CA GR SP 78365: WESTERN PANGASINAN FEDERATION OF MULTI-PURPOSE COOPERATIVES vs. HERNANDO, JR. ET AL
In this petition for certiorari, the petitioner seeks to nullify and set aside the orders dated November 22, 2002 and February 26, 2003, dismissing its appeal and denying its motion for reconsideration, respectively, in relation to the subject civil...
Promulgated on 2004-10-13

543. CA GR SP 52690: Teofila Aragoncillo vs. Antonio Ruiz
Teofila Aragoncillo, the petitioner, is an occupant of a portion of a building situated on a land that Antonio Ruiz, respondent, bought from the spouses Felizardo and Willia Magdaraog, in whose names it is titled....
Promulgated on 2004-10-13

544. CA GR SP 80853: EASTRIDGE GOLF CLUB, INC., ET AL vs NLRC, EASTRIDGE GOLF CLUB, INC., ET AL
This is a petition for certiorari assailing the decision of public respondent National Labor Relations Commission (NLRC) dated May 21, 2003 dismissing the complaint of petitioners Eastridge Golf Club Labor Union-Super, etc., et al. and its resolution d...
Promulgated on 2004-10-13

545. CA GR SP 76117: DMJ INTERNATIONAL, vs. NLRC, et al
On June 2, 2003, this Court issued a Resolution requiring petitioner to furnish respondent s counsel Atty. Noel B. Cruz with a copy of the petition and its annexes within five days from notice. This directive was reiterated in Our Resolution dated March...
Promulgated on 2004-10-13

546. CA GR CR 27902: NGUYEN VAN LAN, vs. NGUYEN NGOC PHAT,
For failure of the appellant to file his brief within the extended period granted by this Court, the appeal is considered ABANDONED and accordingly DISMISSED pursuant to Section 8, Rule 124 of the Rules of Court....
Promulgated on 2004-10-13

547. CA GR SP 79358: LEOPOLDO VENTURA, et al., vs. ALFREDO DIWA,
Petition for review under Rule 42 of the Rules of Civil Procedure seeking to reverse and set aside the Decision dated August 27, 2003 of the Regional Trial Court of Caloocan City, Branch 126, in Civil Case No. C-20299, which affirmed in toto the Decision...
Promulgated on 2004-10-13

548. CA GR CV 80827: Heirs of Sps. Mauro Borja vs. Republic of the Philippines
In view of the Manifestation filed by the oppositor-appellant, through the Office of the Solicitor General, stating that it is no longer pursuing the appeal, this case is hereby declared CLOSED and TERMINATED....
Promulgated on 2004-10-13

549. CA GR SP 86738: CARLITO BOYOSE, vs. NLRC, et al
Before this Court is a petition for certiorari which seeks to annul and set aside the Resolution dated March 15, 2004 of the National Labor Relations Commission (NLRC) in NLRC CA No. M- 007756-2003 as well as its Resolution dated June 30, 2004 denying p...
Promulgated on 2004-10-13

550. CA GR SP 86730: HOMERO B. PLAZA, et al vs. NLRC, et al
Before Us is a Petition for Certiorari which seeks to annul and set aside the Resolution dated June 30, 2004 of the National Labor Relations Commission (NLRC) in NLRC CA No. M-007882-2004, which reversed and set aside the decision of the Labor Arbiter in...
Promulgated on 2004-10-13

551. CA GR SP 84565: DANILO V. ALBANO, vs. JUDGE VIRGINIA HOFILENA EUROPA,, et al
Before Us is a Manifestation with Motion filed by petitioner praying for the dismissal of the instant petition for having become moot and academic in view of the amicable settlement by the parties of Civil Case No. 30,026-03, as shown in the Compromise Ag...
Promulgated on 2004-10-13

552. CA GR SP 76840: Fortunato B. Cruz vs. The Securities and Exchange Commission, et al
As an appointed Rehabilitation Receiver, petitioner was tasked to principally monitor the implementation of the approved ASB Holdings, Inc.?s Rehabilitation Plan. In the course of his engagement, petitioner was asked to facilitate the approval and early r...
Promulgated on 2004-10-13

553. CA GR SP 76108: Florencio Asur, et al vs. Sps. Rogelio and Gloria Romero
This is a Petition for Review from the Decision dated February 21, 2003 of the Regional Trial Court of Tabaco City, Branch 17 in Civil Case No. T-2230, affirming the Decision dated July 19, 2002 of the Municipal Circuit Trial Court of Tiwi-Malinao, Tiwi,...
Promulgated on 2004-10-13

554. CA GR CV 52786: Philippine Charter Insurance Corp., vs AsianTerminalsm Inc
Before this Court is an appeal from the decision of the Regional Trial Court of Manila, Branch 30, dated October 16, 1995, in Civil Case No. 92- 60208, the dispositive portion of which reads as follows:...
Promulgated on 2004-10-13

555. CA GR SP 59723: Ambulatory Health Care Institute, Inc., vs. ATN Holdings, Inc.
Sufficiency of cause of action is at the heart of this petition for review filed pursuant to Rule 43 of the 1997 Rules of Civil Procedure, assailing the June 6, 2000 decision issued en banc by the Securities and Exchange Commission (SEC) in SEC-AC 693, wh...
Promulgated on 2004-10-13

556. CA GR SP 85077: RADPHIL Corp. vs Vol. Arb. Edmundo Marifosque, Sr., et al.
For being a prohibited second Motion for Reconsideration, petitioner's Motion for Reconsideration dated October 26, 2004 is DENIED. Moreover, We find the reason contained therein as not justifiable enough to apply the liberality rule. Utter disregard of t...
Promulgated on 2004-10-13

557. CA GR SP 81875: VILLAREAL, vs. HON. LEONCIA-REAL, et al
Petition for certiorari under Rule 65 of the Rules of Civil Procedure assailing, on the ground of grave abuse of discretion, the Order dated December 29, 2003 of the Regional Trial Court, Branch 194, Paranaque City, in consolidated cases nos. 02-0538; 0...
Promulgated on 2004-10-13

558. CA GR SP 77609: Nestor Mendoza vs. Hon. Presiding Judge, Branch 90, et al
Assailed by certiorari are the order dated December 9, 2002 granting support pendente lite to the private respondent; and the order dated March 21, 2003 denying the petitioner s motion for reconsideration, both issued in Civil Case No. 2532-02 entitled J...
Promulgated on 2004-10-13

559. CA GR SP 82375: Land Bank of the Phil., vs. Sps. Vicente Estanislao, et al
Before this Court is a Petition for Review1 pursuant to Rule 42 of the 1997 Rules of Civil Procedure assailing the October 8, 2003 Decision2 of the Regional Trial Court (RTC) of Bataan, Branch 1, Balanga City, sitting as a Special Agrarian Court (SAC) w...
Promulgated on 2004-10-13

560. CA GR SP 82950: Maria Baylon vs. Kaunlaran Neighborhood Association
This is a petition for review filed by defendant-appellant Maria Baylon (Baylon) from the February 18, 2004 Decision of the Regional Trial Court (RTC) of San Mateo, Rizal, Branch 77, in Civil Case No. 1798, which affirmed the decision of the Municipal Tri...
Promulgated on 2004-10-13

561. CA GR CR 28054: People vs. ERICSON BATILES
Accused-appellant filed a Motion to Withdraw Appeal stating that he is no longer interested in pursuing his appeal. Record shows that appellant s counsel had earlier filed a Withdrawal of Appearance bearing the express conformity of appellant Batiles....
Promulgated on 2004-10-13

562. CA GR SP 78761: Molina et al vs. Abundio Dewites, et al
Before this Court is a petition for annulment of judgment under Rule 47 of the Rules of Court which seeks to annul and set aside the Decision dated October 10, 2002 rendered by the Regional Trial Court (RTC), Branch 27, Gingoog City, in Civil Case No. 20...
Promulgated on 2004-10-13

563. CA GR SP 81912: Suharto Midtimbang vs. Hon. Concha, et al
Before this Court is a petition for certiorari with prayer for temporary restraining order and/or writ of preliminary injunction under Rule 65 of the Rules of Court which seeks to annul and set aside the Order of the Regional Trial Court (RTC) of Cotaba...
Promulgated on 2004-10-13

564. CA GR CR 26951: People vs. Flordeliza Manuel
Before us is a Motion for Reconsideration filed by accused-appellant on July 20, 2004 of our Decision promulgated on June 25, 2004....
Promulgated on 2004-10-13

565. CA GR SP 58729: Annabel Yancha et al vs. NLRC, et al
Before this Court is a petition for certiorari under Rule 65 of the Rules of Court which seeks to annul and set aside the Decision dated October 29, 1999 rendered by the National Labor Relations Commission (NLRC), Fifth Division, Cagayan de Oro City, i...
Promulgated on 2004-10-13

566. CA GR SP 79900: Emma Requiz vs. Nelson delos Angeles, et al
Considering the report of the Civil Docket Section that no appellant s brief was filed within the extended period granted, the appeal is deemed ABANDONED and DISMISSED pursuant to Sec 1 (e), Rule 50 of the 1997 Rules of Civil Procedure....
Promulgated on 2004-10-13

567. CA GR CV 79850: S.J.M. REALTY , vs. NEXTEL COMMUNICATIONS, et al
Defendants appeal from the Decision dated 10 March 20031 of the Regional Trial Court of Manila, Branch 3 in Civil Case No. 01-101536 for Injunction and Damages, the dispositive portion of which reads:...
Promulgated on 2004-10-13

568. CA GR CV 79311: Francesco A. Manalo vs. Republic of the Philippines
On appeal is the Decision, dated March 27, 2003, of the Regional Trial Court (RTC) of Capas, Tarlac, Branch 66, rendered in Sp. Proc. No. 221-C-02....
Promulgated on 2004-10-12

569. CA GR SP 73935: Prince TEXTILE MILLS, INC., vs. Hon. Sto Tomas, et al
Through this Petition for Certiorari under Rule 65 of the 1997 Revised Rules of Civil Procedure, petitioner Prince Textile...
Promulgated on 2004-10-12

570. CA GR CV 68760: MONINA S. PLAN vs SPS. BENIGNO and ESTEFANIA BORJA
Defendants-appellants are the registered owners of Lots 1, 3, and 4 covered by Transfer Certificate of Title Nos. T-93803, T-93805 and T- 93806, respectively, located at San Gabriel, Tuguegarao, Cagayan....
Promulgated on 2004-10-12

571. CA GR CV 63601: LLORINA H. CASTILLO vs BOBBY WENCESLAO G. CASTILLO
On appeal to Us is the decision of the Regional Trial Court, Branch 89 of Quezon City in Civil Case No. Q-95-24730 for annulment of marriage on the ground of psychological incapacity allegedly suffered by petitioner's husband. The dispositive portion o...
Promulgated on 2004-10-12

572. CA GR CR 26267: Augusto Arevalo vs. People of the Philippines
Before us is a petition for review of the Decision of the Regional Trial Court, Branch 7, Legazpi City, which affirmed the Decision of the Municipal Trial Court in Cities, Branch 1, Legazpi City finding petitioner guilty of falsification of public docu...
Promulgated on 2004-10-12

573. CA GR SP 79882: Carlos Romero vs. Hon. Presiding Judge, RTC Manila, Br. 20, et al.
Before us is a petition for review under Rule 42 of the 1997 Rules of Civil Procedure of the decision dated April 30, 2003 of the Regional Trial Court, Branch 20, Manila in Civil Case No. 03-105454, which affirmed in toto the decision of the MeTC....
Promulgated on 2004-10-12

574. CA GR CR 27328: People of the Philippines vs. William Sauquillo y Ramos
On appeal is the Decision, dated February 18, 2003, of the Regional Trial Court (RTC) of Las Pinas City, Branch 197, rendered in Criminal Case No. 01-0911....
Promulgated on 2004-10-12

575. CA GR SP 83837: RUSSEL TOLENTINO vs HON. ELSA DE GUZMAN, ET AL
In his Manifestation dated September 7, 2004, the petitioner prays for the dismissal of his petition on the ground that the case below, where he was the defendant, and from which the petition arose was ordered dismissed by the respondent court...
Promulgated on 2004-10-12

576. CA GR CR 27476: PEOPLE OF THE PHILIPPINES vs.JHOPER DUMAWING y AGUSTIN
Indicted for the crime of Robbery with Intimidation, under an Information reading:...
Promulgated on 2004-10-12

577. CA GR CV 72079: Constancia de Peralta, et al vs. Rosalinda Hadoc
Before us is the appeal filed by defendant-appellant Rosalinda J. Hadoc (Rosalinda) from the decision dated May 23, 2001 of the Regional Trial Court (RTC), Branch 23, Candon, Ilocos Sur, in Civil Case No. 751-C for Quieting of Title. The dispositive port...
Promulgated on 2004-10-12

578. CA GR SP 65419: APOLINAR ALFONSO, ET AL vs MARIA FERRER
This is a petition for review with prayer for the issuance of a writ of preliminary injunction under Rule 42 of the 1997 Rules of Civil Procedure filed by petitioners Apolinar Alfonso and Rosario del Mundo to review the Decision of the Regional Trial...
Promulgated on 2004-10-12

579. CA GR CV 66920: MA. ANA N. TAMONTE, ET AL vs HONGKONG & SHANGHAI BANKING CORP., LTD., ET AL
This is an appeal from the Order dated January 8, 1998 of the Regional Trial Court, Branch 274, Paranaque, Metro Manila, which dismissed the complaint docketed as Civil Case No. 97-0518, entitled: "Ma. Ana N. Tamonte and Edilberto A. Tamonte, Plaintif...
Promulgated on 2004-10-12

580. CA GR SP 79782: Salvador Totaan, et al., vs Hon. Divina Luz Simbulan, et al
Before this Court is a Petition for Certiorari dated 07 October 2003, under Rule 65 of the 1997 Revised Rules of Civil Procedure, with prayer for the issuance of a temporary restraining order/injunction, assailing the following Orders issued by the Reg...
Promulgated on 2004-10-12

581. CA GR SP 77304: Republic et al., vs. Hon. N.C. Perello, et al
Before this Court is a Petition for certiorari and prohibition (with urgent prayer for the issuance of a temporary restraining order and/or writ of preliminary injunction) dated 06 May 2003, filed under Rule 65 of the 1997 Revised Rules of Civil Procedu...
Promulgated on 2004-10-12

582. CA GR CV 77754: FGU Insurance Corp. vs. Glory Navigation Co., Ltd., et al.
This is an appeal from the Decision dated December 21, 2001 of the Regional Trial Court of Makati City, Branch 141 in Civil Case No. 93-1130 for Sum of Money....
Promulgated on 2004-10-12

583. CA GR SP 79263: PHILIPPINE SAVINGS, vs. CHARLES YU KOCK L. Tan, et al
This Petition for Certiorari under Rule 65 of the 1997 Rules of Civil Procedure seeks the nullification of the June 18, 2003 Decision of herein public respondent in LRC Case No. LP-02-0021, which denied herein petitioner s Ex-Parte Motion for Immediate im...
Promulgated on 2004-10-12

584. CA GR SP 81809: Wardly Commercial vs. Hon. Cornejo, et al
This petition for certiorari with prayer for a writ of preliminary injunction and temporary restraining order (TRO) seeks to nullify and set aside, as tainted with grave abuse of discretion, amounting to lack or excess of jurisdiction:(1) Her Honor s Ord...
Promulgated on 2004-10-12

585. CA GR CV 67055: Emilia Raagas, et al vs. Intestate Estate of Estela Borja
On appeal is the Decision dated March 31, 2000 of the Regional Trial Court of Pasig City, Branch 267 in Civil Case No.66617, dismissing the complaint filed by the plaintiffs against the defendants for lack of merit....
Promulgated on 2004-10-12

586. CA GR SP 81522: Sese vs. Prieto
For Our consideration is respondent's Manifestation and Motion dated March 4, 2004 which states that petitioner's Motion for Extension of Time to File Petition for Review was filed beyond the reglementary period thereby rendering the decision of the Regio...
Promulgated on 2004-10-12

587. CA GR CV 73217: Sps. Vivencio Sauquillo, vs. Nancy Montero
Appeal from the Decision1 of the Regional Trial Court, Branch 70, Pasig City in Civil Case No. 67758, sustaining plaintiffsappellees complaint, and granting them the reliefs therein prayed for....
Promulgated on 2004-10-12

588. CA GR CV 71368: Sps. Antonio Aromin vs. Josefina Estigoy
The appellants spouses Antonio Aromin and Gregoria Aromin represented by their attorney-in-fact Julieta Hizon (hereafter the Aromins for brevity) filed a case against the appellee Josefina Estigoy (or Estigoy) for Recovery of Ownership and Possession of...
Promulgated on 2004-10-12

589. CA GR SP 63690: Laruscain vs. Hon. Purganan, et al
Inconsiderate dismissals, even if without prejudice, do not constitute a panacea nor a solution to the congestion of court dockets; while they lend a deceptive aura of efficiency to records of individual judges, they merely postpone the ultimate reckonin...
Promulgated on 2004-10-12

590. CA GR SP 74465: ALICE K. TANCO, et al., vs. VICENTE ADRIANO
To borrow the words of Justice Josue N. Bellosillo: THE TENANCY CRISIS IN THE PHILIPPINES is not just of recent vintage. History is replete with instances where tenant-farmers, relegated to a life of perpetual bondage, have rushed onto the battlefield wit...
Promulgated on 2004-10-12

591. CA GR CV 70203: MBL Factors and TRaders vs. Asian Construction
We have carefully perused the Motion for Reconsideration filed by defendant-appellant through counsel of Our Decision dated February 27, 2004 and find no cogent or compelling reason to reconsider the same....
Promulgated on 2004-10-12

592. CA GR CV 64153: Keys of Kingdom Ministries vs. Adela Mendoza
Acting on defendant-appellant's Motion for Reconsideration of Our Decision dated March 29, 2004, the Court finds no new matter which were not taken into consideration in arriving at the said decision and/or which would warrant a reversal or modification...
Promulgated on 2004-10-12

593. CA GR SP 80338: Beatriz Abenojar, et al vs. Heirs of Maria Mari
Assailed in this petition for certiorari, as tainted with grave abuse of discretion, amounting to lack or excess of jurisdiction, are: (1) The Decision dated August 7, 2002 of the Regional Trial Court of Urdaneta City, Branch 48; (2) The Writ of Execution...
Promulgated on 2004-10-12

594. CA GR CR 27475: People vs Juvy Arnaiz y Sorita
Before appellant, Juvy Arnaiz y Sorita, could have filed the appellant's brief, this Court was in receipt of an "Urgent Manifestation With Motion To Withdraw Appeal" attaching a handwritten letter signed by the appellant addressed to his handling PAO la...
Promulgated on 2004-10-12

595. CA GR CV 70901: Esperas vs. Alivio
An accused acquitted of estafa may nevertheless be held civilly liable where the facts established by the evidence so warrant....
Promulgated on 2004-10-12

596. CA GR SP 78819: Marina Dayrit vs, Philipine Bank of Commerce, et al
This petition for certiorari seeks to nullify and set aside, as tainted with gave abuse of discretion, amounting to lack or excess of jurisdiction: (1) The Writ of Possession dated August 21, 2003 and (2) The Notice to Vacate dated August 25, 2003, both i...
Promulgated on 2004-10-12

597. CA GR CV 69628: Lydia Aquino, vs. Bisig Kabataan Homeowner's Association, Inc.
This is an appeal by defendant-appellant Bisig ng Kabataan Homeowners Association, Inc. from the Decision (Records, 204-208) of the Regional Trial Court of Caloocan City, Branch 125, in Civil Case No. C-18606 for ?Specific Performance? the dispositive po...
Promulgated on 2004-10-12

598. CA GR SP 86792: Sps. Erlinda and Isagani Gaite vs Hon. Corazon Tordilla, et al.
For failing to attach the order petitioners are assailing in this Petition for Certiorari, the instant petition is ordered DISMISSED. Second paragraph of Section 1 of Rule 65, in relation to Section 3 of Rule 46, 1997 Rules of Civil Procedure, mandates t...
Promulgated on 2004-10-12

599. CA GR SP 72387: Casiņo vs.NATIONAL LABOR RELATIONS COMMISSION, ET AL
This is a petition for certiorari under Rule 65 of the 1997 Revised Rules of Civil Procedure seeking the reversal of the Decision of the National Labor Relations Commission (NLRC) dated 19 April 2002 in NLRC NCR CA 026901-00 which affirmed the Labor...
Promulgated on 2004-10-12

600. CA GR SP 85422: Socorro de la Cruz, et al, vs. Hon. Pres. Judge, RTC Manila Branch 36
Before this Court is a petition for certiorari, prohibition and mandamus with prayer for temporary restraining order seeking the nullity of the Decision dated January 11, 2002 of the Metropolitan Trial Court of Manila, Branch 14, in Civil Case No. 16713-C...
Promulgated on 2004-10-11

601. CA GR CV 79291: Metropolitan Management Corp., vs. Republic of the Philippines
This is an appeal by the Republic of the Philippines represented by the Solicitor General from the Decision dated September 16, 2002 of the Municipal Trial Court of Bauan, Batangas in LRC Case No. 114 (LRA Rec. No. N-73395)...
Promulgated on 2004-10-11

602. CA GR CV 24889: Heirs of Francisco Longos, vs. Cagayan Electric Light
The instant case involves an unfortunate, albeit all too common, dispute among siblings and close relatives over properties owned by a common ancestor....
Promulgated on 2004-10-11

603. CA GR CV 70991: Moldex Realty Inc., vs. Republic
IN land registration cases, the applicant must present specific acts of ownership, not general statements, and offer factual evidence of possession, not mere conclusions of law....
Promulgated on 2004-10-11

604. CA GR CV 81901: The Director of Lands, vs. Pedro Abairo, et al
Oppositor-Appellant Republic of the Philippines, through the Office of the Solicitor General (OSG), filed a Motion to Withdraw Appeal purportedly because after a reassessment of the merits of the case vis-?-vis the records, it has been ascertained that no...
Promulgated on 2004-10-11

605. CA GR CV 59036: Jaime Reyes, et al vs. Petra de Torres
Before Us is an appeal of the Decision rendered by Branch 12, Regional Trial Court (RTC) of Lipa City in Civil Case No. V-883. The court a quo rendered for appellees and ordered appellant and those claiming under her....
Promulgated on 2004-10-11

606. CA GR SP UDK 5126: BELZA, ET. AL. vs CAMACHO, ET AL
Considering the JRD Verification dated July 15, 2004 that no petition was filed by counsel for petitioners within the extension period granted by this Court in its Resolution...
Promulgated on 2004-10-11

607. CA GR CV 58883: Universal Food, Corp., vs. Antonio Jison
This is an appeal from the decision dated April 11, 1996 of Branch 166 of the Regional Trial Court of Pasig City in Civil Case No. 65040 the dispositive portion of which states, to wit:...
Promulgated on 2004-10-11

608. CA GR SP 84835: Eastland Construction and Dev. Corp., vs. Benedicta Mortel
For consideration is petitioner?s Motion for Reconsideration1 of this Court?s resolution2 dated July 22, 2004 dismissing the Petition for Review for failure to append the Certificate of Non-Forum Shopping in violation of Section 6 (d) Rule 43 of the Revis...
Promulgated on 2004-10-11

609. CA GR SP 67601: Hanjin Engineering, et al vs. Hon. Irenea Ceniza, et al
At hand is petitioners motion for reconsideration of the Court s Decision dated March 18, 2004, the dispositive portion of which states:...
Promulgated on 2004-10-11

610. CA GR SP 73392: Siy et al vs. Presiding Judge, Branch 29, RTC, Libmanan, Camarines Sur et al
In this Petition for Certiorari, petitioner Marita Siy assails, for having been issued with grave abuse of discretion, the Order1 dated 29 May 2002 of Judge Cecilia Borja-Soler, Presiding Judge of Branch 29, Regional Trial Court, Libmanan, Camarines S...
Promulgated on 2004-10-11

611. CA GR SP 73650: St. Peter Life Plan, Inc., vs. Secretary of the Department of Labor and Employment
In this Petition for Certiorari under Rule 65 of the 1997 Rules of Civil Procedure, petitioner St. Peter Life Plan, Inc. seeks the nullity of the 30 August 2002 Order1 of DOLE Secretary Patricia A. Sto. Tomas in RO500- 0807-97-20-RI; OS-LS-03-2001-030 w...
Promulgated on 2004-10-11

612. CA GR CV 67990: MARIA LUISA S. YAMBAO vs RICARDO J. YAMBAO
This is an appeal from the Decision dated June 30, 2000 of the Regional Trial Court of Las Pinas City, Branch 254, rendered in Civil Case No. LP-98-0278, entitled: "Maria Luisa S. Yambao, versus Ricardo J. Yambao," an action for annulment of marriage....
Promulgated on 2004-10-11

613. CA GR CV 65120: Jose Reynaldo Ochosa vs. Bona Alano
This is an appeal from the Decision dated 11 January 1999 of the Regional Trial Court (RTC) of Makati City, Branch 140, nullifying the marriage of Jose Reynaldo B. Ochosa and Bona J. Alano pursuant to Article 36 of the Family Code....
Promulgated on 2004-10-11

614. CA GR SP 64910: Baloise Insurancs vs. Hon. Mijares, et al
Bayer AG shipped on board a Lufthansa flight from Cologne, Germany a parcel of vaccines for transport to Bayer Philippines at Manila, insuring it with the petitioner Baloise Insurance Company....
Promulgated on 2004-10-11

615. CA GR SP 76713: Planters Product, Inc., vs. Hon. Secretary Manuel G. Imson, et al
In this Petition for Certiorari under Rule 65 of the 1997 Rules of Civil Procedure, petitioner Planters Products Incorporated seeks the nullity of the 29 October 2002 Order1 of the Secretary of the Department of Labor and Employment (DOLE) in OS-LS-01-003...
Promulgated on 2004-10-11

616. CA GR CV 73254: Jam Liner Inc. vs. Philtranco Service Ent., et al
This appeal assails the Decision dated 29 August 2001 of the Regional Trial Court of Bi?an, Laguna, Branch 25, finding defendants-appellants Philtranco Service Ent. and Charlie de Luna y Marquez liable for the payment of actual and exemplary damages,...
Promulgated on 2004-10-11

617. CA GR SP 83770: SPOUSES NESTOR M. PLACER, et al. vs. HON. FORTUNITO L. MADRONA, et al.
Challenged in this petition for certiorari are the Orders dated January 9, 2004 (Annex "A", Petition; p. 26, Rollo) and April 12, 2004, both issued by the respondent court in LRC Case No. 99-0111,...
Promulgated on 2004-10-11

618. CA GR SP 73854: Gil Arce, et al vs. Civil Service Commission
Assailed in this petition for review filed pursuant to Rule 43 of 1997 Rules Of Civil Procedure, with prayer for preliminary injunction and/or temporary restraining, are the following resolutions issued by respondent Civil Service Commission:...
Promulgated on 2004-10-11

619. CA GR SP 86702: FIL-ESTATE PROPERTIES, INC., ET AL vs HANS T. SY
The last day to file petition was on September 18, 2004. The petitioners' Motion for Extension of Time to File Petition was mailed on September 22, 2004, or four (4) days late....
Promulgated on 2004-10-11

620. CA GR SP 86712: Alecon Realty , Inc., et al., vs. NLRC & Efren Rodriguez
The instant Petition for Certiorari suffers the following defects: (1) it failed to attach all pleadings and documents relevant and pertinent thereto pursuant to paragraph 2, Section 1, Rule 65 of the Rules of Court; and (2) the respective jurats of the...
Promulgated on 2004-10-11

621. CA GR CV 69228: Meister Transport Inc., vs. Air Power International
THIS is an appeal from the Order of the Regional Trial Court (RTC) in an action for sum of money and damages against defendant-appellee Air Power International Express, Inc. initiated by plaintiff-appellant Meister Transport, Inc. for breach of contract...
Promulgated on 2004-10-11

622. CA GR CV 81743: Estrella Magdangal vs. Cecilia Comoro, et al
Considering the Motion to Withdraw Appeal dated September 13, 2004, filed by defendants-appellants? counsel with conformity of the defendants-appellants themselves, the Court resolves to GRANT said motion....
Promulgated on 2004-10-08

623. CA GR SP 76557: Metodio Gapasin vs. The Office of the President
This treats of respondent?s Motion for Reconsideration1 of this Court?s Decision dated June 29, 2004 relative to the modification of the penalty from dismissal from the service to six (6) months suspension from the service....
Promulgated on 2004-10-08

624. CA GR CV 69376: Benjamin C. Ferrer vs. Ben Quinto, et al
Before us is an appeal from the Decision of the Regional Trial Court, Branch 38, Lingayen, Pangasinan, the dispositive portion of which reads:...
Promulgated on 2004-10-08

625. CA GR SP 86499: Klesmer, et al vs. Mejia, et al
Before Us is a Petition for Annulment of Judgment filed by Spouses Wayne Klesmer and Adoracion Klesmer, seeking to annul and set aside the Decision of the Regional Trial Court of Alaminos, Pangasinan dated 16 November 2000, granting their Petition for...
Promulgated on 2004-10-08

626. CA GR CV 65438: Tenants/Lessees of Ags vs. Ags Realty Corp/
Before Us are the appeals taken from the Decision in the suit for Declaratory Relief and/or Fixing the Period of Lease with Preliminary Injunction/TRO filed by the Tenants/Lessees of AGS Realty Corporation and Officers and Members of the Sta. Clara - AGS...
Promulgated on 2004-10-08

627. CA GR CR 28197: People vs. Mario Vergara
Per report of the Judicial Records Division that no appellant s brief has been filed despite appellant s receipt of the notice to file brief on May 16, 2004, the present appeal is dismissed (Section 8, Rule 124, Rules of Criminal Procedure)....
Promulgated on 2004-10-08

628. CA GR SP 82804: Manuel Legal, et al vs. NLRC, et al
Before the Court is petitioners manifestation dated September 17, 2004 stating that they cannot locate the present address of private respondent Greater Asia Resources Corp. and hence, cannot comply with the Court s Resolution dated August 18, 2004 requir...
Promulgated on 2004-10-08

629. CA GR SP 78413: Juanito M. Keyser vs. Hon. Fernando Pamintuan, et al
Before this Court is a petition for certiorari, prohibition and mandamus filed under Rule 65 of the 1997 Rules of Civil Procedure by petitioner Juanito M. Keyser, who impugns the following orders issued by public respondent Judge Fernando Vil Pamintuan of...
Promulgated on 2004-10-08

630. CA GR CV 65267: Patrano vs. Barnes
Before the Court is an appeal from the Decision dated September 3, 1999 of Branch 87, Regional Trial Court, Quezon City in Civil Case No.Q-97-30076, granting the petition for Declaration ofNullity of Marriage filed by appellee Alcuin Pastrano against appe...
Promulgated on 2004-10-08

631. CA GR CV 76930: PAYABYAB, ET AL vs PAYABYAB, ET AL
On appeal is the decision dated September 10, 2002 of the RTC Branch 37 of Baloc, Sto. Domingo, Nueva Ecija in Civil Case No. SD-1508...
Promulgated on 2004-10-08

632. CA GR CR 27684: People vs. Lozano
Appeal from the Decision, dated May 23, 2002, of the Regional Trial Court of Paranaque City, Branch 257, in Criminal Case No. 97-555, convicting appellant Luis Chito Buensoceso Lozano (Appellant) for the crime of theft, and sentencing him to an indetermin...
Promulgated on 2004-10-08

633. CA GR SP 83410: OCAMPO, ET AL vs RTC BRANCH 153, PASIG CITY, ET AL
The instant petition for "Injunction" was filed by petitioners, praying among others, to enjoin respondents from executing the Judgment approving the document executed by the parties denominated as "KASUNDUAN," and the writ of demolition subsequently...
Promulgated on 2004-10-08

634. CA GR SP 82915: BIDES-ULASO, ET AL vs FLORES, ET AL
Alleging grave abuse of discretion amounting to lack or excess of jurisdiction, petitioners assail the Orders rendered by public respondent Judge of the RTC of Pasig City, Branch 167, on November 6, 2003, January 14, 2004 and February 27, 2004, respec...
Promulgated on 2004-10-08

635. CA GR CV 73926: ANN MARGARET S. ALIX vs. PATRICK JONATHAN KING
Challenged in this appeal is the Order dated December 21, 2000 of the Regional Trial Court of Mandaluyong City, Branch 213, in Civil Case No. 31-MD, entitled "Ann Margaret S. Alix vs. Patrick Jonathan King", for support and support pendente lite. The d...
Promulgated on 2004-10-08

636. CA GR SP 74415: Chiong vs. Hon. Ubiadas, et al
Put to test in this Petition for Certiorari is the sufficiency of the allegations in the Complaint for Reconveyance filed by private respondent Guaranteed Homes, Inc. (hereafter, Guaranteed Homes) against petitioner Vicente Chiong (hereafter, Chiong)....
Promulgated on 2004-10-08

637. CA GR SP 83337: DR. CELSO VALERIO vs. HON. VICTORIA C. FERNANDEZ-BERNARDO, et al.
This is a petition for review of the Order dated February 2, 2004 (Annex "D", Petition, p. 49, Rollo) dismissing the appeal in Civil Case No. 873-M-03; and the Order dated March 11, 2004 (Annex "F", Petition, pp. 52-53, Rollo), denying defendant-appel...
Promulgated on 2004-10-08

638. CA GR SP 86664: Thelma Jader-Manalo vs. Hon. Carpio, et al
On October 8, 2004, we issued a Resolution1 dismissing the instant petition for failure to attach certified true copies of the assailed Orders in violation of Sec. 1, par. 2, Rule 65 of the 1997 Rules of Civil Procedure....
Promulgated on 2004-10-08

639. CA GR SP 79476: Sps. Gregorio Sanson vs. HON. RICARDO R. ROSARIO, et al
Acting on petitioners motion for reconsideration of this court's August 17, 2004 Decision which denied due course to the petition. We resolve to deny the same, the basic issues raised therein having previously been duly considered and passed upon by t...
Promulgated on 2004-10-08

640. CA GR CR 28085: People vs. Arnel Laboc
Per report of the Judicial Records Division that no appellant s brief has been filed within the period of extension requested by appellant and granted by the Court, the present appeal is dismissed (Section 8, Rule 124, Rules of Criminal Procedure)....
Promulgated on 2004-10-08

641. CA GR CV 54511: PHILIPPINE SAVINGS BANK vs SPOUSES JOSEPH G. TAN and and NELIA D. TAN
Subject of this appeal is the Decision of the Regional Trial Court, National Capital Region, Branch 148 of Makati City dated August 13, 1996 in Civil Case No. 95-135...
Promulgated on 2004-10-08

642. CA GR SP 81913: TYCO Development Corp., vs. Edgar Ebbay, et al
Before this Court is a petition for certiorari with prayer for the issuance of writ of preliminary injunction/temporary restraining order, seeking to nullify the August 18, 2003 and November 27, 2003 Resolutions of the public respondent NLRC....
Promulgated on 2004-10-08

643. CA GR SP 82045: Orlando Maghanoy, et al, vs. Philippine Airlines, et al
On 9 January 2004, petitioners filed the present petition for certiorari....
Promulgated on 2004-10-08

644. CA GR SP 83018: Virgilio soriano, et al vs. Aurelio Imbat, et al
Before this Court is a Petition for Review dated 23 March 2004 under Rule 42 of the 1997 Revised Rules of Civil Procedure assailing the Decision dated 21 November 2003 (except the portion which deleted the awards for moral damages, exemplary damages, atto...
Promulgated on 2004-10-08

645. CA GR SP 80028: VALBROS REALTY, INC. vs The Hon. ROSE MARY R. MOLINA-ALIM, ET AL
Inordinate postponements are an endless bane to our judicial system. We are, in this case, called upon to determine whether or not a trial court committed grave abuse of discretion in putting its foot down on such a postponement....
Promulgated on 2004-10-08

646. CA GR CV 71021: Sps. Cardona vs. Toyota Motors Philippines
Before this Court is a Motion for Reconsideration of this Court?s Resolution dated January 28, 20041 filed by plaintiffsappellants on February 20, 2004, through their pro-bono counsel2, alleging that they have yet to engage the services of another cou...
Promulgated on 2004-10-08

647. CA GR SP 86636: Cynthia Torres, vs. NLRC, et al
A careful perusal of the petition reveals that it is not accompanied by the parties? position papers and responsive pleadings and other documentary evidence filed before the Labor Arbiter....
Promulgated on 2004-10-08

648. CA GR CV 73146: Edgar Mangao et al vs. Cipriano Martinez, et al
Defendants-appellants are the captain, purser, engine operator and owners, respectively, of a motorized boat named M/B JEM II. In this appeal, they pray that the July 23, 2001 Decision of the Regional Trial Court of Odiongan, Romblon, Branch 82, in Civi...
Promulgated on 2004-10-07

649. CA GR SP 74767: PHILEX MINING Corp., vs. Hon. Mauro Munoz, et al
Acting on the motion of private respondent for the reconsideration of this court s July 20, 2004 Decision, the court resolves to deny the same, the basic issues raised therein having previously been duly considered and passed upon by this court in the a...
Promulgated on 2004-10-07

650. CA GR CR 26695: People vs. Rolando Quinto
There is common presumption applied in cases involving violations of the Dangerous Drugs Act of regular performance of duty by police officers. When the police officers had no motive in testifying falsely against the accused or when no physical violence...
Promulgated on 2004-10-07

651. CA GR SP UDK 5216: Hrs. of Liwalog Alonto, et al. vs Hon. Simeon Marcelo, et al.
Prefatorily, petitioners' Ex-Parte Application/Motion to Litigate as Indigent Party is GRANTED....
Promulgated on 2004-10-07

652. CA GR SP UDK 5082: Zamboanga Eagles Security, vs. Hon. Patricia Santo Tomas, et al
Seeking reconsideration of Our Resolution dated 16 June 2004 dismissing the petition for insufficiency in form and substance, petitioner, on July 12, 2004, filed a Motion for Reconsideration and to Admit Amended Petition with the Amended Petition attached...
Promulgated on 2004-10-07

653. CA GR SP 79330: Buklod ng Manggagawa sa Chuayoco vs. NLRC. et al
This is a Petition for Certiorari under Rule 65 of the Rules of Court which seeks the nullification of the February 24, 2003 Decision1 of public respondent National Labor Relations Commission (NLRC) which affirmed the April 25, 2002 Decision2 of the Labor...
Promulgated on 2004-10-07

654. CA GR SP 79915: Ultra Tech Construction vs Hon. Ranada, et al
This petition for certiorari with prayer for the issuance of a temporary restraining order and/or preliminary injunction1 seeks to annul and set aside: (1) The Order of respondent Judge in Civil Case No. 98-425, dated April 8, 2003, granting the motion fo...
Promulgated on 2004-10-07

655. CA GR SP 77898: Primeseal Builders, et al vs. NLRC, et al
Via this petition for certiorari the Primeseal Builders Construction Philippines, Incorporated (Primeseal hereinafter) seeks to nullify and set aside, as tainted with grave abuse of discretion, amounting to lack or excess of jurisdiction: (1) The Resolu...
Promulgated on 2004-10-07

656. CA GR CR 27503: People vs. Jaime Llagas
This is an appeal from the Judgment of the Regional Trial Court of Iriga City, Branch 36, in Criminal Case No. IR-5274 convicting accused-appellant of the crime of frustrated homicide...
Promulgated on 2004-10-07

657. CA GR SP 79553: Marcelina Novicio vs. Agatona Cuadra, et al
This is a Petition for Certiorari, Prohibition and Mandamus under Rule 65 of the Revised Rules of Court with application for the issuance of a temporary restraining order seeking to nullify and set aside the Orders dated January 17, 2003 and September 2...
Promulgated on 2004-10-07

658. CA GR SP 75201: Blue Dragon Security vs. NLRC, et al
Impugned in this petition for certiorari, as tainted with grave abuse of discretion amounting to lack or excess of jurisdiction, are: (1) The Resolution dated August 15, 20021 of the National Labor Relations Commission (or NLRC), in NLRC NCR CA No. 0313...
Promulgated on 2004-10-07

659. CA GR SP 72543: G.P. GROUP OF COMPANIES, ET AL vs NLRC and SIMPLICIO UDAUNDO
A petition for certiorari, with prayer for the issuance of a temporary restraining order and/or writ of preliminary injunction, seeking to annul and set aside the Resolution promulgated on March 26, 2002 of respondent National Labor Relations Commissi...
Promulgated on 2004-10-07

660. CA GR CV 71927: State Investment House, Inc, vs. Producers Bank of the Philippines
Defendant-appellee?s Compliance1 with the resolution2 dated September 8, 2004 with the official receipt showing payment of the required legal fees is hereby NOTED and the Comment filed on September 1, 2004 is admitted....
Promulgated on 2004-10-07

661. CA GR SP 76846: Kim Jacinto vs. Cito Prosecutor Arellano, et al
In this Petition for Mandamus, petitioner seeks to compel the respondent City Prosecutor to file an information for perjury against private respondents....
Promulgated on 2004-10-07

662. CA GR SP 75668: THED FRANCIS ESPARTERO, vs. Hon. Rolando How, et al
Acting on petitioner s motion for reconsideration of this Court s June 11, 2004 Decision denying due course to the petition, we find no cogent or justifiable reason to grant the same....
Promulgated on 2004-10-07

663. CA GR SP 73994: Editha Sinot vs. Hon. Reyes, et al
For adjudication by this Court under Rule 65 is a petition for certiorari to nullify an order of the Regional Trial Court of Baguio City granting preliminary mandatory injunction to compel the petitioner to open the gate of a road right of way...
Promulgated on 2004-10-07

664. CA GR SP 85031: ARG REALTY, vs. PEDIATRIC ASSOCIATION, Inc.
In order for this Court to properly address the issues raised by the parties, the Housing & Land Use Regulatory Board, Board of Commissioners, Corner Mayaman Street, Diliman, Quezon City is directed to forward the entire records of HLRB Case No. REM-102...
Promulgated on 2004-10-07

665. CA GR SP 83980: RICHWELL PHILIPPINES, INC., vs. HON. SECRETARY OF LABOR, et al
At bar is a petition for the issuance of a Wit of Preliminary Injunction and/or Temporary Restraining Order to restrain the respondent or any of her agents from enforcing the assailed March 3, 2004 Resolution directing the petitioner to pay the private re...
Promulgated on 2004-10-07

666. CA GR SP 69509: JOSEFINA S. CHY vs GOVERNMENT SERVICE INSURANCE SYSTEM (GSIS)
This is a petition for review under Rule 43 of the Revised Rules of Civil Procedure of the Decision dated December 4, 2001 of the Employees' Compensation Commission (ECC) which REVERSED the letter-decision dated October 31, 2000 of the GSIS...
Promulgated on 2004-10-07

667. CA GR SP 77994: AL-KHALEEJ INTERNATIONAL, vs. NLRC, et al
Before Us for resolution is petitioners motion for reconsideration of Our June 17, 2004 Decision denying due course to their petition....
Promulgated on 2004-10-07

668. CA GR CV 76886: Daylinda Vegafria vs. Sps. Bernardo Bula
For resolution is appellants Motion for Reconsideration of Our Resolution1 granting appellee s Motion to Dismiss. Appellant-movants insist that they are not appealing from the Order denying their Motion for Reconsideration but from the decision of the co...
Promulgated on 2004-10-07

669. CA GR CV 81331: Emiliana Mateo, et al vs. Araceli Mateo, et al
Per report of the Judicial Records Division that no appellants brief has been filed despite appellants receipt of the notice to file brief on June 25, 2004, the present appeal is dismissed (Section1[e], Rule 50, 1997 Rules of Civil Procedure....
Promulgated on 2004-10-07

670. CA GR SP 71612: FRUEHAUF ELECTRONICS, vs. QUIROZ, ET. AL.,
Amended Decision The essence of a motion for reconsideration is a second review of the facts (Hyatt Taxi Services, Inc. vs. Catinoy, 359 SCRA 686). Its object is to produce the re-examination of such issues of fact, and to bring to the notice of the c...
Promulgated on 2004-10-07

671. CA GR CR 27084: PEOPLE OF THE PHILIPPINES vs RUPERTO L. JAVIER, ET AL
The case before us is an appeal from the Decision of the Regional Trial Court, Branch 116, Pasay City, finding accused-appellant Ruperto Javier guilty beyond reasonable doubt as principal in the crime of estafa, as defined and penalized by Article 315...
Promulgated on 2004-10-07

672. CA GR SP 74951: MARGARITO FALLESGON, vs. NLRC,et al
Before Us for resolution is a motion for reconsideration filed by herein private respondents, seeking reconsideration of Our June 18, 2004 Decision which gave due course to the petition....
Promulgated on 2004-10-07

673. CA GR CR 28397: People vs. marlon Gamis
The instant Appeal is DISMISSED for failure of accused-appellant to file the required brief despite notice, on authority of Section 8, Rule 124 of the Revised Rules of Court....
Promulgated on 2004-10-07

674. CA GR CV 81007: Sps. Gregorio Roxas, vs. Gerardo Roxas
Plaintiffs-Appellants NOTICE OF WITHDRAWAL OF APPEAL is GRANTED on authority of Section 3, Rule 50 of the Revised Rules of Court which provides:...
Promulgated on 2004-10-07

675. CA GR SP 86606: Victoriano A. Postrado, et al vs. Star Paper Corporation, et al
Considering that the Certificate of Non-Forum Shopping was signed by the counsel and not by the petitioners themselves, the petition faces outright dismissal. In the case of Five Star Bus Company v. Court of Appeals, G.R. No. 127064, August 31, 1999, th...
Promulgated on 2004-10-07

676. CA GR SP 77179: Sps. Tongco vs. Hon. Adiong, et al
For resolution is private respondent?s Motion for Reconsideration of Our Decision promulgated on 24 May 2004 granting the writ of certiorari, annulling and setting aside the Order of public respondent reinstating Civil Case No. 1441-96....
Promulgated on 2004-10-07

677. CA GR CV 79766: New Cagayan de Oro Industial vs. Philam Insurance Co, et al
For resolution is plaintiff-appellees' Motion to Dismiss filed on 23 July 2004 praying that the appeal interposed by defendant-appellants be dismissed for the latter?s failure to attach in its brief an Affidavit of Proof of Service and a copy of the as...
Promulgated on 2004-10-07

678. CA GR CV 69332: Royce Motor Center vs. Rogelio Pingol
On January 28, 1999, plaintiff-appellee filed a complaint for sum of money against defendant-appellant with the Regional Trial Court, Branch 23, Cabanatuan City alleging that defendant-appellant purchased from it various merchandise amounting to P137,620...
Promulgated on 2004-10-06

679. CA GR SP 62474: ANA LUZ B. CRISTAL-TENORIO, et al., vs. Hon. Jaime N. Salazar, et al
This is a petition for certiorari, prohibition and mandamus filed under Rule 65 of the 1997 Rules of Civil Procedure, by Ana Luz B. Cristal- Tenorio, et al. (petitioners), seeking the annulment of the orders dated August 2, 2000, October 11, 2000 and De...
Promulgated on 2004-10-06

680. CA GR SP 79555: Radio Communication of the Philippines, Inc., vs. Secretary of Justice, Chief State Pro. Zu?o, et al
Finding no new matter of substance that would warrant the modification much less the reversal of the June 29, 2004 Decision of this Court, the Motion for Reconsideration1 filed by the petitioner is hereby DENIED for lack of merit....
Promulgated on 2004-10-06

681. CA GR SP 80808: Gloria Abello vs. NLRC, et al
Finding no new matter of substance that would warrant the modification much less the reversal of the June 4, 2004 Decision of this Court, the Motion for Reconsideration1 filed by the private respondents and the Motion for Partial Reconsideration2 filed b...
Promulgated on 2004-10-06

682. CA GR SP 78815: MARY GRACE F. PILAPIL, et al., vs. HEIRS OF EMILIO MARTIN, et al
For the resolution of the Court is respondents motion for reconsideration of Our Decision dated July 29, 2004 giving due course to the petition for review filed by petitioners....
Promulgated on 2004-10-06

683. CA GR SP 85985: Titan-Ikeda Construction vs. Mansara Holdings Co., et al
On August 27, 2004, petitioner filed with this Court a Motion for Extension to File Petition stating therein that it received the assailed judgment on August 10, 2004, thus, has until August 25, 2004 to file the Petition for Review....
Promulgated on 2004-10-06

684. CA GR SP 82185: Jose Labial Jr., vs. NLRC, et al
Before this Court is a petition for certiorari under Rule 65 of the Rules of Court which seeks to annul and set aside the Resolution dated July 31, 2003 issued by the National Labor Relations Commission (NLRC), Fifth Division, Cagayan de Oro City, in NLR...
Promulgated on 2004-10-06

685. CA GR SP 85478: Land Bank of the Philippines vs. Atty. Alexander Belena, et al
This is a petition for review under Rule 43 seeking to annul and set aside the Decision dated December 17, 2002 of the Regional Trial Court of Guimba, Nueva Ecija, Branch 33 sitting as a special agrarian court...
Promulgated on 2004-10-06

686. CA GR SP 86022: Nilo dela Cerna vs. Hon. Judge Rommel Baybay, et al
Assailed in this petition for certiorari under Rule 65 is the Order dated April 27, 2004 of the Regional Trial Court of Makati City in Civil Case No. 03-1235 denying petitioner's motion to dismiss, as well as the Order dated June 16, 2004...
Promulgated on 2004-10-06

687. CA GR SP 66837: Lockheed vs. REgional Trial Court, et al
On June 7, 2004, the private respondent filed a Manifestation1 praying for the dismissal of the petition on the ground that the contract which the petitioner seeks to nullify has expired and a new one has been entered between PPA and private respondent...
Promulgated on 2004-10-06

688. CA GR SP 84987: TEODORA M. CATUIRA, vs. HON. ALFREDO C. FLORES, et al
In this Petition for Certiorari under Rule 65 of the 1997 Rules of Civil Procedure, petitioner seeks a review and annulment of the March 17, 2004 Order and May 25, 2004 Omnibus Order of respondent Regional Trial Court (RTC, for brevity), Br. 167, Pasig...
Promulgated on 2004-10-06

689. CA GR SP 78898: Hayama, vs. NLRC, et al
Petitioner thru counsel filed a Motion to Withdraw or Dismiss Petition stating that petitioner and private respondent have amicably settled the dispute between them xxx that with the said amicable settlement, the instant Petition has now been rendered mo...
Promulgated on 2004-10-06

690. CA GR SP 85453: Sinalliao, et al vs. Eugenio Sullay
Before this Court is a petition for review which was filed on 20 August 2004 through Registered Mail....
Promulgated on 2004-10-06

691. CA GR CV 70602: Rebecca Ciervo vs. Ramon Ciervo
This is an appeal taken by Rebecca S. Ciervo (hereafter Rebecca for brevity) in the suit for Declaration of Nullity that she filed against Ramon C. Ciervo (or Ramon), her complaint having been DENIED for lack of merit in the Decision dated March 7, 2001...
Promulgated on 2004-10-06

692. CA GR CV UDK 9715: People, et al., vs. Sofia Javillonar
Per report of the Judicial Records Division (JRD) dated September 24, 2004 (p. 1, Rollo), that there is no proof of payment of docket fees and other lawful fees within the period fixed therefor, the herein appeal is hereby DISMISSED pursuant to Sectio...
Promulgated on 2004-10-06

693. CA GR SP 61572: Apo Pipes Industries, et al v. NLRC., et al
Apo Pipe Industries Corporation (APIC) employed Daisy Dominguez and Glenda dela Cruz as Sales Engineers with probationary status on February 15, 1996 and January 13, 1997, respectively (pp. 77-78 and 104, Rollo). After the lapse of six months, Daisy Domi...
Promulgated on 2004-10-06

694. CA GR SP 74798: Salvador Cortez vs. Hagar Towing Services
In an affidavit-complaint filed on March 12, 1999 with the Securities and Exchange Commission (SEC), Salvador T. Cortez sought the revocation of the franchise of Hagar Towing Services, Inc. (Hagar) and the imposition of other sanctions upon it on the gro...
Promulgated on 2004-10-06

695. CA GR CV 79257: TRINIDAD HERMOSA, et al, vs. ANTONIO ACUESTA, et al
Before Us on appeal is a decision (dated November 20, 2002) of the Regional Trial Court (Branch 49) in Cataingan, Masbate, in Civil Case No. 196 (cancellation or annulment of transfer certificate of title/reconveyance with damages)....
Promulgated on 2004-10-06

696. CA GR CR 28095: People vs. de Leon
On January 6, 2004, this Court required the accused-appellant to file his appeal brief within 30 days from receipt of the Notice to File Brief, pursuant to Rule 124, Sec. 7 of the Rules on Criminal Procedure....
Promulgated on 2004-10-06

697. CA GR SP 83364: Heirs of Eugenia Roxas Corp., et al., vs. Hon Tipon, et al
Petitioner Heirs of Eugenia Roxas Corporation (HEVRI) owns and manages the Hidden Valley Springs Resort located at Calauang, Alaminos, Laguna. Private Respondent F.U. Juan Corporation, in which private respondent Fernando U. Juan owns stocks, is a stockh...
Promulgated on 2004-10-06

698. CA GR SP 83526: Tsuneishi Heavy Industries vs. Hon. Tipon, et al
This is a special civil action for certiorari and prohibition under Rule 65 of the 1997 Revised Rules of Civil Procedure, as amended, with an urgent application for an injunctive writ which seeks to annul and enjoin enforcement and implementation of th...
Promulgated on 2004-10-06

699. CA GR CV 53961: Mercantile Insurance vs. Metroport Service Inc., et al
Before this Court is an appeal from the March 16, 1995 Decision1 of the Regional Trial Court (RTC), National Capital Judicial Region, Manila, Branch 20, the dispositive portion of which reads:...
Promulgated on 2004-10-06

700. CA GR CV 78857: BPI Family Savings Bank, vs. Alvin Joseph GArces, et al
Before this Court is an appeal from the Orders dated December 13, 2002 and February 27, 2003 of the Regional Trial Court, National Capital Judicial Region, Branch 17, Manila in Civil Case No. 98-88192, entitled BPI Family Savings Bank, Inc., versus Alvi...
Promulgated on 2004-10-06

701. CA GR SP 81860: Msgt. Edgardo Andrecio et al., vs. Hon. Vladimir Brusola, et al
This is a petition for certiorari and prohibition under Rule 65 of the 1997 Rules of Civil Procedure, as amended, seeking to set aside the Order dated December 15, 2003 issued by Hon. Vladimir B. Brusola (hereafter respondent judge) of the Regional Tri...
Promulgated on 2004-10-06

702. CA GR SP 81934: Nagkakaisang Lakas ng Manggagawa sa Masuda vs. NLRC, et al
This is a special civil action for certiorari under Rule 65 of the 1997 Rules of Civil Procedure, as amended, which seeks to set aside the Decision dated August 25, 2003 and Resolution dated October 30, 2003 of the National Labor Relations Commission (h...
Promulgated on 2004-10-06

703. CA GR SP 86666: A & F Development Corporation vs. Hon. Novato T. Cajigal, et al
Before Us is a Petition for Certiorari1 under Rule 65 of the Rules of Court filed by petitioner A & F Development Corporation which seeks the nullification of the Joint Order2 and Order3 of respondent judge dated January 27, 2003 and the order dated Aug...
Promulgated on 2004-10-06

704. CA GR SP 85256: Concepcion Regalado, et al., vs. Elena Vincoy
Considering the Manifestation filed by petitioners explaining why the intended Petition for Review was not filed as well as respondent s Comment thereon, the Court believes that petitioners are no longer interested in pursuing the petition....
Promulgated on 2004-10-06

705. CA GR SP 73399: Digos Capital Resource vs. Hon. Mapayo, et al
Before this Court is a Petition for Certiorari under Rule 65 of the Rules of Court which seeks to annul and set aside the Order dated May 27, 2002 issued by the Regional Trial Court (RTC) of Digos City, Branch 19, in Civil Case No. 3262 as well as its...
Promulgated on 2004-10-05

706. CA GR CV 79730: UCPB vs. Ditchella
directed by this Court through a notice dated January 23, 2004, the case is considered ABANDONED, and accordingly DISMISSED pursuant to Section 1(e), Rule 50 of the Rules of Court....
Promulgated on 2004-10-05

707. CA GR SP 77630: Smart Communications vs. Hon. Pangadapun
Before this Court is a Petition for Certiorari under Rule 65 of the Rules of Court which assails the Order dated March 20, 2002 issued by the Regional Trial Court (RTC) of Lanao del Sur, Branch 10, Marawi City and its Order dated April 3, 2003 denying...
Promulgated on 2004-10-05

708. CA GR SP UDK 5172: de Jesus vs, Employees Compensation Commission
The instant Petition for Review is not accompanied by the following pleadings and documents necessary to support the allegations in the petition, in violation of Section 6, Rule 43 of the Rules of Civil Procedure:...
Promulgated on 2004-10-05

709. CA GR SP 75087: BELLESTAR PROMOTIONS, et al., vs. NLRC, et al
This is to resolve the motion for reconsideration filed by petitioner Bellestar Promotions, Inc. from the Decision of this Court dated June 18, 2004 denying the consolidated petitions for certiorari for lack of merit....
Promulgated on 2004-10-05

710. CA GR SP 84168: Romeo Abenojar vs. Hon. Inting, et al
Petitioner Romeo Abenojar filed a Petition for Certiorari1 under Rule 65 of the 1997 Rules of Civil Procedure seeking to declare null and void the Orders dated April 9, 20032 and January 30, 20043 issued by the Hon. Henri JP B. Inting of the Metropolita...
Promulgated on 2004-10-05

711. CA GR SP 86625: JEGGER A. CLEOFAS, vs. NLRC., et al
Pursuant to Sec. 1 par. 2 of Rule 65 in relation to Sec. 3 par 3 of Rule 46 of the 1997 Rules of Civil Procedure, the extant petition is hereby DISMISSED outright for failure to attach certified true copies or duplicate originals of the assailed Resolu...
Promulgated on 2004-10-05

712. CA GR CR 27674: People vs. Wilfredo Calderon
On January 6, 2004, this Court required the accused-appellant to file his appeal brief within 30 days from receipt of the Notice to File Brief, pursuant to Rule 124, Sec. 7 of the Rules on Criminal Procedure....
Promulgated on 2004-10-05

713. CA GR SP 68218: Eduardo Ochoa vs. Hon. Mangrobang, et al
When contending parties were both given ample time and opportunity to present their respective evidence and arguments in support of their opposing contentions for the issuance of a writ of preliminary injunction, no grave abuse of discretion can be attri...
Promulgated on 2004-10-05

714. CA GR SP 67133: R Transport vs. Hon. Sta. Maria, et al
Well-settled is the rule that an order denying a demurrer to evidence, being interlocutory in nature, is not appealable....
Promulgated on 2004-10-05

715. CA GR CR 27784: PEOPLE OF THE PHILIPPINES vs CASIMIRO
Filed before this Court is a Petition for Review challenging the decision dated May 28, 2003 of the Regional Trial Court of Malolos , Bulacan, Branch 10 in Crim. Case No. 138-M-2003....
Promulgated on 2004-10-05

716. CA GR CR 26561: People vs. Ruel Replan
Before Us is an Appeal1 of the Judgment2 dated January 31, 2000 of the Regional Trial Court of Mandaluyong City, Branch 213 in Criminal Case No. MC-98-620-D, which convicted Accused-Appellant Ruel Santos y Replan of illegal possession of shabu....
Promulgated on 2004-10-05

717. CA GR SP 80214: Telesforo Villamar vs. Veronica Serrano, et al
Considering the report of the Civil Docket Section that no appellants brief has been filed within the extended period granted, the instant appeal is considered ABANDONED and is hereby DISMISSED pursuant to Section 1(e), Rule 50 of the 1997 Rules of Civil...
Promulgated on 2004-10-05

718. CA GR CR 24474: People vs. Alfredo Nava
This is an Appeal from the Decision1 dated April 7, 2000 of the Regional Trial Court of Cauayan, Isabela, Branch 20, in Criminal Case No. Br. 20-1191 which convicted the accusedappellant of frustrated homicide....
Promulgated on 2004-10-05

719. CA GR SP 85857: Nazario Angeles, et al vs. Hon. Presiding Judge, et al
The petition for review is dismissed for the following reasons: (a) There is no allegation as to when the assailed RTC Decision (dated July 24, 2003) was received by petitioners, in violation of Section 2(b), Rule 42 of the 1997 Rules of Civil Procedure...
Promulgated on 2004-10-05

720. CA GR CR 26088: People vs. Ferdinand Lazaro, et al
Before Us is an Appeal1 of the Decision, dated October 9,2001 of the Regional Trial Court of Baguio City, Branch 61, in Criminal Case No. 17801-R, which convicted Accused-Appellant Ferdinand Lazaro y Aquino of illegal sale of shabu....
Promulgated on 2004-10-05

721. CA GR CV 76256: Philitalia Inc., vs. Legaspi
Appeal from the Decision1 of the Regional Trial Court of Mandaluyong City, Branch 211, in Civil Case No. MC00-1255, the dispositive portion whereof reads...
Promulgated on 2004-10-05

722. CA GR SP 73182: ROGELIO LACSON, vs. NLRC., et al
We have carefully reviewed petitioner's arguments in seeking reconsideration of Our June 11, 2004 Decision which denied due course and dismissed the Petition but sadly, We find no compelling reason to grant the same....
Promulgated on 2004-10-05

723. CA GR CV 77273: Negros Oriental vs. Province of Negros Oriental, et al
On June 22, 2004, this Court received a Motion for Judgment Based on Compromise Agreement1 filed by the parties and assisted by their respective counsel. The Motion contained the Compromise Agreement executed by the plaintiff-appellant Negros Oriental El...
Promulgated on 2004-10-05

724. CA GR SP 58114: Segundo Dadang et al., vs. NLRC, et al
This petition for certiorari seeks to set aside, for having allegedly been issued with grave abuse of discretion amounting to lack or excess of jurisdiction, the Resolution1 of public respondent National Labor Relations Commission (NLRC) in NLRC CA No....
Promulgated on 2004-10-05

725. CA GR CV 53947: Sps. Ruben Anlacan vs, The Philippine American Life
This is an Appeal from the Decision dated May 31, 1996 of the Regional Trial Court of Manila, Branch 22 in Civil Case No. 91-59122 ordering defendant-appellant to enforce the Disability Waiver of Premium Rider of plaintiff-appellee Ruben Anlacan s life...
Promulgated on 2004-10-05

726. CA GR SP 76869: Asmara International Placement Agency, et al vs. NLRC, et al
Before this Court is a Petition1 for Certiorari assailing the Resolution2 of public respondent dated February 26, 2003. On August 20, 2003, this Court issued a Resolution3 dismissing the petition insofar as petitioner Al Muhafiz Recruitment Office was c...
Promulgated on 2004-10-05

727. CA GR SP 83152: SPO3 Walter Penuela, et al vs. Marlyn Abarrientos
For resolution is petitioner's Motion for Reconsideration of Our 12 May 2004 Resolution1 dismissing the petition for having been filed out of time. In its motion, petitioners? counsel alleged that the failure to file the petition in due time was due to...
Promulgated on 2004-10-05

728. CA GR CV 78576: Letecia Salas, et al vs. Ceferino Macabalo, et al
Before Us is a Motion for Reconsideration of Our Resolution dated June 15, 2004 dismissing the appeal pursuant to Section 1 (e), Rule 50 of the 1997 Rules of Civil Procedure. Defendants-appellants alleged in their motion that although on the surface t...
Promulgated on 2004-10-05

729. CA GR SP 85783: Ambrosio Cabigas, Jr., vs. Hon. Salcedo, jr., et al
Petitioner comes to this Court by Petition for Review under Rule 43 of the 1997 Rules of Civil Procedure assailing the Decision dated 1 June 2004 of public respondent in DARAB Case No. X-511-LN-2003 and the Order dated 21 July 2004 denying petitioner?s...
Promulgated on 2004-10-05

730. CA GR SP 86536: Orlando Serradilla, et al vs. Guillermo Pili, et al
Before this Court is a petition for writ of prohibition and writ of mandamus with application for a temporary restraining order orwrit of preliminary injunction2 filed by petitioners on 23 September 2004....
Promulgated on 2004-10-05

731. CA GR CV 74728: Manuel Hipolito, Jr., vs. Republic, et al
Before us is the appeal filed by the Republic of the Philippines from the decision1 (dated March 15, 2002) of the Regional Trial Court of Cabanatuan City, Branch 25, in Civil Case No. 3654-AF. The dispositive portion of this decision reads:...
Promulgated on 2004-10-05

732. CA GR SP 86504: The Secretary vs. Hon. Novato T. Cajigal, et al
Before us is a Petition for Certiorari under Rule 65 of the Revised Rules of Court seeking the nullification of the Order dated May 24, 2004 issued by public respondent Judge Novato T. Cajigal in Civil Case No. BCV-98-144 entitled APOLONIA ALAMO, et. al.,...
Promulgated on 2004-10-05

733. CA GR SP 81348: Teekay Shipping, et al vs. Castaneda, et al
In this Petition for Certiorari under Rule 65 of the Revised Rules of Court, petitioner PHILIPPINE TEEKAY SHIPPING PHILIPPINES INCORPORATED, for itself and in behalf of its foreign principal TEEKAY SHIPPING COMPANY LTD., seeks to reverse and et aside the...
Promulgated on 2004-10-05

734. CA GR CV 79331: MERCURY DRUG CORP., ET. AL., vs. RAUL E. DE LEON
At bar is a motion for reconsideration of our July 8, 2004 Resolution dismissing the appeal on the ground of failure on the part of the defendants-appellants to indicate in their Brief the page references to the records as required by Section 1(f), Rul...
Promulgated on 2004-10-05

735. CA GR SP UDK 5209: Peninsula Electric Cooperative, Inc et al., vs. NLRC, et al
In view of the failure of the petitioners to pay the required docket and other lawful fees, the instant case is hereby DISMISSED pursuant to Section 3, Rule 46 of the 1997 Rules of Civil Procedure, as amended....
Promulgated on 2004-10-05

736. CA GR CV 61901: Zenaida Edasawa, vs. Luisa delos Reyes et al
In denying the right of the plaintiff who bought a piece of registered land from its true owners to recover the title from the defendant who wrongfully transferred it to her own name...
Promulgated on 2004-10-04

737. CA GR SP 80935: Fortune Integrated Textile Workers Union, et al., vs. NLRC, et al
Before this Court is a petition for certiorari under Rule 65 of the 1997 Rules of Civil Procedure, assailing the Decision dated May 30, 20031 and Resolution dated September 30, 20032 of the National Labor Relations Commission (NLRC), Second Division, in...
Promulgated on 2004-10-04

738. CA GR CV 78459: Heirs of Rufo Costales vs. Municipality of Sta. Ana, Cagayan
For failure of plaintiffs-appellants to raise any new and substantial matter to warrant the modification or reversal of this Court's Decision dated April 28, 2004, their motion for reconsideration is DENIED for lack of merit....
Promulgated on 2004-10-04

739. CA GR SP 85489: Labrador, Jr. et al vs. Ty, et al
Considering the Resolution dated 2 September 2004, which denied petitioner's Motion for further Extension of Time to file Petition for Review, the Court considers the case TERMINATED....
Promulgated on 2004-10-04

740. CA GR CV 78411: Heirs of Eulogio Reyes, et al., vs. Constantino Reyes, et al
For failure of defendants-appellants to file their brief within the prescribed period, despite notice, the appeal is considered ABANDONED and is, accordingly DISMISSED, pursuant to Section 1 (e), Rule 50 of the 1997 Rules of Civil Procedure, as amended....
Promulgated on 2004-10-04

741. CA GR SP 80119: Villanueva, et al vs. Bernardo Bautista, et al
This is a petition for review seeking to partially reverse and set aside the decision, dated 18 July 2003, of the Regional Trial Court....
Promulgated on 2004-10-04

742. CA GR SP 86302: The Professional Group vs. Jovencito Zunio, et al
The instant Petition For Certiorari dated 27 August 20041 (filed on 10 September 2004) is outrightly DISMISSED for failure of petitioner submit the Affidavit of Service....
Promulgated on 2004-10-04

743. CA GR SP 86032: Skyphone Logistics, Inc., et al vs. NLRC, et al
We are constrained to DISMISS the present petition outrightly it appearing that only plain copies of the assailed resolution of the National Labor Relations Commission and of the decision of the Labor Arbiter were attached to the petition in violation...
Promulgated on 2004-10-04

744. CA GR CV 80307: Tagum Coop., vs. DAvao FEderation of Non-Agriculture, et al
Per report of the Judicial Records Division dated August 24, 2004, no appellants's brief was filed within the authorized period as per docket book entry. In view thereof, the present appeal is hereby deemed ABANDONED and accordingly DISMISSED pursuant...
Promulgated on 2004-10-04

745. CA GR SP 79993: Dabay Baratucal, et al vs. Hon. Arabani, et al
For resolution is petitioners? Motion for Reconsideration of Our Decision dated July 27, 2004 dismissing the petition for lack of merit....
Promulgated on 2004-10-04

746. CA GR SP 84089: Dr. Winston Chingkoe vs. Judge Pangadapuan, et al
For resolution is private respondent?s Motion for Clarification filed 16 September 2004 of this Court?s Decision promulgated on 30 August 2004. Private respondent prays that We clarify as to whether or not the decision annulling the two (2) orders of t...
Promulgated on 2004-10-04

747. CA GR CR 27214: People vs. Mary Ann Dianzon
On Appeal by the accused is the decision1 dated 14 January 2003 of the Regional Trial Court of Makati City, Branch 60, in Criminal Case Nos. 98-2404 and 00-1531, the dispositive portion of which reads:...
Promulgated on 2004-10-04

748. CA GR CV 72975: Ever Gotesco Resources vs. PNB, et al
This is an appeal interposed by appellant Philippine National Bank from the Decision dated 30 March 2001 rendered by the Regional Trial Court of Dagupan City, Branch 40, in Civil Case No. 2000-0355-D for Annulment of Foreclosure Proceedings/Sale, Specifi...
Promulgated on 2004-10-02

749. CA GR SP 85154: Cuevo vs. United Asia International, et al
The herein petition has been re-raffled to the herein ponente upon the voluntary inhibition of the previous ponente. It appears from the rollo that last July 16, petitioner filed a Motion for Extension of Time to File Petition for Certiorari, which was...
Promulgated on 2004-10-01

750. CA GR SP 81468: Norberto Mendoza, et al vs. Hon. RTC Judge of Batangas, et al
Before Us is petitioners Norberto Mendoza and Marilyn dela Fuente s Joint Petition For Certiorari which assails the June 17, 2002 Decision of the Regional Trial Court, Branch 3, Batangas City, in Civil Case No.6089,2 wherein the sitting Judge, herein publ...
Promulgated on 2004-10-01

751. CA GR SP 78602: Centro Escolar University FAculty , et al, vs. Apron Mangabat, et al
This treats of the Motion for Reconsideration1 filed by petitioner Centro Escolar University Faculty and Allied...
Promulgated on 2004-10-01

752. CA GR SP 84791: DEPARTMENT OF AGRARIAN vs. ANGEL T. DOMINGO
Per Registry Return Card, this Court on 26 July 2004 caused to be served1 on petitioner the resolution of 20 July 2004. The resolution directed the petitioner to submit the pertinent pleadings/documents on portions of the original records (as required u...
Promulgated on 2004-10-01

753. CA GR SP 84954: PLDT Security Personnel, et al, vs. NLRC, et al
Before Us is a Petition for Certiorari filed under Rule 65 of the 1997 Rules of Civil Procedure, as amended, assailing the Resolution dated January 15, 2004 of public respondent National Labor Relations Commission (Third Division)...
Promulgated on 2004-10-01

754. CA GR SP 86402: People vs. Josefina Rosales, et al
Before us is a Petition for Certiorari under Rule 65 of the Revised Rules of Court seeking the nullification of the Resolution dated June 30, 2004 issued by public respondent Judge Josefina D. Farrales in Criminal Case No. RTC-3605-I entitled People of t...
Promulgated on 2004-10-01




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