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Promulgated Decisions and Resolutions
for November, 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 SP 83042: EVA C. BONGON, vs. PEDRO BONGON,
This is a petition for review filed under Rule 42 of the 1997 Rules of Civil Procedure assailing the Decision dated February 26,2004 rendered by the Regional Trial Court (RTC) of Tabaco City, Albay, Branch 17 which affirmed in its entirety the decision da...
Promulgated on 2004-11-30

2. CA GR CV 77626: Sps. de Asis vs. Mariano Somera
Before Us is an appeal from the Decision of the Regional Trial Court, Branch 96, Baler, Aurora rendered in Civil Case No. 570 for Recovery of Possession,...
Promulgated on 2004-11-30

3. CA GR SP 79766: Sps. Josefa & Antonio Garalde vs. MAY ANTOINETTE IMRAN
Assailed in this petition for review under Rule 42 of the 1997 Rules of Civil Procedure is the decision dated August 5, 2003 of Branch 2 of the Regional Trial Court (RTC) of Legazpi City in Civil Case No. 10208, which affirmed in toto the judgment dated A...
Promulgated on 2004-11-30

4. CA GR SP 83880: R.A. Lanting Security & Watchman Agency vs. NLRC, et al.
This is a Petition for Certiorari under the 1997 Rules of Civil Procedure that seeks the reversal of the August 20, 2003 and January 30, 2004 Resolutions of herein public respondent which respectively denied petitioners' appeal and motion for reconsider...
Promulgated on 2004-11-30

5. CA GR SP 80070: Natividad vs. Citibank
When the agreed interest rate is iniquitous or unconscionable, it is considered contrary to morals, if not against the law. Such stipulation is void. The courts shall reduce equitably liquidated damages, whether intended as an indemnity or a penalty if th...
Promulgated on 2004-11-30

6. CA GR CV 62042: SPOUSES JOSE RAMOS, vs. DIOG ILUMIN, et al
On appeal is the Decision1 dated February 2, 1998, of the Regional Trial Court, Branch 57, San Carlos City, Pangasinan which dismissed appellants Complaint for Quieting of Title....
Promulgated on 2004-11-30

7. CA GR CV 64738: MARIA MELBA PUNZALAN, et al., vs. LAND BANK
This is an ordinary appeal praying for the reversal of the Decision promulgated on May 5, 1999 of the Regional Trial Court, Branch 63, Tarlac, Tarlac fixing the just compensation at P120,000.00 in Civil Case No. 154, and the Order2 dated June 17, 1999 wh...
Promulgated on 2004-11-30

8. CA GR CV 65595: RANDALL Q. BERNAL, vs. BENJAMIN V. JOSE, et al
This is an appeal from the Resolution dated September 2, 1999 of Branch 68, Regional Trial Court, Lingayen, Pangasinan which dismissed Civil Case No. 17903 for Damages with Application for Preliminary Injunction, on the ground of nonexhaustion of admini...
Promulgated on 2004-11-30

9. CA GR CV 65871: NORTEZ, vs. ALFREDO DE DIOS
This is an ordinary appeal from the Order of the Regional Trial Court, Branch 4, Balanga, Bataan issued on September 8, 1999 dismissing with prejudice for failure to prosecute the Complaint for Mandatory Injunction for Restoration of a Road Right of Way...
Promulgated on 2004-11-30

10. CA GR CV 66278: SILVINO A. LIGERALDE, vs. Republic, et al
The Republic of the Philippines through its statutory counsel interposes an appeal from the Decision1 dated October 22, 1999 of the Regional Trial Court, Branch 40, Dagupan City which granted the Complaint for Declaration of Nullity of Marriage filed by...
Promulgated on 2004-11-30

11. CA GR SP 80540: Banco Filipino and Savings vs, Victoria Homes, Inc.
Before this Court is a petition for review of the decision dated June 29, 2003 of the Office of the President through the Acting Deputy Executive Secretary for Legal Affairs, Hon. Manuel B. Gaite, which affirmed in its entirety the decision of the Housin...
Promulgated on 2004-11-30

12. CA GR SP 76931: Dionisio Concon, vs. NLRC, et al
The question of validity of service is the pivotal issue in this petition for certiorari under Rule 65 of the Rules of Court, where the petitioner assails the resolution dated October 24, 2002 of public respondent National Labor Relations Commission (NLRC...
Promulgated on 2004-11-30

13. CA GR SP 87473: Enerthrust Inc./Remigio Medrano vs. NLRC, et al.
The instant Petition for Certiorari with Prayer for a Temporary Restraining Order is procedurally flawed in view of the following: The petition is not accompanied by copies of the pleadings and other material portions of the record as would support the...
Promulgated on 2004-11-30

14. CA GR CR 27600: People vs. BENJAMIN DE LOS REYES
Challenged in this appeal is the decision1 of the Regional Trial Court of Quezon City, Branch 89, in Criminal Case No. Q-02-108753 for unjust vexation finding accused-appellant BENJAMIN DE LOS REYES [DE LOS REYES] guilty of the crime charged....
Promulgated on 2004-11-30

15. CA GR SP 76819: Felipe V. Dizon, vs. Juan Paolo F. Dizon, et al
Before Us is a petition for certiorari and prohibition under Rule 65 of the 1997 Revised Rules of Civil Procedure, praying for the annulment and setting aside of the following orders of Branch 107, Regional Trial Court (RTC) of Quezon City in Civil Case...
Promulgated on 2004-11-30

16. CA GR SP 74652: NOEL S. SORREDA, vs. GONZALO S. GO, JR.,
Before Us is an appeal via petition for review under Rule 43 of the Rules of Court from the Order dated 27 August 2002 of the Regional Director of the Civil Service Commission ? National Capital Region (CSC-NCR)_ dated 27 August 2002 which dismissed the ...
Promulgated on 2004-11-30

17. CA GR SP 63426: Vicente Oliverio, et al. vs. NLRC, et al.
This is an appeal by way of a petition for review assailing the resolution of the public respondent National Labor Relations Commission (NLRC), dated November 27, 2000, reversing and setting aside the decision of the Labor Arbiter in NLRC RAB-11, dated...
Promulgated on 2004-11-30

18. CA GR SP 72474: Fermina I. Santos vs. Mayor Corazon Lacap
Before the Court is an appeal from the Decision of the Regional Trial Court, Branch 55 of San Fernando, Pampanga, in SP Civil Action No. 00-0946(M), for mandamus with prayer for the issuance of a preliminary injunction and damages....
Promulgated on 2004-11-30

19. CA GR SP 82767: The Church of St. Andrew, the Apostle rep. by Rev. Fr. Mandocdoc vs. Cristina Diaz Custodio
At Bench is a petition for review with prayer for the issuance of a temporary restraining order (TRO) and/ or writ of preliminary injunction, assailing the January 15, 2004 Decision of the Regional Trial Court of Muntinlupa City, Branch 206, which affirme...
Promulgated on 2004-11-30

20. CA GR CR 27435: Jaime Chan, et al. vs. People
Sought to be annulled and set aside in this petition for review under Rule 42 of the 1997 Rules of Civil Procedure is the Decision dated March 18, 2003 and the Resolution dated May 19, 2003 of the Regional Trial Court (RTC) of Legazpi City, Branch 7 in...
Promulgated on 2004-11-30

21. CA GR CV 79084: Sps. Antigua vs. RP
Before Us on appeal is a Decision (dated January 30, 2003) of the Regional Trial Court (Branch 68) in Lingayen, Pangasinan, in Sp. Proc. Case No. 6620....
Promulgated on 2004-11-30

22. CA GR SP 80520: PHILIPPINE AIRLINES, vs. NLRC, et al
In this Petition for Certiorari under Rule 65 of the Rules of Court, Petitioner Philippine Airlines Incorporated assails the Decision dated November 15, 2002 of public respondent National Labor Relations Commission (NLRC) which modified the period of sus...
Promulgated on 2004-11-30

23. CA GR SP 82529: JOEL DOMEDE, vs. RAMON DOMEDE, et al
Can bad or good faith exist on the part of a landowner who allowed a person to construct a house on the lot of the former? What are their correlative rights and obligations?...
Promulgated on 2004-11-30

24. CA GR SP 83315: JDS REALTY HOLDINGS, INC., vs. FERDINAND SANTOS, et al
For consideration is a denominated petition for review which seeks to impugn the following Resolutions of the Department of Justice through the Chief State Prosecutor: (1) Resolution upholding the resolution of the Office of the City Prosecutor of Pasig...
Promulgated on 2004-11-30

25. CA GR SP 76267: Sandigan ng Manggagawang Pilipino, et al vs. NLRC, et al
Through this Petition for Certiorari under Rule 65 of the Rules of Court, petitioners Sandigan ng Manggagawang Pilipino, Emma Regencia, et. al., seek to annul the Resolution of public respondent National Labor Relations Commission (NLRC) in NLRC-NCR Case...
Promulgated on 2004-11-30

26. CA GR SP 71182: Sps. Florencio Mercado vs. Sps. Apolinario Biscocho
The issue confronting Us is not novel: May a party who invoked the jurisdiction of a court to secure affirmative relief against his opponent, and after failing to obtain such relief, repudiate or question that same jurisdiction....
Promulgated on 2004-11-30

27. CA GR CV 63560: Josefino Ricardo, et al vs. Baybridge Realty
Brought to this Court for review is the Decision dated 11 December 1998 of the Regional Trial Court of Manila, Branch 6, dismissing the action for annulment of title filed by herein plaintiff-appellants in Civil Case No. 91-58597....
Promulgated on 2004-11-30

28. CA GR CV 76988: Reynaldo R. Suarez vs. Bank of the Philippine Islands
On appeal is the decision1 of the Regional Trial Court, Branch 136, Makati City, in Civil Case No. 98-574 for Damages....
Promulgated on 2004-11-30

29. CA GR SP 87433: Glad Security vs. NLRC, et al
1) The Verification and Certification against Forum Shopping was executed and signed by Isagani S. Tatco Jr., without attaching thereto any proof that he was authorized to act for and represent GLAD Security & Protective Services, in the filing of this p...
Promulgated on 2004-11-30

30. CA GR SP 77337: Ilao vs. SSS, et al
Challenged in this Petition for Review is the Decision dated 8 April 2003 of the Employees Compensation Commission (ECC) affirming the decision of the Social Security System (SSS), which denied petitioner Estelita Ilao s claim for compensation benefits u...
Promulgated on 2004-11-30

31. CA GR SP 77845: Sps. Simon vs. Marlyn Vda. de Decena, et al.
Petitioners? Motion for Reconsideration of our Resolution dated 5 August 2003, which dismissed the Petition for Review1 for violation of Rule 7, Section 5 of the Revised Rules of Court, is anchored on petitioner Jetur Simon?s inadvertent failure to att...
Promulgated on 2004-11-30

32. CA GR SP 64836: Antonio Mendoza vs. Hon. Alumbres, et al
The principal issue before us is whether the public auction sale of four motor vehicles levied upon in an execution proceeding in a case may be preliminarily enjoined in a separate case by one who claims to be the true owner but is not the judgment debtor...
Promulgated on 2004-11-30

33. CA GR CR 25389: People vs. Victoriano Magboo
Accused-appellant Victoriano Magboo appeals from the Second Amended Joint Decision of Branch 258 of the Regional Trial Court of Para?aque, dated March 20, 2001, which found him guilty of estafa committed with unfaithfulness or abuse of confidence and by m...
Promulgated on 2004-11-30

34. CA GR CV 64626: THELMA BORROMEO, et al., vs. DE LA COSTA TRANSPORT
A raffle or lottery ticket is an aleatory contract between the participant and the one conducting the raffle or lottery which is governed by the basic principle that it has the force of law between the parties....
Promulgated on 2004-11-30

35. CA GR CV 77077: LAUDENILO POTENTE, vs. DANILO LAURETA,, et al
If the trial court finds that there was good faith on the part of the builder and the landowner with regard to the encroachment issue, the rights of the parties are to be governed by Article 448 of the New Civil Code. The obvious benefits to the builder...
Promulgated on 2004-11-30

36. CA GR SP 83877: ROY N. RAMOS,, vs. HON. BRICCIO C. YGANA, et al
Invoking Rule 65 of the 1997 Rules of Civil Procedure, petitioners filed this petition for certiorari, prohibition and mandamus seeking the nullification of the following:...
Promulgated on 2004-11-30

37. CA GR SP 84114: TEOFILO CACHO,, vs. SECURITIES AND EXCHANGE
At bench is a Petition1 for prohibition with prayer for a temporary restraining order and/or preliminary mandatory injunction filed by Teofilo Cacho, represented by his attorney-infact, Atty. Godofredo D. Cabildo, against respondents Securities and Exch...
Promulgated on 2004-11-30

38. CA GR SP 84723: ANTONIO N. BACANI, vs. SOCIAL SECURITY SYSTEM
On appeal via a petition for review is the Decision of the Employees Compensation Commission Commission)which affirmed the denial by the Social Security System2 of petitioner Antonio N. Bacani s claim for disability compensation benefits under Pres. Dec...
Promulgated on 2004-11-30

39. CA GR SP 85994: MARTINES CO, et al vs. LOURDES Fernandez, et al
Before this Court is a petition for review under Rule 42 of the 1997 Rules of Civil Procedure seeking the reversal of the Decision dated January 12, 20041 in Civil Case No. 2003-0235-D of the Regional Trial Court in Dagupan City, Branch 44, in the exerci...
Promulgated on 2004-11-30

40. CA GR SP 83096: ECO FRIENDLY EQUIPMENT, et al., vs. NLRC, et al
Before this Court is a Petition for Certiorari under Rule 65 of the Rules of Court seeking the nullification of the August 20, 2001 Decision of public respondent National Labor Relations Commission (NLRC) as well as its December 30, 2003 Resolution denyin...
Promulgated on 2004-11-30

41. CA GR SP 82172: AL ASSAL MANPOWER, INC., vs. NLRC, et al
This Petition for Certiorari under Rule 65 of the Rules of Court seeks the reversal of the August 29, 2003 Decision1 of public respondent National Labor Relations Commission (NLRC) affirming the finding of the Labor Arbiter that the private respondents...
Promulgated on 2004-11-30

42. CA GR CR 24792: People vs. NOEL AMARADO
The Constitution presumes the accused to be innocent until the contrary is proved. No less than proof beyond reasonable doubt of every fact necessary to constitute the crime charged must be established to overcome such presumption. This duty subsists not...
Promulgated on 2004-11-30

43. CA GR SP 77934: Inocencia P. Bolata vs. Hon. Monina A. Zenarosa, et al.
This is a petition for certiorari under Rule 65 of the 1997 New Rules of Civil Procedure filed by petitioner Inocencia Bolata, seeking for the reversal and setting aside of the Orders dated 29 January 2003 and 13 May 2003 which denied the motion to demur...
Promulgated on 2004-11-30

44. CA GR SP 75851: Lydia M. Bautista vs. Phil. Transmarine Carriers, Inc., et al.
This is a petition for certiorari1 under Rule 65 of the 1997 Revised Rules of Court seeking to nullify the Decision2 of November 29, 2002 as well as the Resolution3 of January 31, 2003 by public respondent National Labor Relations Commission in NLRC NC...
Promulgated on 2004-11-30

45. CA GR CR 27599: People vs. Eliseo Zambra
On appeal is the Decision1 dated April 30, 2003 of the Regional Trial Court of Manila, Branch 33, finding accusedappellant guilty of two (2) counts of Estafa in Criminal Cases Nos. 01-197151 and 01-197155 and one (1) count of simple illegal recruitment i...
Promulgated on 2004-11-30

46. CA GR CV 67671: Ramon Villarana vs. Prudential Bank
BEFORE US is a motion for reconsideration filed by defendant appellants Spouses Marcial and Rita Reyes through counsel on 28 May 2003, seeking for the reconsideration of the Decision dated 06 May 2003, the decretal portion of which reads: ...
Promulgated on 2004-11-30

47. CA GR CV 71014: Manila Electric vs. BAGAOISAN
This is an appeal from the order, dated 28 January 1999, of the Regional Trial Court, Fourth Judicial Region, Branch 64, Mauban, Quezon, in Special Civil Action No. 041-M, the dispositive portion of which reads:...
Promulgated on 2004-11-30

48. CA GR SP 87451: Victor Balilo vs. HON. PERPETUA ATAL-PANO, et al
At hand is a petition seeking for the declaration of nullity of Orders and Decision of respondents Presiding Judges because these were issued in violation of procedural and substantive due process of laws and are contrary to laws and jurisprudence....
Promulgated on 2004-11-30

49. CA GR CV 68235: Heirs of Julian Sapida, vs. eirs of Manuel Sapida
Contested before the Regional Trial Court of Cavite (Imus, Branch 22), in an action for recovery of possession and ownership and declaration of nullity of deed of absolute sale and certificates of title, were two parcels of land consisting of 1,224 squar...
Promulgated on 2004-11-30

50. CA GR SP 80215: Barbara L. Acampado, vs. Hon. Mariano Singson, et al
Before the Regional Trial Court (or RTC) of Pasig City (Branch 67), presided over by Hon. Mariano M. Singson, Jr. (or respondent judge), is an action for reconveyance and specific performance involving a condominium unit, designated as Unit No. 401, loca...
Promulgated on 2004-11-30

51. CA GR CR 23124: People vs. Benjamin Ferrer
The accused appeals the decision of the Regional Trial Court of Cabanatuan City, Branch 29 dated August 3, 1998. The accused-appellant Benjamin Ferrer and her wife co-accused Ma.Priscilla Ferrer were charged in Criminal Case No. 4415 with Illegal Recruit...
Promulgated on 2004-11-30

52. CA GR CR 25659: People vs. Lolita Y. Eugenio
The accused appeals the decision of the Regional Trial Court of Malabon City, Branch 73 convicting her of the crime of Estafa thru Falsification of Public Documents defined and penalized under Article 315, Paragraph 2 (a) in relation to Articles 172 and 4...
Promulgated on 2004-11-30

53. CA GR CV 74817: JOSE N. SY, JR., vs. REPUBLIC OF THE PHILIPPINES
This appeal was taken by the Republic of the Philippines (hereafter the Republic for brevity) in the case for Declaration of Nullity of Marriage filed against Ma. Alicia V. Fausto (or Fausto) by her husband Jose N. Sy, Jr. (or Sy), whose suit was favored...
Promulgated on 2004-11-30

54. CA GR CV 74763: De Mesa vs. Dionisio Castro, et al
The bone of contention in this suit is a 2 hectares portion of Lot 900 Pls-23 with a total area of 9.53 hectares, situated in Barangay Caguisan, Narra, Palawan and covered by Original Certificate of Title No. P-11017 issued in the name of the appellee Fe...
Promulgated on 2004-11-30

55. CA GR CV 74336: Haide Bunao vs. GOYITO HABLA, et al
On appeal is the Decision of the Regional Trial Court of Sorsogon, Branch 53, in an action for Foreclosure or Specific Performance and Damages with Petition for Receivership filed by the appellee Haide T. Bunao (or hereafter Bunao) against the appellants...
Promulgated on 2004-11-30

56. CA GR CV 72049: ALPHY PIMENTEL, vs. United Coconut Planters, et al
Before Us, on appeal, are the Orders, dated March 20, 2001 [Records, p. 188] and July 16, 2001 [Records, p. 230], rendered by Branch 64 of the Regional Trial Court of Labo, Camarines Norte, in connection with Civil Case No. 00-0160....
Promulgated on 2004-11-30

57. CA GR SP 52170: DIVINA DELOS ANGELES, et al., vs. HOME INSURANCE AND GUARANTY, et al
This is an appeal by way of Petition for Review from the Resolution, dated March 9, 1999, of the Home Insurance and Guaranty Corporation Appeals Board which affirmed in toto the Decision, dated July 8, 1998, of the Home Insurance and Guaranty Corporation....
Promulgated on 2004-11-30

58. CA GR CV 76676: MA. SOLY H. BORROMEO, vs. Ramon Javellana
On 06 August 2004, counsel for plaintiff-appellant received a copy of the letter/notice, as could be evidenced by the registry return card no. 1674. It must be noted that the last day to file said brief fell on 20 September 2004. (Rollo, dorsal of p. 3...
Promulgated on 2004-11-30

59. CA GR SP 70222: Edgardo Verceles, vs. Hon. Corazon Alma, de Leon, et al
This treats of the Motion for Clarification and/or Partial Motion for Reconsideration filed by petitioner Edgardo Verceles (Rollo, pp. 318-322) and the Comment of the Solicitor General (Id., pp. 354-356) on the Court s decision dated 22 May 2003 (Id.,...
Promulgated on 2004-11-30

60. CA GR CV 81922: Atlantis Beach Club vs. The Mun. Engineer of Puerto Galera, et al
The parties have executed in May 2004 an Agreement and duly notarized on May 13, 2004 whereby both parties have amicably settled their differences. The agreement, among others, stipulated that the appellant had agreed to withdraw the appeal and the privat...
Promulgated on 2004-11-30

61. CA GR SP 85666: ALFREDO G. ESPITAL, et al., vs, RENE L. CARBAQUIL, et al
In a Minute Resolution dated August 16, 2004, petitioners were granted an extension of fifteen (15) days from August 12, 2004 or until August 27, 2004 within which to file a petition for review....
Promulgated on 2004-11-30

62. CA GR SP 75863: Eulalio C. Diaz vs. Reynaldo Cuisia, et al
The criminal action for violation of Batas Pambansa Blg. 22 shall be deemed to include the corresponding civil action. No reservation to file such civil action separately shall be allowed....
Promulgated on 2004-11-30

63. CA GR CV 80899: Hiers of Nepomuceno Paredes vs. Romana Satsatin Paredes, et al
This resolves plaintiffs-appellants WITHDRAWAL OF APPEAL dated 4 November 2004, alleging that they have considered it more proper to keep the honor of the names of the late ALIPIO PAREDES and NEPOMUCENO PAREDES, and so that their heirs and descendants wi...
Promulgated on 2004-11-30

64. CA GR SP 73825: NEW RHIA CAR SERVICES, et al vs. HON. STELLA CABUCO ANDRES, et al
Before Us, is a Petition for certiorari, under Rule 65 of the revised Rules of Civil Procedure, assailing the Resolution [Rollo, p. 12], dated September 4, 2002, rendered by Branch 31 of the Regional Trial Court of San Pedro, Laguna, the dispositive porti...
Promulgated on 2004-11-30

65. CA GR SP 73247: RAMON DAVID, vs. CRESILDA C. TUERES, et al
Before Us is a Petition for Review under Rule 42 of the revised Rules of Civil Procedure, assailing the Decision [Rollo, p. 33], dated June 11, 2001, rendered by Branch 47 of the Regional Trial Court of the City of San Fernando, Pampanga, which reversed a...
Promulgated on 2004-11-30

66. CA GR SP 64741: VIOLETA CIELO, vs. Antonio Garcia, et al
This is an appeal via Petition for Review of the Decision, dated March 07, 2001, of the Regional Trial Court, Branch 71, Antipolo City, rendered in the exercise of its appellate jurisdiction in Civil Case No. 2000- 5590 for Forcible Entry with Prayer for...
Promulgated on 2004-11-30

67. CA GR CV 73318: KNIGHT GARMENT, vs. TM Corporation
This is an appeal from the Decision in a suit for Sum of Money filed by the appellant Knight Garment Corporation (hereafter Knight Garment) against the appellee TM Corporation (or TM Corp)....
Promulgated on 2004-11-30

68. CA GR CR 27182: People vs. Bienvenido Manuel and Rodolfo Sarmiento
The accused appeal the decision of the Regional Trial Court of Lingayen, Panagasinan, Branch 38, convicting them of the crime of Robbery in Band...
Promulgated on 2004-11-30

69. CA GR CV 68515: CECILIO MALVAR, JR., vs. BRIG. GEN. MANUEL F. BRUAN, et al
Before us is an appeal from the Decision of the Regional Trial Court, Branch 102, Quezon City, which dismissed the complaint for replevin with damages filed by plaintiff-appellant Cecilio Malvar, Jr. and ordering him to pay actual damages in the amount...
Promulgated on 2004-11-30

70. CA GR SP 75429: SYLVIA SERRANO YAP, et al., vs. DOMINADOR Paulino, et al
This is a Petition for Certiorari and Prohibition with Urgent Prayer for 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 October 9, 2002 and Nov...
Promulgated on 2004-11-30

71. CA GR SP 81280: LUZON DEVELOPMENT BANK, vs. ANGELES CATHERINE ENRIQUEZ
This is a petition for review of the Decision dated June 17, 2003 and Resolution dated November 24, 2003, rendered by the Office of the President in O.P. Case No. 02-E-234 (HLURB CASE No. REM A-000918- 0183) entitled Angeles Catherine Enriquez vs. Delt...
Promulgated on 2004-11-30

72. CA GR SP 85457: JUANITO D. EBERO, vs. Hon. Dina Teves, et al
This is an appeal from the Decision dated October 28, 2003 and the Order dated January 26, 2004 of the Regional Trial Court of Makati City, Branch 147....
Promulgated on 2004-11-30

73. CA GR SP 82832: SPS. RAOUL Y. CABRERA, vs. HON. PRESIDING JUDGE, et al
An original action for certiorari seeking the nullification and setting aside of the following orders issued by the abovenamed respondent judge: a. the order dated April 30, 2003 denying herein petitioners Consolidated Motion to Dismiss and to Discharge...
Promulgated on 2004-11-30

74. CA GR CV 78833: TEODORO P. REGINO, vs. PHILIPPINE LONG DISTANCE
Defendant-appellant Philippine Long Distance Telephone Company appeals for a reversal of the March 11, 2003 decision rendered by the Regional Trial Court of Quezon City (Branch 97), which held it liable to herein plaintiff-appellees, Retired Associate Jus...
Promulgated on 2004-11-30

75. CA GR CV 79069: BPI FAMILY SAVINGS, vs. HONRADO,
For failure of the appellants to file a brief within the extended period which expired on April 3, 2004, the instant appeal is deemed ABANDONED and DISMISSED pursuant to Section 1(e), Rule 50 of the 1997 Rules of Civil Procedure....
Promulgated on 2004-11-30

76. CA GR SP 86767: SIMNY GAW GUY, et al., vs. HON. VIVENCIO BACLIG, et al
Reacting thereto, respondent Gilbert Guy filed a manifestation re his receipt of a copy of the Notice of Dismissal and moved that the submission of his comment on the petition as required in the Court s resolution dated October 18, 2004, be deferred until...
Promulgated on 2004-11-30

77. CA GR SP 87427: JOURDAN ET CIE GROUP, vs. NLRC, et al
The present petition is dismissible for the following substantive and procedural deficiencies: (a) absence of a certification that petitioner s Board of Directors had duly authorized its Administrative Manager, Ligaya Lacsamana, to file the petition and...
Promulgated on 2004-11-30

78. CA GR SP UDK 5246: ESTER NERVEZ, ET AL., vs. CENTRO ESCOLAR UNIVERSITY,
Before us is a Consolidated Motion for Extension of Time to File Petition for Review filed by petitioners without the required payment of the full amount of the docket and other lawful fees within the reglementary period pursuant to Sec. 1, Rule 42 of the...
Promulgated on 2004-11-30

79. CA GR SP 81693: EPIFANIO A. MARCIAL, vs. HON. NICOLAS ELIAZO, JR., et al
An execution is the fruit and end of the suit and is very aptly called the life of the law. It is the process of the court for carrying its decree into effect (People s Homesite and Housing Corporation vs. Jeremias, 73 SCRA 239)...
Promulgated on 2004-11-30

80. CA GR SP 83634: MAJESTY MANUFACTURING, vs. NLRC, et al
This is a Petition for Certiorari with prayer for the issuance of a temporary restraining order and/or writ of preliminary injunction under Rule 65 of the Rules of Court seeking the reversal and setting aside of the public respondent National Labor Rela...
Promulgated on 2004-11-30

81. CA GR CV 68659: PONDEVIDA, vs. AUGUSTUS CAEZAR R. GAN
Before us is an appeal from the Decision of the Regional Trial Court, Branch 61, Baguio City, the dispositive portion of which reads:...
Promulgated on 2004-11-30

82. CA GR SP 74271: SPOUSES LEGASPI, et al vs. HON. WINLOVE M. DUMAYAS, et al
Assailed in this petition for certiorari are the Orders of respondent Judge dated October 15, 2001 and September 9, 2002 in Civil Case No. 01-499, which denied petitioners motions to dismiss the complaint filed against them by private respondent....
Promulgated on 2004-11-30

83. CA GR SP 59114: Norma Reyes vs. Hon. Aniano Desierto, et a
After a careful examination of the records, We have found that public respondent s motion for reconsideration filed through the Office of the Solicitor General (OSG) on October 24, 2004 has yet to be resolved....
Promulgated on 2004-11-30

84. CA GR CV 73274: HANTEX INTERNATIONAL, vs. MILAGROSA CANDLE
By Resolution of October 9, 2003, the Court directed appellant s counsel to submit within five (5) days proof of receipt by appellee s counsel of copy of appellant s brief. The Court reiterated the same directive on February 16, 2004. On April 23, 2004,...
Promulgated on 2004-11-30

85. CA GR SP 75301: BETHANY TRUCKING, vs. NLRC, et al
This is a petition for certiorari assailing the consolidated decision and resolution promulgated by the National Labor Relations Commission on September 11, 2002 and October 23, 2002, respectively, in NLRC CA No. 028935-01 (NLRC NCR 00-12-10858-99 and N...
Promulgated on 2004-11-30

86. CA GR SP 56452: RODOLFO JOSON, vs. NLRC, et al
Filed on January 18, 2000, this petition for certiorari assails the Decision of public respondent NLRC (1st Division) promulgated on June 30, 1999, affirming the decision of the Labor Arbiter in NLRC NCR Case No. 00-04-02436-97, which dismissed petitione...
Promulgated on 2004-11-30

87. CA GR SP 78796: Metropolitan Bank & Trust Co. vs. United Overseas Bank
By way of an appeal through a petition for review under Rule 42 of the Revised Rules of Court, petitioner Metropolitan Bank and Trust Company (Metrobank, for brevity) seeks the reversal of the July 25, 2003 decision of the Regional Trial Court of Makat...
Promulgated on 2004-11-30

88. CA GR SP 80821: Jaime Sansano, et al. vs. Hon. RTC, La Trinidad, Benguet, Br. 8, et al.
The petitioners Jaime Sansano and Celso Bate seek to nullify and set aside, in this petition for certiorari under Rule 65 of the Revised Rules of Court, the following orders rendered by the public respondent Regional Trial Court of La Trinidad, Benguet...
Promulgated on 2004-11-30

89. CA GR SP 82015: Palladium Properties, Inc., et al. vs. F.T. Ortiz Builders, Inc.
By way of an appeal through a petition for review under Rule 43 of the Revised Rules of Court, the petitioner seeks the nullification of the adverse decision of the Office of the President dated June 26, 2003,as well as its order dated December 19, 2003...
Promulgated on 2004-11-30

90. CA GR SP 84511: Fil-Estate Properties, vs. LUTGARDO G. CAPARAS, JR., et al
Assailed in this petition for review, are the Decision, dated March 22, 2004, and Resolution, dated May 19, 2004, of the Office of the President, rendered in O.P. Case No. 03-G-475, entitled Lutgardo G. Caparas, Jr. and Ma. Cynthia S. Caparas vs. Kingsvi...
Promulgated on 2004-11-30

91. CA GR SP 77123: Roberto E. Cube vs. PRC
For Review is the decision, dated April 24, 2003, of the Professional Regulation Commission (PRC) in Administrative Case No. A-259 which affirmed the Board of Marine Deck Officers Resolution, dated March 3, 2000, ordering the cancellation and confiscation...
Promulgated on 2004-11-30

92. CA GR CR 27518: People vs. Marlon Castillo
For failure of the accused-appellant to file his appellant's brief within the authorized period despite notice per report of the Judicial Records Division dated October 22, 2004, the appeal in this case is hereby considered ABANDONED and accordingly DISM...
Promulgated on 2004-11-30

93. CA GR CV 61549: Lotita Obias vs. Delfin Divinagracia
This is an appeal from the decision of the Regional Trial Court, Branch 31, Pili, Camarines Sur in Civil Case No. P-2071, the dispositive portion of which reads as follows:...
Promulgated on 2004-11-30

94. CA GR CV 61215: EDUARDA RIVERO LUSTESTICA vs. ANGELITA RIVERO LUSTESTICA
Challenged in this appeal is the Decision of the Regional Trial Court of Malolos, Bulacan, Branch 7, in Civil Case No. 8788, entitled "Eduarda Rivero Lustestica vs. Angelita Rivero-Concepcion and Bienvenuto Lustestica vs. Ma. Medina Demetion, et al.",...
Promulgated on 2004-11-30

95. CA GR SP 61562: Asian Terminals vs. Hon. Helen Ricafort, et al
This petition for certiorari under Rule 65 of the Rules of Court seeks to nullify, as tainted with grave abuse of discretion, the Order dated April 27, 1999 of the Regional Trial Court of Paranaque City dismissing Civil Case No. 98-9435, an action for re...
Promulgated on 2004-11-30

96. CA GR CV 78201: Ricardo Quintos vs. DBP and PNB
The adverse party having successfully prevented the foreclosure of his properties because the court a quo, taking judicial notice of the Martial Law atmosphere, among other things, relieved him of liability upon its finding of a vitiation of his consent...
Promulgated on 2004-11-30

97. CA GR CV 80595: San Fernando Rural Bank, Inc. vs. Sps. Flores, et al.
There being no Appellant?s Brief filed by petitioner-appellant as of November 17, 2004, per report1 by the Judicial Records Division, despite the grant2 of thirty-day extension, or until September 15, 2004,...
Promulgated on 2004-11-30

98. CA GR CV 76386: Tomas Recato v. Aida Kelley, et al
FOCUS of this appeal is the Order of the Regional Trial Court (RTC) dismissing the complaint for declaration of nullity and/or cancellation of transfer of certificates of title on the grounds of estoppel and res judicata....
Promulgated on 2004-11-30

99. CA GR SP 84550: Richard Gordon vs. Hon. Jose Ener Fernando, et al
FOR failure of petitioner to file his petition for review within the extended reglementary period which expired on July 11, 2004, as per Judicial Records Division report dated November 3, 2004, the petition is hereby DISMISSED pursuant to Sec. 1, Rule 42...
Promulgated on 2004-11-30

100. CA GR CR 27220: People vs. Bernard Villalon, et al
BEFORE Us is an appeal from the judgment of the Regional Trial Court (RTC) in Mandaluyong City convicting accused-appellants Nelson Villalon and Mike Mupada for violation of Section 16, Article III of Republic Act No. 6425, as amended, otherwise known as...
Promulgated on 2004-11-30

101. CA GR SP 79750: Limuel Coloma vs. NLRC, et al
This Petition for Certiorari filed pursuant to Rule 65 of the 1997 Rules of Court assails the Resolution (Rollo, 25-31) dated June 25, 2002 and the Order (Rollo, pp. 23-24) dated June 30, 2003 of herein public respondent National Labor Relations Commissi...
Promulgated on 2004-11-30

102. CA GR CV 59989: Salvacion Chua vs. Republic of the Philippines
On appeal before this Court is the Judgment (Records, pp. 82-86) of the Regional Trial Court of Masbate, Branch 47, in Land Reg. Case No. 443 dated January 23, 1998 which granted the application for registration of title of applicant-appellee Salvacion C...
Promulgated on 2004-11-30

103. CA GR CV 77022: Leonila Carpio Rivera vs. Republic
Appeal by the Republic of the Philippines from the Decision of the Regional Trial Court of Manila, Branch 45, in SP Proc. No. 01-102427...
Promulgated on 2004-11-30

104. CA GR SP 79741: Solidbank Corp 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: (a) the Resolution dated November 22, 2002 of the National Labor Relations Commission (NLRC), Third Division, in NLCR C...
Promulgated on 2004-11-30

105. CA GR CR 28297: People vs Perfecto Arnio
Finding merit in the Motion To Withdraw Appeal filed by the appellant's counsel stating that:...
Promulgated on 2004-11-30

106. CA GR CV 72510: Felicisimo N. Juan, Jr., et al. vs. Martines Co, et al.
Settlement of disputes through compromise agreement is an accepted and encouraged practice in courts in order to avoid litigation or put an end to one already commenced. Finding the compromise Agreement to be in order and not contrary to law, morals, good...
Promulgated on 2004-11-30

107. CA GR CV 79403: Ronilo Beronio vs. Toyota Motors Cabanatuan, et al
Philippine Rice Research Institute (Philrice) purchased from Toyota Motors Philippines Corporatrion (TMPC) through Toyota Motors Cabanatuan City, Inc. (TMCCI), two (2) brand new vehicles, one of which was a white/silver Toyota Hi-Ace, model GL 2.0 with a...
Promulgated on 2004-11-30

108. CA GR SP 78381: Raymundo Gerona vs Hon. Candido Belmonte, et al.
We have assiduously perused the arguments raised in respondents' Motion for Reconsideration and find it offering no justification to compel a modification or reversal of Our Decision dated May 31, 2004. Moreover, the issues raised in the said Motion for...
Promulgated on 2004-11-30

109. CA GR SP 68158: Michael Taguiam et al vs. Hon. Damaso Herrera et al
Before Us is a petition for certiorari under Rule 65 of the 1997 Rules of Civil Procedure to annul and set aside the Order dated December 10, 2001 of the Regional Trial Court, Branch 24, Binan Laguna, dismissing the petition for certiorari and habeas corp...
Promulgated on 2004-11-30

110. CA GR SP 72423: TSPIC Employees vs. TSPIC Corporation
This petition for review under Rule 43 of the Rules of Court seeks to overturn the Award dated March 12, 2001, by Voluntary Arbitrator Bach M. Macaraya and his Decision dated August 5, 2002 denying petitioner s motion for reconsideration thereon....
Promulgated on 2004-11-30

111. CA GR CV 82988: Sps. Elmer Manabat vs. Teresita Bernardo
As prayed for, the appeal is dismissed on the ground of erroneous and improper remedy, considering that the decision appealed from was rendered by the Regional Trial Court, Branch 15 of Malolos, Bulacan, in the exercise of appellate jurisdiction. The prop...
Promulgated on 2004-11-30

112. CA GR SP 87522: RHONIEL O. REDULA, et al, vs. SECRETARY OF JUSTICE,, et al
Considering that the last day to file petition was on November 22, 2004. yet, the instant petition was actually filed only on November 23, 2004, or one (1) day beyond the reglementary period, the Court resolves to DISMISS the petition for being time-barr...
Promulgated on 2004-11-30

113. CA GR SP 70266: Blandina Rico Macatol et al vs. Daniel Rico, et al
This petition for annulment of judgment seeks to annul the decision of the Regional Trial Court (RTC), Branch 61 of Gumaca, Quezon, dated August 26, 1994, the decretal portion of which reads:...
Promulgated on 2004-11-30

114. CA GR SP 86923: Kingsville Construction & Dev. Corp., et al. vs. Malayan Insurance Co., Inc.
A perusal of the petition shows that there is no board resolution of the petitioner corporation showing the authority of the signatories to the Verification and Certification of Non-Forum Shopping as well as the power of attorney from private responden...
Promulgated on 2004-11-30

115. CA GR CR 00010: People vs Oscar Arango y Alegre
This is the first case raffled to the undersigned ponente conformably with the decision promulgated on July 7, 2004 in G.R. Nos. 147678-87 entitled The People of the Philippines vs. Efren Mateo y Garcia modifying the pertinent provisions of the Revised Ru...
Promulgated on 2004-11-30

116. CA GR SP 80647: Canlas vs. Well Fit Industrial Corp., et al
Before this Court is a Petition for Review of the Decision dated August 28, 2003 rendered by the Employees Compensation Commission denying petitioner s claim for compensation benefit....
Promulgated on 2004-11-30

117. CA GR SP 43369: Sarah Navarra vs. Civil Service Commission, et al
This is a petition for review of Resolution No. 9622471 dated March 21, 1996 and Resolution No. 9675162 dated November 21, 1996, both rendered by public respondent in Administrative Case No. 95-04, entitled Decir, Evelyn J., Navarra, Sarah P. Re: Dishon...
Promulgated on 2004-11-30

118. CA GR CV 80363: Aurora Crisologo vs. Asuncion C. Mercado, et al.
For failure of the defendants-appellants to file the required brief within the reglementary period which expired on May 7, 2004, the appeal in this case is considered ABANDONED and is accordingly DISMISSED pursuant to Section 1(e), Rule 50 of the 1997...
Promulgated on 2004-11-30

119. CA GR SP 75999: Filipinas Estrella vs. Hon. Zeus Abrogar, et al
PETITIONER Filipinas A. Estrella seeks to nullify in this petition for certiorari under Rule 65 the Order of the Regional Trial Court (RTC) dismissing her complaint with finality and the Order denying her motion for reconsideration....
Promulgated on 2004-11-30

120. CA GR CR 23232: People vs. Salvador Dingcog y Espada
Before Us on appeal is the Decision dated April 19, 1999 of the Regional Trial Court of San Fernando, La Union, Branch 26, in Criminal Case No. 4586, finding accusedappellant Salvador Dingcog y Espada guilty beyond reasonable doubt of the crime of Act...
Promulgated on 2004-11-30

121. CA GR SP 86747: Zenith Construction vs. Atlanta Land Corp.
FIRST, the verification and certification on non-forum shopping is signed by Leogardo S. Yumul, sans any accompanying special power of attorney authorizing him to execute the required verification/certification on behalf ofpetitioner. (Loquias vs. Office...
Promulgated on 2004-11-30

122. CA GR SP 87083: Abaquin Agricultural Dev. Corp. vs. DAR, et al.
The petition is denied due course for failure to comply with the Section I of Rule 7 of the Revised Rules of Court and for improper verification....
Promulgated on 2004-11-30

123. CA GR SP 87102: Oriental Assurance Corp. vs. Hon. Henry B. Basilla
For violation of Section 1, Rule 7 of the Revised Rules of Court and for failure to implead the proper party, the petition is denied due course and is hereby DISMISSED....
Promulgated on 2004-11-30

124. CA GR CV 76594: Hiplito Mangahas vs. Bienvenida Mangahas
THIS is an appeal from a default judgment rendered by the Regional Trial Court in Malolos, Bulacan in a complaint for recovery of leasehold rights initiated by plaintiff-appellee Hipolito Mangahas against defendant-appellant Bienvenida Mangahas....
Promulgated on 2004-11-30

125. CA GR CV 78375: Florito Amon v. Lea Ferrer, et al
AT BENCH is an appeal from a Decision in an action for sum of money instituted by plaintiff-appellee Florito Amon against defendantsappellants Lea Ferrer, Ana Ferrer and Victoria Ferrer....
Promulgated on 2004-11-30

126. CA GR SP 84299: Noel Santos, vs. People, et al
Motion for Reconsideration filed on September 6, 2004 of this Court s Resolution dated August 23, 2004 denying his motion for bail; and...
Promulgated on 2004-11-30

127. CA GR SP 66610: Betty Ventura v. Sta. Lucia Realty
ELEVATED to Us in this petition for review is the Decision of the Regional Trial Court (RTC), modifying on appeal that of the Municipal Trial Court (MTC) in an action for forcible entry initiated by petitioner Betty P. Ventura against respondent Sta. Lu...
Promulgated on 2004-11-30

128. CA GR CV 77443: Juana dela Cruz, et al vs. City of Caloocan, et al
THIS is an appeal from the Order of the Regional Trial Court in Quezon City dismissing the complaint for declaration of nullity of title, reconveyance, recovery of possession, partition and damages filed by plaintiffs-appellants Dela Cruz against defendan...
Promulgated on 2004-11-30

129. CA GR CV 64618: THE CITY OF NAGA, vs. MATILDE YSAAC, et al
The Court is beseeched in this purported appeal to review the Order1 of the Regional Trial Court, Branch 26, Naga City which denied the motion to dismiss the Eminent Domain case instituted by the City of Naga....
Promulgated on 2004-11-26

130. CA GR SP 74650: Adela Lajara vs. Malabon Central Market
This is a Petition for review under Rule 42 of the revised Rules of Civil Procedure, assailing the Decision [Rollo, pp.47-53] of the Regional Trial Court [Branch 74, Malabon], dated October 30, 2002, affirming the Decision of the Metropolitan Trial Cour...
Promulgated on 2004-11-26

131. CA GR SP 83712: Iluminado Ulan, vs. NLRC, et al
Before us is a petition for certiorari under Rule 65 of the 1997 Rules of Civil Procedure, assailing the following issuances of public respondent National Labor Relations Commission (NLRC):...
Promulgated on 2004-11-26

132. CA GR SP 83600: Edna Lopez vs. The Employees Compensation Commission, et al
This is a Petition for Review from the Decision dated March 10, 2004, of the Employees Compensation Commission (ECC) in ECC Case No. SM-16080-1205-03 affirming the decision of the Social Security System (SSS) denying petitioner s claim for death benefit...
Promulgated on 2004-11-26

133. CA GR SP 82318: Ma. Adela Vaserman de Jorman, vs. Office of the President, et al
The verification report dated October 19, 2004 of our Judicial Records Division to the effect that the petitioner has failed to comply with our resolution of June 22, 2004 is hereby noted....
Promulgated on 2004-11-26

134. CA GR SP 81557: BELEN T. FERNANDEZ, vs. NLRC, et al
Before Us is a petition for certiorari filed under Rule 65 of the revised Rules of Civil Procedure assailing the Resolution, dated June 28, 2002, of public respondent NLRC rendered in the exercise of its appellate jurisdiction, in NLRC NCR CA No. 030954...
Promulgated on 2004-11-26

135. CA GR CV 79500: Teodorico Sabihon, vs. Juliet Pardo-Ning
This is an appeal from the Decision dated August 20, 2003 of the Regional Trial Court, Branch 40, Daet, Camarines Norte, in Civil Case No. 5772, entitled Teodorico D. Sabihon and Elnora B. Sabihon vs. Juliet Pardo-Ning for Recovery of Ownership, Annulmen...
Promulgated on 2004-11-26

136. CA GR SP 66763: TONDO MEDICAL CENTER EMPLOYEES ASSOCIATION vs Alberto G. Romulo, et al
Before this Court is a Petition for Certiorari, Prohibition and Mandamus dated 27 July 2001 under Rule 65 of the 1997 Revised Rules of Civil Procedure with prayer for the issuance of a temporary restraining order and/or writ of preliminary injunction a...
Promulgated on 2004-11-26

137. CA GR SP 81769: MERIDIEN HIGH RISE, vs. MYRA SANTOS-BRODETT
Before us is a petition for review under Rule 43 of the 1997 Rules of Civil Procedure assailing the decision dated January 5, 2004 of the Construction Industry Arbitration Commission1 (CIAC) which awarded temperate or moderate damages in favor of respon...
Promulgated on 2004-11-26

138. CA GR SP 81001: Palmes, et al. vs. NLRC, et al.
This petition for certiorari seeks to nullify and set aside the decision dated June 8, 2001 of the public respondent National Labor Relations Commission (1st Division), and its order dated October 20, 2003 denying the motion for reconsideration, in the...
Promulgated on 2004-11-26

139. CA GR CV 43763: Rogelio Aberca, et al, vs. Maj. Gen Favian Ver, et al
Before this Court is a Motion for Reconsideration of the decision dated July 31, 2003 by plaintiffs-appellees contending in the main that this Court committed errors: 1) in setting aside the trial court s decision in favor of all defendants notwithstand...
Promulgated on 2004-11-26

140. CA GR CV 79751: ELIZABETH CHUA vs. BANK OF THE PHILIPPINE ISLANDS and THE BRANCH MANAGER, BPI, Cabanatuan
Challenged in the instant appeal is the decision rendered by the Regional Trial Court of Cabanatuan City, Branch 23, in Civil Case No. 4104, entitled "Elizabeth Chua vs. Bank of the Philippine Islands and the Branch Manager, BPI, Cabanatuan Melencio B...
Promulgated on 2004-11-26

141. CA GR SP 85155: LBC DOMESTIC FRANCHISE, vs. NLRC, et al
Before this Court is a Petition for certiorari and prohibition with prayer for the issuance of a temporary restraining order, under Rule 65 of the 1997 Revised Rules of Civil Procedure, assailing the Resolutions of the National Labor Relations Commissio...
Promulgated on 2004-11-26

142. CA GR SP 76187: Consuelo Asis Vda. de Guevarra vs. Hon. Peralta, et al.
At Bench is a Petition for Review under Rule 42 of the Rules of Court seeking to reverse and set aside the March 13, 2003 Decision of the Regional Trial Court of the City of Manila, Branch 17, which reversed the Consolidated Decision dated March 7, 2000...
Promulgated on 2004-11-26

143. CA GR SP 53917: ROGELIO INCIONG, vs. HON. VIVENCIO S. BACLIG, et al
This Petition for certiorari seeks to reverse and set aside the Orders, dated April 29, 1999 and June 14, 1999, issued by public respondent Judge Vivencio S. Baclig, denying petitioner s Motion to Dismiss and the Motion for Reconsideration thereto, on...
Promulgated on 2004-11-26

144. CA GR SP 69994: Yolanda Javellana vs. Hon. Sec. of Justice, et al
IN view of the notice of dismissal1 of petitioner, through counsel, the petition for certiorari is hereby allowed to be WITHDRAWN and considered DISMISSED....
Promulgated on 2004-11-26

145. CA GR SP 63702: TRANS-PHILS., et al vs. NLRC, et al
This is a Petition for Certiorari under Rule 65 of the 1997 Revised Rules of Civil Procedure that seeks to annul and set aside the following Resolutions of the public respondent National Labor Relations Commission, to wit:...
Promulgated on 2004-11-26

146. CA GR CV 77338: Heirs of Mariano Vacarizas, et. al. vs. Sps. Fragnacio and Nicolasa Ragojos
Appeal from the decision of the Regional Trial Court of Lingayen, Pangasinan, Branch 38, in Civil Case No. 17624...
Promulgated on 2004-11-26

147. CA GR SP 52327: IMELDA M. STEFFENS, vs. NLRC,et al
Originally filed on December 10, 1996 with the Supreme Court, which subsequently referred it to this Court in its January 25, 1999 Resolution, the herein Petition for Certiorari assails the Order dated September 30, 1996 of the NLRC in NLRC NCR Case NO. 0...
Promulgated on 2004-11-26

148. CA GR SP 86589: ILO CONSTRUCTION, et al., vs. ARIEL ALVIAR
The herein Petition for Review filed under Rule 42 which governs appeals from decisions of the Regional Trial Court in the exercise of its appellate jurisdiction suffers from several fatal infirmities:...
Promulgated on 2004-11-26

149. CA GR SP 40926: R-II Builders vs. Construction Industry, et al
On April 3, 1992, the National Housing Authority (or NHA) invited interested proponents to submit, on or before May 18, 1992, a joint venture proposal (or bid proposal) for the Smokey Mountain Development and Reclamation Project (or SMDRP). A priority pr...
Promulgated on 2004-11-26

150. CA GR SP 77666: HEIRS OF DOMINGA SUMULONG, vs. HON. DEMETRIO B. MACAPAGAL, et al
This is a petition for certiorari with a prayer for the issuance of a temporary restraining order and/or preliminary injunction seeking to annul and set aside the order, dated 23 April 2003, of the Regional Trial Court, National Capital Judicial Region...
Promulgated on 2004-11-26

151. CA GR SP 73261: PHILIPPINE DEPOSIT INSURANCE, vs. HON. ALBERTO V. BENESA
In this petition for certiorari, petitioner Philippine Deposit Insurance Corporation (PDIC) challenges the propriety of the Orders dated February 20, 2002 and July 19, 2002 of respondent Judge declaring the Bangko Sentral ng Pilipinas (BSP, for brevity...
Promulgated on 2004-11-26

152. CA GR SP 87229: Philippine Amusement vs. Samahang Manggagawa, et al
FIRST, the verification and certification on non-forum shopping is signed by Cezar P. Corcuera, sans any accompanying special power of attorney authorizing him to execute the required verification/certification on behalf of petitioner....
Promulgated on 2004-11-26

153. CA GR CR 27529: People vs. Marcelina Cuaresma Ledesma
For failure of the accused-appellant to file her appellant s brief within the extended period despite notice per report of the Judicial Records Division dated November 16, 2004, the appeal in this case is declared ABANDONED and accordingly DISMISSED pursu...
Promulgated on 2004-11-26

154. CA GR SP 84950: Daisy Bernardo vs. Joselito Bernardo, et al
Based on the report of the Judicial Records Division of this Court, no memorandum has been filed despite notice to petitionerappellant s counsel and the lapse of the required period for its filing. Consequently, the appeal is deemed ABANDONED and is hereb...
Promulgated on 2004-11-26

155. CA GR SP 84275: Phil. Business Bank, vs. Hon. Delia Panganiban et a,
This is a Petition for Certiorari under Rule 65 of the 1997 Rules of Civil Procedure seeking to nullify and set aside the Orders dated April 19, 2004, March 1, 2004, November 27, 2003 and October 14, 2003, all issued by the Regional Trial Court, Branch...
Promulgated on 2004-11-26

156. CA GR SP 84635: Sandigan Security Investigation vs. Bonifacio Banila, et al
Alleging grave abuse of discretion for having been denied the cardinal primary requirement of due process, the employer in this petition under Rule 65 assails the Department of Labor and Employment s Orders which the latter issued in the exercise of its v...
Promulgated on 2004-11-26

157. CA GR CR 25446: ELVIE MELECIO, vs. People
Before Us is a Petition for Review under Rule 42 of the Rules of Court assailing the Decision of the Regional Trial Court, Branch 6, Baguio City, dated March 6, 2001, which affirmed with modification the Judgment rendered by the Municipal Trial Court in C...
Promulgated on 2004-11-26

158. CA GR CV 61421: SPS. WILLIAM CAPSEL, vs. CECILIO JOVENAL
In this appeal from the Decision of the Regional Trial Court in Urdaneta City, Pangasinan, Branch 47, per the Hon. Meliton G. Emuslan, dated 07 August 1998, the appellee ascribes the following Assignments of Error:...
Promulgated on 2004-11-26

159. CA GR CV 63146: Makati Insurance Corp., vs. Sincere Maritime Corp., et al
Before us are separate appeals that are both grounded on the damages the vessel MV Sincere No. 5 (vessel) and the private wharf of the Maria Cristina Chemical Industries Inc. (MCCI) suffered while the vessel was docked at the MCCI private wharf to discha...
Promulgated on 2004-11-26

160. CA GR CV 75544: Philippine Leisure Inc., vs. Singapore Airlines
We hereby resolve the appeal filed pursuant to Rule 41 of the Rules of Court by defendant-appellant Singapore Airlines Ltd. from the June 20, 2002 Decision of the Regional Trial Court (RTC), Branch 46, Manila.1 The decision dismissed plaintiff-appellee's...
Promulgated on 2004-11-26

161. CA GR SP 81273: RAUL LUIS, et al., vs. Conrado O. Casing, et al
Assailed in this petition for certiorari with application for a temporary restraining order or writ of preliminary injunction is the Order of the public respondent dated October 21, 2003 granting private respondents Motion for Reconsideration of her July...
Promulgated on 2004-11-26

162. CA GR SP 82477: Lloyd enterprises vs. Hon. Norma Perello, et al
Sometime in 1998, private respondents Sps. Ferdinand and Perseveranda Dolleton filed a Complaint for Declaration of Inexistence of Contracts, Nullity of Extrajudicial Foreclosure Proceedings, Cancellation of Transfer Certificates of Title Nos. 197220 and...
Promulgated on 2004-11-26

163. CA GR SP 87267: Oscar Jimenez vs, Isagani Tulud, et al
The records show that the petition in caption suffers from the following deficiencies: 1. the assailed January 23, 2004 and August 27, 2004 Resolutions (Annexes H and I) are mere photocopies, not certified true copies as required;...
Promulgated on 2004-11-26

164. CA GR SP 84500: Ma. Salome M. Villasis vs. NLRC, et al.
Before Us is a Petition for Certiorari and Prohibition with prayer for issuance of writ of preliminary injunction and temporary restraining order filed by Ma. Salome M. Villasis, proprietress of Tria Garments which is engaged in the manufacturing of chil...
Promulgated on 2004-11-26

165. CA GR SP 70905: Juanito Ramos vs. Purificacion Liwanag, et al
By petition for review, the petitioner appeals the decision rendered on January 29, 2002 in Civil Case No. 2001-0072-D whereby the Regional Trial Court (RTC) of Dagupan City, Branch 44, affirmed in toto the decision issued on February 22, 2001 in Civil...
Promulgated on 2004-11-26

166. CA GR SP 80568: COMMISSION ON AUDIT, vs. HON. JUDGE RICARDO R. ROSARIO, et al
This is a petition for certiorari under Rule 65 of the 1997 Revised Rules of Civil Procedure seeking the annulment of the Order, dated August 1, 2003, denying petitioner Commission on Audit s (COA s) Motion for Reconsideration, dated July 2, 2003, and th...
Promulgated on 2004-11-26

167. CA GR SP 85890: EXECUTIVE CARRIER, et al, vs. NLRC, et al
In its August 31, 2004 Resolution, the Court deferred action on the herein Motion for Extension of Time to File Petition for Certiorari until such time that petitioner/movant will have paid within ten days from notice the complete fees therefor, consider...
Promulgated on 2004-11-26

168. CA GR CV 60201: Nestor Lupango vs. Republic of the Philippines
This is an Appeal from the Order dated 3 November 1997 of the Regional Trial Court of Masbate, Branch 48, granting Nestor Lupango s application for the issuance of a Torrens title pursuant to PD 1529, and confirming his title over the disputed parcel of...
Promulgated on 2004-11-26

169. CA GR SP 75594: Ferdinand Santos, et al vs. NLRC, et al
This petition, captioned as Petition for Review seeks the reversal of the Resolution dated 22 November 2002 of the National Labor Relations Commission (NLRC) in NLRC Case No. 00-10-07385-97 which modified its earlier Resolution dated 16 October 2001 by...
Promulgated on 2004-11-26

170. CA GR CV 58523: Hiers of the late Eyana Olila vs. Johnson Marcos, et al
This is an Appeal from the Order dated 10 October 1997 of the Regional Trial Court (RTC), First Judicial Region, La Trinidad, Benguet, Branch 63, dismissing the Complaint instituted in the names of appellants heirs of the late Eyana Olila by their repre...
Promulgated on 2004-11-26

171. CA GR SP 71745: Landcenter Construction vs. Lourdes Silva
Landcenter Construction and Development Corporation is on a petition for review from a decision of the Regional Trial Court of Paranaque affirming a Metropolitan Trial Court decision in a case for ejectment against it by the respondent Lourdes Silva....
Promulgated on 2004-11-26

172. CA GR CV 68206: Venus Taino vs. VENANCIO OQUIS, et al
This is an appeal from the decision dated July 26, 2000 in Civil Case No. SC-3632, Branch 26, Regional Trial Court, Santa Cruz, Laguna, the dispositive portion of which reads:...
Promulgated on 2004-11-26

173. CA GR SP 87488: Gomeco Metal Corp., vs. Josie Malcampo, et al
It appearing that the petitioner has already rectified the procedural lapses in the petition and its attachments, and in the interest of jusice, its Motion for Reconsideration is hereby GRANTED, and our resolution of dismissal dated September 26, 2004...
Promulgated on 2004-11-26

174. CA GR SP 87505: DIMACULANGAN, vs. NORTHWEST AIRLINES, et al
This is a Petition for Certiorari, under Rule 65 of the Revised Rules on Civil Procedure, assailing the Decision, dated August 25, 2003, of Labor Arbiter Dolores Peralta-Beley, as well as the Resolutions, dated June 23, 2004 and September 6, 2004, rendere...
Promulgated on 2004-11-26

175. CA GR SP 83535: HEIRS OF THE LATE JUAN PACAMARRA VS. PEDRO ALIPIO, ET AL
Finding no new matter of substance that would warrant the modification much less the reversal of the September 13,2004 Decision of this Court, the Motion for Reconsideration filed by petitioners is hereby DENIED for lack of merit....
Promulgated on 2004-11-26

176. CA GR SP 78994: V.C. Barreto Inc., vs. NLRC, et al
By this special civil action for certiorari, the employer seeks to annul the August 30, 2002 decision of the National Labor Relations Commission (NLRC) in NLRC CASE NO. RABI-( L)-10-1139-00(LU-2), (NLRC NCR CA NO. 031060-02) entitled Delia Abuan v. V. C....
Promulgated on 2004-11-26

177. CA GR SP 70026: Evelyn Yu, et al vs. Hon. Adjudication Board
By petition for review, the petitioners appeal the decision rendered on January 9, 2001 in DARAB Case No. 4336 by which the Department of Agrarian Reform Adjudication Board (DARAB) affirmed the decision issued on August 29, 1995 by the Provincial Agrari...
Promulgated on 2004-11-26

178. CA GR CV UDK 9442: Sps. Sepacio vs. Sps. Ramos, et al
There being no showing that the requisite appellate court docket and other legal fees had been paid within the reglementary period, per report of the Judicial Records Division, the appeal in instant case is hereby considered ABANDONED and DISMISSED....
Promulgated on 2004-11-26

179. CA GR SP 57971: Harold Saberon, et al vs. Corzaon Yago
The defendants appeal by petition for review the decision of the Regional Trial Court (RTC), Branch 60, Iriga City, affirming the decision rendered in favor of the plaintiff in Civil Case No. 2540 of the Municipal Trial Court in Cities (MTCC) in Iriga C...
Promulgated on 2004-11-26

180. CA GR CV 65325: An-na Caridad Holdings vs. Republic of the Philippines
This is an appeal filed by the Office of the Solicitor General assailing the decision rendered by Branch 16, Regional Trial Court of Cavite, Cavite City in Land Registration Case No. N-1367, the dispositive portion of which states:...
Promulgated on 2004-11-26

181. CA GR CV 58618: Peter Tan, et al vs. Solidbank Corp.
For resolution before Us is an appeal from a Decision dated November 17, 1997 rendered by the Regional Trial Court of Manila, Branch No. 19 in Civil Case No. 92-60340 for collection of a sum of money with damages. The decretal portion of the decision rea...
Promulgated on 2004-11-26

182. CA GR SP 83486: Andres L. Lucas vs. Hon. Iluminada M. Ines and Antonita G. OAfericua,
This is a certiorari on appeal rooted on the following historical backdrop:...
Promulgated on 2004-11-26

183. CA GR SP 86054: REPUBLIC OF THE PHILIPPINES, vs. FLORENCIA CADIENTE, et al.,
Before this Court is petitioner s Motion for Reconsideration of this Court s Resolution dated September 13, 2004 which dismissed the Petition for Review for having been filed late, for failure to attach an affidavit of service and for attaching mere photo...
Promulgated on 2004-11-26

184. CA GR SP 83280: Nagkakaisang Lakas Manggagawa ng La Tondena vs. Secretary of Labor, et al
It appearing that the arguments raised by the petitioner in its Motion for Reconsideration are mere rehash of those whichwere already passed and ruled upon in the decision of this Court dated September 20, 2004, said motion is hereby DENIED for lack of m...
Promulgated on 2004-11-26

185. CA GR SP 82952: Cayao vs. Kaunlaran Neighborhood
Finding no new matter of substance that would warrant the modification much less the reversal of the September 30, 2004 Decision of this Court, the Motion for Reconsideration filed by petitioners is hereby DENIED for lack of merit....
Promulgated on 2004-11-26

186. CA GR SP 77829: Swordsman & Co., vs. NLRC, et al
Under consideration is a Motion to Withdraw Petition for Certiorari dated 16 November 2004 filed by petitioners, through counsel, praying that an order be issued allowing the withdrawal of the subject petition by virtue of the Compromise Agreement dated...
Promulgated on 2004-11-26

187. CA GR CR 28859: Marilyn Ong, et al vs. People
This is a petition for review of the decision of the RTC of Manila affirming the decision of the MeTC convicting petitioners of several counts of violation of BP 22....
Promulgated on 2004-11-26

188. CA GR SP 77087: ABRAHAM L. CU, SR., et al vs. SALVADOR AUSTRIA,, et al
At the core of this Petition for Certiorari is the question of when to hold the director or officer of a corporation personally and solidarily liable with the latter for a corporate liability....
Promulgated on 2004-11-26

189. CA GR SP 83441: Canyon Woods Resort, et al vs. NLRC, et al
The manifestation and motion of the Office of the Solicitor General to be excused from filing memorandum is noted and granted. Private respondent s memorandum filed on August 30, 2004 is noted....
Promulgated on 2004-11-26

190. CA GR CV 80717: San Lorenzo Development, vs. Mario Zavalla
Considering the report of the Judicial Records Division that no appellant s brief has been filed despite the extended period granted to appellant in the Resolution dated July 30, 2004, the present appeal is dismissed. (Section 1[e], Rule 50, 1997 Rules of...
Promulgated on 2004-11-26

191. CA GR CV 57810: Eternal GArden Memorial vs. The Philippine American Life
This is an appeal from the decision dated 29 May 1996 of the Regional Trial Court of Makati City, Branch 62 in Civil Case No. 14736, the dispositive part of which reads:...
Promulgated on 2004-11-26

192. CA GR CV 71831: JOSEPHINE DE GUZMAN vs. SPOUSES JOSE and MILAGROS VILLACERAN, et al.
This is an appeal from the Decision of the Regional Trial Court of Echague, Isabela dated September 27, 2000 (pp. 174- 179, Records) in Civil Case No. 24-0495,...
Promulgated on 2004-11-26

193. CA GR CV 67684: DANILO SAN JUAN, vs. JAIME ROMERO, ET. AL.,
On appeal is the Order dated April 26, 2000 dismissing plaintiff-appellant Danilo San Juan s complaint for damages filed against defendants-appellees Jaime Romero and Holy Trinity Realty and Development Corporation....
Promulgated on 2004-11-26

194. CA GR CV 66422: SOTOCUA, vs. Zenaida Santos, et al
Before this Court is an appeal from the Decision of the Regional Trial Court, Branch 28, Manila rendered on August 20, 1998, dismissing plaintiffs-appellants Complaint for Injunction and Damages against defendants-appellees for lack of merit....
Promulgated on 2004-11-26

195. CA GR SP 81433: Sps. Pedro Cruz vs. Hon. Ponferada, et al
By petition for certiorari, the Spouses Pedro S. Cruz and Cynthia Casupang, defendants in Civil Case No. 02-47493 entitled Fulgencia Sampuego, etc. v. Sps Pedro S. Cruz and Cynthia Casupang and the Register of Deeds of Quezon City of the Regional Trial...
Promulgated on 2004-11-26

196. CA GR CV 75929: Rudy Llagas, vs. Cesar Yaneza, et al
On appeal by the defendants-appellants is the Decision dated February 22, 2002 of the Regional Trial Court of Morong, Rizal, Branch 79, the decretal portion of which states:...
Promulgated on 2004-11-26

197. CA GR CV 80613: United Coconut Planters Life vs. Jimmy Tan
Considering the report of the Judicial Records Division that no appellant s brief has been filed despite the notice to file brief sent to appellant, the present appeal is dismissed. (Section 1[e], Rule 50, 1997 Rules of Civil Procedure)...
Promulgated on 2004-11-26

198. CA GR CV 80908: Ceferino Moreno, et al vs. Graciano Jasmin, et al
Considering the report of the Judicial Records Division that no appellant's brief has been filed despite the notice to file brief sent to appellant, the present appeal is dismissed. (Section 1[e], Rule 50, 1997 Rules of Civil Procedure)...
Promulgated on 2004-11-26

199. CA GR SP 87533: Talag, vs. Hon. Amor Reyes, et al
This is a petition for prohibition under Rule 65 of the Rules of Court filed by the petitioner against the Presiding Judge of RTC of Manila, Branch 20 and the People of the Philippines. The Office of the Solicitor General which is the office authorized un...
Promulgated on 2004-11-26

200. CA GR CV 68369: Albert U. Bagsit vs. Felipa Bagsit, et al
Assailed in this appeal is the Order dated May 31, 20002 in Special Proceeding No. 5041, In the Matter of Petition to Approve the Holographic Will of the Deceased Maria Arceo Bagsit, of Branch 1, Regional Trial Court, Batangas City, granting the demurrer...
Promulgated on 2004-11-26

201. CA GR SP 86280: ASIATRUST DEVELOPMENT, vs. HON. REGIONAL TRIAL COURT, et al
Petitioner Asiatrust Development Bank (ADB) filed the present Petition for Certiorari and Prohibition1 to annul and set aside the Orders dated July 1, 2004 and August 16, 20042 allegedly issued with grave abuse of discretion amounting to lack of jurisdict...
Promulgated on 2004-11-26

202. CA GR CV 66719: Susan Palad, vs. Ramon Palad
Assailed in the present appeal is the Decision dated January 11, 20002 in Civil Case No. 98-0572 of Branch 109, Regional Trial Court, Pasay City dismissing the petition for Annulment of Marriage filed by petitioner-appellant Susan C. Palad against respo...
Promulgated on 2004-11-26

203. CA GR SP 87459: Arjay Gajasa, et a vs. Eufemia Vergara, et al
Before Us is a Petition for Habeas Corpus filed by petitioners through counsel on 18 November 2004. Finding the said petition to be sufficient in form and substance, it appearing further from the circumstances narrated that a writ is sought to be issu...
Promulgated on 2004-11-25

204. CA GR SP 78208: Loreto Cardama, et al. vs. Greenfield Dev. Corp.
This treats of the Motion For Reconsideration (Rollo, pp. 1069-1111) dated May 23, 2004 filed by petitioners (hereafter, MOVANTS) through counsel. With the filing of the pposition/Comment (Rollo, pp. 1133-1194) dated June 18, 2004, the Motion For Reconsi...
Promulgated on 2004-11-25

205. CA GR CR 27613: People vs. Danilo Laroco
Challenged in this appeal is the 20 November 2002 Decision of the Regional Trial Court, Branch 192, Marikina City in the consolidated Criminal Cases Nos. 2001-4049-MK and 2001-4050-MK, the dispositive portion of which reads:...
Promulgated on 2004-11-25

206. CA GR CV 78333: Felicisima Adduru, vs. Land Bank et al
Before this Court is an ordinary appeal seeking the review of the 18 April 2002 Decision (hereinafter Assailed Decision) of the Regional Trial Court, Third Judicial Region, Branch 33, Guimba, Nueva Ecija sitting as a Special Agrarian Court (SAC) in Civi...
Promulgated on 2004-11-25

207. CA GR CV 70004: Nestor Galang, vs. Juvy Salazar
Before the Regional Trial Court of Angeles City (Branch 62) was an action for declaration of nullity of marriage filed by Nestor Galang (or appellee) against Juvy Salazar (or defendant). The two were married on March 9, 1994 at Mabalacat, Pampanga. Out o...
Promulgated on 2004-11-25

208. CA GR SP 87442: Felisa Ferrer vs. Domingo Carganillo, et al
The Motion for Extension of Time to File Petition for Review filed by petitioner is GRANTED but only for a period of non-extendible fifteen (15) days from the date of expiry of the original period with the condition that the petition will show that it i...
Promulgated on 2004-11-25

209. CA GR CV 74808: SABAS CAEG, vs. HEIRS OF JULIAN CAEG
Appellee Sabas Caeg (hereafter Sabas for brevity) filed before the Regional Trial Court of Calauag, Quezon, a Petition for the Cancellation of Transfer Certificate of Title No. T-15609 of the Office of the Register of Deeds of Quezon and the Issuance, in...
Promulgated on 2004-11-25

210. CA GR CV 76741: Edgar Verzosa vs. Union Motors Corp., et al
Before this Court is an ordinary appeal on the 13 June 2002 and the 30 July 2002 Resolutions of the Regional Trial Court, National Capital Judicial Region, Branch 218, Quezon City in Civil Case No. Q-02-45879, the dispositive portions of which read as f...
Promulgated on 2004-11-25

211. CA GR CV 77948: Gaspar Perez, et al vs. Analiza Damasig, et al
This is an appeal from the Decision dated November 25, 2002 rendered by the Regional Trial Court (RTC), Branch 33, Cadlan, Pili, Camarines Sur, in Civil Case No.P-2108 for Breach of Contract withDamages, the dispositive portion of which reads:...
Promulgated on 2004-11-25

212. CA GR CR 22816: People vs. Takao Shimasaki
On January 6, 1997, Takao Shimasaki (or appellant), a Japanese national, was charged with the crime of illegal recruitment in the Regional Trial Court (or RTC) of Makati City (Branch 150) pursuant to an information which pertinently reads:...
Promulgated on 2004-11-25

213. CA GR SP 86187: Sps. Camilo & Dolores Flores vs. Alberto Valdez, et al
The petition for review faces outright dismissal. FIRST, petitioners failed to attach documents referred to in the petition, such as copies of the following:...
Promulgated on 2004-11-25

214. CA GR CV 77602: Merlita Brotonel vs. Philippine Commercial International Bank, et al
This is an appeal from the Decision (Records, pp. 108-113) of the Regional Trial Court of Calapan City, Oriental Mindoro, Branch 39, in Civil Case No. R-4939 for Damages decided in favor of defendants-appellees, the dispositive portion of which reads:...
Promulgated on 2004-11-25

215. CA GR CV 47200: Pilipinas Shell vs. CMH Agricultural Corp.
This pertains to the motion for reconsideration filed by the defendant third party plaintiff-appellant through counsel on 07 August 2003, seeking for the reconsideration of the Decision dated 30 June 2003, the decretal portion of which reads: CA-G.R. C...
Promulgated on 2004-11-25

216. CA GR CV 66162: National Housing Authority vs. Josefina Rivera, et al
The right of the State to expropriate private property as long as it is for public use always takes precedence over the interest of private property owners. However, we must not lose sight of the fact that the individual rights affected by the exercise of...
Promulgated on 2004-11-25

217. CA GR SP 76563: Klaus K. Schonfeld, vs. Pacific Consultants International, et al
This petition for certiorari under Rule 65 of the Rules of Court assails the Resolutions dated August 6, 20021 and January 30, 20032 issued by the National Labor Relations Commission(NLRC), which affirmed in toto the Decision of the Labor Arbiter in NLRC-...
Promulgated on 2004-11-25

218. CA GR CV 78611: Hydra Terraces vs. Republic
This is an appeal filed by appellant from the decision dated January 21, 2003 of the Regional Trial Court, Branch 6, Tanauan City, in Land Reg. Case No. T-343, the dispositive portion of which reads as follows:...
Promulgated on 2004-11-25

219. CA GR SP 81045: Sps. Cresente Regarde, vs. Royce Motor Center, Inc
This is a petition for review under Rule 42 of the 1997 Rules of Civil Procedure, as amended, assailing the Decision dated November 18, 2003, rendered by the Regional Trial Court (hereafter RTC) of Cabanatuan City,Branch 29, in Civil Case No. 4540 affirmi...
Promulgated on 2004-11-25

220. CA GR CV 69661: Honeycomb Farms Corp. vs. Land Bank of the Phil., et a.
Before Us for resolution is a motion for reconsideration filed by herein defendant-appellant Land Bank of the Philippines, seeking reconsideration of Our September 16, 2004 Amended Decision. After a careful review and evaluation of defendantappellant?s ...
Promulgated on 2004-11-25

221. CA GR SP 81969: Navin.Com ,Inc. vs. Hon. Francisco B. Ibay, et al.
For resolution is private respondents? Motion for Reconsideration dated September 13, 2004 of this Court?s Decision dated August 24, 2004 granting the petition....
Promulgated on 2004-11-25

222. CA GR CV 78293: HEIRS OF FLORENTINO CABATBAT, vs. PACITA CARON, ET AL
Before this Court is an appeal from the decision dated January 10, 2003 of the Regional Trial Court, First judicial Region, Branch 44, Dagupan City in Civil Case No. 2000-0076-D, entitled Heirs of Florentino Cabatbat, namely: Eugenia Cabatbat, Angelina...
Promulgated on 2004-11-25

223. CA GR SP 82817: PNOC-ENERGY DEVELOPMENT, vs. THE BUREAU OF LABOR, et al
Before this Court is a petition for certiorari under Rule 65 of the 1997 Rules of Civil Procedure, assailing the Resolutions dated December 2, 20032 and February 4, 20043 of the Bureau of Labor Relations in BLR-A-C-94-9-10-03 (RO800-MAC1-3-12-2003) entitl...
Promulgated on 2004-11-25

224. CA GR CV 79568: TRAVELERS, vs. JOSE A. SUBIDA,
Before this Court is an appeal from the decision1 dated June 14, 2002 of the Regional Trial Court, National Capital Judicial Region, Branch 142, Makati City in Civil Case No. 00-1544 (SEC CASE No. 06-00-6665) entitled, TRAVELERS INN CONDOMINIUM CORPORATI...
Promulgated on 2004-11-25

225. CA GR SP 85646: Heirs of Catalino Antuerpia vs. Hon. Judge Brusola, et al
Before this Court is a motion for reconsideration of the Resolution dated September 17, 2004 by petitioners alleging that the cited defects in the petition were due to excusable inadvertence and were made without intention to violate nor disregard the...
Promulgated on 2004-11-25

226. CA GR SP 80575: Cedilla vs. Hon. Marcelino Sayo, Jr., et al
This special civil action for certiorari, prohibition and mandamus assails the Order dated 9 October 2003 of the Regional Trial Court (RTC) of Manila, Branch 45, the decretal portion of which is as follows:...
Promulgated on 2004-11-25

227. CA GR SP 63073: Felicitas Reyes, vs. Hon. Aniano Desierto, et al
In this special civil action for certiorari with prayer for the issuance of a temporary restraining order and/or preliminary injunction, petitioner, Felicitas A. Reyes, seeks to nullify the Decision dated 29 September 2000 of the Office of the Ombudsman,...
Promulgated on 2004-11-25

228. CA GR SP 82024: Priority Projects Corp. vs. Hon. Novato T. Cajigal, et al.
Before Us for resolution is a motion for reconsideration filed by herein petitioner on Our decision promulgated on August 9, 2004 denying due course to its petition....
Promulgated on 2004-11-25

229. CA GR SP 81812: CMP FEderal Security vs. NLRC, et al
In this Petition for Certiorari under Rule 65 of the 1997 Rules of Civil Procedure, CMP Federal Security Agency (petitioner) seeks the nullity of the 30 June 2003 Decision of the National Labor Relations Commission in NLRC CA No. 019545-99 which reverse...
Promulgated on 2004-11-25

230. CA GR SP 87112: Fernando Comon, vs. Internal Affiars Board
Before us is a petition for certiorari seeking the nullification and setting aside of the Decision dated July 12, 2004 of public respondent Internal Affairs Board, Office of the Ombudsman, and its Order dated August 5, 2004 denying petitioner s motion...
Promulgated on 2004-11-25

231. CA GR CV 79538: PCI LEASING & FINANCE, INC., vs. JOCELYN MANGAOANG, ET AL.,
For failure of the defendants-appellants to file appellants brief within the extended period which expired on May 19, 2004, the instant appeal is deemed abandoned and dismissed....
Promulgated on 2004-11-25

232. CA GR SP 79632: Joel Almazan, et al. vs. Sps. Fernando & Ana Ma. Zubiri, et al.
Before Us for resolution is a Motion for Reconsideration (Rollo, pp. 119-124) filed by the respondents on Our September 24, 2004 Decision which gave due course to the Petition, reversed and set aside the assailed Decision and Order, and dismissed the s...
Promulgated on 2004-11-25

233. CA GR SP 72713: PANAY VETERANS SECURITY, vs. THE HON. SECRETARY OF LABOR, et al
Amended Decision. For resolution is the Motion for Reconsideration of the November 11, 2003 Decision filed by petitioner praying for its reversal. In said motion, the petitioner anchored its posture on the following...
Promulgated on 2004-11-25

234. CA GR SP 80389: HEIRS OF AGRIPINA CAWILI, vs. ANICIA ARCIAGA, et al
Assailed in this Petition for Certiorari and Prohibition under Rule 65 of the 1997 Rules of Civil Procedure are six (6) orders handed downby public respondent Hon. Ricardo R. Rosario, Pairing Judge of Regional Trial Court of Makati City, Branch 62, in con...
Promulgated on 2004-11-25

235. CA GR SP 78552: Solidbank vs. Hon. Antonio Pozas, 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 Orders dated September 25, 2002, March 4, 2003, and June 5, 2003 of the Honorable Antonio S. Pozas, Presiding Judg...
Promulgated on 2004-11-25

236. CA GR SP 81014: Bhuenn Jun D. Bulatao, et al vs. Hon. Bernardita Gabit Erum, et al..
The petitioner moves for the reconsideration of this Court?s order dated January 8, 2004 (Rollo, p. 132) which dismissed the former?s Petition for Annulment of Judgment with Temporary Restraining Order and Writ of Preliminary Injunction filed on Decemb...
Promulgated on 2004-11-25

237. CA GR CV 79349: Utility Savings and Loan vs. Zenaida de CAstro
This pertains to the Motion for Reconsideration filed by the defendant-appellants through counsel on 30 June 2004, seeking for the reconsideration of the Decision dated 21 May 2004, the decretal portion of which reads: WHEREFORE, all premises considere...
Promulgated on 2004-11-24

238. CA GR SP 87144: Cecilio Domingo vs Sps. Iluminada Ubaldo, et al.
Acting on petitioner's Motion For Extension Of Time posted on October 15, 2004, through the mails, the same is hereby GRANTED. Nonetheless, the petition for review thereafter posted through the JRS Express on October 28, 2004, is ordered DISMISSED, for be...
Promulgated on 2004-11-24

239. CA GR SP 71967: Erlinda Rebellon vs. Francisco Tria, et al
BEFORE US is a motion for reconsideration filed by the respondents through counsel on 30 January 2004, seeking for the reconsideration of the Decision dated 22 December 2003, the text of which reads:...
Promulgated on 2004-11-24

240. CA GR CV 73438: Sps. Angelito Elamparo vs. Shoppers Paradise FTI
Before Us is a motion for Reconsideration filed by plaintiff-appellants on 04 February 2004, seeking for the reconsideration of the Decision dated 12 January 2004, the decretal portion of which reads:...
Promulgated on 2004-11-24

241. CA GR SP 73226: Rosario Guanzon vs., The Office of the President, et al
On petition for review under Rule 43 is the Decision dated 13 June 2002 of the Office of the President dismissing petitioner s appeal and affirming in toto the Order dated 5 December 2000 of then DAR Secretary Horacio R. Morales, Jr., the decretal portio...
Promulgated on 2004-11-24

242. CA GR SP 73888: Senen Rigoroso vs. Hon. Josue Ernacio, et al
This pertains to the Motion for Reconsideration filed by petitioner through counsel on 03 February 2004, seeking for the reconsideration of the Decision dated 30 December 2003, the text of which reads: WHEREFORE, all premises considered, the instant pet...
Promulgated on 2004-11-24

243. CA GR CR 21764: People vs. Herminio Calosa, et al
For the stab wounds and other injuries sustained by Vicente Miranda, Jr. (or complainant), Messrs. Herminio Calosa (or Calosa) and Ogie Manilag (or Manilag) were charged with frustrated murder before the Regional Trial Court of Palayan City (Branch 40)....
Promulgated on 2004-11-24

244. CA GR CV 55479: SUSAN S. NAVARRO, vs. MA. DOLORES NAVARRO, et al
Before this Court is an appeal from the decision1 rendered by the Regional Trial Court, Branch 67 of Pasig, Metro Manila as well as its order denying defendants-appellants motion for reconsideration....
Promulgated on 2004-11-24

245. CA GR SP 81213: Domingo Pantig, et al vs. Hon. Patrocinion Corpuz, et al
Subject of this petition for certiorari under Rule 65 of the Rules of Court are the Order of the Regional Trial Court of San Fernando, Pampanga, Branch 43, dated 19 February 2002 and the Resolution of the Regional Trial Court of San Fernando, Pampanga, B...
Promulgated on 2004-11-24

246. CA GR CV 80931: The Ilocano Congregation, vs. The Register of Deeds of Quezon City, et al
This resolves the EX PARTE MOTION FOR A LAST EXTENSION OR ADDITIONAL PERIOD TO FILE BRIEF FOR APPELLANT RURAL BANK OF BACOLOR, INC., dated 19 October 2004....
Promulgated on 2004-11-24

247. CA GR CR 27054: People vs. Gerald Chan y Campo
Before the Court is an appeal from the Decision dated October 22, 20022 of Branch 46, Regional Trial Court, Masbate City finding accused-appellant Gerald Chan y Campo guilty of the crime of frustrated homicide....
Promulgated on 2004-11-24

248. CA GR CV 79193: Metropolitan Bank vs. Sps. Roberto Pascual
Appeal by writ of error from the Decision of the Regional Trial Court of Tarlac City, Branch 65, in Civil Case No. 9208, the decretal portion whereof reads...
Promulgated on 2004-11-24

249. CA GR CV 74124: Heirs of Carmen & Paz Danao, vs. Heirs of Anita Danao vda. de Katigbak
The Heirs of Carmen Danao and Paz Danao (plaintiffsappellants) appeal the Decision dated January 21, 2002, of the Regional Trial Court (RTC), Branch 45, Masbate City, in Civil Case No. 4765 which dismissed their complaint for Partition, Accounting and Ca...
Promulgated on 2004-11-24

250. CA GR CV 63929: KONKRETE SYSTEMS, vs. Ultramis Ready Concrete
BEFORE US is an appeal from the Decision rendered by the Regional Trial Court, Branch 7, Manila, in Civil Case No. 96-78581, the dispositive portion of which reads, as follows:...
Promulgated on 2004-11-24

251. CA GR SP 86024: National Food Authority vs. Tinaytayan,et al
This treats of the petition for certiorari and prohibition with prayer for issuance of preliminary injunction and application for TRO filed on August 30, 2004 and the Urgent Motion for Issuance of a Temporary Restraining Order dated October 11, 2004....
Promulgated on 2004-11-24

252. CA GR SP 87397: Nicolas Bulalacao, Jr. vs Hon. Henry Basilia, et al.
The instant petition for certiorari is ordered DISMISSED and considered as not having been filed, for failing to attach a written explanation why the service of pleading to the respondents was not done personally in violation of Section 11, Rule 13 of th...
Promulgated on 2004-11-24

253. CA GR SP 80817: Joy Olmo, et al vs. Hon. Eliodoro Ubiadas, et al
BEFORE US is a Motion for clarification/Reconsideration (Rollo, p.83) filed by petitioners through counsel on 15 September 2004, seeking for the reconsideration of the Decision dated 30 April 2004, the decretal portion of which reads:...
Promulgated on 2004-11-24

254. CA GR CV 70036: Sps. Felix Loy-odan vs. Sps. Ereneta Tolding, et al
BEFORE US is a motion for reconsideration filed by the plaintiff appellants on 04 December 2003 via registered mail, seeking for the reconsideration of the Decision dated 29 October 2003, the text of which reads:...
Promulgated on 2004-11-24

255. CA GR SP 79299: VICTORIA D. MENDOZA, vs. NLRC, et al
In the instant Petition for Certiorari under Rule 65 of the Rules of Court, petitioner Safeway International Management Services (Safeway) assails (1) the 30 August 2002 Resolution of the National Labor Relations Commission (NLRC) in NLRC NCR Case Nos. OF...
Promulgated on 2004-11-24

256. CA GR SP 76997: SERAFINA ALVAREZ, et al., vs.and MARIO Zavalla, et al
This is a petition for certiorari and mandamus seeking to annul and set aside the orders, dated 14 November 2002 and 31 January 2003, of public respondent Provincial Adjudicator Virgilio M. Sorita, in DARAB Case No. IV-La-0370-94, denying petitioner s U...
Promulgated on 2004-11-24

257. CA GR CV 73992: METROPOLITAN BANK, vs. FEDERAL BUILDERS, INC. et al
Challenged in this appeal is the Decision in a suit for Damages filed by the appellant Metropolitan Bank and Trust Company (or hereafter Metrobank) against the appellee Federal Builders, Inc. (or Federal Builders), the Concentric Project Management (or C...
Promulgated on 2004-11-24

258. CA GR CV 64710: Alfonso Go vs. Charito Sining
This is an appeal from the decision dated 08 June 1999 of the Regional Trial Court of Abra, Bangued, Branch 1, in Civil Case No. 1582, the dispositive part of which reads:...
Promulgated on 2004-11-24

259. CA GR SP 83308: METROPOLITAN BANK, vs. HON. BENJAMIN T. ANTONIO, et al
Petitioner Metropolitan Bank and Trust Company (Metrobank) comes by way of the instant petition for certiorari under Rule 65 of the Rules of Court seeking to annul the Orders dated June 4, 20031 and February 5, 2004, issued by respondent Judge Benjamin...
Promulgated on 2004-11-24

260. CA GR SP 80440: Rogelio Aman, vs. NLRC, et al
This special civil action for certiorari filed by petitioner Rogelio Aman seeks to annul and set aside the Resolution dated 12 September 2002 of the National Labor Relations Commission (NLRC), which affirmed the ruling of the Labor Arbiter that there was...
Promulgated on 2004-11-24

261. CA GR CR 28618: People vs. PO2 Joseph Casimero
Considering that accused-appellant is at large, the instant appeal is hereby DISMISSED pursuant to Rule 128, Section 8, paragraph 2....
Promulgated on 2004-11-24

262. CA GR CR 28654: People vs. Edna Gagarin
Considering that accused-appellant is at large, the instant appeal is hereby DISMISSED pursuant to the Rule 128, Section 8, paragraph 2....
Promulgated on 2004-11-24

263. CA GR CV 68019: UNIVERSAL ROBINA, vs. MARINA R. VIERNES
Section 6, Rule 18 of the Revised Rules of Court provides that failure to file pre-trial brief shall have the same effect as failure to appear at pre-trial. Section 5, Rule 18 of the Revised Rules of Court provides that failure by the plaintiff to appe...
Promulgated on 2004-11-24

264. CA GR CV 80475: Casimiro Barot vs. Narciso Rafol
This is an appeal from the decision dated September 25, 2003 of the Regional Trial Court, Branch 19, Bangui, Ilocos Norte, in Civil Case No. 604-19, entitled Casimiro Barot vs. Narciso Rafol for Easement of Right of Way....
Promulgated on 2004-11-24

265. CA GR SP 87030: EQUITABLE PCI BANK, vs. HON. CELSO D. LAVINA, et al
Assailed in this petition for certiorari under Rule 65 is the Order dated September 1, 2004 granting the application for a writ of preliminary injunction, as well as the Order dated October 13, 2004 denying petitioner s motion for reconsideration thereof,...
Promulgated on 2004-11-24

266. CA GR CR 27858: People vs. DANIEL GATCHALIAN
On appeal is the Decision1 dated August 28, 2003 of the Regional Trial Court of Makati City, Metro Manila in Criminal Case No. 03-474 convicting the accused Daniel Gatchalian y Fernandez of illegal possession of dangerous drugs and sentencing him to suff...
Promulgated on 2004-11-24

267. CA GR SP 87445: LORIEGA, vs. FACT-FINDING. et al
Before this Court is a petition for certiorari and prohibition filed under Rule 65 seeking to reverse and set aside the Orders dated February 10, 2003 and September 6, 2004, rendered by Honorable Ombudsman Simeon V. Marcelo finding probable cause for the...
Promulgated on 2004-11-24

268. CA GR SP 87133: LIGAYA CONSTRUCTION, et al., vs. DR. ROMMEL A. WYCOCO, et al
Sec. 2, Rule 42 of the Rules of Court allows the Court to grant a nonextendible l5-day extension from the lapse of the original reglementary period within which to file Petition for Review. No further extension shall be allowed except for the most compell...
Promulgated on 2004-11-24

269. CA GR SP 84220: ABS-CBN Broadcasting Corp., vs. NLRC, et al
This petition for certiorari seeks to annul and set aside the Decision dated January 30, 2004 and the Resolution dated April 30, 2004, both issued by the National Labor Relations Commission, Second Division in NLRC-NCR Case No. 00-11-05980-2001. Petiti...
Promulgated on 2004-11-24

270. CA GR SP 83451: MA. CONSOLACION M. NAHAS, vs. NLRC
Invoking Rule 65 of the 1997 Rules of Civil Procedure, petitioner filed this petition for certiorari seeking to annul the Resolutions of public respondent National Labor Relations Commission (NLRC) dated November 5, 20031 and February 4, 20042, finding he...
Promulgated on 2004-11-24

271. CA GR CR 28709: People vs. Edwin Malig
Considering that accused-appellant jumped bail, the instant appeal is hereby DISMISSED pursuant to Rule 128, Section 8, paragraph 2....
Promulgated on 2004-11-24

272. CA GR SP 86696: George Brown vs. The Hon. Judge Herminio Z. Canlas, et al.
The Petition for Certiorari filed by petitioner George Brown which seeks to nullify and set aside the Order1 dated 27 July 2004 denying his (a) Motion for Reconsideration and (b) Supplemental Motion for Reconsideration of the public respondent?s Decisio...
Promulgated on 2004-11-24

273. CA GR CV 75962: Geronimo Sureta III, et al. vs. Sps. Macanas, et al.
On appeal is the decision dated April 30, 2002 of Regional Trial Court Branch 4 of National Capital Judicial Region in Civil Case No. 97-85168 dismissing the complaint filed by plaintiffsappellants for annulment and cancellation of TCT No. 194583 with dec...
Promulgated on 2004-11-24

274. CA GR SP 77331: Union Bank vs. Pryce Gases, Inc., et al
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 petitioner s Motion for Reconsideration is hereby DENIED for lack of merit....
Promulgated on 2004-11-24

275. CA GR SP 68996: ADVANCED FORCES, et al, vs. NLRC, et al
Abandonment has two elements that must concur: (1) employee s failure to report for work or his absence without a valid or justifiable reason, and (2) a clear intention by the employee to sever the employer-employee relationship, the second element bein...
Promulgated on 2004-11-24

276. CA GR SP 73414: MA. ISABEL VENTURA,, vs. NLRC, et al
A compromise agreement is executed by parties who adjust their difficulties by mutual consent in order to prevent or to put an end to a lawsuit and has the effect of res judicata between them. It can only be annulled if there is clear proof that the comp...
Promulgated on 2004-11-24

277. CA GR CV 65603: EDUARDO QUIZON, et al. vs. GLORIA G. BAELLO, et al
Extrinsic fraud as a ground for annulment of judgment contemplates a situation where a litigant commits acts outside of the trial of the case, the effect of which prevents a party from having a trial, a real contest, or from presenting all of his case to...
Promulgated on 2004-11-24

278. CA GR CV 76977: ANTOLIN M. SILVA, vs. LOURDES P. SILVA,
A person who occupies the land of another at the latter s tolerance or permission, without any contract between them, is necessarily bound by an implied promise that he will vacate the same upon demand, failing which a summary action for ejectment is th...
Promulgated on 2004-11-24

279. CA GR SP 80397: Sps. Agon vs. Hon. Mariano A. Morales, et al.
Petitioners seek the review of the Decision rendered by the Regional Trial Court, Branch 63, Calauag, Quezon, in the exercise of its appellate jurisdiction, which reversed the ruling of the Municipal Trial Court of Tagkawayan, Quezon, and dismissed the co...
Promulgated on 2004-11-24

280. CA GR CV 81397: Rodolfo V. Toledano, et al. vs. Guanzon-Rodriguez Investment Corp., et al.
With the Compliance filed by W.C Mangilman Law Office, forwarded to this Court via registered mail on October 29, 2004 and which signifies the plaintiffs-appellants conformity to the Notice of Withdrawal of Appeal, the extant appeal is hereby deemed WITHD...
Promulgated on 2004-11-24

281. CA GR SP 83608: AVIS METERED TAXI, et al vs. NLRC, et al
Petitioners Avis Metered Taxi and/or Vingie Guevarra and Rene Piopongco assail in this Petition for Certiorari the Decision of the National Labor Relations Commission (NLRC) promulgated on October 21, 2003 which affirmed the findings of the Labor Arbiter...
Promulgated on 2004-11-24

282. CA GR SP 67843: COMMISSIONER OF Internal Revenue vs. ENRON SUBIC POWER
Petitioner prays for the reversal of the Decision1 of the Court of Tax Appeals (CTA) promulgated on September 12, 2001 ordering the cancellation and withdrawal of the deficiency income tax assessment for the year 1996 against respondent and of the Resolu...
Promulgated on 2004-11-24

283. CA GR CV 64490: Metropolitan Bank vs. Sps. Gerardo Villanueva
Before us are the consolidated cases consisting of: 1) an appeal interposed by spouses Gerardo and Editha Villanueva from the Decision dated 8 May 1998 rendered by the Regional Trial Court of Malolos, Bulacan, Branch 78, in L.R.C. Case No. P-542-97 for...
Promulgated on 2004-11-24

284. CA GR CV 75798: Lucia Alterman, vs. BPI, et al
Defendant-appellants Gertrudes Feliciano, et al., filed a Motion for Leave and Manifestation to Adopt Appellant s Brief of Defendant- Appellant Bank on April 13, 2004....
Promulgated on 2004-11-24

285. CA GR SP 81251: CIRILO A. PIAL, vs. NLRC, et al
An original action for certiorari directed against the June 30, 2003 decision of the National Labor Relations Commission, the decretal portion of which reads as follows:...
Promulgated on 2004-11-24

286. CA GR CV 73156: GUILLERMO LEEGON, et al vs. Solidbank Corp.
Before us are two (2) motions for partial reconsideration of the decision dated June 7, 2004 filed by both appellees and appellant....
Promulgated on 2004-11-24

287. CA GR SP 57589: People vs. Josephine Gamboa, et al
This special civil action for certiorari assails the Order issued by the lower court (RTC, Br. 103, Quezon City), which dismissed Criminal Cases Nos. Q-99- 82336-7 (People of the Philippines, Plaintiff, versus P/Chief Insp. Antonio E. Andres, et. al., A...
Promulgated on 2004-11-24

288. CA GR CV 78875: Eduardo Rayo vs. Metropilitan Bank
THE Court may, motu propio or on motion of the defendant, dismiss a complaint for failure of the plaintiff to comply with its lawful order....
Promulgated on 2004-11-24

289. CA GR CR 23857: People vs RODRIGO RILLERA,
Before us is an appeal from the Decision of the Regional Trial Court, Branch 33, Bauang, La Union finding accused-appellant Rodrigo Rillera guilty of the crime of frustrated homicide....
Promulgated on 2004-11-24

290. CA GR CR 27875: People vs. Ma. Theresa Oben
The appellant Ma. Theresa Oben y Flores @ Theo (or hereafter Oben), was charged with Possession Of Dangerous Drug During A Pot Session (or Violation of Sec. 13 in relation to Sec. 11, 2nd Par. No. 3, Art II of RA 9165) in the Information specifying:...
Promulgated on 2004-11-24

291. CA GR CV 74985: Erlinda V. Perez Realty, et al vs. Roberto Tiu, et al
On appeal by plaintiffs is the Order dated 3 April 2001 of the Regional Trial Court of Pasig City, Branch 71, dismissing their complaint for injunction with damages, to wit:...
Promulgated on 2004-11-24

292. CA GR CR 27181: People vs. Ma. Luisa Bongan y Caguia
Before us is an appeal filed by accused MA. LUISA BONGAN Y CAGUIA from the Decision dated December 3, 2002 of the Regional Trial Court, Branch 93, San Pedro, Laguna, in Criminal Case No. 0636-SPL entitled People of the Philippines versus MA. LUISA BONGAN...
Promulgated on 2004-11-24

293. CA GR CV 78322: Sps. Romeo and Loida Gomez, vs. Flora Nocon, et al
Perusing over the arguments raised in plaintiffs-appellants Motion for Reconsideration, We find no justification to compel us to modify, alter or reverse Our Decision dated July 9, 2004....
Promulgated on 2004-11-24

294. CA GR SP 83110: SPOUSES JOSE CATAUSAN, vs. RURAL BANK OF SARIAYA, et al
This is a Petition for Certiorari with prayer for the issuance of a temporary restraining order and/or writ of preliminary injunction under Rule 65 of the Rules of Court seeking inter alia the reversal and setting aside of the Orders dated January 23, 2...
Promulgated on 2004-11-24

295. CA GR CR 27048: People vs. Nildo Miayo y Sayao, et al.
Appellant Richard Batiles y Ventura was charged with the crime of Frustrated Homicide along with Nildo Miayo and Benchito Abarrientos in an information dated December 17, 1997...
Promulgated on 2004-11-23

296. CA GR CV 73261: Pedro Zipagan vs. Violeta Lim
Appeal by writ of error from the Decision, dated November 13, 2001, of the Regional Trial Court of Cabagan, Isabela, Branch 22, in Civil Case No. 22-789, ordering defendant to pay Seventy Thousand Pesos (Php70,000.00) with interest at the legal rate recko...
Promulgated on 2004-11-23

297. CA GR SP 86790: Rolando Villamante, et al vs. NLRC, et al
THE petition for certiorari faces outright dismissal because the verification and certification on non-forum shopping was signed by only one of the petitioners, Rolando Villamante....
Promulgated on 2004-11-23

298. CA GR CV 70577: FERCHEMX CORPORATION, et al vs. LIBORIO V. LUMAIN
We have carefully perused the Motion for reconsideration filed by defendant-appellant through counsel of Our Decision dated September 13, 2004 and We find no cogent or compelling reason to reconsider the same....
Promulgated on 2004-11-23

299. CA GR CR 27264: People vs. Antonio Quirao y Arancillo
Before the Court is an appeal by the accused-appellant assailing the June 7, 2002 decision of the Regional Trial Court (RTC) of Valenzuela City, Branch 172, in Criminal Case No. 431-V-01. The dispositive portion of the assailed decision, which found hi...
Promulgated on 2004-11-23

300. CA GR SP 84268: Amvir Marketing vs. NLRC, et a;
The Comment filed by private respondent on June 28, 2004 is hereby NOTED. Anent the Motion filed by petitioner on August 30, 2004 praying that the petition be considered withdrawn on the ground that the parties have settled their differences as shown by...
Promulgated on 2004-11-23

301. CA GR SP 76285: I.M. Bongar & Co., Inc. vs. Hon. Henrick F. Gingoyon, et al.
For resolution is petitioner?s Motion for Reconsideration of this Court?s decision dated August 9, 2004 dismissing the instant petition for lack of merit....
Promulgated on 2004-11-23

302. CA GR SP 80658: DARMES TRADING, vs. ZUELLIG PHARMA, et al
Upon due consideration of petitioner?s Motion for Reconsideration and respondents? Comment thereon, the Court finds no compelling reason to reconsider its Decision dated September 1, 2004 as the arguments raised in the motion is a mere rehash of the sa...
Promulgated on 2004-11-23

303. CA GR CR 24810: People vs. Vicente Magbago
The accused appeals the decision of the Regional Trial Court of Naic, Cavite, Branch XV, finding him guilty beyond reasonable doubt of Indirect Contempt, defined and penalized under Sections 3 (b), 6, and 7 of Rule 71 of the 1997 Rules of Civil Procedure,...
Promulgated on 2004-11-23

304. CA GR SP 87052: FORM-EZE SYSTEMS, INC., vs. ISABELITA PAREDES-MERCADO, et al
This is a Petition for Review filed by Form-Eze Systems, Inc. seeking the nullification and setting aside of the Resolution dated March 26, 2004 of the Department of Justice (DOJ), dismissing its petition for review of the resolution of the City Prosecut...
Promulgated on 2004-11-23

305. CA GR SP 86545: Felipe Carino, vs. Hon. Lydia Querubin Layosa, et al
Before us is a Petition for Certiorari under Rule 65 of the 1997 Rules of Civil Procedure, seeking to nullify and set aside the Orders dated August 26, 2003 and December 4, 2003 of the Regional Trial Court of Quezon City, Branch 217, in Civil Case No....
Promulgated on 2004-11-23

306. CA GR SP 66948: SPS. JHOHENAS M. REDRICO, vs. HON. SALVADOR S. TENSUAN, et al
For our consideration is private respondent s Motion to Dismiss the Petition for Annulment of Judgement with Prayer for the Issuance of Temporary Restraining Order filed by petitioners to annul the judgement of the Regional Trial Court of Makati, Branch...
Promulgated on 2004-11-23

307. CA GR CR 27455: People vs. Ramon Go, et al.
The more important duty of the prosecution is to prove the identity of the perpetrator and not to establish the existence of the crime. For even if the commission of the crime is established, without proof beyond reasonable doubt of the identity of the p...
Promulgated on 2004-11-23

308. CA GR CR 26165: People vs. Arnold Yabut and Roberto Rayray
The accused appeal the decision of the Regional Trial Court of Urdaneta City, Pangasinan, Branch 48, finding them guilty beyond reasonable doubt of the crime of Homicide....
Promulgated on 2004-11-23

309. CA GR CR 26562: People vs. Ronnie Sumbillo, et al.
This is an appeal from the decision of the Regional Trial Court, Branch 33, Manila, convicting accused-appellants Ronnie Sumbillo of the offense of Francisco Sericon, Joselito Sericon and Felix Gayuso, Jr. as accomplices.attempted murder as principal a...
Promulgated on 2004-11-23

310. CA GR CV 66888: Bienvenido Alamo vs. Sps. Ambata, et al.
This is an appeal from the Decision1 dated October 11, 1999 of the Regional Trial Court (RTC), Branch 19 of Bacoor, Cavite in Civil Case No. BCV 98-9...
Promulgated on 2004-11-23

311. CA GR SP 84649: Ramir Belmonte vs. Sangguniang Pambarangay of Tamban, et al
May the members of a sangguniang barangay be compelled by mandamus to give their concurrence to the appointment made to a barangay secretary by the punong barangay? This is the threshold issue in this appeal from the decision dated February 17, 2004 of...
Promulgated on 2004-11-23

312. CA GR SP 66860: Teodulo Lucas vs. Hon. Arsenio P. Adriano, et al.
A party who failed to observe very elementary rules of procedure which are mandatory caused his own predicament. To exculpate him from the compulsory coverage of such rules is to undermine the stability of the judicial process, as the bench and bar will...
Promulgated on 2004-11-23

313. CA GR SP 78974: Teresita Tan Tiong, et al vs. Bernardo Ocampo, et al
This pertains to the Motion for Reconsideration filed by respondents through counsel on 18 May 2004, seeking for the reconsideration of the Resolution dated 31 March 2004, the text of which reads:...
Promulgated on 2004-11-23

314. CA GR CV 66918: Enexcor Phils. Corp., vs. Megalite Electric Corp., et al
This is an appeal from the decision dated February 7, 2000 of the Regional Trial Court of Manila, Branch 30, in Civil Case No. 97-84884 for sum of money, the dispositive portion of which reads:...
Promulgated on 2004-11-23

315. CA GR CR 27453: People vs. Ronald Bistro y Calachan
Before this Court is an appeal from the March 4, 2003 decision of the Regional Trial Court of Dagupan City, Branch 44, in Criminal Case No. 2002-0509-D, convicting the accused-appellant of Violation of Section 12, Article II of Republic Act No. 9165....
Promulgated on 2004-11-23

316. CA GR SP 66556: Victor Salvador, et al. vs. Hon. Luis R. Tongco, et al.
A party is not entitled to enforce a compromise agreement to which he is not a party, and that as to its effect and scope, its effectivity is limited to the parties thereto....
Promulgated on 2004-11-23

317. CA GR CV 60476: Oliva Garcia, et al. vs. Fidel Lincuran
Before this Court is an appeal from the January 9, 1998 decision1 of the Regional Trial Court of Gumaca, Quezon, Branch 61, in Civil Case No. 2111-G, dismissing the plaintiffs-appellants action to recover possession of a parcel of land located in Barrio...
Promulgated on 2004-11-23

318. CA GR SP 87337: Esmeralda C. Malapit, et al. vs. Hon. Marlene Gonzales-Sison, et al.
Before us is a Petition for Certiorari (Under Rule 65 of the 1997 Rules of Civil Procedure, as Amended) with Urgent Prayer for a Temporary Restraining Order or Preliminary Injunction filed by the petitioners, through their counsel, assailing the August...
Promulgated on 2004-11-23

319. CA GR SP 77793: Producers Credit Corp., vs. Hon. Jane Aurora Lantion, et al
In this petition for certiorari with prayer for issuance of a temporary restraining order and preliminary injunction, Producers Credit Cooperative (PCC) seeks a reversal of the Order dated March 4, 2003 of the Regional Trial Court of Lipa City, Branch...
Promulgated on 2004-11-23

320. CA GR SP 84105: UCPB Leasing & Finance Corp. vs. The Dept. of Justice & Lolita Cruz
Assailed by this petition for certiorari are the Resolution dated July 2, 2003 of the Department of Justice which dismissed the petition for review filed by petitioner UCPB Leasing and Finance Corporation against private respondent Lolita Cruz; and the...
Promulgated on 2004-11-23

321. CA GR CV 75468: Pedro Matias, et al vs. Leopoldo Matias
Defendants-appellants seek reconsideration of Our Decision promulgated on July 15, 2004 which affirmed the appealed decision with modification....
Promulgated on 2004-11-23

322. CA GR SP 79107: JEAN LOUISE MODERN, et al., vs. NLRC, et al
We have carefully perused the Motion for Reconsideration filed by petitioners through counsel of Our Decision dated August 24, 2004 and find no cogent or compelling reason to reconsider the same....
Promulgated on 2004-11-23

323. CA GR CR 27735: Redante L. Esconde vs. People, et al.
Before Us on petition for review is the April 7, 2003 Decision of the Regional Trial Court (RTC) of Pasay City, Branch 112, in Criminal Case Nos. 02-1166 to 1172, affirming the previous decision of the Municipal Trial Court of Pasay City, Branch 47, fi...
Promulgated on 2004-11-23

324. CA GR SP 83595: Nicanor Satsatin vs. Hon. Lucenito Tagle, et al
This is a Petition for Certiorari, Mandamus and Prohibition with Application for the Issuance of the Writ of Preliminary Injunction and/or Temporary Restraining Order seeking to nullify and set aside the Order dated December 15, 2003 issued by Dolores L...
Promulgated on 2004-11-23

325. CA GR SP 81270: Coca-Cola Bottlers, vs. NLRC, et al
Petitioner seeks reconsideration of Our Decision promulgated September 28, 2004 which dismissed the petition....
Promulgated on 2004-11-23

326. CA GR SP 81544: Journal Employees Union vs. NLRC, et al
Acting on the respondents Motion for Reconsideration of Our Decision dated August 17, 2004, the Court finds no new matters which were not taken into consideration in arriving at the said decision and/or which would warrant a reversal or modification there...
Promulgated on 2004-11-23

327. CA GR SP 77242: Joseph Esmedullar, et al. vs. Director of Bureau of Labor Relations, et al.
This is a Petition for Certiorari with prayer for issuance of a temporary restraining order under Rule 65 of the Revised Rules on Civil Procedure seeking to set aside the following resolutions issued by Hon. Hans Leo J. Cacdac, Director of the Bureau of...
Promulgated on 2004-11-23

328. CA GR SP 77518: Rodolfo Mago, et al. vs. Hon. Rolando M. Panganiban, et al.
Before Us for resolution is a Petition for Certiorari under Rule 65 of the 1997 Rules of Civil Procedure (dated May 21, 2003) filed by the herein petitioners-appellants (pages 04-06 of the Rollo), on the Order of the Regional Trial Court (Branch 40) in...
Promulgated on 2004-11-23

329. CA GR CR 27148: People vs. Condrado Mondia, et al
This is an appeal from the Decision1 dated October 10, 2002 of the Regional Trial Court of Olongapo City, Branch 75, in Criminal Case Nos. 59-97 and 60-97, finding accused Conrado Mondia and Maria Barrios, respectively, guilty beyond reasonable doubt of...
Promulgated on 2004-11-23

330. CA GR SP 73409: Premium Carbon Corp., et al. vs. Wilfredo Gonzales, Jr., et al.
In compliance with the Resolution dated September 9, 2004 of this Court, a Joint Manifestation dated September 23, 2004 was submitted by the parties showing the conformities of petitioners, represented by their president, Michael T. Ang and private re...
Promulgated on 2004-11-23

331. CA GR CV 69998: Sps. Inocentes, et al. vs. Sps. Fontillas, et al.
On appeal is the Decision1 dated December 23, 1999, of the Regional Trial Court (RTC), Branch 72 of Olongapo City in Civil Case No. 442-0-95...
Promulgated on 2004-11-23

332. CA GR SP 81720: Capitle vs. Fortunato Elbambuena et al
Appeal by petition for review from the decision of the Department of Agrarian Reform Adjudication Board (DARAB), Diliman, Quezon City dated December 29, 2003, captioned as DARAB CASE NO. 6750, which overturned the findings of the PARAD, Region III, Bran...
Promulgated on 2004-11-23

333. CA GR SP 83997: RESTITUTA MALENIZA VDA de Imerial vs. Hon. Alfredo Cabral, et al
FOR failure of petitioner to file her petition for review within the extended reglementary period which expired on May 16, 2004 and to comply with Our Resolution dated July 16, 2004, giving the petitioner ten days to remit her balance for the docket fees,...
Promulgated on 2004-11-23

334. CA GR SP 82939: Cresencia Santos vs. Hon. Jaime Salazar, et al
Assailed in this Petition for Certiorari are the Orders dated November 17, 2003 and January 22,2004 issued by public respondent Judge Jaime N. Salazar, Jr. of the Regional Trial Court (RTC) of Quezon City, Branch 103, in Criminal Case No. Q-03-116969....
Promulgated on 2004-11-23

335. CA GR SP 80622: Nestle Philippine, vs. Hon. Sison, et al
There being no new or novel issues presented by the petitioners, and considering that the issues raised in the present motion have already been sufficiently passed upon and threshed out in the questioned decision, the MR must fail....
Promulgated on 2004-11-23

336. CA GR SP 86158: All Asia Plans vs. Hon. Ruben Ayson, et al
This is in regard to the application of petitioner for a temporary restraining order to enjoin public respondent from further hearing the case at hand allegedly because venue was improperly laid....
Promulgated on 2004-11-23

337. CA GR CV 76713: Margaret Rose Ombao vs. David Yalong Ombao, et al
THE STATE has appealed the Decision granting the petition for declaration of nullity of marriage of petitioner-appellee Margaret Rose F. Streegan-Ombao declaring respondent husband David Yalong Ombao as psychologically incapacitated....
Promulgated on 2004-11-23

338. CA GR SP 82633: Tentay Food vs. Hon. Patricia Sto. Tomas, et al
An employee s right to vote in a certification election is an essential aspect of his constitutionally guaranteed right to selforganization for the purpose of collective bargaining....
Promulgated on 2004-11-23

339. CA GR SP 78557: GVJ LAMINATION CENTER, et al vs. NLRC, et al
Assailed in this petition for certiorari which petitioners GVJ Lamination Center (GVJ) and Jimmy You filed under Rule 65 of the Rules of Court are: (1) the 28 February 2002 decision of Labor Arbiter Lutricia F. Quitevis-Alconcel; (2) the 10 April 2003 res...
Promulgated on 2004-11-23

340. CA GR CR 28602: People vs. Raymundo Torres
It appearing that the motion for extension of time to file appellant s brief was filed out of time and considering further the report of the Judicial Records Division that as of 11 November 2004, no appellant s brief has yet been filed, the appeal is he...
Promulgated on 2004-11-23

341. CA GR SP 78218: Licomcen Inc., vs. Foundation Specialist
Before us is a Petition for Review under Rule 43 of the Revised Rules of Court, with a prayer for the issuance of a Temporary Restraining Order and/or Writ of Preliminary Injunction, assailing the Decision1 of the Construction Industry Arbitration Commiss...
Promulgated on 2004-11-23

342. CA GR SP 69000: Zarate vs. Tulagan
Before this Court is a Motion for Reconsideration filed by respondents of this Court s Decision dated November 25, 2003....
Promulgated on 2004-11-23

343. CA GR SP 64955: Aire Temp Technologist, vs. NLRC, et al
Before Us on certiorari is Aire Temp Technologist Inc. which was sued by its employees Philip Caysido and Jose Rosales when it terminated their employment. Caysido was dismissed on August 15, 1998, while Rosales was no longer allowed to work when he came ...
Promulgated on 2004-11-23

344. CA GR SP 85865: Philamcare Health Systems, vs. Jennifer Tanada, et al
Before Us is a Joint Manifestation dated 29 October 2004 praying that a judgment be rendered based on the Compromise Agreement executed and signed between Jennifer E. Tanada, PHILAMCARE EMPLOYEES ASSOCIATION (PEMPAS) and Marie Joyce O. Lacson, representin...
Promulgated on 2004-11-23

345. CA GR SP 64043: Basilisa Lim, et al vs. Dungaran
Amended Decision Before this Court is a Motion for Reconsideration of Our Decision promulgated on 06 February 2004, the dispositive portion of which reads as follows:...
Promulgated on 2004-11-23

346. CA GR SP UDK 5169: Heirs of Felisa Santiago et al., vs. Mauricio Imocling, et al
Before this Court is petitioners Motion to Reconsider Resolution of this Court s Resolution dated August 24, 2004 which denied petitioners Motion for Extension to File Petition for Review, and dismissed the case due to their failure to pay the required...
Promulgated on 2004-11-23

347. CA GR SP 72026: Northwest Airlines, vs. Hon. Yap, et al
On 9 November 2000, Harime Villasurda, a Danish citizen1, filed a Complaint2 for damages arising from breach of contract of carriage against Northwest Airlines, Inc., before the Regional Trial Court (RTC) of Pasay City. The case was raffled to Branch 114...
Promulgated on 2004-11-23

348. CA GR CR 26016: The People vs. Higa Gaay Uezo, et al
Higa Gaay Uezu is a Japanese citizen of Filipino extraction, having been born in Okinawa, Japan to a Filipino father and Japanese mother. In the Philippines, he adopted the surname of his father and came to be known as Gai Bautista....
Promulgated on 2004-11-23

349. CA GR CV 68831: MILAGROS TRINIDAD, et al., vs. SANTOS YIM, et al.,
Before this Court is an ordinary appeal filed under Rule 41 of the 1997 Revised Rules of Civil Procedure which seeks to reverse and set aside the Decision1 dated 04 May 2000 rendered by Hon. Felix S. Caballes of the Regional Trial Court, Fourth Judicia...
Promulgated on 2004-11-23

350. CA GR CR 27573: People vs. Herminio Mallari y Navarro
Before this Court is an appeal filed assailing the Decision dated 06 May 2003 rendered by Hon. Divina Luz P. Aquino-Simbulan of the Regional Trial Court, Third Judicial Region, Branch 41, City of San Fernando, Pampanga, in the case entitled People of the...
Promulgated on 2004-11-23

351. CA GR CV 69250: DOLORES TANTOCO STAUDER, vs. Republic
This is an appeal from the Decision dated 29 August 2000 rendered by Hon. Mariano C. Del Castillo of the Regional Trial Court, National Capital Judicial Region, Branch 101, Quezon City, in the case entitled In Re: Petition for Reconstitution of the Origin...
Promulgated on 2004-11-23

352. CA GR SP 81263: China Banking vs. Hon. Cesar Santamaria, et al
Before this Court is a Petition for Certiorari assailing the Order dated June 2, 2003 issued by respondent Judge for having been issued with grave abuse of discretion. The dispositive portion of the Order reads:...
Promulgated on 2004-11-23

353. CA GR SP 78531: Demetrio Borja vs. Sps.Imperial
Before this Court is a Petition for Review from a Decision dated April 24, 2003 rendered by the Professional Regulation Commission, affirming the Decision of the Board of Architecture dated September 21, 1995....
Promulgated on 2004-11-23

354. CA GR CV 43054: ALLAN NUGUID, vs. DR. SINFOROSA BODIONGAN, et al
Before this Court is an ordinary appeal filed by appellant assailing the civil aspect of the consolidated Decision dated 26 May 1993 rendered by the Regional Trial Court (RTC), 10th Judicial Region, Branch 15, Ozamiz City, which was entitled, Allan Nugui...
Promulgated on 2004-11-23

355. CA GR CV 76477: Paola Bianca, et al vs. The Civil Registrar of San Juan, et al
Subject of the present appeal are the Decision dated 13 June 2002 and the Order dated 17 July 20022 of the Regional Trial Court (RTC) of Pasig City, Branch 151 in SP. PROC. No. 11240, a petition for correction of entries in the certificate of live birth o...
Promulgated on 2004-11-23

356. CA GR SP 87431: FELY GAITA CURAMENG, vs. NLRC, et al
Before this Court is a Petition for Certiorari dated 13 November 2004, under Rule 65 of the 1997 Revised Rules of Civil Procedure....
Promulgated on 2004-11-23

357. CA GR SP 85587: DELBROS, INC., vs. NLRC, et al
Before us is a petition for certiorari under Rule 65 praying for the annulment and setting aside of the (1) December 23, 2003 Resolution of the National Labor Relations Commission (NLRC) in NLRC-NCR CA No. 031946-02 affirming in toto the March 27, 2002 De...
Promulgated on 2004-11-23

358. CA GR SP 86900: IGNACIO ERFE, vs. Hon. Jocelyn Dilig, et al
A careful perusal of the petition reveals that it suffers from the following formal defects: - docket fees short of P230.00 (SAJF);...
Promulgated on 2004-11-23

359. CA GR CV 76249: A.D. GOSECO, vs. INN WRAPS, INC.
This is an appeal from the Decision of the Regional Trial Court of Quezon City, Branch 104 in Civil Case No. Q-00-41626 for a sum of money, the dispositive portion of which reads as follows:...
Promulgated on 2004-11-23

360. CA GR SP 87424: MERLYN GERMAN, vs. HON. SECRETARY OF JUSTICE, et al
Considering that certain formal legal requirements have not been complied by the petitioner in filing this petition, such as: - verification does not contain the assurance that the allegations in the petition are based on authentic records (A.M. No. 00-...
Promulgated on 2004-11-23

361. CA GR SP 86250: Kilusang Setyembre Otso, et al., vs. The Director of the Bureau of Labor Relations, et al
This treats of petitioners' Second Motion for an Additional Time to File Petition for Certiorari praying for another fifteen (15) days or until October 8, 2004 within which to file the intended petition....
Promulgated on 2004-11-23

362. CA GR CR 28317: People vs. Hadji Magundaja
This pertains to the Motion for Reconsideration filed by the accused appellant through counsel on 21 June 2004, seeking for the reconsideration of the Resolution dated 25 May 2004, the dispositive portion of which reads: WHEREFORE, in view of the forego...
Promulgated on 2004-11-23

363. CA GR CV 58064: BLAS CALIMPON, et al vs. Cayo Lumantod
Before Us is a Motion for Reconsideration filed by the defendant appellant through counsel on 11 November 2003, seeking for the reconsideration of the Decision dated 30 September 2003, the decretal portion of which reads:...
Promulgated on 2004-11-23

364. CA GR CV 63981: Grace Ang King vs. Sps. Jerome Avellana, et al
BEFORE US is the plaintiff-appellant s Motion for Reconsideration filed on 25 September 2003, seeking for the reconsideration of the Decision dated 27 August 2003, the text of which reads:...
Promulgated on 2004-11-23

365. CA GR SP 63180: Nolito Solmayor, et al vs. Antonio Arroyo
Before Us is a letter of counsel for private respondent requesting for a Certificate of Finality of the Decision dated 11 January 2002 of this Court, stating that while the present case had been elevated to the Supreme Court, only three (3) of the peti...
Promulgated on 2004-11-23

366. CA GR SP 77028: Health Plan Philippines vs. NLRC, et al
This pertains to the Petitioner s Motion for Partial Reconsideration filed on 01 July 2004, seeking for the reconsideration of the Decision dated 31 May 2004, the decretal portion of which reads: WHEREFORE, in view of the foregoing premises, the instant...
Promulgated on 2004-11-23

367. CA GR CV 62969: FELICIANO S. ESPINOZA, et al vs. HERMINIGILDO ESPINOZA, et al.,
Before this Court is an appeal from the September 11, 1998 Decision1 of the Regional Trial Court, Branch 56, San Carlos City, Pangasinan, which dismissed plaintiffs-appellants Complaint for Declaration of Nullity of Documents against defendantsappellees....
Promulgated on 2004-11-23

368. CA GR CV 64299: ROSARIO ALZUL, ET AL., vs. TUTUBAN PROPERTIES, INC.,
This appeal arose from the Decision of the Regional Trial Court, Branch 40, Manila in Civil Case No. 96-77652 rescinding the contracts of lease between appellees Rosario T. Alzul, Benjamin Alipio, and Sandy, Danny and Vivian, all surnamed Alipio, and app...
Promulgated on 2004-11-23

369. CA GR SP 80960: Emilio Leonor vs. Wilfredo Silverio
BEFORE US is a motion for reconsideration filed by counsel for petitioner on 13 September 2004, seeking for the reconsideration of the Decision dated 31 August 2004, the decretal portion of which reads: WHEREFORE, the foregoing premises considered, th...
Promulgated on 2004-11-23

370. CA GR CV 75538: Aida Amelia Anita Rubio, et al vs. Ana Marie Rubio-Gara, et al
Before the Court is an ordinary appeal seeking the reversal of the 04 January 2002 Decision of the Regional Trial Court, National Capital Judicial Region, Branch 152,Pasig City in Civil Case No. 65011 for Reconveyance,Annulment of Deed, Recovery of Posses...
Promulgated on 2004-11-22

371. CA GR SP 84711: Arciso Pangosban vs. Employees Compensation, et al
In the interest of substantial justice, and noting petitioner s compliance, petitioner s motion for reconsideration of this Court s Resolution dated 16 August 20042 dismissing the petition for review is hereby GRANTED. Accordingly, said Resolution dated 1...
Promulgated on 2004-11-22

372. CA GR CV 79221: Virgilio Asuncion, vs. Servillano Torres
On 26 May 2003, a Resolution was issued by this Court granting the plaintiff-appellant an extension of ninety (90) days from 03 April 2004 (Saturday) (not 18 February 2004) or until 02 July 2004 within which to file appellant s brief. (Rollo, p. 16). T...
Promulgated on 2004-11-22

373. CA GR CV 81283: Sps. Rogelio Gomez, vs. Balanga Rural Bank
The instant appeal of plaintiffs-appellants is DISMISSED for their failure to file the required brief despite notice, on authority of Section 1 (e), Rule 50 of the Revised Rules of Court....
Promulgated on 2004-11-22

374. CA GR SP 85197: HFS Philippines, et al vs. Ronaldo Pilar, et al
In this petition for certiorari under Rule 65 of the Rules of Court, petitioners HFS Philippines, Inc., Ruben T. del Rosario and IUM Shipmanagement AS assail the decision dated May 27, 2004 of public respondent National Conciliation and Mediation Board (...
Promulgated on 2004-11-22

375. CA GR CV 71917: HELIO W.N. DE CASTRO, JR., et al., vs. MA. NELIA ARBILO DE CASTRO,
For resolution is petitioner s Motion for Reconsideration praying for the reversal of the March 31, 2004 Decision which reversed and set aside the June 21, 1001 Decision of the Regional Trial Court of Pasig City, Branch 51, in JDRC Case No. 4410, and o...
Promulgated on 2004-11-22

376. CA GR CR 27577: People vs. Alexander Picoy y Gambito
Before us is the appeal by the accused-appellant Alexander Picoy y Gambito (accused-appellant) from the decision1 dated July 8, 2003 of Branch 83, Regional Trial Court (Quezon City), convicting him of the crime of Robbery in an Inhabited House under the ...
Promulgated on 2004-11-22

377. CA GR CR 19928: People vs. Joel Parrocha, et al
For the alleged swindling of Elena A. Espinosa (or complainant) in the amount of P120,048.92, Noel C. Lacson (or appellant) and Joel Parrocha (or Parrocha) were charged before the Regional Trial Court of Caloocan City (Branch 131) with the crime of esta...
Promulgated on 2004-11-22

378. CA GR SP 82419: Alberto Enguero vs. Hon. Corazon Tordilla, et al
In this petition for certiorari, prohibition and mandamus under Rule 65 of the 1997 Rules of Civil Procedure, petitioner seeks to annul and set aside, on the ground of grave abuse of discretion, the following Orders:...
Promulgated on 2004-11-22

379. CA GR SP 83751: ERGONOMIC SYSTEM, et al vs. NLRC, et al
This is a petition for certiorari and prohibition under Rule 65 of the 1997 Rules of Civil Procedure from the November 28, 2003 Resolution1 of the National Labor Relations Commission (NLRC) in NLRC CA No. 030389-02 (NLRC NCR 30-09-03654-00) dismissing th...
Promulgated on 2004-11-22

380. CA GR CV 78726: Venancio Paras vs. Jose Raymund, et al
On 13 August 2002 the Regional Trial Court of Quezon City, Branch 220 rendered a Decision (Records, pp. 99-101) in Civil Case No. Q-99-37962 for Sum of Money with Preliminary Attachment in favor of plaintiff-appellee,...
Promulgated on 2004-11-22

381. CA GR CV 67382: METROPOLITAN BANK, vs. KIMSON COMPUTERIZED
Before this Court is an Appeal1 from the April 24, 2000 Decision2 of the Regional Trial Court of Makati City, Branch 133, awarding P6,305,724.31, representing unpaid loans plus interest, in favor of plaintiff-appellee....
Promulgated on 2004-11-22

382. CA GR SP 80113: KATHLEEN L. SIY, vs. THE HON. SIMEON Datumanong, et al
Petitioner seeks to reverse the May 29, 2002 Resolution of the Secretary of Justice which affirmed the July 31, 2001 Resolution of the Office of the City Prosecutor, Makati City, dismissing the criminal complaints she had filed against the private respond...
Promulgated on 2004-11-22

383. CA GR SP 81028: MULTI-WARE CORPORATION, vs. HON. ANTONIO I. DE CASTRO, et al
The consolidation of cases is addressed to the sound discretion of judges. Unless the exercise of such discretion has been gravely abused, an appellate court will not disturb their findings....
Promulgated on 2004-11-22

384. CA GR SP 72500: STATE LAND, vs. COMMISSIONER OF INTERNAL
Before us is a petition for review of the Decision of the Court of Tax Appeals (CTA), which denied petitioner's claim for tax refund for excess withholding tax credit for the year 1997 in the amount of P9,742,270.51....
Promulgated on 2004-11-22

385. CA GR CV 64244: CHAN GUAN PUE, vs. SEABOARD-EASTERN
This is an appeal from the Decision of the Regional Trial Court, Branch 46, Manila dismissing plaintiff-appellant s complaint for sum of money against defendant-appellee....
Promulgated on 2004-11-22

386. CA GR CV 73568: First Philippine vs. Sps. Avelino Bundukin, et al
In this appeal, plaintiff-appellant First Philippine Industrial Corporation seeks to nullify the 30 April 2001 Decision1 of the Regional Trial Court, Fourth Judicial Region, Branch 84, Batangas City in Civil Case No. 5476 for Quieting of Title, Reconvey...
Promulgated on 2004-11-22

387. CA GR CV 73915: Marlon U. Larua vs. Cecilia Asin Pacheco, et al.
This is an appeal from the Decision dated 27 February 2001 of the Regional Trial Court Branch 117 of Pasay City, in Civil Case No. 97-0593,...
Promulgated on 2004-11-22

388. CA GR CV 78030: Ismael Bacani vs, Marybeth Garcia-Bacani
This Court is once again called to determine the propriety of the declaration of presumptive death of the respondent wife, in this appeal of the resolution2 dated January 15, 2002 of Branch 60 of the Regional Trial Court (RTC) of Angeles City in Civil...
Promulgated on 2004-11-22

389. CA GR SP 85404: Dolma International Placement Corp., et al. vs. The Hon. NLRC, et al.
Alleging grave abuse of discretion amounting to lack or excess of jurisdiction, petitioner seeks to nullify the Resolution of the National Labor Relations Commission (NLRC for brevity) rendered on March 15, 2004, which dismissed petitioners? appeal....
Promulgated on 2004-11-22

390. CA GR SP 78391: Land Bank vs. Carmen vda. de Ongsiako, et al
This petition for review under Rule 42 of the 1997 Rules of Civil Procedure seeks to review the Order dated 04 July 2003 of the Regional Trial Court, Branch 52, Sorsogon City, sitting as Special Agrarian Court (SAC for short) in Special Agrarian Case No....
Promulgated on 2004-11-22

391. CA GR CV 76098: Sps. Isidro San Antonio vs. Constancia Santiago
Before this Court is an appeal from the April 3, 2002 Decision (Rollo, pp. 53-61) of the Regional Trial Court of Santa Cruz, Laguna, Branch 28 in Civil Case No. SC-3302, the dispositive portion of which reads as follows:...
Promulgated on 2004-11-22

392. CA GR SP 77654: Rodolfo Pehid vs. Hon. Angelita Gacutan, et al
BEFORE US is a motion for reconsideration filed by the private respondents through counsel on 11 March 2004, seeking for the reconsideration of the Decision dated 11 February 2004, the decretal portion of which reads:...
Promulgated on 2004-11-22

393. CA GR CV 65477: San Fernando Rurak Bank vs. Sps. Rustico Sandiko
This is an appeal from the Decision dated September 17, 1999 of Branch 44, Regional Trial Court, San Fernando, Pampanga in Civil Case No. 10880 involving a complaint for sum of money with application for a writ of preliminary attachment, wherein the trial...
Promulgated on 2004-11-22

394. CA GR CV 66862: Dante Baltazar vs. Toyota Quezon Avenue
Assailed in the present appeal is the Decision dated April 10, 2000 of Branch 79, Regional Trial Court, Quezon City in Civil Case No. Q-95-25960, dismissing the complaint for damages filed by plaintiff-appellant Dante Baltazar against defendant-appellee...
Promulgated on 2004-11-22

395. CA GR SP 75703: Salvador Almagro, et al vs. NLRC, et al
BEFORE US is a motion for reconsideration filed by the petitioners through counsel on 12 December 2003, seeking for the reconsideration of the Decision dated 17 November 2003, the text of which reads:...
Promulgated on 2004-11-22

396. CA GR SP 81512: Pirra Construction Enterprises vs. National Power Corp., et al.
Before Us is a petition for certiorari and mandamus seeking to annul the Orders dated October 27, 2003 and December 10, 2003 issued by the Construction Industry Arbitration Commission (CIAC) in CIAC Case No. 30-2000....
Promulgated on 2004-11-22

397. CA GR SP 80455: Edna Babino vs. Hon. Zosimo Escano, et al
In this petition for certiorari and prohibition (with application for the issuance of a writ of preliminary injunction and/or temporary restraining order), petitioner Edna Babino seeks to annul the Order of Default,2 the Judgment by Default,3 the Writ...
Promulgated on 2004-11-22

398. CA GR SP 75599: ROLANDO ESPANOLA, et al vs. NLRC, et al
After a careful evaluation of the arguments raised by the parties hereto in their respective pleadings, We find no compelling reason to alter, modify, much less reverse Our earlier Decision. There being no new matter or argument raised in the motion for e...
Promulgated on 2004-11-22

399. CA GR CV 70950: Sps. Juanito Uy, vs. Sps. Nemesio Villapa
This pertains to the Motion for Reconsideration filed by the defendant-appellants seeking for the reconsideration of the Decision dated 28 November 2003, the text of which reads:...
Promulgated on 2004-11-22

400. CA GR CV 68205: HEIRS OF PAULINO DEGAYO, vs. SILVESTRE SALVADOR, ET AL.,
BEFORE US is a motion for reconsideration filed by plaintiff appellants through counsel on 30 December 2003, seeking for the reconsideration of the Decision dated 28 November 2003, the text of which reads:...
Promulgated on 2004-11-22

401. CA GR SP 75989: Elenita S. Binay vs. The Secretary of Justice, et al
Assailed in the present petition for certiorari and prohibition are the (i) Resolution dated July 2, 2002 of public respondent Secretary of Justice reversing the Resolution dated July 25, 2001 of the City Prosecutor of Makati City in I.S. No. 2001-F-11158...
Promulgated on 2004-11-22

402. CA GR SP 70753: Sun Yeng Lim, et al vs. Hon. Robert T, Cawed, et al
Assailed in the present petition for certiorari and prohibition (with prayer for the issuance of temporary restraining order and preliminary injunction) are the (i) Order dated February 18, 2002 of public respondent Hon. Robert T. Cawed of Branch 29, Regi...
Promulgated on 2004-11-22

403. CA GR SP 79295: Randolph Cailles vs. NLRC, et al
At issue in this petition for certiorari under Rule 65 of the Revised Rules of Court is the right of the petitioner Randolph S. Cailles to be entitled to disability benefits in the amount of US$ 80, 000.00, as well as to moral and exemplary damages and at...
Promulgated on 2004-11-22

404. CA GR SP 82245: Paquito Famanilay vs. Ana Santos Famanilay, et al
This treats Petitioner s Motion for Reconsideration with Motion to Admit Attached Written Explanation pursuant to Rule 13, Section 11 of the 1997 Revised Rules of Civil Procedure, seeking for the reconsideration of the Resolution dated 04 March 2004, t...
Promulgated on 2004-11-22

405. CA GR SP 83800: HERCULES BALENA and ROMUALDO PAYONG, JR. vs NATIONAL LABOR RELATIONS COMMISSION, et al.
Challenged in this petition for certiorari under Rule 65 of the 1997 Rules of Civil Procedure are the Decision of the National Labor Relations Commission (NLRC) dated November 28, 2003...
Promulgated on 2004-11-22

406. CA GR CV 78006: ERLINDA B. GUBAGARAS vs. WONG JAN REALTY, INC. and PHILIPPINE NATIONAL BANK
Before Us is an appeal of the Decision dated January 6, 2003 of the Regional Trial Court of Imus, Cavite, in Civil Case No. 867-94, entitled "Erlinda B. Gubagaras vs. Wong Jan Realty, Inc.," for specific performance, reconveyance of property and damag...
Promulgated on 2004-11-22

407. CA GR CV 80690: Abraham Esmael, et al. vs. Transnational Construction Corp., Inc., et al.
There being no Appellant?s Brief filed as of October 6, 2004, per report by the Judicial Records Division, despite receipt by the counsel for plaintiffs-appellants of the Notice to File Brief3 on May 17, 2004,...
Promulgated on 2004-11-22

408. CA GR SP 80544: Securicor, Inc. vs. NLRC, et al
In this Petition for Certiorari under Rule 65 of the 1997 Rules of Civil Procedure, petitioner seeks the setting aside of public respondent National Labor Relations Commission?s (NLRC's) September 24, 2002 Decision which affirmed in toto the Labor Arbit...
Promulgated on 2004-11-19

409. CA GR SP 61478: Alejandro Escrit vs. Hon. Francisco Lindo, et al
On appeal are the Order dated April 19, 1999 issued by the Regional Trial Court (RTC), Malabon, Metro Manila, Branch 74 in Special Civil Action No. 97-046 and the Order dated April 3, 2000 denying the motion for reconsideration....
Promulgated on 2004-11-19

410. CA GR SP 53536: DR. BUHAY P. YRAOLA, vs. NLRC, et al
The Board of Trustees of Clinical Dental Research Foundation, Inc. (CDRF) terminated the services of Dr. Buhay Yraola as its President and Chief Research Officer, and removed him from the list of members and trustees (p. 48, Rollo). In its March 13, 199...
Promulgated on 2004-11-19

411. CA GR SP 59058: Pastor Santos, vs. Hon. Quipse, et al
On appeal are the Order dated February 7, 2000 issued by the Regional Trial Court (RTC), Cabanatuan City, Branch 86, in Civil Case No. 3636-AF dismissing petitioner s petition for certiorari, prohibition and mandamus with TRO/Injunction and its Order date...
Promulgated on 2004-11-19

412. CA GR SP 55678: Conchita Gacusan et al., vs. Social Security System, et al
Before this Court is a petition for review under Rule 43 of the Rules of Court which seeks to reverse and set aside the Resolution of the Social Security Commission dated July 13, 1999 in SSC Case No. 3-14778-98 which denied petitioners action for decla...
Promulgated on 2004-11-19

413. CA GR SP 55769: Consorcia Dequina vs. Civil Service Commission
Before this Court is a petition for mandamus which seeks to compel the respondent Civil Service Commission-Region IV to accept petitioner s late registration of certificate of live birth and to correct her name in the records of the respondent from Conso...
Promulgated on 2004-11-19

414. CA GR SP 78640: Peak Manpower Resources, vs. NLRC, et al
This refers to the Manifestation with Extremely Urgent Motion to Issue a Preliminary Injunction or Temporary Restraining Order dated August 19, 2004 filed by counsel for petitioner (Rollo, p. 82)....
Promulgated on 2004-11-19

415. CA GR CR 26120: People vs. Neil Plaza y Manalang
This petition for review under Rule 42 of the 1997 Rules of Civil Procedure, seeks to overturn the Decision dated January 30, 2002 of the Regional Trial Court of Mandaluyong City, Branch 208, in Criminal Cases Nos. MC01-347-A; MC01-348-A; MC01-349-A; MC0...
Promulgated on 2004-11-19

416. CA GR SP 73362: Cecilio Domingo, Jr., vs. NLRC, et al
Before Us is a motion for reconsideration filed by petitioner through counsel on 28 November 2003, seeking for the reconsideration of the Decision dated 23 October 2003, the text of which reads:...
Promulgated on 2004-11-19

417. CA GR CR 24831: People vs. Vilma Cajuban y Cantuba, et al.
Challenged before Us is an appeal from the Decision dated October 27, 1997 of the Regional Trial Court of Manila, Branch 34, in Criminal Case No. 97-158348, finding the accused-appellants guilty beyond reasonable doubt for violation of Section 16, Artic...
Promulgated on 2004-11-19

418. CA GR CV 64650: BERNARDO NECESITO et al., vs. Lea Paligutan, et al
Before Us is a motion for reconsideration filed by the defendant-appellants via registered mail on 02 October 2003, seeking for the reconsideration of the Decision dated 28 August 2003, the dispositive portion of which reads:...
Promulgated on 2004-11-19

419. CA GR SP 87345: LI KUN HSU, vs. The Secretary of Department of Justice
Before Us is a Petition for Certiorari which seeks to annul andset aside the Resolutions dated September 1, 2004 and March 15, 2004rendered by the Department of Justice in I.S. No. 03-D-8136-38 for Violation of Section 74, in relation to Section 144 of t...
Promulgated on 2004-11-19

420. CA GR CR 27901: People vs. Robert Aldavi y Alboro
We resolve to consider the instant appeal ABANDONED, and accordingly DISMISSED, pursuant to Section 8, Rule 124 of the Revised Rules of Criminal Procedure, for failure of accused- appellant?s counsel to comply with the Court?s Resolution dated July 1, 20...
Promulgated on 2004-11-19

421. CA GR CV 80160: Pedro B. Hidalgo, et al. vs. Leon Lopez, et al.
We resolve to consider the instant appeal ABANDONED, and accordingly DISMISSED, pursuant to Section 1(e), Rule 50 of the 1997 Rules of Civil Procedure for plaintiff-appellants? failure to file the required brief within the reglementary period, and even wi...
Promulgated on 2004-11-19

422. CA GR CV 65474: FLORENCIA, CATALINA, et al.., vs. ANSELMO, EMILIA, et al
Before this Court is an appeal seeking to reverse the September 30, 1999 decision of the Regional Trial Court, Branch 45 of San Fernando, Pampanga in Civil Case No. 10779....
Promulgated on 2004-11-19

423. CA GR CV 81906: Basilio M. Cruz vs. Sps. Guillermo
We resolve to consider the instant appeal ABANDONED, and accordingly DISMISSED, pursuant to Section 1(e), Rule 50 of the 1997 Rules of Civil Procedure for plaintiff-appellants? failure to file the required brief within the reglementary period, which expi...
Promulgated on 2004-11-19

424. CA GR SP 87017: Asia United Insurancs vs. Philtranco Service
This is a petition for review of the Decision dated September 29, 2004 of the Regional Trial Court of Manila, Branch 42, which modified the decision of the Metropolitan Trial Court in Civil Case No. 04-110214, for damages....
Promulgated on 2004-11-19

425. CA GR SP 69895: Dra. Evangeline Malaca vs. ATTY. EMMANUEL R. SISON, et al
Before the Court is a Petition for Review under Rule 43 of the 1997 Rules of Civil Procedure seeking the reversal and setting aside of Resolution No. 02-03071 of the Civil Service Commission dated 28 February 2002 which dismissed petitioner s appeal for...
Promulgated on 2004-11-19

426. CA GR SP 84011: RUGTUFTERS INTERNATIONAL, vs. NLRC,et al
Before this Court is a petition for certiorari, prohibition and mandamus with prayer for the issuance of a temporary restraining order and/or writ of preliminary injunction under Rule 65 of the 1997 Rules of Civil Procedure, assailing the Resolutions dat...
Promulgated on 2004-11-19

427. CA GR SP 72393: Reynaldo Labro vs. NLRC, et al
Informed by his two (2) immediate superiors that he was already dismissed from his post, petitioner immediately left the Company s premises without first confirming it from the manager. Seven days after, petitioner filed a Complaint for Illegal Dismiss...
Promulgated on 2004-11-19

428. CA GR CV 69317: Rural bank of STa. Ignacia, vs. Republic of the Philippines
Before us is the appeal the Office of the Solicitor General, in representation of appellant Republic of the Philippines, perfected from the Decision dated September 15, 2000 issued by the First Municipal Circuit Trial Court at Sta. Ignacia, Tarlac, in...
Promulgated on 2004-11-19

429. CA GR SP 74987: CENTRAL PROTECTIVE AGENCY, et al., vs.DEPARTMENT OF LABOR, et al
At bar is a petition for certiorari under Rule 65 of the Rules of Court seeking to nullify and set aside 1) the 16 March 2001 Order of Brenda L. Villafuerte, Regional Director of the Department of Labor, Cordillera Administrative Region, in Case No. CA...
Promulgated on 2004-11-19

430. CA GR CV 60855: PHILIPPINE COMMERCIAL, vs. FRANCISCO M. GLORIA, et al
Before us is an appeal from the Decision of the Regional Trial Court, Branch 54, Manila, which ordered defendants-appellants to pay plaintiffappellee the amount of P267,793.13, 25% of said amount as liquidated damages and the costs....
Promulgated on 2004-11-19

431. CA GR SP 85368: LAND BANK, vs. ALBERTO DE CASTRO, et al
It appearing from the report of the JRD that no Petition for Review has been filed within the period of extension granted, the filing of such petition is deemed ABANDONED and the above-entitled case is therefore considered CLOSED....
Promulgated on 2004-11-19

432. CA GR CV 74619: RJE ENTERPRISES, vs. SEHWANI INTEGRATED, et a
This is an appeal from the Decision (Records, pp. 162-167) of the Regional Trial Court of Valenzuela City, Branch 172, in Civil Case No. 309-V-98 for Sum of Money with Damages dated 26 October 2001, decided in favor of plaintiff-appellee, the dispositive...
Promulgated on 2004-11-19

433. CA GR SP 83820: SOUTH ASIA DEVELOPMENT, vs. Hon. OSCAR P. BARRIENTOS, et al
The petitioner South Asia Development Corporation (or hereafter SOUTH ASIA) by this petition for certiorari assails the:...
Promulgated on 2004-11-19

434. CA GR CV 66983: Cosco Philippines et al vs. Asian Terminal
Before Us is a motion for reconsideration filed by the plaintiff appellees on 04 October 2003, seeking for the reconsideration of the Decision dated 05 September 2003, the text of which reads:...
Promulgated on 2004-11-19

435. CA GR CV 70598: Intestate Estate of Deceased Rafael Alba, et al. vs. Octaviano Bernales
Based on the Report of the Judicial Records Division, no brief has been filed by appellants up to this date....
Promulgated on 2004-11-19

436. CA GR CR 26299: People vs. Joseph Zuniga
Before Us is a motion for reconsideration filed by the accused-appellant on 08 October 2003, seeking for the reconsideration of the Decision dated 09 September 2003, the text of which reads: WHEREFORE, the assailed Decision dated April 3, 2002 of the Reg...
Promulgated on 2004-11-19

437. CA GR CV 66323: Hiers of Basilio Lamparas, et al vs. Ma. Elena Pedrosa
BEFORE US is a motion for reconsideration filed by the plaintiff appellees through counsel on 21 October 2003, seeking for the reconsideration of the Decision dated 23 September 2003, the text of which reads:...
Promulgated on 2004-11-19

438. CA GR CV 74484: Miriam Santos-Flores v. Vijay Flores, et al
THIS is an appeal by the Republic, through the Solicitor General, to reverse the Decision of the Regional Trial Court in Angeles City declaring null and void the marriage of plaintiff-appellee Miriam Santos-Flores and defendant Vijay Flores on the grou...
Promulgated on 2004-11-19

439. CA GR SP 83607: Five Star Bus Co. et al vs. NLRC, et al
THROUGH this special civil action for certiorari, petitioners Five Star Bus Company, Inc. and Cesar T. Hernandez seeks to nullify and set aside the Resolution of the National Labor Relations Commission (NLRC) dismissing their appeal, and the Resolution d...
Promulgated on 2004-11-19

440. CA GR SP 86862: People vs. Carolina Cruz, et al
The instant Petition for Certiorari filed under Rule 65 of the Revised Rules of Court (dated 22 October 2004) was filed by Yi Philippines, Inc., alleging inter alia that it is a duly registered corporation, and existing by virtue of the laws of the Repub...
Promulgated on 2004-11-19

441. CA GR CV 81042: Rodolfo Makabalo, et al., vs. Republic of the Philippines
Considering the Office of the Solicitor General s motion to withdraw appeal stating that the trial court s decision is amply supported by evidence and there is no more basis to proceed with the appeal, said motion is granted and the case is considered clo...
Promulgated on 2004-11-19

442. CA GR CV 76984: Shirley & Mark Duane J. Masaoay vs. Primo Demontano, et al.
This resolves Plaintiffs-Appellants' Petition for Relief From Judgment....
Promulgated on 2004-11-19

443. CA GR SP 77791: Al Assal Manpower, Inc. vs. NLRC, et al.
For resolution is the Petition for Certiorari under Rule 65 of the 1997 Rules on Civil Procedure filed by Al Assal Manpower, Inc. seeking the review and reversal of the Resolution of the NLRC dated March 18, 2003 dismissing its appeal for failure to comp...
Promulgated on 2004-11-19

444. CA GR SP 87250: Michaelmar Phils., Inc. vs.NLRC, et al.
The instant Petition for Certiorari is not accompanied by the following original or certified true copies of the resolutions, pleadings and documents necessary to support the allegations in the petition, in violation of Section 1, Rule 65 of the Rules on...
Promulgated on 2004-11-19

445. CA GR CV 77457: Hermosa Agro Realty, vs. Camp John Hay Golf Club
This is an appeal from the decision of the Regional Trial Court, Branch 138, Makati, the dispositive portion of which reads:...
Promulgated on 2004-11-19

446. CA GR SP 78846: Ongsuco vs. Municipality of Maasin
It appearing that petitioners, in their Motion for Reconsideration1 of this Court s Resolution dated September 29, 20032, have substantially cured the defects/deficiencies of the petition, except that the RTC order dated June 10, 20033, attached thereto...
Promulgated on 2004-11-19

447. CA GR CV 59717: Security Diners International vs. Salvador B. Pena, jr., et al
This pertains to the motion for reconsideration filed by the defendantappellant on 15 August 2003, seeking for the reconsideration of the Decision dated 21 July 2003, the decretal portion of which reads:...
Promulgated on 2004-11-19

448. CA GR CV 55467: Sps. Bernardo Beldia vs. Sps. Generoso Dollete
Before this Court is a Motion for Reconsideration filed by defendants-appellants of this Court s Decision4 promulgated last August 29, 2003 which affirmed the lower court s Decision dated August 9, 1996 ordering the reconveyance of the disputed lot to ...
Promulgated on 2004-11-19

449. CA GR SP 87194: Zenaida Gonzales vs. Hon. Socorro Inting, et al
Before us is a Petition for Annulment of Judgment filed by petitioner Zenaida B. Gonzales, by herself, under Rule 47 of the Rules of Court. The petition seeks to annul and set aside the Orders of the public respondent Judge, Regional Trial Court, Branch...
Promulgated on 2004-11-19

450. CA GR CV 67412: Ma. Sally Tiu, vs. Republic of the Philippines
Before us is an appeal from the March 28, 2000 decision of the Municipal Trial Court of Bantay, Ilocos Sur, in LRA Rec. No. N-70633,1 the decretal portion of which states:...
Promulgated on 2004-11-18

451. CA GR SP 77341: Jadewell Parking Systems Corp. vs. Mayor Bernardo Vergara, et al.
Acting on petitioners motion for reconsideration of this Court?s July 28, 2004 Decision denying due course to the petition, we find no cogent or justifiable reason to grant the same....
Promulgated on 2004-11-18

452. CA GR CV 66742: Chona Acuna vs. Sps. Alfredo Villamor
This is an appeal from the Order dated 25 November 1999 of the Regional Trial Court (RTC) of Marikina City, Branch 272, in Civil Case No. 98-496-MK, dismissing the complaint for Annulment of Title and Reconveyance with Damages filed by plaintiff-appellant...
Promulgated on 2004-11-18

453. CA GR CV 74603: Jack Arroyo vs. Bocago Inland Dev., et al
This is an appeal from the October 15, 2001 Decision (Rollo, pp. 45-50) of the Regional Trial Court of Libmanan, Camarines Sur, Branch 56 in Civil Case No. L-829, the dispositive portion of which reads as follows:...
Promulgated on 2004-11-18

454. CA GR SP 79229: Primetown Proper Group, Inc. vs. Office of the President, et al.
Acting on petitioner's motion for reconsideration of this court's July 28, 2004 Decision which dismissed the petition. We resolve to deny the same, the basic issues raised therein having previously been duly considered and passed upon by this court in...
Promulgated on 2004-11-18

455. CA GR CR 25258: People vs. Sincera Canete
Accused-appellant Sincera Jagupit Ca?ete (or appellant) appeals from the Decision dated September 26, 2000 of the Regional Trial Court of Las Pi?as City, Branch 275,2 in Criminal Case No. 95-851, convicting her of swindling (estafa) under Article 315, par...
Promulgated on 2004-11-18

456. CA GR CR 24739: People vs. Angelito Sevilla @ Amang
This is an appeal from the Decision dated November 8, 2000 of the Regional Trial Court of Malolos, Bulacan, Branch 79, convicting accusedappellant Angelito Sevilla @ Amang of the crime of violation of P.D. 1866 (or Illegal Possession of Firearms and ammun...
Promulgated on 2004-11-18

457. CA GR CV 69063: ELVIS E. SELISANA, vs. Republic, et al
This is an appeal from the decision, dated 10 August 2000, of the Regional Trial Court, Branch 122, Kalookan City, in Civil Case No. C- 18492, the dispositive portion of which reads:...
Promulgated on 2004-11-18

458. CA GR CV 69954: Sergio Licup vs. Pilipinas Shell Petroleum Corp.
Every person must, in the exercise of his rights and in the performance of his duties, act with justice, give every one his due, and observe honesty and good faith....
Promulgated on 2004-11-18

459. CA GR CR 27486: People vs. Alexander Gile y Jamon
Before us is an appeal filed by accused ALEXANDER GILE Y JAMON from the Decision dated April 28, 2003 of the Regional Trial Court, Branch 6, Legazpi City, in Criminal Case No. 8032 entitled People of the Philippines versus ALEXANDER GILE, finding him gui...
Promulgated on 2004-11-18

460. CA GR SP 75864: Haydee Sales, et al vs. NLRC, et al
In this Petition for Certiorari under Rule 65 of the 1997 Rules of Civil Procedure, petitioners Haydee G. Sales and Richand G. Sales seek the nullification of the 22 March 2020 Decision1 of the National Labor Relations Commission in NLRC NCR CA No. 02015...
Promulgated on 2004-11-18

461. CA GR SP 87350: Francisca Malonzo vs. Hon. Lamberto Daing, et al
In connection with the petitioner s Motion for Reconsideration and Motion to Admit Amended Petition, to which the private respondents filed an opposition, the Court finds that there is an affidavit of service attached to the Amended Petition. In any case,...
Promulgated on 2004-11-18

462. CA GR SP 87259: LEILANI OCAMPO-INGCOCO, et al vs. HON. ACTING SECRETARY, et al
Before this Court is a Petition for Certiorari dated 25 October 2004, assailing the Resolution dated 12 August 2004 issued by Hon. Ma. Merceditas N. Gutierrez, Acting Secretary of the Department of Justice....
Promulgated on 2004-11-18

463. CA GR SP 75583: Rich Apple Restaurant, et al vs. NLRC, et al.
This special civil action for certiorari under Rule 65 of the Revised Rules of Court seeks to annul and set aside the resolution of the First Division of the National Labor Relations Commission (NLRC, for brevity)dated August 30, 2002 in NLRC (NCR CASE...
Promulgated on 2004-11-18

464. CA GR SP 74659: Atlantic, Gulf and Pacific Co., of Manila, vs. NLRC, et al
Petitioner and its counsel had changed their postal addresses without informing respondent Commission. Consequently, when respondent Commission issued the herein assailed 23 February 2001 Resolution, it served notices to petitioner and its counsel at thei...
Promulgated on 2004-11-18

465. CA GR CR 28056: People vs. Ruel Ramos y Fajardo
Before us is an appeal filed by accused RUEL RAMOS Y FAJARDO from the Decision dated September 4, 2002 of the Regional Trial Court, Branch 6, City of Manila, in Criminal Case No. 00-182292 entitled People of the Philippines versus RUEL RAMOS Y FAJARDO, f...
Promulgated on 2004-11-18

466. CA GR SP 81513: Erlan M. Perez vs. The MTC of Bacnotan, La Union, et al.
In this special civil action for certiorari under Rule 65 of the Revised Rules of Court, petitioner Erlan Perez assails the following orders rendered by the Municipal Trial Court of Bacnotan, La Union in Civil Case No. 302: 1. The July 15, 2003 order,...
Promulgated on 2004-11-18

467. CA GR SP 83045: Rizaldy Santos vs. Salvador Santiago
Considering that petitioner had already rectified the error in the Verification in his Amended Petition, the Motion for Reconsideration is hereby granted and this case is reinstated....
Promulgated on 2004-11-18

468. CA GR SP 80740: LAZI BAY RESOURCES, vs. Commissioner of Internal REvenue, et al
Before this Court is a Petition for Review dated 11 December 2003 under Rule 43 of the 1997 Revised Rules of Civil Procedure, assailing the Decision dated 18 July 2003 rendered by the Court of Tax Appeals (tax court, for brevity) in C.T.A. Case No. 626...
Promulgated on 2004-11-18

469. CA GR CR 26834: People vs. Rodolfo Mortalla y Alba
Accused-appellant Rodolfo Mortalla y Alba appeals from the Decision of Branch 73 of the Regional Trial Court of Olongapo City, dated August 8, 2000, which found him guilty of violation of Section 5(b), Article III of Republic Act No. 7610, otherwise kno...
Promulgated on 2004-11-18

470. CA GR CR 26939: People vs. Rolando R. Quilantang
Appellant Rolando R. Quilantang was charged with the crime of robbery in an Information1...
Promulgated on 2004-11-18

471. CA GR SP 85069: NORTHERN ISLANDS CO., et al., vs. Hon. Artemio Tipon, et al
Posed for consideration is the petitioners Motion to Withdraw Petition and Supplemental Petition dated October 22, 2004, and to which the filing of a comment within three (3) days from notice was directed....
Promulgated on 2004-11-18

472. CA GR SP 79379: MOLDEX REALTY, INC., vs. Sps. Romeo Viray
This is a petition for review seeking to reverse and set aside the decision, dated 30 June 2003, of the Office of the President in O. P. Case No. 20-A-8914, which dismissed petitioner s appeal, thereby affirming the decision, dated 04 February 1999, of th...
Promulgated on 2004-11-18

473. CA GR CV 56788: Manila Electric vs. Alfredo Mercado, et al
On August 12, 1997, the Regional Trial Court of Pasig City, Branch 267 rendered a Decision in Civil Case No 65137, the dispositive portion of which reads:...
Promulgated on 2004-11-18

474. CA GR CV 82109: PCCO Finance Corp. vs. Ramon L. Mapa
Appellant, through counsel, filed an ?Urgent Motion for Extension of Time to File Appellant's Brief on October 7, 2004, alleging, among others, that:...
Promulgated on 2004-11-18

475. CA GR CV 58271: SPOUSES AURORA VIRAY, et al., vs. CARMENCITA RODRIGUEZ
Defendant-appellant Carmencita Rodriguez assails before this court the Decision dated May 27, 1997 rendered by the Regional Trial Court of Manila, Branch 22, in Civil Case No. 89-50909. The dispositive portion of the decision reads:...
Promulgated on 2004-11-18

476. CA GR SP 80768: Melquiades M. Poliquit 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 Order dated March 31, 2003 of the National Labor Relations Commission (or NLRC), in NLRC CA No. 030911-02, which...
Promulgated on 2004-11-18

477. CA GR SP 71183: F.M. SALCEDO, et al., vs. The Secretary of Agrarian REform, et al
This is a petition for review seeking to set aside the decision, dated 24 May 2002, of Deputy Executive Secretary Arthur P. Autea, Office of the President, which dismissed petitioners appeal and affirmed the orders, dated 17 May 1994 and 12 December 1995...
Promulgated on 2004-11-18

478. CA GR CV 75192: ANGELINA V. DIZON, et al., vs. CAROLINA A. DE JESUS, et al
On February 6, 2002, an Order was issued by the Regional Trial Court of Morong, Rizal, Branch 80, the dispositve portion of which reads:...
Promulgated on 2004-11-18

479. CA GR SP 70830: Solid Bank vs. NLRC, et al
Through this Petition for Certiorari under Rule 65 of the Rules of Court, petitioner Solid Bank Corporation seeks the reversal of the Decision of public respondent National Labor Relations Commission (NLRC) dated 20 December 2001 and the Resolution dated...
Promulgated on 2004-11-18

480. CA GR CV 76580: Philtrust Bank vs. Sps. Roberto Yson
This is an Appeal from the Order dated 26 September 2002 of the Regional Trial Court of Manila, Branch 4, granting petitioner-appellee Philtrust Bank s prayer for the issuance of a writ of possession, and ejecting respondent-appellants Roberto and Dely...
Promulgated on 2004-11-18

481. CA GR CV 65912: Equitable Banking vs. Sta. Clara Housing, et al
From the decision, dated 24 December 1999, of the Regional Trial Court, National Capital Judicial Region, Branch 46, Manila, in Civil Case No. 94-70053, both defendants-appellants Sta. Clara Housing Industries, Inc. and Nordy P. Diploma filed their separa...
Promulgated on 2004-11-18

482. CA GR SP 86424: Sitio Hemedez Neighborhood vs. Parity Holdings
The instant Petition for Review (dated 1 October 2004)1 is outrightly DISMISSED for failure of petitioner to submit the required board resolution authorizing the signatory of the verification and certification, to file said petition....
Promulgated on 2004-11-18

483. CA GR SP 80679: Rodrigo J. Crucillo vs. The Hon. Director of the Bureau of Labor Relations, et al.
Before Us for resolution is a motion for reconsideration filed by herein petitioner on Our decision promulgated on June 30, 2004 denying due course to his petition....
Promulgated on 2004-11-18

484. CA GR SP 72680: Sun and Shield Secutiy vs. NLRC, et al.
This is a Petition for Certiorari under Rule 65 of the 1997 Rules on Civil Procedure seeking the reversal of the Decision of the National Labor Relations Commission promulgated on April 30, 2002...
Promulgated on 2004-11-18

485. CA GR CV 72073: JESUSA GREGORIA OGNITA, vs. THE CIVIL REGISTRAR OF LIGAO, et al
This appeal seeks the reversal of the Order of the Regional Trial Court, Branch 14 of Ligao, Albay in Special Proceedings No. 308, which dismissed herein petitioner-appellant s petition....
Promulgated on 2004-11-18

486. CA GR SP 74671: Sps. Palad vs. Sps. Monreal, et al.
Before Us for resolution is a motion for reconsideration filed by herein petitioners, seeking reconsideration of Our September 9, 2004 Decision. After a careful review and evaluation of petitioners? arguments, We find no compelling or justifiable reason t...
Promulgated on 2004-11-18

487. CA GR CV 78436: Pedro T. Casimiro vs. RP
This is an appeal from the Decision of the Regional Trial Court of Quezon City, Branch 227, rendered on October 22, 2001,...
Promulgated on 2004-11-18

488. CA GR CV 81803: Esperanza Tatlonghari vs. Modesto Tatlonghari
The Court notes the plaintiff-appellee s Manifestation and Motion praying that the appeal be deemed withdrawn on account of the filing by the Office of the Solicitor General (counsel for oppositor-appellant) of a Manifestation and Motion to Withdraw Appea...
Promulgated on 2004-11-17

489. CA GR SP 86071: ISIDRO DETROZ, vs. COMMODORE TIRSO DANGA, et al
This is a petition for habeas corpus directed against the abovenamed military and government officers for the release of three (3) civilians who have been abducted and detained by certain persons, allegedly agents or members of the Intelligence Service of...
Promulgated on 2004-11-17

490. CA GR SP 78948: MCI Real Estate & Dev. Corp. vs. RTC of Quezon City, Br. 96, et al.
This petition for certiorari under Rule 65 of the Revised Rules of Court seeks to set aside the orders dated October 5, 2001 and June 17, 2003, issued by the public respondent Regional Trial Court of Quezon City, Branch 96 in Civil Case No. Q- 96- 2767...
Promulgated on 2004-11-17

491. CA GR SP 83266: Claudia Rico et al vs. Magdalena Owen
This is a Petition for Review under Rule 42 of the 1997 Rules of Civil Procedure, as amended seeking to reverse and set aside the Decision dated September 24, 2003 and the Order dated March 1, 2004 of the Regional Trial Court of Mandaluyong City, Branch 2...
Promulgated on 2004-11-17

492. CA GR SP 69144: Pablito Garcia, et al vs. Heirs of Emiliano San Pedro
Assailed in this petition for review is the decision of the Department of Agrarian Reform Adjudication Board (DARAB) which reversed and set aside the final and executory decision of the Regional Adjudicator in DARAB Case No. 274-Bul 91....
Promulgated on 2004-11-17

493. CA GR SP 56543: Tapulado vs. Kemak Corporation
This petition for review presents the usual issues raised by tenants relative to the status of their material possession in a civil law lease that lasts from month to month. If anything, it shows that the expiration of the tenancy at the end of each month...
Promulgated on 2004-11-17

494. CA GR SP 74720: Heidi P. Cruz, et al., vs. Rita Remedios Magno, et al
The Resolution of the Secretary of Justice may be reviewed by the court. However, the court is without power to directly decide matters over which full discretionary authority has been delegated to the legislative or executive branch of the government. I...
Promulgated on 2004-11-17

495. CA GR CV 78450: Hervil Chemicals Company vs. Antonio S. Pendot, et al.
For review on appeal is the decision of the Regional Trial Court of Quezon City, Branch 217, dated October 3, 2002, in Civil Case No. Q-97-31104, granting the complaint for sum of money and damages filed by plaintiff-appellee against Antonio Pendot, Sr. a...
Promulgated on 2004-11-17

496. CA GR SP 85178: Teresita Villaluz vs. Hon. Placido Marquez, et al
Acting on the Motion for Leave to Withdraw Case filed by counsel for petitioner, bearing the conformity of petitioner herself, due to the fact that she is no longer interested to further pursue the case, this Court resolves to grant said motion and the pe...
Promulgated on 2004-11-17

497. CA GR SP 79031: International School Manila vs. NLRC, et al
Challenged in this special civil action for certiorari as tainted with grave abuse of discretion, amounting to lack or excess of jurisdiction, are: (a) The Resolution dated February 28, 2003 of the National Labor Relations Commission (NLRC), Second Divi...
Promulgated on 2004-11-17

498. CA GR SP 81512: PIRRA CONSTRUCTION ENTERPRISES vs. NATIONAL POWER CORPORATION, CONSTRUCTION INDUSTRY, et al.
Before Us is a petition for certiorari and mandamus seeking to annul the Orders dated October 27, 2003 and December 10, 2003 issued by the Construction Industry Arbitration Commission (CIAC) in CIAC Case No. 30-2000,...
Promulgated on 2004-11-17

499. CA GR SP 82317: BPI Family Savings Bank, Inc. vs. Hon. Romeo F. Barza, et al.
In this Petition for Certiorari under Rule 65 of the 1997 Rules of Civil Procedure, petitioner seeks the setting aside of public respondent?s October 15, 2003 and December 05, 2003 which respectively granted private respondents? Motion to Quash and denie...
Promulgated on 2004-11-17

500. CA GR CV 77653: Isagani Sanares, et al vs. Inter Asia Land Development
This is a petition to review the Consolidated Decision in Civil Cases Nos. TG-2346; TG-2347; TG-2348; TG-2349; TG-2350; TG-2351; TG-2352; and TG- 2353 of Branch 18, Regional Trial Court, Fourth Judicial Region, Tagaytay City which AFFIRMED in toto the C...
Promulgated on 2004-11-17

501. CA GR SP 44640: Elvisa Allego vs. Hon. Raul de Leon, et al
Before us is a petition for certiorari seeking to annul the following Orders of the Regional Trial Court in Paranaque, Metro Manila, Branch 258 in Civil Case No. 96-0257, the dispositive portions of which read:...
Promulgated on 2004-11-17

502. CA GR SP 86757: LAKAS MANGGAGAWA, et al., vs. EVERBRIGHT NET & TWINE
This is a Petition for Review filed under Rule 43 of the 1997 Rules of Civil Procedure, as amended, seeking to annul and set aside the September 5, 2003 Decision and the September 20, 2004 Resolution both issued by Hon. Voluntary Arbitrator Rene E. Ofrene...
Promulgated on 2004-11-17

503. CA GR SP 82321: Rosalinda Paredes Arcena et al v. Alfredo Abueg, Jr
This is an appeal by way of a petition for review under Rule 42 of the 1997 Rules of Civil Procedure,1 assailing the decision of the Regional Trial Court (RTC) of Palawan and Puerto Princesa City, Branch 51, which...
Promulgated on 2004-11-17

504. CA GR CV 79527: FRANCISCO B. CARUAL,, vs. ANDRES BO,
This is an appeal from the Decision of the Regional Trial Court of Tabaco City, Albay, Branch 18 in Civil Case No. T-2065 for Accion Publiciana with Damages, the dispositive portion of which provided as follows:...
Promulgated on 2004-11-17

505. CA GR SP 81428: Reynaldo Canaynay vs. Rosalinda Mojica, et al.
Sought to be annulled and set aside in this petition for review under Rule 42 of the 1997 Rules of Civil Procedure is the Order dated July 22, 2002 of the Regional Trial Court (RTC) of Imus Cavite, Branch 22, dismissing the appeal of herein petitioner...
Promulgated on 2004-11-17

506. CA GR SP 83428: MANSO FOODS, vs. ROMIN BAUTISTA, et al
This is a Petition for Certiorari with prayer for the issuance of a temporary restraining order under Rule 65 of the Rules of Court seeking the reversal and setting aside of the Decision dated May 7, 2003 and January 30, 2004 both issued by the public res...
Promulgated on 2004-11-17

507. CA GR CV 63772: Ricardo Tan vs. Prudential Bank, et al
The burden of proving the status of a (mortgagor) in good faith xxx lies upon him who asserts (such standing). In discharging (said) burden, it is not enough to invoke the ordinary presumption of good faith, xxx. xxx good faith must essentially be integra...
Promulgated on 2004-11-17

508. CA GR SP 87217: Sps. Alfredo Ching vs. Hon. Placido Marquez, et al
Before Us is a Petition for Certiorari With Urgent Prayer for a Temporary Restraining Order/Writ of Preliminary Injunction filed by petitioners on October 29, 2004....
Promulgated on 2004-11-17

509. CA GR SP 79908: Flora Ico vs. Luz Lopez-Carpina
Acting on petitioner s Motion for Reconsideration of Our Decision dated September 01, 2004, the Court finds no new matters which were not taken into consideration in arriving at the said decision and/or which would warrant a reversal or modification th...
Promulgated on 2004-11-17

510. CA GR SP UDK 5239: Mexicana Food Corp. vs. NLRC, et al
The instant Petition for Certiorari (with prayer for temporary restraining order and/or preliminary injunction) is outrightly DISMISSED due to the following procedural infirmities....
Promulgated on 2004-11-17

511. CA GR SP 77837: Sps. Fortunato vs. Hon. Arsenio J. Magpale, et al.
At bar, is a petition for certiorari, which seeks to nullify and set aside the resolution dated February 24, 2003 denying the petitioners Spouses Romulo Fortunato and Rosario Fortunato?s Omnibus Motion to Dismiss and To Cite Petitioner (herein private r...
Promulgated on 2004-11-17

512. CA GR CR 28021: People vs. Noli Baldovino
The instant Appeal is DISMISSED for failure of accusedappellant to file the required brief despite notice, on authority of Section 8, Rule 124 of the Revised Rules of Court....
Promulgated on 2004-11-17

513. CA GR CV 64426: ABELARDO Y. MALIG, vs. PHILIPPINE SAVINGS BANK, et al
Is a collecting bank liable to the payee of a check, on which the words PAYABLE TO FIRST BENEFICIARY ONLY are stamped on the face thereof, for accepting said check for deposit to the account of another person who is its client and subsequently crediting...
Promulgated on 2004-11-17

514. CA GR CV 62591: VICTORIA ICAT, et al., vs. ANTONIO IBEA, et al
This is an appeal from the Decision of the Regional Trial Court, Branch 24, Cabugao, Ilocos Sur in an action for ownership and damages filed by plaintiffs-appellants against defendants-appellees involving a parcel of land located in Barangay Sabangan (Ma...
Promulgated on 2004-11-17

515. CA GR SP 81766: Oliver Abiera vs. Hon. Estrella Estrada, et al
Upon due consideration of petitioner s Motion for Reconsideration, the Court finds no compelling reason to reconsider its Decision dated September 15, 2004, as the arguments raised in the motion are a mere rehash of the same arguments which have been pass...
Promulgated on 2004-11-17

516. CA GR SP 81463: Damasa Tolentino vs. Juanita Gallardo, et al
Acting on respondents-appellees Motion for Reconsideration of Our Decision dated September 15, 2004, the Court finds no new matters which were not taken into consideration in arriving at the said decision and/or which would warrant a reversal or modificat...
Promulgated on 2004-11-17

517. CA GR SP 84603: RJC Security vs. Hon. Patricia Sto. Tomas, et al
In view of the fact that the four remaining private respondents had already each executed a Satisfaction of Judgement and have all signed an Absolute Release and Quitclaim in favor of petitioners, the instant Manifestation and Motion to Withdraw Petiti...
Promulgated on 2004-11-17

518. CA GR SP 83114: Mellie Martinez, et al vs. Hon. Adoracion Angeles, et al
This resolves the petition for certiorari filed under Rule 65 of the Rules of Court by the above-named petitioners, alleging that the Regional Trial Court, National Capital Judicial Region, Branch 121, Caloocan City, committed grave abuse of discretion...
Promulgated on 2004-11-17

519. CA GR CV 80697: Del Monte Motors Works, vs. Batangas, Laguna Tayabas Bus
The instant Appeal is DISMISSED for failure of defendantappellant company to file the required brief despite the extended period it sought....
Promulgated on 2004-11-17

520. CA GR CV 80927: Heirs of Tomas Dolleton, et al vs. Fil-Estate Management, et al
The instant Last Motion For Extension (dated 7 October 2004)1 to file the required appellant s brief is DENIED considering that plaintiffs-appellants have already been granted a maximum extended period of ninety (90) days within which to do so. Consequen...
Promulgated on 2004-11-17

521. CA GR SP 72358: Enan Landrito vs. Hon. Perello, et al
Private respondent seeks a reconsideration of Our Decision dated April 28, 2004 on the ground that the instant case is substantially similar to the case of Malicdim vs. The Heirs of Lazaro Bunyi which has already been decided by the Supreme Court....
Promulgated on 2004-11-17

522. CA GR SP 86623: Eusebio Saguinsin, et al vs. Venancio de Roxas
Before us is a petition for review of the Decision dated May 17, 2004 of the Regional Trial Court of Malolos, Bulacan, Branch 81, affirming the Decision of the Metropolitan Trial Court of Hagonoy, Bulacan, in Civil Case No. 1401 for unlawful detainer....
Promulgated on 2004-11-17

523. CA GR CV 67969: Richard Cohen vs, Rafael Dizon, Jr
Appellant seeks reconsideration of Our Decision dated August 17, 2004 which denied the appeal.We have once more reviewed the issues in this case particularly as they relate to the motion for reconsideration. We find no reason to reverse, alter or modify...
Promulgated on 2004-11-17

524. CA GR SP 74765: MENCHACA INTEGRATED, vs. HEIRS OF MAXIMINO PORSUELO
Although no comment was filed by respondents to the Motion for Reconsideration of the petitioner, said motion must be denied. We have painstakingly reviewed the arguments presented and we find no reason to modify, much less reverse Our Decision in this...
Promulgated on 2004-11-17

525. CA GR SP 79684: San Jose Builders vs. Sarah Rasheed, et al
Petitioner seeks reconsideration of Our Decision dated September 15, 2004 which denied due course and dismissed the petition....
Promulgated on 2004-11-17

526. CA GR SP 61788: Rafael vs. NLRC, et al
At the time of the termination of their employment in April 1998, the petitioners Freddie Rafael and Sergjun Redonga were twisting machine operators of Goodyear Textile Manufacturing Company, having been hired in this capacity since June 1991 an February ...
Promulgated on 2004-11-16

527. CA GR SP 80361: PERLA NERIDA-MIRALLES, vs. Ruth Joven
This pertains to the Motion for Reconsideration filed by the petitioner through counsel seeking for the reconsideration of the Decision dated 26 May 2004, the text of which reads: WHEREFORE, in view of all the foregoing, the decision dated September 2...
Promulgated on 2004-11-16

528. CA GR SP 80363: Evelyn Teodosio vs. NLRC, et al
Assailed in this petition for certiorari under Rule 65 of the 1997 Rules of Civil Procedure are (1) the decision dated April 28, 20031 of public respondent National Labor Relations Commission (NLRC)...
Promulgated on 2004-11-16

529. CA GR CV 60940: De Refuerzo vs. Sps. Alvaro Estonilo, et al
Assailed in this appeal is the Decision dated May 8, 19982 in Civil Case No. A-1419 of Branch 31, Regional Trial Court, Agoo, La Union granting the complaint for Recovery of Possession with Damages filed by plaintiff-appellee Juanita Obungen Vda. De...
Promulgated on 2004-11-16

530. CA GR CV 62675: Amtrust Financial vs. Induplex, Inc., et al
This is an appeal from the Decision dated July 16, 19982 of Branch 137, Regional Trial Court, Makati in Civil Case No. 96-557,an action for breach of contract with damages filed by plaintiff-appellant Amtrust Financial Consultants, Inc., against defendan...
Promulgated on 2004-11-16

531. CA GR SP 82145: John Lear Santor, vs. NLRC, et al
Finding no new matter of substance that would warrant a modification and/or reversal of the August 31, 2004 decision, the Motion for reconsideration filed by the petitioner is hereby DENIED for lack of merit....
Promulgated on 2004-11-16

532. CA GR SP 81407: Florentino Fernandez, et al vs. NLRC, et al
The grounds raised by the private respondent in its Motion for Reconsideration having been amply discussed in the decision dated September 13, 2004, hence, there is no cogent reason why the same should be reconsidered....
Promulgated on 2004-11-16

533. CA GR SP 56677: BULLS EYE SECURITY, vs. WILFREDO A. ESCASULATAN
Bull s Eye Security and Detective Agency (or hereafter Bull s Eye for brevity), by this petition for certiorari asks that the Resolutions dated October 15, 1998 dismissing its appeal and November 15, 1999 denying the motion for its reconsideration, issued...
Promulgated on 2004-11-16

534. CA GR CV 63669: Buen Morales vs. Power Resources Enterprises, et al
This is an appeal interposed by appellants Power Resources Enterprises Corporation (Power Resources for brevity) and Roberto and Claraminda Guido from the Decision dated 15 May 19981 rendered by the Regional Trial Court of Makati City, Branch 61, in Civi...
Promulgated on 2004-11-16

535. CA GR CV 54593: Galileo Brion vs. Lourdes vda. de Roxas, et al
Before us on appeal is the Decision dated 29 April 1996 of the Regional Trial Court of San Pablo City, Branch 29 in Civil Case Nos. SP 3491 and 3547, entitled Galileo P. Brion vs. Lourdes Q. Vda De Roxas and Galileo P. Brion vs. Heirs of Norberto Quisumbi...
Promulgated on 2004-11-16

536. CA GR SP 80748: Ascend International Services, Inc. vs. NLRC, et al.
Before Us is a petition for certiorari with prayer for the issuance of a temporary restraining order1 under Rule 65 of the Revised Rules of Court seeking to reverse and set aside the Decision dated July 14, 2003 of public respondent National Labor Relati...
Promulgated on 2004-11-16

537. CA GR CV 63464: Star Paper Corp., vs. Orlando Acena, et al
Before the Court is an appeal from the Decision dated April 26, 19992 of Branch 217, Regional Trial Court, Quezon City in Civil Case No. Q-96-27962 (for sum of money), adjudging defendantappellant Orlando Acena, doing business under the name and style MV...
Promulgated on 2004-11-16

538. CA GR SP 84945: Yasujyuki Ota vs. Board of Medicine, Dr. Raul Fores, et al.
This is an appeal under Section 10, Rule 44 of the Revised Court of Manila, Branch 22, rendered on October 19, 2003, Rules of Civil Procedure from the Decision of the Regional Trial...
Promulgated on 2004-11-16

539. CA GR SP 87314: ROLENDIO C. DIZON, vs. Hon. Alfonso Buazon, et al
Considering that the verification does not contain the assurance that the allegations in the petition are based on authentic records (A.M. No. 00-2-10-SC) and that the assailed Orders (Annexes G & L) are xeroxed copies of certified true copies, the Cou...
Promulgated on 2004-11-16

540. CA GR CV 59486: Diesel Construction vs. Jollibee Foods
Plaintiff-appellant seeks a reconsideration of Our Decision dated June 1, 2004. In support of its motion, plaintiff-appellant argues that We should delve deeper into the intent and substance of the contract between the parties. After a careful perusal of...
Promulgated on 2004-11-16

541. CA GR SP 68592: VINANCIA S. CAPULOT, vs. SSS et al
Petitioner VINANCIA S. CAPULOT [CAPULOT] seeks to nullify the Decision dated 09 November 2001 of the Employees Compensation Commission [ECC] in ECC Case No. MS-11067-100 which affirmed the decision of the Social Security System [SSS] denying her claim f...
Promulgated on 2004-11-16

542. CA GR SP 81133: Edgar Afable, vs. NLRC, et al
These are motions for partial reconsideration filed by petitioner Edgar B. Afable (hereafter petitioner) and private respondents San Miguel Corporation, Francisco Eizmendi, Jr., and Francis H. Jardeleza (hereafter respondents) of this Court s decision d...
Promulgated on 2004-11-16

543. CA GR SP 54214: LANTING SECURITY, et al vs. NLRC, et al
Eduardo Rosil was employed as Security Officer with Lanting Security and Watchman Agency (LSWA) on June 16, 1990 and assigned to the Precious Metals and Mining Development Corporation (PMMDC). He was paid an initial monthly salary of P3,500.00 which was...
Promulgated on 2004-11-16

544. CA GR CR 27664: People vs. FRANKLIN EDUARDO, et al
This is an appeal from the decision of the Regional Trial Court, Branch 27 of Cabanatuan City in Criminal Cases Nos. 3808, 3809, 3810, 3811, 3812 and 3813 for violation of Batas Pambansa Blg. 22, otherwise known as the Bouncing Checks Law....
Promulgated on 2004-11-12

545. CA GR SP 75364: NFD INTERNATIONAL, vs. NLRC, et al
Assailed in this petition for certiorari are the Resolutions of the NLRC (3d Division) in NLRC NCR CA No. 030151-01,1 which respectively affirmed in part the Decision of the Labor Arbiter in OFW Case No. (M) 2000-10-00610-30,2 and denied herein petitio...
Promulgated on 2004-11-12

546. CA GR CV 64465: AURORA REGLOS, et al vs. Remoe REglos, et al
On appeal is the Decision dated May 5, 1999 of Branch 23, Regional Trial Court, Roxas, Isabela in Civil Case No. 23-489 granting plaintiffs-appellees Complaint for Recovery of Ownership, Breach of Trust and Reconveyance with Damages against defendants-a...
Promulgated on 2004-11-12

547. CA GR CV 74630: Security Bank Corp. vs. Sps. Tongol
The Motion for Reconsideration dated September 22, 2004 filed by respondents-appellants spouses Eduardo and Amelita Tongol of Our Decision dated November 5, 2003, partaking as it does of a second motion for reconsideration which is prohibited under Sect...
Promulgated on 2004-11-12

548. CA GR CV 80507: VIRGILIO TIO, JR. and BLESILDA TIO vs. HOME DEVELOPMENT MUTUAL FUND, et al.
This is an appeal from the Decision of the Regional Trial Court of Binangonan, Rizal in Civil Case No. 01-049, entitled "Virgilio Tio, Jr. and Blesilda Tio vs. Home Development Mutual Fund, etc.", for annulment of judgment....
Promulgated on 2004-11-12

549. CA GR SP 77889: Rogelio Calapatia vs, Hon. Merceditas Gutierrez, et al
The propriety of the respondent Undersecretary s denial of the petitioner s appeal from the finding of probable cause against him for falsification of public document is the main issue in this petition for certiorari under Rule 65 of the 1997 Rules of C...
Promulgated on 2004-11-12

550. CA GR SP 86386: Sps. Lucero vs. Hon. Hilarion Corcuera, et al.
The instant Petition for Review is procedurally flawed in view of the following: 1. The duplicate original or certified true copy of the decision of the Municipal Trial Court of Sta. Rosa, Laguna dated July 10, 2002 is not attached to the petition; and...
Promulgated on 2004-11-12

551. CA GR SP 80652: Roderick Valbuena, et a. vs. Hon. Placido Marquez, et al.
This is a Petition for Certiorari under Rule 65 of the 1997 Rules of Civil Procedure seeking the nullification of the September 11, 2003 Order of herein public respondent,...
Promulgated on 2004-11-12

552. CA GR CV 68782: Bank of the Philippine Island vs. Ma. Glecerita Catherine Dipasupil, et al
Before the Regional Trial Court of Manila (Branch 48) was an action for replevin and damages filed by Bank of the Philippine Islands (or appellant) against Ma. Glecerita Catherine Dipasupil (or appellee) and John Doe....
Promulgated on 2004-11-12

553. CA GR CR 27948: People, vs. OSCAR REYES MANUEL,
Per report of the JRD (Criminal Cases Section) dated November 2, 2004, [Rollo, p. 39-back], accused appellant failed to file the required brief within the reglementary period which expired on June 25, 2004....
Promulgated on 2004-11-12

554. CA GR CV 78704: MARILENA MARALIT MEDEL vs. ARSENIO PLETA MARALIT, JR., et al.
On appeal is the decision rendered by the Regional Trial Court, Branch 134, of Makati City, in Civil Case No. 99-2001, for Quieting of Title, Recovery of Possession and Ownership, Annulment of Deed of Sale and Title and Reconveyance with Damages....
Promulgated on 2004-11-12

555. CA GR CV 33102: Helen vda. de Jison vs. H.G. Henares and Sons, et al
Contested before the Regional Trial Court of Negros Occidental (Branch 47), in an action for cancellation of certificates of title and damages, were five (5) parcels of land, collectively known as Hacienda Concepcion (or hacienda) with a total area of 25...
Promulgated on 2004-11-12

556. CA GR CR 20905: People vs. Melchor Martinez, et al
For purportedly being in possession of, and selling, methamphetamine hydrochloride (or shabu), a regulated drug, without legal authority and for allegedly being in possession of an unlicensed firearm and ammunition, Melchor Martinez y Silos (or Martinez)...
Promulgated on 2004-11-12

557. CA GR SP 87270: MICROPHIL-GUAM Dev't Inc. vs Dominga Bumanlag, et al.
The verification and certification of non-forum shopping in this petition for certiorari is fatally flawed having been signed by a certain Emelita C. Tan Ting who has not been shown to be authorized by the Board of Directors of the petitioner corporation...
Promulgated on 2004-11-12

558. CA GR CR 26821: Ernesto Baylon, vs. People
Petitioner was charged with Violation of P.D. 1866, Section 1 (Illegal Possession of Firearms and Ammunition) before the Municipal Circuit Trial Court, San Lorenzo Ruiz ? San Vicente, Province of Camarines Norte. The Information against petitioner reads...
Promulgated on 2004-11-12

559. CA GR CV 66230: Sps. Floresto Carasco, vs. Sps. Melchor Veloria
Before Us is an appeal from the Order made in open court by the Regional Trial Court, Branch 1722, Valenzuela City, on August 10, 1999 in Civil Case No. 3- V-99, entitled Spouses Floresto Carrasco, et al., Plaintiffs, versus Spouses Melchor S. Viloria, e...
Promulgated on 2004-11-12

560. CA GR SP 50682: Paulino Aliten vs. NLRC, et al.
This petition for certiorari was originally filed on August 23, 1995 with the High Court which, in a Resolution dated November 25, 1998, referred it to this Court for proper disposition (p. 387, Rollo)....
Promulgated on 2004-11-12

561. CA GR CR 27796: People vs. Patrick Ballog y Cabannag, et al.
On 6 October 2004, We issued a Resolution directing the Office of the Solicitor General to file a Comment on accused-appellants? Manifestation with Motion to Withdraw Appeal....
Promulgated on 2004-11-12

562. CA GR CV 80303: Lucia Tolentino Vda. de Jesus vs. Fortunato Manahan, et al.
The right to appeal is not a natural right or a part of due process, it is purely a statutory privilege, and may be exercised only in the manner and in accordance with the provisions of law. Thus, an appeal may be dismissed by the Court of Appeals if the...
Promulgated on 2004-11-12

563. CA GR SP 62604: Sps. Belenzo, et al. vs. Sps. Beltran, et al.
Well- settled is the rule that the jurisdiction of the court and the nature of the action are determined by the averments in the complaint....
Promulgated on 2004-11-12

564. CA GR SP 68762: Intermatrix Copy System, et al. vs. NLRC, et al.
Before Us is a Petition for Certiorari filed under Rule 65 of the Rules on Civil Procedure which seeks the reversal of the Resolution dated October 26, 2001 of the Public Respondent National Labor Relations Commission, in NLRC NCR CA No. 023837-00,...
Promulgated on 2004-11-12

565. CA GR SP 84591: AUGUSTO REGINALDO, vs. GLENDA GUERRERO
This is an appeal, by petition for review, of the dated May 24, 2004, of the Regional Trial Court (RTC) of Tarlac City, Branch 64, rendered in Civil Case No. 96-22. In the appealed decision, the RTC, acting in the exercise of its appellate jurisdiction,...
Promulgated on 2004-11-12

566. CA GR CV 70979: Land Bank vs. Severino Listana
This is an appeal from the Order dated October 25, 2000 rendered by a Special Agrarian Court in a case for Just Compensation filed by the appellant Land Bank of the Philippines (hereafter Land Bank for brevity) against the appellee Severino Listana (or L...
Promulgated on 2004-11-12

567. CA GR CR 26962: People vs. NEIL LLAVE FLORES
This treats of the motion for reconsideration dated December 2, 2003 (Rollo, p. 138) filed by the defendant-appellant Neil Lave Flores from our decision affirming in its entirety the earlier judgment of conviction rendered by the Regional Trial Court of...
Promulgated on 2004-11-12

568. CA GR CV 81277: Sps. de Guzman, et al. vs. Angelina B. Reyes, et al.
Plaintiffs-appellants and their counsel both received the ?Notice to File Brief? on July 9, 2004 requiring them to file the same within forty-five (45) days, or until August 23, 2004....
Promulgated on 2004-11-12

569. CA GR SP 82204: Lourdes M. Jadie vs. ECC and GSIS
Before us is a Petition for Review under Rule 43 of the Rules of Court, seeking to annul the December 11, 2003 Decision of the Employees' Compensation Commission in ECC Case No. GL-14528- 1102 dismissing petitioner's claim for death benefits of her lat...
Promulgated on 2004-11-12

570. CA GR SP 82160: DEPARTMENT OF TRANSPORTATION AND COMMUNICATIONS vs. ROLANDO S. CRUZ and ERNELIZA Z. MAMARIL
This is a petition for review under Rule 43 of the 1997 Rules of Civil Procedure seeking to annul and set aside Civil Service Commission (CSC) Resolution No. 030505 dated May 5, 2003 and CSC letter dated January 20, 2004 denying petitioner's motion fo...
Promulgated on 2004-11-12

571. CA GR SP 84300: INTER-ORIENT NAVIGATION, vs. NLRC, et al
Assailed in this petition for certiorari under Rule 65 is the Resolution dated November 24, 2003 dismissing petitioners appeal and affirming the Decision dated February 26, 1999 which awarded private respondent sickness wages, disability benefits and dam...
Promulgated on 2004-11-12

572. CA GR CV 62501: Federido Sunaty vs. Republic of the Philippines
Petitioner-appellee seeks leave of Court to withdraw from the records of this case the originals of TCT Nos. A-1407 and A-1408 as well as the two allegedly falsified copies thereof as the same are going to be used in the prosecution of criminal cases No....
Promulgated on 2004-11-12

573. CA GR SP 72775: Faustina & Juana Bolina, et al. vs. Consuelo Maulawin
Before Us for resolution is a Petition for Review (dated May 21, 2003) filed by the herein petitioners (pages 02-21 of the Rollo), on the Resolution of the Department of Agrarian Reform Adjudication Board-Central Office, Elliptical Road, Diliman, Quezo...
Promulgated on 2004-11-12

574. CA GR CR 26658: People vs. Benjamin S. Escobal, Jr.
Accused Benjamin S. Escobal, Jr., appealed to this Court the judgment of the Regional Trial Court of Valenzuela City, Branch 172, finding him guilty of the crime of Bigamy...
Promulgated on 2004-11-12

575. CA GR SP 65833: Rufina Lim, vs. HON. JUDGE REMIGIO F. ZARI, et al
This pertains to the Urgent Motion for Reconsideration filed by private respondent on 24 July 2002, seeking for the reconsideration of the Decision dated 27 June 2002, the text of which reads: CA-G.R. SP No. 65833...
Promulgated on 2004-11-12

576. CA GR SP 79652: North Operation Trucking Service Co. vs. NLRC, et al.
This is a Petition for Certiorari under Rule 65 of the 1997 Rules of Civil Procedure seeking the nullification of the June 26, 2002 Decision of herein public respondent and its subsequent July 31, 2003 Resolution denying petitioners? Motion for Reconsi...
Promulgated on 2004-11-12

577. CA GR CV 81014: Sps. Uno vs. Arsenia Tomas, et al.
On July 9, 2004, counsel for defendants-appellants filed an ?Urgent Ex-Parte Motion for Extension of Time to File Appellant?s Brief?1 as he is saddled with the preparation of equally important pleadings and court appearances in Metro Manila and in the p...
Promulgated on 2004-11-12

578. CA GR SP 87120: Phil. Trust Co. vs. Hon. Francisco A. Querubin, et al.
The Verification and Certification Against Forum Shopping was signed by one Ricardo G. Verzosa in his capacity as Executive Vice- President of herein petitioner Philippine Trust Company (also known as Philtrust Bank) as evidenced by the Secretary's Cer...
Promulgated on 2004-11-12

579. CA GR SP 87242: Alzen Realty, Inc. vs. Hon. Bayani Y. Ilano, et al.
On November 25, 2004, the petitioner, through its counsel, filed a Motion for Reconsideration of our Resolution dated November 12, 2004 dismissing the petition for the reason therein stated....
Promulgated on 2004-11-12

580. CA GR SP 87257: LOTA ARTUGUE, et al vs. VITARICH CORPORATION
The present petition denominated as Petition for Review seeks to annul and set aside the September 24, 2004 Order of the Regional Trial Court of Muntinlupa City, Branch 256, in LRC Case No. 02-015 denying, for lack of merit, petitioners opposition to resp...
Promulgated on 2004-11-12

581. CA GR SP 81352: Nelson Ong, vs. Hon. Rolando Panganiban, et al
Impugned in this Petition for Certiorari as tainted with grave abuse of discretion, amounting to lack or excess of jurisdiction are: (a) The Order, dated February 7, 2003, of the Regional Trial Court (RTC) of Daet, Camarines Norte, Branch 40, in Civil C...
Promulgated on 2004-11-12

582. CA GR SP 77475: G. Raymundo Pawnshop Co., Inc. vs. NLRC, et al.
This is a petition for certiorari under Rule 65 of the Revised Rules of Court assailing the Decision dated December 19, 2002, as well as the Order dated April 8, 2003 of the National Labor Relations Commission, First Division, which reversed the Decision...
Promulgated on 2004-11-12

583. CA GR SP 73128: Leonila Malinay vs. Sps. Felimon Saromo
There being no compelling reason to modify, reverse or reconsider the Decision dated June 2, 2004, petitioner s Motion for Reconsideration is DENIED, it appearing further that the arguments raised therein were already considered upon in the aforesaid de...
Promulgated on 2004-11-12

584. CA GR CR 28339: People vs. Cesar Atienza y Pangilinan
Per report by the Judicial Records Division that no Appellant?s Brief was filed as of October 20, 2004 despite receipt by accused-appellant?s counsel of the Notice to File Brief on June 11, 2004...
Promulgated on 2004-11-12

585. CA GR SP 83431: RODOLFO B. CANLAS vs. HON. CRISPIN C. LARON, et al.
Sought to be reviewed and annulled, for having been issued with grave abuse of discretion amounting to lack of jurisdiction, is the Order dated February 9, 2004 (Annex "J", Petition; pp. 41-43, Rollo) issued by the Regional Trial Court of Dagupan City...
Promulgated on 2004-11-12

586. CA GR CV 81608: Sps. Marzan vs. Ramon Reyes
Per report of the Judicial Records Division dated November 2, 2004, no brief has been filed by appellant?s up to this date....
Promulgated on 2004-11-11

587. CA GR CR 28715: People vs. Mario Ronquillo Torres
Section 8, Rule 124 of the Revised Rules of Criminal Procedure states in part as follows, to wit: x x x . The Court of Appeals may also, upon motion of the appellee or motu propio, dismiss the appeal if the appellant escapes from prison or confinement,...
Promulgated on 2004-11-11

588. CA GR CR 28364: People vs. Jufrey Pascual
The Manifestation with Motion to Withdraw Appeal filed by counsel for accused-appellant with the written conformity of accused-appellant is hereby GRANTED. The appeal is hereby considered WITHDRAWN and TERMINATED....
Promulgated on 2004-11-11

589. CA GR SP 87210: Uniwide Security Agency vs. Department of Labor, et al
The records show that the petition in caption does not contain a copy of a Board Resolution/ Secretary s certificate showing that the President of the petitioner-corporation is duly authorized to sign the verification and certification of non-forum shoppi...
Promulgated on 2004-11-11

590. CA GR SP 83189: Remedios Alamer, et al vs. Darab Region V, et al
For failure to tender new matter of substance that could warrant the reversal or modification of this Court s decision dated September 13, 2004, the Motion to Reconsider filed by petitioner Remedios Alamer is hereby DENIED for lack of merit....
Promulgated on 2004-11-11

591. CA GR SP 87080: MORI Int'l Agency vs Sec. of DOLE, et al.
The instant petition for certiorari is ordered DISMISSED, for failure to contain the proof of service upon respondent POEA and affidavit of the server required in Section 13 of Rule 13, in relation to Section 3 of Rule 46, of the 1997 Rules of Civil Proce...
Promulgated on 2004-11-11

592. CA GR CV 61079: City Transport Corp. vs. Metro Five Star Bus Co., Inc.
Before Us is an appeal from the Decision dated May 12, 1998 rendered by then Presiding Judge Wenceslao I. Agnir, Jr. of Branch 81, RTC of Quezon City in Civil Case No. Q-92-11325 entitled, City Transport Corp. vs. Metro Five Star Bus Co., Inc....
Promulgated on 2004-11-11

593. CA GR SP 87183: DPWH, et al vs. Diosdado Mendoza
For resolution is an Urgent Motion for the Issuance of a Temporary Restraining Order and/or Writ of Preliminary Injunction filed by the Office of the Solicitor General (OSG) on behalf of petitioner DPWH, praying that a temporary restraining order and/or w...
Promulgated on 2004-11-11

594. CA GR CR 28558: People vs. Arman Halina Panguito
In view of the pending warrant of arrest against accusedappellant, and for his counsel s failure to comply with this Court s Resolution1 dated July 28, 2004 despite receipt of notice thereof, accused-appellant s appeal is hereby ordered DISMISSED pursuan...
Promulgated on 2004-11-11

595. CA GR SP 80987: Nena Vergara vs. Elaine Bunuan, et al
This is a Petition for Review under Rule 42 of the 1997 Rules of Court, which assails the Decision dated August 25, 2003 of the Regional Trial Court, Branch 67 of Paniqui, Tarlac, which affirmed the Decision dated March 31, 2003 of the Municipal Trial Cou...
Promulgated on 2004-11-11

596. CA GR CV 79545: Juanito Jimeno vs. Antero Javonitalla, et al
For failure to comply with this Court s Resolutions dated November 18, 2003 and February 24, 2004, the first of which required defendants-appellants to remit the deficit in the docket fees in the amount of P50.00, and the second which required them to sh...
Promulgated on 2004-11-11

597. CA GR SP 86368: Maximo Aglasi, et al. vs Marcing Liwan, et al.
On November 11, 2004, this petition for review under Rule 42 was ordered dismissed for: (a) failing to append the Municipal Trial Court's decision and other pertinent documents in support of the petition; and (b) the petition is signed by only one (1) of...
Promulgated on 2004-11-11

598. CA GR CV 77239: Zenaida Chan-Antolin vs. Republic of the Philippines
Before this Court is an appeal from the Decision dated July 22, 2002 of the Regional Trial Court, First Judicial Region, Branch 52, Tayug, Pangasinan in SP. PROC. NO. T-1104 entitled IN THE MATTER OF NATURALIZATION PROCEEDINGS, ZENAIDA CHANANTOLIN, Petit...
Promulgated on 2004-11-11

599. CA GR CR 28570: People vs. Benjamin Paz
In view of the Withdrawal of Appeal filed by accused-appellant and his counsel, the Court hereby GRANTS the same. The appeal is hereby considered WITHDRAWN and TERMINATED....
Promulgated on 2004-11-11

600. CA GR CV 82616: Sps. Romeo Casco vs. Republic
This resolves the Motion to Withdraw Appeal filed by the Office of Solicitor General (OSG) in behalf of the Republic of the Philippines, dated 26 October 2004, praying for the withdrawal of its Notice of Appeal since the applicants appellees had complied...
Promulgated on 2004-11-11

601. CA GR SP 86009: Rogelio Villamor vs Jose Godinez
The announced petition for review not having been filed despite the extension earlier granted the petitioner, this petition is ordered CLOSED and TERMINATED....
Promulgated on 2004-11-11

602. CA GR CR 28585: People vs. Nardy Coshico
Section 8, Rule 124 of the Revised Rules of Criminal Procedure states in part as follows, to wit: x x x . The Court of Appeals may also, upon motion of the appellee or motu propio, dismiss the appeal if the appellant escapes from prison or confinement,...
Promulgated on 2004-11-11

603. CA GR SP 83167: Sps. Remegio Rota, vs. Pio Dongon, et al
A careful scrutiny of the petition reveals the following infirmities: a) No copies of the pleadings and other supporting documents filed before the Municipal Trial Court, San Pascual, Masbate and the Regional Trial Court, Branch 45, Masbate City are att...
Promulgated on 2004-11-11

604. CA GR SP 82706: Sps. Ramon Ong, vs. Hon. Placido Marquez, et al
The is a petition for certiorari under Rule 65 of the Revised Rules of Court assailing the order of the public respondent dated October 3, 2003 in Civil Case No. 02-105434 (a case for Annulment of Extrajudicial Foreclosure of Mortgage and Sheriff Sale wi...
Promulgated on 2004-11-11

605. CA GR SP 77595: SOCIAL STUDIES, et al., vs. NLRC, et al
Forming the crux of the matter in this petition for certiorari is the question of whether or not the National Labor Relations Commission acted with grave abuse of discretion in affirming the Labor Arbiter s decision finding merit in the complaint for ille...
Promulgated on 2004-11-11

606. CA GR SP 86847: SPS. ERNESTO, et al vs. NICANOR PEREZ,
Even if the Court grants the Urgent Motion for Extension of Time to File Verified Petition for Review and thus admit the petition filed within the requested extension, a careful perusal, however, of the petition evinces that it suffers from the following...
Promulgated on 2004-11-11

607. CA GR SP 81771: Sps. Romeo Requinio vs. Sps. Bernardo Lazaro
In this Petition for Review under Rule 42 of the 1997 Revised Rules of Civil Procedure, petitioners, spouses Romeo and Herminigilda Requinio seek the reversal of the decision dated 30 December 2003 of Branch 71 of the Regional Trial Court of Iba, Zambale...
Promulgated on 2004-11-10

608. CA GR CV 76773: Sps. Catequista vs. Ligaya Agutaya
Before Us on appeal is a decision (dated March 20, 2000) of the Regional Trial Court (Branch 39) in the City of Calapan, in Civil Case No. R-4794 (petition to surrender owner?s duplicate of title nos. T-21615 and T-21616 of the Land Records of Oriental...
Promulgated on 2004-11-10

609. CA GR CR 27502: People vs. Jocelyn Licaroz
On appeal by accused is the decision dated 15 January 2003 of Branch 100 of the Regional Trial Court of Quezon City in Criminal Case No. 98-76621, the dispositive portion of which reads:...
Promulgated on 2004-11-10

610. CA GR SP 76887: Sps. Luciano Santiago vs. Hon. Guillen et al
This pertains to petitioners Motion for Reconsideration of Our Decision dated June 9, 2004. We have once more reviewed the issues in this case particularly as they relate to the motion for reconsideration and the comment thereto. We find no reason to...
Promulgated on 2004-11-10

611. CA GR SP 79218: Cristobal Ducat, vs. Simeon Neria
This is a Petition for Review under Rule 42 of the 1997 Rules of Court seeking the reversal and setting aside of the Resolution dated August 13, 2003 issued by the Regional Trial Court of La Trinidad, Benguet, Branch 63 and the Judgment dated June 10, 200...
Promulgated on 2004-11-10

612. CA GR CR 27130: People vs. Manuel Tan
This Court after going over accused-appellant s Motion for Reconsideration, finds that there are no new matters or arguments set forth in this instant motion which have not been passed upon and considered by this Court when it rendered the Decision dat...
Promulgated on 2004-11-10

613. CA GR SP UDK 5240: Romeo Teston, vs. Development Bank of the Phil., et al
The instant Petition for Review (dated 13 October 2004)1 is outrightly DISMISSED due to the following procedural infirmities....
Promulgated on 2004-11-10

614. CA GR SP 74392: Dulce Memorial Services vs. NLRC, et al
After a thorough study of the Motion for Reconsideration filed by petitioners in the above entitled case, the Court finds no sufficient reason to deviate from its findings and conclusions reached in its Decision of June 28, 2004....
Promulgated on 2004-11-10

615. CA GR CV 77942: Rafael Abundo, et al vs. Tita Abundo, et al
Up for resolution of this Court is the ordinary appeal filed by plaintiffs-appellants seeking the reversal of the 09 December 2000 Decision of the Regional Trial Court, Judicial Region V, Branch 42, Virac, Catanduanes in Civil Case No. 1829 for Declarati...
Promulgated on 2004-11-10

616. CA GR SP 82521: Ludovico Cabero vs. Hon. Edgardo Pamintuan, et al
In this Petition for Review under Rule 43 of the 1997 Rules of Civil Procedure, petitioner Ludivico Cabero seeks to nullify 02 December 2003 Decision of the Office of the President in OP Case No. 02-H-426 which affirmed the 28 February 2002 Letter-Rulin...
Promulgated on 2004-11-10

617. CA GR SP 87037: Emmanuel E. Tomagos vs. NLRC, et al.
The instant Petition for Certiorari is not accompanied by the following certified copies of the resolutions, pleadings and documents necessary to support the allegations in the petition, in violation of Section 1, Rule 65 of the Rules on Civil Procedure:...
Promulgated on 2004-11-10

618. CA GR SP 78286: Equitable PCI Bank vs. Hon. Sixto Marella, et al
Upon due consideration of petitioner s Motion for Reconsideration and private respondent s Opposition thereon, the Court finds no compelling reason to reconsider its Decision dated June 7, 2004 as the arguments raised in the motion are a mere rehash of t...
Promulgated on 2004-11-10

619. CA GR SP 74846: Atty. Primo. Lasaoay, vs. Leopoldo Costales
This appeal by way of petition for review seeks to overturn the Decision dated December 4, 2002 of the Regional Trial Court of Dagupan City, Branch 44, in Civil Case No. 2000-0329-D, which affirmed in toto the judgment dated October 9, 2000 of the 4th Mu...
Promulgated on 2004-11-10

620. CA GR SP 84032: Cand Catap, et al vs. Renita Alba
Petitioners Very Urgent Motion to Issue TRO and/or Writ of Preliminary Injunction filed on August 24, 2004 and Addendum To The Very Urgent Motion To Issue TRO and/or Writ of Execution filed on August 24, 20042; and...
Promulgated on 2004-11-10

621. CA GR SP 79405: Romeo Z. Rupisan, et al. vs. Hon. Jules A. Mejia, et al.
Before this Court is a petition for certiorari under Rule 65 of the 1997 Rules of Civil Procedure to nullify the orders of the Regional Trial Court (RTC) of Alaminos City, Pangasinan, Branch 54, dated November 22, 2002 in Civil Case No. A-2106 and July...
Promulgated on 2004-11-10

622. CA GR SP 77383: Renato P. Dragon vs. NLRC, et al.
This is a Petition for Certiorari under Rule 65 of the 1997 Rules of Civil Procedure seeking the nullification of the April 25, 2001 Order and March 21, 2003 Resolution of the National Labor Relations Commission (2nd Division) in NLRC NCR CA NO. 027376-...
Promulgated on 2004-11-10

623. CA GR SP 82017: Macario Ong vs. Social Security System
Finding no new matter of substance that would warrant a modification and/or reversal of the August 16, 2004 decision, the Motion for reconsideration filed by the respondent is hereby DENIED for lack of merit....
Promulgated on 2004-11-10

624. CA GR SP 79123: Felicito Acero vs. Hon. Lepoldo E. Baraquia, et al.
In this Petition for Review under Rule 42 of the 1997 Rules of Civil Procedure with prayer for a temporary restraining order and preliminary injunction, petitioner seeks the review and setting aside of the decision of the Regional Trial Court (RTC), Br. 2...
Promulgated on 2004-11-10

625. CA GR CV 64912: ROMEO GUINO-O, vs. TERESITA S. COMON, et al
BEFORE US is a motion for reconsideration filed by defendant-appellants on 22 October 2003, seeking for the reconsideration of the DECISION dated 19 September 2003, the text of which reads:WHEREFORE, premises considered, the Decision dated July 28, 1998...
Promulgated on 2004-11-10

626. CA GR SP 70617: Bernardita Castro vs. Hon. Mariano Signson, et al
x x x a petition for relief from judgment, being an act of grace, x x x should be availed of only in exceptional circumstances or when the demands of equity and justice should prompt the court to give the petitioner a last chance to defend his right or...
Promulgated on 2004-11-10

627. CA GR SP 82304: United Doctors Services Corp. vs. NLRC, et al.
Perusing over the arguments raised in petitioner's Motion for Reconsideration, We find no compelling reason to modify, alter or reverse Our Decision dated September 17, 2004....
Promulgated on 2004-11-10

628. CA GR CV 67283: S. P. TABANDA, INC., vs. SPOUSES GERVACIO DELA CRUZ
BEFORE US is a motion for reconsideration filed by defendant-appellants on 03 December 2003, seeking for the reconsideration of the Decision dated 30 October 2003, the text of which reads:WHEREFORE, premises considered, the decision dated October 8, 1999...
Promulgated on 2004-11-10

629. CA GR CV 70919: Ferdinand M. Lavin vs. Manolo P. Samson, et al.
This is an appeal interposed by private complainant Caterpillar, Inc. relative to the Order dated June 26, 2001 of the Regional Trial Court, Branch 172 of Valenzuela City which quashed Search Warrant Nos. 12-V-00 up to 37-V-00...
Promulgated on 2004-11-10

630. CA GR SP 71560: NVPAS RECAPPING CO., INC., vs. ANTONIO A. REQUIES
BEFORE US is a motion for reconsideration filed by petitioner through counsel on 21 November 2003, seeking for the reconsideration of the Decision dated 30 October 2003, the decretal portion of which reads: WHEREFORE, the questioned decision dated Feb...
Promulgated on 2004-11-10

631. CA GR CV 72441: Mario Dante Floresca vs. Sps. Torres
Before Us on appeal is an Order (dated August 09, 2001) of the Regional Trial Court (Branch 46) in San Jose, Occidental Mindoro, in Civil Case No. R-1208 (recovery of possession, demolition of improvement with damages)....
Promulgated on 2004-11-10

632. CA GR SP 80044: Jadewell Parking System vs. Hon. Angeles, et al
Petitioner seeks the reconsideration of Our Decision dated August 30, 2004 which dismissed the petition....
Promulgated on 2004-11-10

633. CA GR SP 78762: Cesar Bayot, et al vs. Jose Baranda, et al
Appeal by way of petition for review by the defendants from the Joint Decision rendered by the Regional Trial Court of Pili, Camarines Sur, in the exercise of its appellate jurisdiction in Civil Case Nos. P-2191, P-2192, P-2193, P-2194, and P-2195; as wel...
Promulgated on 2004-11-10

634. CA GR SP 68626: Jose C. Millora vs. NLRC, et al.
In termination of employment disputes, the burden of proof is always on the employer to prove that the dismissal was for a just and valid cause. Evidence must be clear, convincing and free from any inference that the prerogative to dismiss an employee w...
Promulgated on 2004-11-10

635. CA GR CV 75979: Lourdes Urrutia et al vs. Buena Tierra Agro, et al
This is an appeal from the decision dated 22 April 2002 of the Regional Trial Court of Makati City, Branch 134, in the consolidated cases of Civil Case No. 98-1048 (an action for sum of money) and Civil Case No. 98-1743 (an action for specific performan...
Promulgated on 2004-11-10

636. CA GR SP 82153: Solid Homes, Inc., vs. Evelina Leserna, et al
We have carefully perused petitioner s Motion for Reconsideration and find no cogent or compelling reason to reconsider the same. The motion presents no new matters which We have not already considered in resolving the questioned decision....
Promulgated on 2004-11-10

637. CA GR CV 77593: Stephen Liu vs. Stronghold Insurance, et al
This is an appeal from the Order (Records, pp. 767-770) of the Regional Trial Court of Makati City, Branch 63, dated 21 January 2002 in Civil Case No. 95-1361 which granted the Motion to set Hearing on the Damages caused by the Injunction and the Attach...
Promulgated on 2004-11-10

638. CA GR CV 76697: GMA Network vs. ABS-CBN Broadcasting
This pertains to defendant-appellant s Motion for Reconsideration of Our Decision dated August 6, 2004. We find no plausible reason to justify a departure from Our Decision, especially in the light of the Opposition/Comment of the plaintiff-appellee on s...
Promulgated on 2004-11-10

639. CA GR CV 77140: Melchor Damance vs. The REgister of Deeds, et al
This is an appeal filed by the Office of the Solicitor General from the Decision (Records, pp. 56-63) of the Regional Trial Court of Cabarroguis, Quirino, Branch 32 in L.R.C. No. 197-2000 for Petition for Correction of Entry in TCT No. T-418, Melchor Dam...
Promulgated on 2004-11-10

640. CA GR SP UDK 5223: Rosita Baisa, vs. People of the Philippines
An examination of the instant petition discloses the following formal and substantial infirmities which warrant the outright dismissal of the same, viz: 1. The docket fees in the amount of Three Thousand Five Hundred Thirty Pesos (P3,530.00) was not re...
Promulgated on 2004-11-10

641. CA GR SP 81427: Maria Abegail Domingo et al., vs. Hon. Eleuterio Guerrero, et a
This pertains to petitioners Motion for Reconsideration of Our Decision dated August 30, 2004. We find no plausible reason to justify a departure from Our decision. ACCORDINGLY, the Motion for Reconsideration is DENIED for lack of merit....
Promulgated on 2004-11-10

642. CA GR CV 75772: Vytiaco vs. Estrella Londres
Appeal from the Decision of the Regional Trial Court of Puerto Princesa City, Palawan, Branch 51, in Civil Case No. 2724, the decretal portion whereof reads:...
Promulgated on 2004-11-10

643. CA GR SP 78044: Intermare Marine vs. Apollo Ledesma, et al
There being no new or novel issues presented by petitioners, and considering that the issues raised in the present motion have already been sufficiently passed upon and threshed out in the questioned decision, the motion for reconsideration must fail....
Promulgated on 2004-11-10

644. CA GR SP 82534: de Rombaua, vs. Elizer Panganiban, et al
On appeal by petition for review is the Decision, dated January 15, 2004, of the Regional Trial Court (RTC) of Olongapo City, Branch 72, rendered in Civil Case No. 134-0-2001....
Promulgated on 2004-11-10

645. CA GR CV 77207: Heirs of Quintin Tan, et al. vs. Municipality of Pinamalayan, et al.
The right to appeal is not a natural right or a part of due process, it is merely a statutory privilege and may be exercised only in the manner and in accordance with the provisions of law....
Promulgated on 2004-11-10

646. CA GR CV 80961: CECILIA MARTINEZ LEOVONCHIONG, et al vs. ESTATE OF DOMINADOR SILUBRICO,et al
On appeal is the Resolution dated July 12, 2003 of the Regional Trial Court (RTC) of Muntinlupa City, Branch 276 wherein the action for legal redemption with damages filed by plaintiffs-appellants against the defendants-appellees was dismissed. The dispo...
Promulgated on 2004-11-10

647. CA GR CV 79007: Eduardo Rayo vs. Metropolitan Bank
This is an ordinary appeal which seeks the reversal of the 04 November 2002 Order of the Regional Trial Court of Cavite, Fourth Judicial Region, Branch 18, Tagaytay City in Civil Case No. TG-2240 for Nullification of Real Estate Mortgage Contracts and E...
Promulgated on 2004-11-10

648. CA GR CV 57710: National Power Corp., vs. Vine Development Corp., et al
In this appeal, plaintiff-appellant National Power Corporation (NPC) initially seeks the reversal and nullity of 05 September 1997 Decision1 of the Regional Trial Court, Imus, Cavite, Branch 21 in Civil Case No. 1140-95, decreeing the fair market value...
Promulgated on 2004-11-10

649. CA GR CV 77016: ARCTURUS CORPORATION, et al vs. PNB, et al
In this appeal, plaintiffs-appellant Arcturus Corporation and Capella Development Corporation seek to nullify the 26 November 2002 Order of the Regional Trial Court of Las Pinas, Branch 199 which dismissed plaintiffs appellants Complaint for Annulment of...
Promulgated on 2004-11-10

650. CA GR CV 77241: Julie Song vs. Philippine Transmarine, 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 Motions for Reconsideration filed by both plaintiff-appellee1 and the defendants-appellants are hereby DENIED...
Promulgated on 2004-11-09

651. CA GR CV 54448: Republic of the Philippines vs. Teodora Santos, et al
On May 13, 1949, Leoncio Santos (or Leoncio) sold to the Civil Aeronautics Administration (or CAA), now Air Transportation Office, a parcel of land denominated as Lot No. 4 (or inherited property) with an area of 21,577 square meters and located at Barr...
Promulgated on 2004-11-09

652. CA GR SP 83409: Manila Resource, et al vs. Warlito Sido, 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) May 29, 2003, partially granting the Appeal of Warlito O. Sido (hereafter Warlito); b) October 30, 2003, den...
Promulgated on 2004-11-09

653. CA GR CV UDK 8958: VICTOR TORRADO, vs. ARIEL ALMENDRAL, ET AL.,
There being no proof appearing on record that the required appellate docketing fees have been paid within the authorized period per report of the Judicial Records Division dated July 2, 2004, the appeal in this case is hereby deemed ABANDONED and accord...
Promulgated on 2004-11-09

654. CA GR SP 78828: Holiday Inns, vs. Commissioner of Internal Revenue
Finding no new matter of substance that would warrant the modification much less the reversal of the September 9, 2004 Decision of this Court, the Motion for Reconsideration filed by petitioner is hereby DENIED for lack of merit....
Promulgated on 2004-11-09

655. CA GR SP 82789: Joel Vidad vs. Hon. Lyndon Molino
Finding no new matter of substance that would warrant the modification much less the reversal of the July 30, 2004 Decision of this Court, the Motion for Reconsideration1 filed by respondentappellant is hereby DENIED for lack of merit....
Promulgated on 2004-11-09

656. CA GR CR 27009: People vs. Rex Llanes, et al
Before this Court is an appeal from the Decision dated July 22, 2002 of the Regional Trial Court, Fourth Judicial Region, Branch 12, Lipa City in Criminal Case No. 009-2001, entitled People of the Philippines, Plaintiff, versus Sonny Boy Watanabe y Anoy...
Promulgated on 2004-11-09

657. CA GR SP 84501: Delio Hernandez vs. NLRC, et al
Before this Court is a petition for certiorari under Rule 65 of the 1997 Rules of Civil Procedure, assailing the Resolutions dated January 31, 20031 and March 26, 20 42 of the National Labor Relations Commission (NLRC), Second Division, in...
Promulgated on 2004-11-09

658. CA GR CV 78882: Ruby Gan Tee-ten v, Arthur Tee-ten
UPON own motion of petitioner-appellant, through counsel, the appeal from a decision, denying the petition for nullity of marriage is hereby allowed to be WITHDRAWN and considered DISMISSED (Sec. 3, Rule 50, 1997 Rules of Civil Procedure)....
Promulgated on 2004-11-09

659. CA GR CV 80257: LEONISA VELARDE, ET AL.,, vs. KOWLOON REALTY, et al
This is an appeal from the Decision1 dated April 7, 2003 of the Regional Trial Court of Malolos, Bulacan, Branch 82 in Civil Case No. 664-M-99, the dispositive portion of which reads as follows:...
Promulgated on 2004-11-09

660. CA GR SP 84203: PAMELA BISNAR, et al vs. NLRC, et al
This is a petition for certiorari under Rule 65 seeking to annul and set aside the Decision dated March 31, 2003 reversing the decision of the Labor Arbiter which declared the petitioners to have been illegally dismissed and ordered their reinstatement wi...
Promulgated on 2004-11-09

661. CA GR SP 84868: BOOKMAN, INC., vs. NLRC, et al
This is a petition for certiorari under Rule 65 seeking to reverse and set aside the Resolution dated February 16, 2004 dismissing petitioner s appeal and affirming the decision of the Labor Arbiter, as well as the Resolution dated April 22, 2004 denying...
Promulgated on 2004-11-09

662. CA GR CV 65088: SPOUSES GERARDO DAGSAAN, vs. ALEJANDRO PICHAY, et al
Before us is an appeal from the Decision of the Regional Trial Court, Branch 73, Olongapo City, in Civil Case No. 3058-O, an action for recovery of possession, cancellation of registration, ejectment and damages....
Promulgated on 2004-11-09

663. CA GR CV 78637: SPOUSES DALMACIO, et al., vs. SANTY BRIZ, ET AL.,
This is an appeal from the Decision of the Regional Trial Court of Quezon City, Branch 215, in Civil Case Nos. Q-96-27910 and Q-96-27911, the dispositive portion of which reads as follows:...
Promulgated on 2004-11-09

664. CA GR SP 86380: Miguel Reyes vs. Hon. Judge Ruben Galvez, et al
We find no grave abuse of discretion in the Order1 of respondent Regional Trial Court (RTC) reviving its previous Order which granted the ex-parte petition for writ of possession of respondent Bank....
Promulgated on 2004-11-09

665. CA GR SP 85828: AMON TRADING, vs. HON. JUDGE FRANCISCO, et al
Before Us is a Petition for Certiorari and Prohibition filed under Rule 65 of the 1997 Rules of Civil Procedure, as amended, assailing the June 14, 2004 and August 4, 2004 Orders of public respondent in CivilCase No. 98-2111 granting private respondent s...
Promulgated on 2004-11-09

666. CA GR CV 72694: ROSARIO N. ESPANOL, vs. ESTATE OF CONCEPCION Lukban, et al
This is an appeal from the decision in a case for Quieting of Title / Recovery of Possession, filed by the appellee Rosario Espanol against the appellants Estate of Concepcion Lukban y Rilles and/or Rafaela Lukban y Rilles (or the Estate), Josefina Oning...
Promulgated on 2004-11-09

667. CA GR SP 80385: Bayani Mota vs. Associates Marine Officers & Seamen's Union of the Phil., PTCWO-ITF
Acting on the motion of petitioner for the reconsideration of this court?s August 20, 2004 Resolution dismissing the petition, the court resolves to deny the same, the basic issues raised therein having previously been duly considered and passed upon b...
Promulgated on 2004-11-09

668. CA GR CR 26184: People vs. Timothy Cashman
An Information was filed by State Prosecutor Philip A. Aguinaldo on October 18, 1999 against Ni?o Vergel y Moralina, Timothy John Cashman, Marvin Mendoza y Arenas, Dante Bansale y Acedera and Eric Cayanan y Abad, charging them with the crime of Carnappin...
Promulgated on 2004-11-09

669. CA GR SP 83842: Pure and Rich Food, vs. NLRC, et al
Petitioner filed a motion alleging that the parties have already settled their differences and praying that the petition be dismissed. In view of said motion and petitioner s manifestations reiterating the same, We perused the attached Satisfaction of...
Promulgated on 2004-11-09

670. CA GR SP 73847: Deodimo D. Bugtong vs. NLRC, et al.
At bar 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 National Labor Relations Commission (NLRC) dated September 5, 2002 in NLRC-NCR Case No. (M) 00-03-0503-00, which re...
Promulgated on 2004-11-09

671. CA GR SP 87088: VISALAND, INC., et al vs. JUDGE FORTUNATO L. MADRONA,, et al
In this Petition for Annulment of Order and Writ of Possession, petitioners pray that the September 23, 2003 Order of the lower court (RTC, Br. 274, Paranaque City) in Land Registration Case No. 02-0065 (In re: Petition for Issuance of Writ of Possessi...
Promulgated on 2004-11-09

672. CA GR SP 81020: Canscor Construction vs, NLRC, et al
In this Petition for Certiorari under Rule 65 of the Rules of Court, petitioner seeks the reversal of the Decision1 of the National Labor Relations Commission (NLRC) dated 30 June 2003 and its Resolution dated 20 October 2003 denying the motion for recons...
Promulgated on 2004-11-09

673. CA GR CV 54026: CRISANTA E. FULAY, vs. HEIRS OF ABDON DESONIA,
The instant appeal seeks the reversal of the June 29, 1995 Decision1 of the Regional Trial Court, Branch 55, of Irosin, Sorsogon, in LRC Case No. 12, a land registration case, the dispositive portion of which reads:...
Promulgated on 2004-11-09

674. CA GR SP 76522: Patrcia Inc. vs. Sioning Juamiz, et al.
In the present petition for review on certiorari under Rule 42, petitioner Patricia, Inc. assails the Decision dated November 20, 2002 of the Regional Trial Court of Manila, Branch 8 in Civil Case No. 98-92103 which affirmed the Decision dated October 26,...
Promulgated on 2004-11-09

675. CA GR SP 73768: ANONUEVO, vs. NLRC, et al
Assailed in this petition for certiorari are the Decision of the National Labor Relations Commission (NLRC), which affirmed in toto the Decision of Labor Arbiter Enrico C. Portillo dismissing petitioner s complaint for illegal dismissal and damages, and...
Promulgated on 2004-11-09

676. CA GR SP 79023: Scenarios Inc., vs. NLRC, et al
This Petition for Certiorari under Rule 65 of the Rules of Court seeks to reverse and set aside the Resolution dated 28 February 20031 of the National Labor Relations (NLRC) sustaining the Labor Arbiter s finding of illegal dismissal and payment of backwa...
Promulgated on 2004-11-09

677. CA GR CV 73345: REGALADO A. HAGAPE, vs. EMILIO F. CHUA, et al
Appellant Regalado Hagape filed before the Regional Trial Court of Makati City (or RTC for brevity) a suit for declaration of Nullity of Special Power of Attorney, Deed of Real Estate Mortgages, Certificate of Sale, and TCT No. 213634 with Damages against...
Promulgated on 2004-11-09

678. CA GR CR 27745: People vs. JIMMY JAMON,
On appeal before Us is the July 28, 2003 Decision1 of the Regional Trial Court (RTC), First Judicial Region, Branch 19, Bangui, Ilocos Norte, charging Jimmy Jamon (accused-appellant) with the crime of Homicide, the dispositive portion of which states:...
Promulgated on 2004-11-09

679. CA GR SP 78203: Sps. Lamsen vs. Carmelita Lao Lee, et al.
Acting on petitioner?s motion for reconsideration of this Court?s August 5, 2004 Decision denying due course to the petition, we find no cogent or justifiable reason to grant the same....
Promulgated on 2004-11-09

680. CA GR SP 82095: Philex Mining vs. Ava Jorge Manalo, et al
This is a petition for review under Rule 43 of the 1997 Rules of Civil Procedure, as amended, which seeks to nullify the Decision dated October 6, 2003 and Order dated January 5, 2004 of Voluntary Arbitrator Jorge M. Manalo (hereafter Voluntary Arbitrator...
Promulgated on 2004-11-09

681. CA GR SP 82778: ROYAL CROWN, et al., vs. NLRC,et al
This petition for certiorari seeks to annul the August 29, 2003 Decision1 of the NLRC in NLRC NCR CASE No. OFW- 0204-0853-00 reversing the September 30, 2002 Decision of the Labor Arbiter which dismissed the complaint of the private respondents for il...
Promulgated on 2004-11-09

682. CA GR SP 86803: LAGRIMAS TADEO, et al vs. HON. LITA S. TOLENTINO, et al
At hand is a petition for certiorari assailing the Order dated April 22, 2004 and Resolution dated June 24, 2004 (pp. 17 and 18, rollo) issued by the respondent presiding Judge....
Promulgated on 2004-11-09

683. CA GR CV 70760: City of Pasig vs. SPS. RENATO L. RAYMUNDO
A Notice of Withdrawal of Appearance1 dated 08 October 2004 was filed by Atty. Macarius S. Galutera, with the conformity of defendants appellees....
Promulgated on 2004-11-09

684. CA GR SP 87190: Heirs of Rustico de la Cruz vs. Hiers of REvelino Ruis, et al
In the interest of justice, we would have admitted the petition despite its late filing in view of the explanations given by the petitioner for its tardiness....
Promulgated on 2004-11-08

685. CA GR CV 77589: METROPOLITAN BANK, vs. DOMINIQUE PERFECTO, et al
An action for Sum of Money was filed by plaintiff-appellee Metropolitan Bank and Trust Company (MBTC for brevity) against defendant-appellant Dominique Perfecto (Perfecto for brevity) before the Regional Trial Court of Makati City, Branch 59....
Promulgated on 2004-11-08

686. CA GR CV 61083: Starlube Corporation vs. Subic Bay, et al
Before the Court is an appeal from the Order dated August 26, 1998 of Branch 148, Regional Trial Court, Makati City in Civil Case No. 98-1092 which granted the motions to dismiss separately filed by...
Promulgated on 2004-11-08

687. CA GR CV 75501: FERTIPHIL Corp. vs Planters Prod. Inc. et al.
We have assiduously perused the ratiocinations and arguments in defendant-appellant's Motion For Reconsideration as well as those contained in the plaintiff-appellee's Comment thereon of the defendant-appellant and found the motion offering no compelli...
Promulgated on 2004-11-08

688. CA GR SP 80698: Arceli Arellano, vs. SSS et al
Appeal by way of petition for review from the decision of the Employees Compensation Commission dated October 28, 2003 in ECC Case No. SM-15052- 0627-02, which affirmed the judgment of the Social Security System, denying herein petitioner Arceli R. Arel...
Promulgated on 2004-11-08

689. CA GR CV 79115: Norberto Reyes et al., vs. AMA Transit, et al
A vehicular accident occurred on February 11, 1996 at about 3:30 a.m. along Maharlika Highway, Brgy. San Antonio II, San Pablo City, between a passenger bus with plate no. NYM-733 owned by AMA Transit, Inc. and driven by Hilario...
Promulgated on 2004-11-08

690. CA GR SP 78148: Cesar Mendoza vs. Quezon Coconut Producers
Petitioner Cesar Mendoza, having been constituted as attorney-in-fact of Bolmark Realty and Development Corporation, obtained a loan from Quezon Coconut Producers Savings and Loan Association in the amount of Three Million (P3,000,000.00) Pesos. As sec...
Promulgated on 2004-11-08

691. CA GR CV 74718: Gina Abad, vs. William Arimbuyutan
For failure of the defendant-appellant to file his appellant?s brief within the reglementary period despite notice, the appeal is declared ABANDONED and hereby DISMISSED pursuant to Section 1(e), Rule 50 of the 1997 Rules of Civil Procedure....
Promulgated on 2004-11-08

692. CA GR SP 86292: Anacleto Cejero vs. Melanio Cu
The petition for review faces outright dismissal for deficiency in form and substance....
Promulgated on 2004-11-08

693. CA GR SP 86241: Coca-cola Bottlers Phil., Inc. vs. NLRC, et al.
Assailed in this petition for certiorari with prayer for the issuance of a temporary restraining order and/or writ of injunction is the Decision2 dated April 30, 1999 issued by public respondent National Labor Relations Commission, First Division in NLRC...
Promulgated on 2004-11-08

694. CA GR CV 81689: Francisco Lejano, et al vs. Lufthansa German Airlines
Before this Court is a joint manifestation and withdrawal of appeal filed by the parties through their respective counsels on 22 October 2004. The parties manifest that they have agreed on the amicable settlement of all their claims, counterclaims, and...
Promulgated on 2004-11-08

695. CA GR CV 68984: Natividad V. Salvador Vda. de Medrano, et al. vs. Fructuoso San Pascual, et al.
Before Us is an appeal interposed by plaintiffs-appelllees-appellants from the Decision dated June 26, 2000 of the Regional Trial Court of Naga City, Branch 21, in Civil Case No. RTC 90-2216,...
Promulgated on 2004-11-08

696. CA GR CV 69943: Hermosa Savings vs. Small Business Guarantee
Before this Court is a Motion filed by defendant-appellant seeking the reconsideration of the Decision dated July 31, 2003 rendered by this Court s Thirteenth Division....
Promulgated on 2004-11-08

697. CA GR CV 81926: Leonida Daloos vs. Pedro Agcanang
Considering the Judicial Records Division (JRD) Report dated September 17, 2004 that counsel for plaintiff-appellee failed to comply with this Court?s Resolution dated July 20, 2004, a copy of which he received on July 26, 2004....
Promulgated on 2004-11-08

698. CA GR SP 63972: Dizon vs. Board of Medicine, et al
Dr. Andrelita T. Dizon, the petitioner, is a registered physician of the Ospital ng Maynila who was administratively charged by her patient, Ana Jose, before the Board of Medicine under the Professional Regulation Commission....
Promulgated on 2004-11-08

699. CA GR SP 84572: Maximiano Casupanan, et al vs. Heirs of Buenaventura Tanhueco
For resolution is the petitioners Motion for Reconsideration (With Motion for Additional Period of Time to Submit Compliance) praying that the September 22, 2004 resolution of this Court be set aside and a new one be issued granting petitioners a final ad...
Promulgated on 2004-11-08

700. CA GR SP UDK 5019: Antigo vs. SSS, et al
Considering petitioners allegations in his motion for reconsideration of this Court s Resolution dated 11 August 20042 dismissing the petition for review, this Court, in the higher interest of substantial justice, resolved to grant the motion for reconsi...
Promulgated on 2004-11-08

701. CA GR SP 86955: Sps. Mario Monsalve vs. Hon. Dumayas, et al
Before Us is a Petition for Certiorari with an Application for a Temporary Restraining Order filed by petitioners on October 15, 2004....
Promulgated on 2004-11-08

702. CA GR CV 67736: Sps. Roberto Viaje, et al vs. Universal Robina Corp.
Finding no new matter of substance that would warrant a modification and/or reversal of the July 30, 2004 decision,1 the Motion for Reconsideration filed by plaintiffs-appellants is hereby DENIED for lack of merit....
Promulgated on 2004-11-08

703. CA GR SP 79541: Cabusas vs. Gasatan
Finding no new matter of substance that would warrant a modification and/or reversal of the July 23, 2004 decision, the Motion for Reconsideration filed by the petitioner is hereby DENIED for lack of merit....
Promulgated on 2004-11-08

704. CA GR SP 79480: Dongsung Construction 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 of public respondent National Labor Relations Commission in NLRC CA No. 034546-03 dated June 30, 2003 w...
Promulgated on 2004-11-05

705. CA GR CV 77401: Gil E. Maderazo vs. RP
Before Us is an appeal from the decision of the Municipal Trial Court, Fourth Judicial Region, Province of Batangas, rendered in LRC Case No. N-0011 entitled In Re: Application for Registration of Title, Gil E. Maderazo, Applicant....
Promulgated on 2004-11-05

706. CA GR SP 80777: Police Director Gen. Hermogenes E. Ebdane, Jr., et al. vs. Hon. Vivencio S. Baclig, et al.
Sought to be nullified in this petition for certiorari under Rule 65 of the 1997 Rules of Civil Procedure are the Orders dated May 21, 2003, June 10, 2003, June 12, 2003 and September 23, 2003, of the Regional Trial Court of Quezon City, Branch 77, in...
Promulgated on 2004-11-05

707. CA GR SP 81226: Premier Dev. Bank vs. Hon. Judge Maria Cancino Erum, et al.
Before Us for resolution is a motion for reconsideration filed by herein private respondents, seeking reconsideration of Our August 20, 2004 Decision which gave due course to the petition....
Promulgated on 2004-11-05

708. CA GR SP 80525: Sps. Oliveros, et al. vs. The Hon. Presiding Judge, RTC-Br. 24, Binan, Laguna, et al.
Before Us is a Motion for Reconsideration of Our August 23, 2004 Decision which denied due course and dismissed the petition on the grounds stated therein....
Promulgated on 2004-11-05

709. CA GR SP 84155: University of the East, vs. NLRC, et al
The present petition was filed pursuant to Rule 65 of the Rules of Court to question the execution aspect of the decision of the National Labor Relations Commission (NLRC) in the underlying labor dispute between petitioner University of the East (UE) and...
Promulgated on 2004-11-05

710. CA GR CV 58317: Cuna/Acosta & Co., vs. Emerald Sales
Finding the Joint Motion to Dismiss filed by the plaintiff-appellee and defendant-appellant duly assisted by their respective counsels to be in order and not contrary to law, public policy and public order, the instant appeal is...
Promulgated on 2004-11-05

711. CA GR SP 76377: Jose Oriel Magno et al vs. Hon. Edwin Sorongon et al
Before Us is a Petition for Certiorari in accordance with Rule 65 of the 1997 Rules of Civil Procedure, seeking to annul and set aside, on ground of grave abuse of discretion, the Order dated August 14, 2002 of the Regional Trial Court, Branch 214, of Man...
Promulgated on 2004-11-05

712. CA GR CR 26845: People vs. Alejandro Pamplona y Sorsan
On appeal is the Decision dated May 7, 2002 of the Regional Trial Court (RTC) of Pasig City, Branch 68, in Criminal Case Nos. 113931-32, finding the accused-appellant Alejandro Pamplona guilty beyond reasonable doubt of the crimes of violation of Presiden...
Promulgated on 2004-11-05

713. CA GR SP 75759: MARLON V. RUFO, vs. HON. ANTONIO J. FINEZA, et al
In a criminal case for Bigamy filed against herein private respondent CARMELITA RUFO [CARMELITA] before the Regional Trial Court of Caloocan City, Branch 131, an Order dated 16 December 2002 was issued by public respondent PRESIDING JUDGE ANTONIO J. FI...
Promulgated on 2004-11-05

714. CA GR SP 80181: Ricardo Sison vs. Jacqueline O. Petalio
Before us is a petition filed under Section 1 of Rule 45 of the Revised Rules of Court in consonance with Section 27 of the Ombudsman Act of 1989 (Republic Act 6770, as amended). The petitioner maintains that Under the principle of Hierarchy of Courts, ...
Promulgated on 2004-11-05

715. CA GR CV 73930: Corazon Llanes, vs. Sps. Ramon Ricafort, et al
These are twin appeals from the Decision, dated April 30, 2001, of the Regional Trial Court (RTC) of Quezon City, Branch 104, rendered in Civil Case No. Q-96-28850, posed by plaintiff-appellant Corazon C. Llanes and defendants-appellants spouses Ramon,...
Promulgated on 2004-11-05

716. CA GR CV 78713: Ma. Theresa Aguilus vs. Jenniver Aguiluz
In the higher interest of substantial justice, plaintiff-appellee s Motion for Reconsideration1 dated October 12, 2004 of this Court s Resolution dated September 28, 2004 is hereby GRANTED. Accordingly, the said Resolution is RECALLED and SET ASIDE. Pl...
Promulgated on 2004-11-05

717. CA GR CV 64329: Cynthia Crescini vs. Renato Bagalawis, et al
Before this Court is an appeal filed by the Office of the Solicitor General seeking to annul the decision of Branch 88, Regional Trial Court of Cavite City in Civil Case No. N-6549....
Promulgated on 2004-11-05

718. CA GR CV 75564: Hilario Dagos vs. Royal Cargo Corp.
Before this Court are two (2) appeals filed by both contending parties questioning the August 29, 2001 Decision (Rollo, pp. 41-45; 94-98) of the Regional Trial Court of Manila, Branch 15, the dispositive portion of which reads as follows:...
Promulgated on 2004-11-05

719. CA GR SP 74497: Marcelo Rosendo et al vs. Maximo Torres, et al
In this Petition for Review under Rule 43 of the 1997 Revised Rules of Civil Procedure, petitioners Marcelo Rosendo and Alfredo Rosendo seek the reversal of the Decision dated 15 January 2001 of the Department of Agrarian Reform Adjudication Board, as wel...
Promulgated on 2004-11-05

720. CA GR SP 73739: Virginia Nolasco, et al vs. Hon. Sunga, et al
Before the Court is a petition for certiorari under Rule 65, 1997Rules of Civil Procedure seeking to nullify the (i) Order4 dated June 17, 2002 in Civil Case No. 12398 of Branch 42, Regional Trial Court, San Fernando, Pampanga, dismissing the complaint fo...
Promulgated on 2004-11-05

721. CA GR CV 76633: Roger Marquez et al vs. Rogelyn Cadiz, et al
This is an appeal from the Decision dated September 5, 2002 of the Regional Trial Court, Branch 27, of Bayombong, Nueva Vizcaya, which disposed the following consolidated cases namely: (1) Civil Case No. 6403 entitled Roger and Clarita Marquez, plaintiff...
Promulgated on 2004-11-05

722. CA GR CV 64106: Mario King vs. Republic of the Philippines
This pertains to the intervenor-apellant s motion for reconsideration filed on July 19, 2004, seeking for the reconsideration of the Resolution dated June 23, 2004, the decretal text of which reads: WHEREFORE, the decision of October 26, 2001 is hereby v...
Promulgated on 2004-11-05

723. CA GR SP 74109: Capital Guard/ExcelGuard Security, et al. vs. NLRC, et al.
This is a Petition for Certiorari under Rule 65 of the 1997 Rules of Civil Procedure which seeks to set aside and reverse the September 28, 2001 Decision of the National Labor Relations Commission (First Division) and its July 22, 2002 Order in NLRC NCR...
Promulgated on 2004-11-05

724. CA GR SP 81653: Salustiano Marasigan vs. Cecilio Sacmar
Before Us, for resolution is a Petition for Review (dated January 31, 2004) filed by the herein petitioners (pages 07-21 of the Rollo), on the Decision of the Department of Agrarian Reform Adjudication Board--Central Office, Elliptical Road, Diliman, Q...
Promulgated on 2004-11-05

725. CA GR SP 69541: Nazario Castillo, et al., vs. Eduardo Acido, et al
This pertains to the petitioners motion for reconsideration filed through counsel on 05 June 2003, seeking for the reconsideration of the Decision dated 30 April 2003, the decretal portion of which reads:...
Promulgated on 2004-11-05

726. CA GR CV 71305: PINKY C. AGLUBAT, vs. Republic, et al
This is an appeal taken by the Republic of the Philippines (hereafter the Republic for brevity) in the suit styled to be for Annulment of Marriage filed by Pinky C. Aglubat (or Aglubat) against Francis V. Guiang (or Guiang). The complaint is in fact one f...
Promulgated on 2004-11-05

727. CA GR CV 79567: Mariquit N. Manuel vs. Zardi Melito Abellera
Before Us on appeal is a decision (dated March 21, 2003) of the Regional Trial Court (Branch 106) in Quezon City, in Civil Case No. Q-01-45828 (declaration of nullity of marriage)....
Promulgated on 2004-11-05

728. CA GR CV 77163: A & O Shipping, et al vs. Transpacific Towage, et al
Finding no new matter of substance that would warrant the modification much less the reversal of the July 19, 2004 decision of this Court, the Motion for Reconsideration with Manifestation...
Promulgated on 2004-11-05

729. CA GR CV 68094: Metropolitan Bank vs. Sps. Reynaldo & Rosario Rivera
Sometime in 1996, oppositors-appellants obtained a loan amounting to P1,591.991.32 from petitioner-appellee Metropolitan Bank and Trust Co.....
Promulgated on 2004-11-05

730. CA GR CV 78642: Sps. Brilly Bernanrdez vs. Aurea Paredes vda. de Pascual, et al
Finding no substantial matter raised in the plaintiffsappellants Motion for Reconsideration of the Decision dated September 7, 2004 to warrant the reversal or modification of the said decision, the Motion for Reconsideration is hereby DENIED....
Promulgated on 2004-11-05

731. CA GR CV 78777: Philip Santos, et al., vs. Linco, et al
Considering plaintiffs-appellants withdrawal of appeal dated June 14, 2004 stating that they are no longer interested in prosecuting/pursuing this appeal, the present case is considered closed and terminated. (Section 3, Rule 50, 1997 Rules of Civil...
Promulgated on 2004-11-04

732. CA GR CV 80804: Pathland Development Corp., vs. Republic of the Philippines
Considering that the Office of the Solicitor General has already been granted a total extension of 120 days (or until October 5, 2004) within which to file appellant's brief, with warning that no further extension shall be granted (per Resolution dated...
Promulgated on 2004-11-04

733. CA GR SP 86686: Priscilla Morta vs. Purificacion Liwanag, et al
For failure to submit a certification against forum shopping as required under Sec. 5, Rule 7 and 2nd par. Of Sec. 2, Rule 42 of the 1997 Rules of Civil Procedure. WHEREFORE, this petition for review is DISMISSED....
Promulgated on 2004-11-04

734. CA GR CV 63859: Virginia Parcon vs. Tarcela Belasa, et al
The plaintiff in this case, Virginia Parcon, has filed a complaint against her sister, the defendant Tarcila Belasa, for the reconveyance of a parcel of land that she transferred to her sister after it was awarded to her by the National Housing Authority....
Promulgated on 2004-11-04

735. CA GR CV 76442: Sps. Ronquillo vs. RP
Before the court is an appeal from the decision dated August 23, 2002 of the Municipal Trial Court of Taytay, Rizal granting the application and confirmation of title under the Property Registration Decree (P.D. 1529) applied by Sps. Rolando and Amelita...
Promulgated on 2004-11-04

736. CA GR SP 87105: Romasan Development vs. Mines Adjudicaton Board
The petitioner has filed a motion for extension of time to file a Petition for Certiorari on the 60th day from August 27, 2004, which was the date it received the decision of the Mines Adjudication Board. Decisions of the MAB are appealable to the Court o...
Promulgated on 2004-11-04

737. CA GR CV 80981: Natalio Perez, vs. Genario Paguntalan, et al
The instant Appeal is DISMISSED for failure of plaintiffappellant to file the required brief despite the extended period he sought....
Promulgated on 2004-11-04

738. CA GR SP 58980: EMPIRE EAST LAND HOLDINGS, vs. CAPITOL INDUSTRIAL
On appeal before Us, under Rule 43 of the Rules of Court, is the Decision, dated 16 May 2000, of the Construction Industry Arbitration Commission Arbitral Tribunal disposing as follows:...
Promulgated on 2004-11-03

739. CA GR SP 65210: The Commissioner vs. Starpack (Philippines) Corp.
This pertains to the Motion for Reconsideration with Comment Ad Cautelam filed by herein respondent on May 21, 2002, seeking for the reconsideration of our resolution dated April 26, 2002 abrogating our prior order of dismissal of the instant petition for...
Promulgated on 2004-11-03

740. CA GR SP 77091: Luvisminda Carrillo Galache, et al. vs. Rufino Panto
This is an appeal by way of a petition for review under Rule 43 of the 1997 Rules of Civil Procedure, as amended, which seeks to nullify and set aside the decision dated May 25, 2001, and the resolution dated March 17, 2003 denying the petitioners? mot...
Promulgated on 2004-11-03

741. CA GR SP 84558: Trinity College of Q.C., et al. vs. NLRC, et al.
This is a Petition for Certiorari with prayer for the issuance of a temporary restraining order and writ of preliminary injunction over respondent NLRC?s:...
Promulgated on 2004-11-03

742. CA GR SP 77361: Amarille Dominos Hospital vs. Phil. Health Insurance
Before the Court is a petition for review of the (i) Decision dated February 7, 2003 of respondent Philippine Health Insurance Corporation (PHIC), affirming the Decision dated September 26, 2002 of the Health Insurance Arbiter, PHIC in PHIC Case No. HCPCR...
Promulgated on 2004-11-03

743. CA GR SP 62760: Romeo Liggayu vs. Aniano Desierto, et al
This is a petition for certiorari filed by an official of the Philippine Charity Sweepstakes Office to annul orders of the Ombudsman placing him under a 6-month preventive suspension and directing him to submit his answer to the administrative charge ag...
Promulgated on 2004-11-03

744. CA GR SP 86931: Fadcor In., vs. Regional Trial Court of San Mateo Rizal, et al
The Petition for Certiorari and Prohibition dated 30 September 2004, is outrightly DISMISSED for failure of petitioner company to submit the required board resolution authorizing the signatory of the verification and certification, to file said petitio...
Promulgated on 2004-11-03

745. CA GR SP 86600: Diosdado Tingson vs. Hon. Secretary of Labor, et al
At hand is a petition for certiorari assailing the Orders dated November 6, 2003 and July19, 2004 of the Acting Secretary of Labor and Employment (Annexes A and B of the petition, pp. 28 & 32, rollo) ....
Promulgated on 2004-11-03

746. CA GR SP 83971: Alice Villanueva, vs. Hon. Arsenio Adriano, et al
This pertains to the Motion for Leave to File and for Admission of Comments to Petition for Certiorari filed by private respondent through counsel on 10 August 2004....
Promulgated on 2004-11-03

747. CA GR SP 87098: IBP Chapter Presidents' Congress, Inc. vs. IBP
The instant petition for review is procedurally flawed in view of the following: 1. The petition is not accompanied by certified true copies of such material portion of the record and other supporting papers, such as: a. The Letter/Petition of the Int...
Promulgated on 2004-11-03

748. CA GR SP 74218: Sps. Manolito Bonus vs. Judge Ma. Nena Santos, et al
Before us is a petition for certiorari to annul and set aside the 1) Order dated August 22, 1997 of the Regional Trial Court of Valenzuela City, Branch 171, dismissing Civil Case No. 246-V-00 for Annulment of Foreclosure of Mortgage with Damages, and its...
Promulgated on 2004-11-02

749. CA GR CR 27999: Constantino Penaranda vs. People
This is a petition for review under Rule 42 of the 1997 Rules of Civil Procedure, as amended, assailing (i) the Order dated December 3, 2003, denying the Motion for Reconsideration filed by Constantino L. Penaranda (hereafter petitioner) and Elvisa Y. Pad...
Promulgated on 2004-11-02

750. CA GR SP 72417: Luis Chiko, et al vs. NLRC, et al
Before us is a Petition for Certiorari under Rule 65 of the 1997 Rules of Civil Procedure seeking to annul the Resolution dated 1 April 2002 that was rendered by public respondent National Labor Relations Commission (NLRC) in NLRC CA Case No. 028613-01, e...
Promulgated on 2004-11-02

751. CA GR CV 74681: Greenlake Agricultural Corp., vs. Republic of the Philippines
The Republic assails in this appeal the Decision dated January 28, 2002 rendered by the Municipal Trial Court in Cities of Lipa City in Land Registration Case No. 99-010 LRC Record No.N-71670, the dispositive portion of which reads:...
Promulgated on 2004-11-02

752. CA GR SP 83777: Cielo Custodio et al vs. Hon. Cornejo, 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 22, 2003 and (b) February 27, 2004 issued by Hon. Maria Cristina J. Cornejo (hereafter respondent judge) o...
Promulgated on 2004-11-02

753. CA GR CV 47421: DULOS REALTY, et al vs. COMMERCIAL CREDIT Corp., et al
Before this court is an appeal which seeks to reverse and set aside the decision of the Regional Trial Court, Branch 65 of Makati in Civil Case No. 88-2599....
Promulgated on 2004-11-02

754. CA GR SP 78791: Rapid Manpower vs. NLRC, et al
In this Petition for Certiorari under Rule 65 of the Rules of Court, petitioner assails the 30 April 2003 Decision of the National Labor Relations Commission (NLRC) in NLRC NCR CA No. 032697-02 and the 30 June 2003 Resolution denying petitioner s Motion...
Promulgated on 2004-11-02

755. CA GR CV 69211: Felician Trinida et al vs. Honesto Santos, et al
Before Us is a motion for reconsideration filed by plaintiff-appellants on 08 September 2003, seeking for the reconsideration of the Decision dated 31 July 2003, the text of which reads: WHEREFORE, premises considered, the instant appeal is hereby DE...
Promulgated on 2004-11-02

756. CA GR SP 86987: Eduardo Calderon vs. Hon. Francisco Querubin, et al
The instant Petition for Certiorari dated 12 October 2004, is outrightly DISMISSED at least on two (2) grounds: (1) failure of petitioners to submit the Order dated 24 September 2004, and (2) the certification of non-forum shopping was signed by only one...
Promulgated on 2004-11-02

757. CA GR CV 79151: Philippine Savings Bank vs. Tan
The nature of a writ of possession in extrajudicial foreclosure proceedings under Act No. 3135, as amended, is again brought to the fore in this appeal of the following issuances of Branch 200 of the Regional Trial Court (RTC) of Las Pinas City, in LRC Ca...
Promulgated on 2004-11-02

758. CA GR CV 70481: Maricel Villanueva vs. Sps. Emerito Lavastida, et al
On Appeal by defendant Allied Banking Corporation (Allied Bank) is the decision dated 6 October 2000, of Branch 26 of the Regional Trial Court of Santa Cruz, Laguna in Civil Case No. SC- 3703, the dispositive portion of which reads:...
Promulgated on 2004-11-02

759. CA GR CV 57490: Aneco Realty vs. Landex Development Corp.
This refers to the plaintiff-appellant s motion for reconsideration filed on 24 April 2003, seeking for the reconsideration of the Decision dated March 31, 2003, the text of which reads:...
Promulgated on 2004-11-02

760. CA GR CV 61108: Herminio Reyes vs. Benjamin Serrano, et al
This refers to the plaintiff-appellant s motion for reconsideration filed on 25 June 2003, seeking for the reconsideration of the Decision dated May 29, 2003, the text of which reads: WHEREFORE, foregoing premises considered, the appeal is dismissed and...
Promulgated on 2004-11-02

761. CA GR SP 75350: Bank of Philippine IslandsI vs. Hon. Romeo Barza, et al
The instant petition for certiorari assails the Orders dated August 26, 2002 and November 13, 2002 of the Regional Trial Court of Makati City, Branch 61, dismissing Civil Case No. 02-117 and denying a reconsideration thereof, respectively....
Promulgated on 2004-11-02

762. CA GR CV 79201: Grace Printing Press et al vs. Star Paper Corp.
This is an appeal from the decision of the Regional Trial Court, Branch 82, Quezon City in Civil Case No.Q-03-48688. Under Rule 42 of the 1997 Rules of Civil Procedure, as amended, the Court will treat this as a petition for review because this is an appe...
Promulgated on 2004-11-02

763. CA GR SP 72716: Phil. Merchant Marine School vs. NLRC, et al
Before us is a Petition for Certiorari under Rule 65 of the 1997 Rules of Civil Procedure seeking to annul the Resolution dated 16 October 2001 that was rendered by public respondent National Labor Relations Commission (NLRC) in NLRC CA Case No. 024512-00...
Promulgated on 2004-11-02




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