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Promulgated Decisions and Resolutions
for December, 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 CR 00363: People vs Lovinia Santero y Ronquillo
This is an appeal from the Decision1 dated May 9, 2002 of the Regional Trial Court, Branch 95, Quezon City in Criminal Case No. Q-99-87601 entitled "People of the Philippines vs. Lovinia Santero y Ronquillo a.k.a. Malou Padilla for Violation of Section 15...
Promulgated on 2004-12-29

2. CA GR CV 70753: Barangay 856 et al., vs. ENGR. MAGDIWANG RECATO, et al
If one travels the length of President Quirino Avenue in Manila, he will probably not fail to notice the long line of planter boxes with ornamental plants at the center island and both sides of the thoroughfare. These decorative structures placed on chose...
Promulgated on 2004-12-29

3. CA GR CV 76059: Elizabeth Navarro vs. Viola Gomez Adanga, et al
Appeal from the decision of the Regional Trial Court of Baguio City, Benguet-Branch , dismissing Civil Case No. 4796-R for Prohibition, Mandamus, Recovery of Possession and Quieting of Title. The dispositive portion of the decision reads:...
Promulgated on 2004-12-29

4. CA GR SP 79444: Guillermo Taytayon, et al vs. Honorio Malolos
This appeal by petition for review seeks to overturn and set aside (1) The Decision of the Legal Affairs, Office of the President, dated May 14, 2003, dismissing petitioners appeal for lack of merit; and (2) The Order dated August 20, 2003 which denied...
Promulgated on 2004-12-29

5. CA GR SP 82359: Jose Icaro, et al vs. Esteban Azuela
This Appeal by petition for review seeks the reversal of the decisions in:...
Promulgated on 2004-12-29

6. CA GR SP 87768: James Shih vs. Tong Hong Chung, et al
This is a petition filed under Rule 47 of the Rules of Court to annul two orders issued by the RTC of Manila, Branch 49 in civil case 01-101260. These assailed orders are:...
Promulgated on 2004-12-29

7. CA GR SP 76405: DANNY SANTARINA, et al vs. Susana Pangandian et al
Are venue and jurisdiction equivalent concepts in procedure such that from the fact that venue was improperly laid, it would follow that the court with which the action was filed would necessarily lack jurisdiction? This is the question that the petitione...
Promulgated on 2004-12-29

8. CA GR CR 24656: People vs. Teofilo Zuniga, Jr
Accused-appellant Teofilo Zuniga, Jr. was charged before the Regional Trial Court, Branch 17, Malolos, Bulacan with the crime of estafa in an Information, which reads:...
Promulgated on 2004-12-29

9. CA GR CR 26040: People vs. Alejandro Insom
This is an appeal from the decision of the Regional Trial Court, Branch 73, Malabon, Metro Manila, the dispositive portion of which reads:...
Promulgated on 2004-12-29

10. CA GR SP 84332: Elnora Roque vs. Hon. Rosa Reyes, et al
Assailed in this petition for certiorari, as tainted with grave abuse of discretion amounting to lack or excess of jurisdiction, are: (1) The Order dated November 3, 2003 of Her Honor Rosa C. Reyes, Presiding Judge of the Regional Trial Court of Malabo...
Promulgated on 2004-12-29

11. CA GR CR 27001: People vs. Max Factor, Jr.
Charged with homicide in Criminal Case No. 6698-13 before Branch 13 of the Regional Trial Court of Laoag City for the slaying of one Jonathan Abella and found guilty thereof with the aggravating circumstances of evident premeditation and abuse of superior...
Promulgated on 2004-12-29

12. CA GR CV 61788: E.M. Ramos & Co., et al vs. Rogerio Escobal
Before us is a motion for the reconsideration of our Decision dated August 25, 2003, the dispositive portion of which reads:...
Promulgated on 2004-12-29

13. CA GR CV 80296: Maureen Soong vs. Republic of the Philippines
The applicant-appellee Maureen C. Soong, with the assistance of counsel, filed this motion to withdraw her petition for judicial confirmation of imperfect title filed with MCTC of Alfonso-General Aguinaldo, Cavite, docketed as Land Registration Case 38-98...
Promulgated on 2004-12-29

14. CA GR SP 72398: Henry Ng v. Hon. Edmundo Acuna, et al
UP for Our review is the judgment of the Regional Trial Court (RTC), which affirmed that of the Municipal Trial Court (MTC) in an unlawful detainer case....
Promulgated on 2004-12-29

15. CA GR SP 66186: Alfredo Pascual vs. National Spiritual Assembly, et al
Before this Court is a petition for certiorari under Rule 65 of the Rules of Court which seeks to annul and set aside the Order2 dated June 20, 2001 issued by the Regional Trial Court (RTC) of Santiago City, Branch 36 for having been rendered with grave a...
Promulgated on 2004-12-29

16. CA GR SP 57671: Compressed Air Machineries, et al vs. Hon. Celso lavina, et al
Before this Court is a petition for certiorari and prohibition with prayer for the issuance of a writ of preliminary injunction and/or temporary restraining order under Rule 65 of the Rules of Court which seeks to set aside the Order of the Regional Tr...
Promulgated on 2004-12-29

17. CA GR SP 87764: Sumimoto Corp., vs. Digital Crossing, Inc.
Before Us is a Petition for Review which seeks to annul and set aside the Order dated November 15, 2004 of the Construction Industry Arbitration Commission (CIAC) in CIAC CASE No. 27-2003 denying petitioner s motion for execution....
Promulgated on 2004-12-29

18. CA GR CV 75760: Jovita San Juan Santos vs. Cecilio Hernandez, et al
The propriety of the award of guardianship in favor of the petitioner over the person and properties of Ma. Lourdes San Juan Hernandez is the main issue in this appeal of the decision dated September 5, 2001 of Branch 76 of the Regional Trial Court (RTC...
Promulgated on 2004-12-29

19. CA GR SP 56020: July Atienza vs. Hon. Josefina Ceballos, et al
Petitioner filed this petition for certiorari and mandamus with prayer for temporary restraining order and/or injunction under Rule 65 of the Rules of Court seeking to annul and set aside the Order of the Regional Trial Court (RTC) of Capas, Tarlac, Br...
Promulgated on 2004-12-29

20. CA GR SP 82167: Labaire International Travel vs. Emmelou Buan, et al.
This is a petition for certiorari with prayer for the issuance of a temporary restraining order (TRO) and/or writ of preliminary injunction, assailing the decision of the public respondent Regional Director dated January 23, 2004, in Case No. NCR00-LSED-0...
Promulgated on 2004-12-29

21. CA GR CV 60533: Rene G. Fuentebella, et al vs. Sps. Romeo Bombon, et al
On appeal is the Decision dated 27 January 1998 rendered by Branch 18, Regional Trial Court (RTC) of Tabaco, Albay in Civil Case No. T-1830, which decreed:...
Promulgated on 2004-12-29

22. CA GR SP 74429: Philippine Plaza Hotel vs. NLRC, et al
Petitioner seeks succor from Us in this Petition for Certiorari under Rule 65 of the Revised Rules of Civil Procedure to annul the Resolutions of 25 September 2002 and 30 July 2001, in case docketed as NLRC Case No. RB IV-12798-77; RO4-3-3334-77-T of th...
Promulgated on 2004-12-29

23. CA GR SP 77240: Conrado Quiban vs. Employees Compensation Commission, et al
Petitioner CONRADO G. QUIBAN [QUIBAN], a former employee of Var-Orient Shipping Co., Inc.1 [the vessel], filed a claim for compensation benefits under Presidential Decree No. 626, as amended, with respondent SOCIAL SECURITY SYSTEM [SSS] for the cerebrovas...
Promulgated on 2004-12-29

24. CA GR CR 00250: Peolpe vs Alfredo Bon
These cases, supposed to be on automatic review before the Supreme Court on account of the penalty imposed, are before Us for appropriate action and disposition pursuant to the Court's en banc Resolution (A.M. No.00-5-03-SC) dated September 28, 2004....
Promulgated on 2004-12-29

25. CA GR CR 27521: People vs Juanito Damayo y Palumbarit
This is an appeal from the decision dated March 13, 2003 of the Regional Trial Court, Branch 26, Santa Cruz, Laguna in Criminal Case No.SC-7622 entitled People of the Philippines vs. SPO4 Juanito Damayo y Palumbarit for Violation of Section 3(e), Republic...
Promulgated on 2004-12-29

26. CA GR CV 80420: Leandro Romilla vs Rep. of the Phils.
The Republic of the Philippines, through the Office of the Solicitor General, seeks a reversal of the August 29, 2003 Decision of the Regional Trial Court of Naic, Cavite, Branch 15, in Land Registration Case No. NC-2001-1186, granting the application of...
Promulgated on 2004-12-29

27. CA GR CV 66177: Ma. Lourdes Espinosa vs. Republic
At the core of this controversy are these queries: Is the submission of the tracing cloth plan in an application for the original registration of title over a parcel of land a jurisdictional requirement? How may the applicant prove registrable title over...
Promulgated on 2004-12-29

28. CA GR SP 83999: Santiago Paragas III vs Hon. Crispin C. Laron et.al.,
This is a Petition for Certiorari which seeks to nullify and set aside the Order dated January 19, 2004 of the respondent court in Criminal Case No. 99-03167-D denying petitioner's Application for Probation.Also assailed in this petition is the Order date...
Promulgated on 2004-12-29

29. CA GR CV 68785: Sps. Aurelio Mones, vs. Angelito Trinidad, et al
This is an appeal from the Order dated 27 July 2000 of the Regional Trial Court of Caloocan City, Branch 131, dismissing the complaint in Civil Case No. C-18992 for failure to prosecute....
Promulgated on 2004-12-29

30. CA GR CV 77906: Sps. Mariano & Aurora Chan vs. Republic of the Philippines
Before us is an appeal by the oppositor-appellant, Republic of the Philippines, from the decision dated October 24, 2002 of the Municipal Trial Court (MTC) of Bauang, La Union, in LRC Case No. 68MTC BGLU, which granted the applicants application for regi...
Promulgated on 2004-12-29

31. CA GR SP 82801: Sosan Industries, Inc. vs. Samahan ng mga Manggagawa sa Sosan Industries, Inc.-SUPER
Before us is a petition for review under Rule 43 of the Revised Rules of Court challenging the Decision1 dated November 3, 2003 and Resolution2 dated December 5, 2003 of the Voluntary Arbitrator - Bernardino Volante ? in NCMB-PMNCR-09-304-02....
Promulgated on 2004-12-29

32. CA GR SP 69503: Benguet Management Corp., vs. Hon. Zorayda Salcedo, et al
This petition for CERTIORARI and PROHIBITION with prayer for a TEMPORARY RESTRAINING ORDER and/or WRIT OF PRELIMINARY INJUNCTION was filed by petitioner Benguet Management Corporation, imputing grave abuse of discretion against Judge Zorayda Herradura-Sa...
Promulgated on 2004-12-29

33. CA GR CV 62806: Renato & Filipina Cuyco vs. Basilisa & Chando Romero
This is an Appeal from the Decision1 of the Regional Trial Court (RTC) of Bacoor, Cavite, Branch 89 dated October 07, 1998, in Civil Case No. BCV 96-98, for Foreclosure of Mortgage entitled Renato Cuyco and Filipina Cuyco, plaintiffs (plaintiffs-appellant...
Promulgated on 2004-12-29

34. CA GR SP 83477: Sps. Leah D. Angat & Andy A. Pasion, Jr. vs. Hon. Ylagan, et al.
Before Us is a Petition for Certiorari, Mandamus and Injunction under Rule 65 and 58 of the Revised Rules of Court seeking to (a) annul, reverse and set aside the Order dated March 11, 2004 denying the Notice of Appeal and Order dated April 16, 2003 de...
Promulgated on 2004-12-28

35. CA GR CV 71555: Evelyn Garcia Sandoval vs. Romeo J. Sandoval; RP
Before us on appeal is the decision of the Regional Trial Court, Branch 69 of Pasig City in JRDC Case No. 4466 involving a petition for declaration of nullity of marriage under Article 36 of the Family Code filed by petitioner Evelyn Garcia Sandoval again...
Promulgated on 2004-12-28

36. CA GR CV 68679: Herschel Asuten, et al. vs. Ramiro Bacuyang
On appeal to Us by defendant is the decision of the Regional Trial Court, Branch 07 of Aparri, Cagayan in Civil Case No. 07-306 for recovery of damages arising from quasi-delict with preliminary attachment....
Promulgated on 2004-12-28

37. CA GR SP 79478: Veronica Gonzalez vs. Dr. Victorio Bagwisa, et al
Before this Court is a Petition for Prohibition under Rule 65 of the 1997 Rules of Court filed by petitioner Veronica R. Gonzalez seeking to enjoin respondents from issuing emancipation patents (EP, for short) over the subject property located at Sta. Bar...
Promulgated on 2004-12-28

38. CA GR SP 47368: ULYSSES C. HERNAEZ, vs. Catalina Gabay, et al
The focus of our inquiry is the validity of a waiver of rights executed by a farmer beneficiary of a landholding that has been placed under the land transfer program of the government. At the time the waiver was made, the petitioner was already in actual...
Promulgated on 2004-12-28

39. CA GR SP 74025: Goldstar Elevator vs. Hon. Ignacio Capulong, et al
Assailed in this petition for certiorari, as tainted with grave abuse of discretion amounting to lack or excess of jurisdiction, are: (1) The Order dated April 2, 2002 of the Hon. Ignacio M. Capulong, Presiding Judge of the Regional Trial Court of Makati...
Promulgated on 2004-12-28

40. CA GR CR 27688: People vs. Herminio Mallari
Appeal from the Decision dated June 16, 2003 of the Regional Trial Court of San Fernando City, Pampanga, Branch 41, in Criminal Case No. 12141, finding the accused-appellant Herminio Mallari of the crime of theft, and sentencing him to an indeterminate pr...
Promulgated on 2004-12-28

41. CA GR CV 72047: Alexander Gabriel vs. WenifredoA. Bayron
This is an appeal from the decision, dated 28 June 2001, of the Regional Trial Court, Fourth Judicial Region, Branch 20, Imus, Cavite, in Civil Case No. 1973-99, the dispositive portion of which reads:...
Promulgated on 2004-12-23

42. CA GR SP 87158: Edgar Bernardo vs. DOMUS MARIAE FOUNDATION, et al
On 28 October 2004, petitioner filed his Urgent Motion for Extension of Time to File Petition for Review dated 26 October 2004, praying that he be given a non-extendible period of thirty (30) days from 27 October 2004, within which to file the petition....
Promulgated on 2004-12-23

43. CA GR CV 80256: UCPB General Insurance vs. Lina Echin
Before this Court is plaintiff-appellee?s Motion to Dismiss dated 10 September 2004 praying for the dismissal of defendant-appellant?s appeal on the ground that the appellant?s Brief dated 05 May 2004 does not comply with Section 13, Rule 44 of the Rev...
Promulgated on 2004-12-23

44. CA GR CV 72267: Legaspi Savings vs. Salvador Chua, et a
This is an appeal from the Decision of the Regional Trial Court of Legazpi City, Branch 7 in Civil Case No. 9951 for a sum of money, the dispositive portion of which stated as follows:...
Promulgated on 2004-12-23

45. CA GR SP 86574: Joel Fernandez, et al vs. NLRC, et al
Assailed in this petition for certiorari under Rule 65 is the Decision dated April 30, 2004 dismissing petitioners appeal from the decision dated October 30, 2003 of the Labor Arbiter which found petitioner employee to have been validly terminated by priv...
Promulgated on 2004-12-23

46. CA GR SP 83049: Rustico Tutol vs. Eleanora de Jesus, et al
The dismissal by the Office of the Ombudsman of the petitioner s complaint against the respondents through the orders dated July 21, 20031 and September 12, 20032 is assailed in this petition for review under Rule 43 of the Rules of Court....
Promulgated on 2004-12-23

47. CA GR SP 80526: Mario Galaura vs. Carmel Development, Inc.
Challenged in this petition for review under Rule 42 of the 1997 Rules of Civil Procedure is the decision of the Regional Trial Court (RTC), Branch 125 of Caloocan City dated August 18, 2003, the decretal portion of which provides:...
Promulgated on 2004-12-23

48. CA GR SP 80082: MCI Real Estate vs. Felicitas Espiritu, et al
Assailed in this petition for review under Rule 43 of the 1997 Rules of Civil Procedure are the following issuances of the Office of the President in O.P. Case No. 98-G-8432 (HLURB-REM-A-970915-0126):1) the decision dated June 27, 2003 affirming in tot...
Promulgated on 2004-12-23

49. CA GR CV 74710: Marieta Serrano vs. Heirs of Margarita Deato, et al
THE absence of an indispensable party renders all subsequent actuations of the court null and void for want of authority to act, not only as to the absent parties but even as to those present. Without the presence of indispensable parties to a suit or pro...
Promulgated on 2004-12-23

50. CA GR SP 79413: MCI Real Estate, vs. Sps. Roberto Panganiban
This is a petition for review under Rule 43 of the 1997 Rules of Civil Procedure seeking the reversal of the issuances of the Office of the President in O.P. Case No. 98-C-8448 (HLURB Case No. REM-112395-8751) for specific performance and damages with an...
Promulgated on 2004-12-23

51. CA GR SP 76725: Philippine National Bank vs. Hon. Roberto Diokno, et al
This pertains to the private respondents motion for reconsideration filed on 17 March 2004, seeking for the reconsideration of the Decision dated 09 February 2004, the decretal portion of which reads:...
Promulgated on 2004-12-23

52. CA GR CV 80476: Rosenia Venus Seballos vs. Republic et al
This is an appeal from the Decision dated May 30, 2003 of the Regional Trial Court of Villasis, Pangasinan, Branch 50 in Civil Case No. V-0521 declaring the marriage between Rosenia Venus M. De Guzman-Seballos and Andres M. Seballos as null and void ab i...
Promulgated on 2004-12-23

53. CA GR SP 76541: Josefina Rivera vs. SSS, et al
This pertains to the petitioner s motion for reconsideration filed on 20 July 2004, seeking for the reconsideration of the Decision dated 18 June 2004, the dispositive portion of which reads:...
Promulgated on 2004-12-23

54. CA GR SP 85222: San Carlos Milling vs. Metropolitan Bank & Trust Co.
This is a petition for certiorari seeking to nullify and set aside the Order dated July 12, 2004 of public respondent in LRC Case No. M- 4557, denying petitioners? motion for reconsideration of the Order2 dated July 7, 2004, which granted the issuance...
Promulgated on 2004-12-23

55. CA GR CV 63575: Heirs of Isidro Pagayunan, et al., vs. Heirs of Crisanto Fuentes, et al
Before us is an appeal from the 26 October 1998 decision of Branch 48, Regional Trial Court of Masbate, Masbate, in Civil Case No. 4725, ordering the dismissal of appellants Complaint....
Promulgated on 2004-12-23

56. CA GR SP 80989: Stronghold Customs Brokerage, et al vs. NLRC, et al
Assailed in this petition for certiorari under Rule 65 of the 1997 Rules of Civil Procedure are the following actions of the public respondent National Labor Relations Commission (NLRC):...
Promulgated on 2004-12-23

57. CA GR SP 74093: Eugenia Puatu vs. Domingo Baltazar, et al
This is a petition for review of the Decision of the Department of Agrarian Reform Adjudication Board (DARAB), which affirmed the decision of the Provincial Agrarian Reform Adjudicator of Bulacan declaring respondent Ricardo Leonardo as the lawful agri...
Promulgated on 2004-12-23

58. CA GR CV 72464: Eufemia Nadonza vs. Phil. First Insurance
This pertains to the defendant-appellee s motion for reconsideration filed on 04 February 2004, seeking for the reconsideration of the Decision dated 18 December 2003, the decretal portion of which reads:...
Promulgated on 2004-12-23

59. CA GR CV 79873: AGVID CONSTRUCTION CO., INC., vs. LOTTE WORLD BUILDERS, et al
BEFORE US is a motion for reconsideration filed by the defendantappellants, seeking for the reconsideration of the Decision dated 31 May 2004, the decretal portion of which reads:...
Promulgated on 2004-12-23

60. CA GR CR 28148: People vs. Ramil Villapana
Accused-appellant Ramil Villapana y Marquez was charged with the crime of frustrated murder before the Regional Trial Court, Branch 33, Manila, in an Information, which reads:...
Promulgated on 2004-12-23

61. CA GR SP 73666: J. Angel Cruz vs. NLRC, et al
BEFORE US is a motion for reconsideration filed by petitioner through counsel, seeking for the reconsideration of the Decision dated 30 June 2004, the decretal portion of which reads:...
Promulgated on 2004-12-23

62. CA GR SP 75504: Julian Francisco et al vs. Hon. Ma. Nena Santos, et al
This pertains to the petitioners motion for reconsideration filed on 09 September 2003, seeking for the reconsideration of the Decision dated 08 August 2003, the text of which reads:...
Promulgated on 2004-12-23

63. CA GR CR 23353: People vs. Radigunda Ferraz y San Pedro
Accused-appellant Radigunda Ferraz y San Pedro was charged before the Regional Trial Court, Branch 135, Makati City with the crime of qualified theft in an Information which reads:...
Promulgated on 2004-12-23

64. CA GR CV 75202: Merlinda Iluis vs. Rhodelia Aragon, et al
The instant appeal seeks to set aside the January 25, 2002 decision of Branch 56 of the Regional Trial Court (RTC) of San Carlos City, Pangasinan in Civil Case No. SCC-2224 for annulment of mortgage and document with damages. The dispositive portion of s...
Promulgated on 2004-12-23

65. CA GR CV 64949: Lydia Sevilla vs. Francisco Sevilla, et al
Sought to be reversed and set aside is the Decision dated August 23, 1999 of the Regional Trial Court of Manila, Branch 18; the decretal text of which reads:...
Promulgated on 2004-12-23

66. CA GR CV 61460: Francisco Castillo, et al vs. Republic of the Philippines
Before this Court is an appeal filed by the Republic of the Philippines through the Solicitor General from the Decision (Records, pp. 314-321) of the Municipal Trial Court in Cities of Lipa City dated June 29, 1998 in LRC Case No. 96-005 which granted...
Promulgated on 2004-12-23

67. CA GR CV 68310: Robert Lopez, vs. Republic of the Philippines
This is an appeal from the Decision (Rollo, pp. 40-43) dated May 4, 2000 of the Regional Trial Court (Branch 47) of Urdaneta, Pangasinan in Civil Case No. U-6443, declaring the marriage between plaintiff-appellee Roberto G. Lopez and defendant Rosalie A...
Promulgated on 2004-12-23

68. CA GR CV 68102: Capella Development vs. BPI, et al
ON appeal before Us is the Decision of the Regional Trial Court (RTC) in an action for specific performance with preliminary injunction and prayer for temporary restraining order filed by plaintiff-appellee Capella Development Corporation (Capella for bre...
Promulgated on 2004-12-23

69. CA GR CV 56717: Marilou Beredo de Jesus vs. Wilfredo de Jesus
Before this Court is an appeal filed by the above-named petitioner-appellant Marilou Beredo De Jesus challenging the May 30, 1997 Decision (Records, pp. 304-309) of the Regional Trial Court of the City of Makati, Branch CXLIX (149), in Civil Case No. 9...
Promulgated on 2004-12-23

70. CA GR CV 77224: Ma. Leah Lingan-Pajarillaga vs Alijandrino Pajarillaga
by plaintiff-appellee Ma. Leah Lingan-Pajarillaga against defendant appellant Alejandrino Pajarillaga....
Promulgated on 2004-12-23

71. CA GR SP 86183: Marciano Salazar vs. Hon. Panfilo Valdez, et al
For failure of the petitioner-appellant Marciano Salazar to file the required memorandum despite due notice which was received on 28 September 2004, and by his counsel on 27 September 2004 (Rollo, p. 6, back), the herein Certiorari on appeal is DISMISSED...
Promulgated on 2004-12-23

72. CA GR CV 75030: National Power Corp., vs. Amalia Montenegro
UP for Our review is an appeal from a Decision in a special civil action of expropriation or eminent domain to acquire an easement of right of way over the portion of a parcel of land situated in Upli, Alfonso, Cavite by and for the use of plaintiff-appel...
Promulgated on 2004-12-23

73. CA GR CV 80652: Artemio Garcia v. The Honorable Secretary, et al
BEFORE Us is an appeal from the judgment of the Regional Trial Court dismissing a complaint for reconveyance of a 2.25-hectare parcel of agricultural land situated in Barangay San Juan, Municipality of Taytay, Province of Rizal....
Promulgated on 2004-12-23

74. CA GR CV 78854: BPI vs. Rosalinda Antalan, et al
We review on appeal the Order of the Regional Trial Court in Makati City dismissing the complaint for replevin with damages filed by plaintiffappellant Bank of the Philippine Islands against defendants-appellees Reynaldo and Rosalinda Antalan, as well as...
Promulgated on 2004-12-23

75. CA GR CV 73090: Darius Bernardino vs. Ederlinda Nuyles, et al
ON appeal is the Decision1 of the Regional Trial Court in Legazpi City dismissing the civil case for malicious prosecution filed by plaintiff-appellant Darius Bernardino against defendant-appellees Ederlina Nuyles, Benito Rutia, Susan Namia, Hermilando...
Promulgated on 2004-12-23

76. CA GR CV 79837: Gloria Escueta v. Felisa Benson, et al
THIS is an appeal from the Order of the Regional Trial Court dismissing the action for annulment of sale and damages for failure of the plaintiff-appellant to prosecute....
Promulgated on 2004-12-23

77. CA GR CV 74806: Rommel Tigno et al v. Fidel Elamparo, et al
MAY the Sangguniang Barangay, through a resolution enacted for the purpose, order the extrajudicial demolition of an illegal structure complained of as a public nuisance...
Promulgated on 2004-12-23

78. CA GR CV 78060: Gubat Farmers Development vs. Belen Chua
THIS is an appeal from a Decision of the Regional Trial Court in Gubat, Sorsogon in a complaint for sum of money filed by plaintiffappellee Gubat Farmers Development Cooperative against defendantappellant Belen Chua....
Promulgated on 2004-12-23

79. CA GR CV 78908: Ernesto Salamat, et al vs. Republic of the Philippines
BEFORE Us is an appeal from the Decision of the Regional Trial Court (RTC) in Antipolo City granting the application for registration of title....
Promulgated on 2004-12-23

80. CA GR SP 85576: REGINALD EBALOBOR, et al., vs. Sps. Flores
This is a Petition for Review under Rule 42 of the 1997 Rules of Civil Procedure with Prayer for Temporary Restraining Order or Preliminary Injunction of the decision1 of the Regional Trial Court (RTC), Branch 5, Baguio City in Civil Case No. 5693-R affi...
Promulgated on 2004-12-23

81. CA GR CV 60128: Juanita Manalo, et al vs. Republic of the Philippines
This is an appeal from the Order dated February 19, 1998 of the Regional Trial Court, Branch 1 of Balanga, Bataan in Civil Case No. R-227-97 entitled ?Petition for Reconstitution of Original Certificate of Title No. 8969 on the basis of the Owner s Copy J...
Promulgated on 2004-12-23

82. CA GR SP 72082: CITY OF PALAYAN, ET. AL. VS. MUNICIPALITY OF GER. TINIO, ET. AL.
This is a Petition for Review of the Order dated June 19, 2002 of the Regional Trial Court of Cabanatuan City, Branch 20, in Civil Case No. 0281-P...
Promulgated on 2004-12-23

83. CA GR SP 81171: BPI M/S Insurance vs. Commissioner of Internal Revenue
Before this Court is a petition for review under Rule 43 of the Rules of Court assailing the resolution dated August 29, 20031 of the Court of Tax Appeals (CTA) in CTA Case No. 6521 dismissing petitioner s petition on ground of lack of jurisdiction. Likew...
Promulgated on 2004-12-23

84. CA GR CV 63430: PATRICIO RIMBAUD VS. TEOFILO URBANO, ET.AL.
This is an appeal from the Decision dated February 18, 1999 of the Regional Trial Court of Santiago, Isabela, Branch 35, in Civil Case No. 35- 2005...
Promulgated on 2004-12-23

85. CA GR CV 75866: Fernando Cruz, et al vs. Phil. Bank of Communication, et al
THIS is an appeal from a Decision of the Regional Trial Court in Marikina City dismissing an action for annulment of extrajudicial foreclosure sale....
Promulgated on 2004-12-23

86. CA GR SP 70294: CESAR S. PAREJA vs. THE REGIONAL TRIAL COURT OF QUEZON CITY (BR 226), and CROWN ASIA PROPERTIES,
This is a petition for review of the decision rendered by the Regional Trial Court of Quezon City, affirming in toto the decision of the Metropolitan Trial Court of Quezon City,...
Promulgated on 2004-12-22

87. CA GR CV 82176: CYRILA G. GUZMAN, et al vs. GRAND BOULEVARD SILAHIS, et al
On August 19, 2004, this Court issued a notice requiring defendants-appellants Grand Boulevard Silahis International Hotel, Inc. and Doods C. Mangente to file their brief within fortyfive (45) days from receipt of said notice....
Promulgated on 2004-12-22

88. CA GR SP 87576: Sps. Jose Navarro, et al vs. Hon. Canlas, et al
A careful evaluation of the pleadings filed revealed the following infirmities: 1. the petitioner filed a petition for certiorari under Rule 65 of the Rules of Court instead of filing a petition for review under Rule 42 of the same rules;...
Promulgated on 2004-12-22

89. CA GR CR 24117: People vs. Filomeno Subia, et al.
Appellants were charged in the court below (RTC, Br. 11, Manila) with Frustrated Homicide (Criminal Case No. 88-63371) and Homicide (Criminal Case No. 88-63372)....
Promulgated on 2004-12-22

90. CA GR SP 87822: Remedios A. Gaerlan vs. Hon. Judge Jaime N. Salazar, Jr., et al.
A petition for certiorari, with prayer for the issuance of a temporary restraining order and/or preliminary injunction, was filed by petitioner seeking the nullity of the Decision dated August 23, 2004 of respondent Judge directing the issuance of a wr...
Promulgated on 2004-12-22

91. CA GR CV 79778: Sanyoware Plastic Products and Mfg. Corp., et al. vs. Phil. Charter Insurance Corp.
On appeal is the decision of the Regional Trial Court, Branch 9, Malolos, Bulacan, in Civil Case No. 528-M-2002 for Collection of Sum of Money and/or Specific Performance and Damages....
Promulgated on 2004-12-22

92. CA GR CV 76292: Erwin Agbulos Sagun vs, Local Civil Registry of Nabunturan, et al
This is an appeal from the Decision of the Regional Trial Court, Branch 66, San Fernando City, La Union granting the petition for correction of entries in the birth certificates of petitioner and his minor child, Julienne Grace A. Sagun....
Promulgated on 2004-12-22

93. CA GR CV 50550: The Consolidated Bank vs. United Pacific Leasing, et al
On appeal is the Order dated August 9, 1995 rendered by the Regional Trial Court of Manila, Branch 46 (hereinafter, RTC Branch 46), in Civil Case No. 87-39114 dismissing the Complaint for Sum of Money filed by plaintiff Consolidated Bank and Trust Corpor...
Promulgated on 2004-12-22

94. CA GR SP 79686: Airline Pilots Association vs. Department of Labor, et al
In this petition for certiorari under Rule 65 of the Rules of Court,petitioner Airline Pilots Association of the Philippines (ALPAP) assails the July 4, 2003 letter of then Acting Secretary of Labor and Employment Manuel G. Imson, which merely noted peti...
Promulgated on 2004-12-22

95. CA GR CV 77414: Lucille Sajonas Columbres, et al, vs. PDCP Dev. Bank
Before this Court is an ordinary appeal which seeks to reverse and set aside the Decision dated 24 May 2002 rendered by Hon. Emma P. Bauzon of the Regional Trial Court, First Judicial Region, Branch 37, Lingayen, Pangasinan, dated 04 May 2000, the disposi...
Promulgated on 2004-12-22

96. CA GR SP 79751: Elizabeth B. Luces, et al. vs. Unibancard Corp.
Before Us is a Petition for Review under Rule 42 of the 1997 Rules of Civil Procedure appealing the August 7, 2003 Decision of the Regional Trial Court of Makati affirming in toto the March 6, 2000 Decision of the Metropolitan Trial Court in a civil ca...
Promulgated on 2004-12-22

97. CA GR CV 66962: Shyrmalou L. Bolivar, vs. Loreto P. Bolivar, et al.
Filiation shall be established by any of the following: 1) the record of birth appearing in the civil register or a final judgment; or 2) an admission of filiation in a public document or a private handwritten instrument signed by the parent concerned...
Promulgated on 2004-12-22

98. CA GR CV 71540: Evelyn Apacible vs. Hermogenes Jacinto, Jr.; RP
On appeal to Us is the amended decision dated July 09, 2001 of the Regional Trial Court, Branch 70 of Pasig City in JDRC Case No. 38748 for declaration of nullity of marriage on the ground of psychological incapacity allegedly suffered by both petition...
Promulgated on 2004-12-22

99. CA GR SP 84276: Teodoro I. Chavez vs. Eugenio dela Cruz, Jr., et al.
For consideration is a ?Joint Manifestation/Motion? of the parties jointly manifesting that they have come to terms as evidenced by the ?Compromise Agreement? and ?Kasunduan? attached thereto as Annexes ?A? and ?B?, where they have also agreed to have...
Promulgated on 2004-12-22

100. CA GR CR 26822: Jesus T. Mason vs. People
Through this petition for review, petitioner JESUS T. MASON seeks to reverse and set aside the decision dated September 15, 2000 of the Regional Trial Court of Baguio City, which affirmed in toto the decision of the Municipal Trial Court in Cities of Bagu...
Promulgated on 2004-12-22

101. CA GR SP 84321: People vs. Hon. Francis Mendiola, et al
Before us is a Petition for Certiorari and Prohibition, where both public and private prosecutors assail Judge Francis G. Mendiola s Order dated February 24, 2004 dismissing Criminal Case No. 02-0651....
Promulgated on 2004-12-22

102. CA GR SP 85201: Maximo Malonda, et al vs. NLRC, et al
Assailing the Decision promulgated on October 20, 2003 and the Order dated January 30, 2004 of public respondent National Labor Relations Commission (NLRC), petitioners filed the instant petition for certiorari, arguing as follows:...
Promulgated on 2004-12-22

103. CA GR SP 86555: Mutsushita Electric Co., vs. W.E.L. Philippines, Inc.
Considering the report of the JRD dated December 6, 2004 that no petition for certiorari has been filed within the extended period granted by the Court in its Resolution dated October 6, 2004 -...
Promulgated on 2004-12-22

104. CA GR SP 82348: Eulalia Roldan vs.Hon. Abednego Adre, et al
The above captioned cases, now consolidated, involve the same parties and arose out of the same case presided over and decided by respondent Judge Abednego Adre in an accion publiciana docketed as Civil Case No. 97-32706 before the Regional Trial Court in...
Promulgated on 2004-12-22

105. CA GR SP 74788: Cavalle Agricultural vs. Vilma Mangabo, et al
This case reprises the methods used by courts in ejectment cases where a claim of agricultural tenancy is interposed as a defense. Cavalle Agricultural Development Corporation, the petitioner, filed a complaint for unlawful detainer against the responde...
Promulgated on 2004-12-22

106. CA GR CV 67273: People; Fame Lending Investors vs. Fely Silva
An accused, acquitted of a criminal charge, may nevertheless be held in the same case civilly liable where the facts established by the evidence so warrants. In the instant case, however, the evidence adduced by appellant does not justify the award of civ...
Promulgated on 2004-12-22

107. CA GR SP 73632: Al Assal Manpower, Inc., vs. NLRC, et al
Before us is a petition for certiorari, which seeks to set aside the Resolution of the National Labor Relations Commission (NLRC) dated April 29, 2002 and Order dated July 30, 2002 in favor of private respondent....
Promulgated on 2004-12-22

108. CA GR SP 66924: David Levy vs. Allen Leroy Hamilton, et al
This Petition for Certiorari filed under Rule 65 of the revised Rules on Civil Procedure seeks to annul and set aside 1) the Resolution, dated October 16, 2000, issued by public respondent Secretary of the Department of Justice denying petitioner s peti...
Promulgated on 2004-12-21

109. CA GR SP 65372: RAMCAR, INC. vs. HALREY CONSTRUCTION, INC.
Before Us is a Petition for Review under Rule 43 of the revised Rules of Civil Procedure, assailing the Joint Decision [Rollo, pp.38-80], insofar as CIAC Case No. 13-2001 is concerned, of the Construction Industry Arbitration Commission [CIAC for brevity]...
Promulgated on 2004-12-21

110. CA GR CV 63546: Filomeno Catapusan et al vs. Lucy Jaro
On appeal is the Decision [Records, p. 184], dated April 13, 1999, rendered by Branch 80 of the Regional Trial Court of Morong, Rizal, in an action for Recovery of Possession of Property and Damages, the dispositive portion of which states:...
Promulgated on 2004-12-21

111. CA GR CR 27593: People vs. Rodel Mabalot, et al
This is an appeal from the Decision, dated May 28, 2003, of the Regional Trial Court, Branch 50, Villasis, Pangasinan, in Criminal Case No. V-0800, convicting accused-appellant Rodel E. Mabalot of the crime of Homicide....
Promulgated on 2004-12-21

112. CA GR CR 27284: People vs. Bladimer Bantigue
The instant appeal, which involves three (3) criminal cases, was referred by the Supreme Court to this Court for appropriate action in the exercise of the latter s appellate jurisdiction in view of the amendment of Republic Act No. 6425 by Republic Act No...
Promulgated on 2004-12-21

113. CA GR CV 78472: Consuelo Lopez vs. Amando Bernardo, Jr., et al
Appeal from the Decision of the Regional Trial Court of San Fernando City, Pampanga, Branch 48, in Civil Case No. 12262, the decretal portion reading:...
Promulgated on 2004-12-21

114. CA GR CV 77758: Rural Bank of Caloocan vs. Intra Strata Assurance, et al
This is an appeal from the Decision dated March 18, 2002, rendered by the Regional Trial Court of Caloocan City, Branch 124 (hereafter RTC), in CIVIL CASE NO. C - 18702, the dispositive portion of which reads as follows:...
Promulgated on 2004-12-21

115. CA GR CV 78690: Callaway Development, et al vs. Ramon J. Lim
Appeal from the Resolution of the Regional Trial Court of Calauag, Quezon in Civil Case No. F-3059, the dispositive portion of which reads:...
Promulgated on 2004-12-21

116. CA GR SP 76571: Delco Wire and Cable vs. NLRC, et al
This is a Petition for Certiorari under Rule 65 of the revised Rules of Civil Procedure assailing the following issuances of the National Labor Relations Commission [NLRC, herein public respondent], to wit:...
Promulgated on 2004-12-21

117. CA GR CV 82175: Caridad Mateo Guilalas vs. Paula Diaz Castillo, et al.
A motion to dismiss appeal was filed by petitioner-appellee on the ground of failure of oppositors-appellants to pay the docket and other lawful fees within the period for taking an appeal, as provided for in Section 4, Rule 41 of the 1997 Rules of Civ...
Promulgated on 2004-12-21

118. CA GR SP 85418: GRM ECOZONES STORAGE, INC. VS. HON. OSCAR B. PIMENTEL, ET. AL.
For resolution is the Petition for Certiorari with Application for the Issuance of a Writ of Preliminary Injunction filed by petitioner GRM Ecozones Storage, Inc. (GRM), under Rule 65, seeking to set aside the June 24, 2004 Order of the respondent judg...
Promulgated on 2004-12-21

119. CA GR SP 87792: Faustino Agbayani Sr., et a. vs. Hon. Regala, et al.
From the decision of the respondent Court dismissing the complaint, the petitioners filed a Motion for Reconsideration which was subsequently DENIED by the same Court on November 2, 2004....
Promulgated on 2004-12-21

120. CA GR CR 26688: People vs. Reynaldo de Guzman, et al
This is an appeal from the decision dated 06 February 2002 of the Regional Trial Court of Quezon City, Branch 76, which found the herein accused-appellants guilty beyond reasonable doubt of the crime of carnapping. The dispositive portion of the decisi...
Promulgated on 2004-12-21

121. CA GR SP 83416: Juanito Malacca vs. Delia Baladlad
Before this Court is an appeal by way of Petition for Review (Rollo, pp. 4-17) under Rule 42 of the 1997 Rules of Court from the Decision (Rollo, pp. 18-22) of the Regional Trial Court of Urdaneta City, Pangasinan, Branch 45, dated 17 March 2004 in Civil...
Promulgated on 2004-12-21

122. CA GR SP 72973: Marcelo vs. Ramos
This appeal by way of petition for review under Rule 43 of the Rules of Court seeks to overturn the Decision dated December 28, 2000 of the Department of Agrarian Reform Adjudication Board (or DARAB) and the Resolution dated August 23, 2002 of the same go...
Promulgated on 2004-12-21

123. CA GR CV 60417: Rufina A. Villarta, et al. vs. Sps. Ragasa, et al.
For failure to file appellant?s brief, appellee Ragasa?s Motion to Dismiss is GRANTED....
Promulgated on 2004-12-21

124. CA GR CV 77403: Esmeraldo Manabat vs. Philippine Savings Bank
Appeal by writ of error by the defendant, the Philippine Savings Bank, in Civil Case No. 835-M-98, a complaint for specific performance with damages, from the Decision of the Regional Trial Court of Malolos, Bulacan in Civil Case No. 835-M-98. The decre...
Promulgated on 2004-12-21

125. CA GR CV 76462: Phil. Bank of Communications vs. Albino H. Lee
BEFORE US is a motion for reconsideration filed by defendant appellant on 06 April 2004, seeking for the reconsideration of the Decision dated 10 March 2004, the decretal portion of which reads:...
Promulgated on 2004-12-21

126. CA GR SP 79142: General Lending Investors vs. Hon. Simeon Datumanong, et al
This pertains to the motion for reconsideration filed by the petitioner through counsel, seeking for the reconsideration of the Decision dated 30 April 2004, the dispositive portion of which reads:...
Promulgated on 2004-12-21

127. CA GR SP 77901: Roberto Rondilla vs. NLRC, et al
BEFORE US is a motion for reconsideration filed by petitioner through counsel, seeking for the reconsideration of the Decision dated 26 March 2004, the decretal portion of which reads:...
Promulgated on 2004-12-21

128. CA GR SP 76742: Albert Filosopo vs. Davao Reyer Transport
This pertains to the respondent s motion for reconsideration filed on 12 April 2004, seeking for the reconsideration of the Decision dated 27 February 2004, the text of which reads:...
Promulgated on 2004-12-21

129. CA GR CR 28621: People vs. Randy Borromeo
On 18 November 2004, accused-appellant thru counsel filed a Manifestation with Motion to Withdraw Appeal in view of his intention to avail of Executive Clemency....
Promulgated on 2004-12-21

130. CA GR SP 78386: Transprint Corp, et al vs. NLRC, et al
BEFORE US is a motion for reconsideration filed by the petitioners through counsel, seeking for the reconsideration of the Decision dated 30 April 2004, the decretal portion of which reads:...
Promulgated on 2004-12-21

131. CA GR SP 80868: R.B. Soriano Construction, et al. vs. Rolando Bacaycay, et al.
Assailed in this petition for certiorari, as tainted with grave abuse of discretion amounting to lack or excess of jurisdiction, are: (1) The Resolution dated June 24, 20031 of the National Labor Relations Commission (or NLRC), in NLRC CA No. 033342-02...
Promulgated on 2004-12-21

132. CA GR SP 82905: Jaguar Security vs. Hon. Patricia Sto. Tomas, et al
In this Petition for Certiorari, petitioner JAGUAR SECURITY AND INVESTIGATION AGENCY seeks to reverse and set aside the Orders dated April 15, 2003 and January 13, 2004 rendered by public respondent Department of Labor and Employment (hereinafter called ...
Promulgated on 2004-12-21

133. CA GR SP 83905: San Miguel Corp., vs. Bartolome Puzon, Jr., et al
Before Us is a Petition for Certiorari under Rule 65 of the 1997 Revised Rules of Court with petitioner seeking for the reversal and setting aside of public respondent s Resolutions, dated 04 June 20031 and 23 April 2004, affirming the Resolution of the C...
Promulgated on 2004-12-21

134. CA GR SP 86685: Adelaida Hermogenes vs. Esteban Gotaoco, et al
It appearing from the report of our Judicial Records Division that no petition has been filed by the petitioner within the extended period given, this case is hereby DISMISSED without prejudice....
Promulgated on 2004-12-21

135. CA GR SP 87777: LBP v. Hon. Jose Benjamin Vianson, et al
Before us is a Petition for Certiorari With Prayer for Preliminary Injunction and/or Temporary Restraining Order filed by the petitioner, through its counsel....
Promulgated on 2004-12-21

136. CA GR SP 79231: Primetown Property vs. Office of the President et al
This appeal by petition for review under Rule 43 of the 1997 Rules of Civil Procedure seeks to overturn: (1) The Order dated April 15, 2003 of the Office of the President, in OP Case No. 99-E-8738, which affirmed in toto the decision dated February 24, 2...
Promulgated on 2004-12-21

137. CA GR SP 79819: Benjamin Panganiban vs. NLRC, et al
This petition for certiorari seeks to nullify, as tainted with grave abuse of discretion amounting to lack or excess of jurisdiction: (1) The Resolution of the National Labor Relations Commission, Quezon City dated September 24, 2002 in NLRC NCR CA NO....
Promulgated on 2004-12-21

138. CA GR SP 81442: Times Transportation 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 Decision of the National Labor Relations Commission (NLRC)1 dated May 30, 2003, in NLRC CA No. 025002-2000, affir...
Promulgated on 2004-12-21

139. CA GR SP 76849: Francisco Barraquio et al vs. NLRC, et al
Assailed in this Petition for Certiorari, as tainted with grave abuse of discretion, amounting to lack or excess of jurisdiction, are: (1) The Decision dated July 11, 2001 of the Labor Arbiter in LRC?SRAB?IV?5-6254?2000-L and NLRCSRAB- IV-5-6264-00-L di...
Promulgated on 2004-12-21

140. CA GR CV 66844: Julita de Guzman, et al vs. Sps. Tropio del Rosariom et al
This pertains to the plaintiff appellants motion for reconsideration filed on 19 December 2003, seeking for the reconsideration of the Decision dated 07 November 2003, the decretal portion of which reads:...
Promulgated on 2004-12-21

141. CA GR CV 78075: AGRIFINA AQUINTEY, vs. SPOUSES FELICIDAD AND RICO Tibong
This treats of plaintiff-appellee s and defendants-appellants separate Motions for Reconsideration, as well as their respective Comments thereto, of this Court s decision dated August 24, 2004....
Promulgated on 2004-12-21

142. CA GR SP 87704: Vill-Care Management vs. Ronaldo Almoite
This Petition for Certiorari faces outright dismissal onthe following grounds: (1) It is not accompanied by pleadings and documents relevant and pertinent (complaint, position papers, appeal memorandum, motion for reconsideration) as required under Sect...
Promulgated on 2004-12-21

143. CA GR SP 75928: Miguel Habana, vs. Metroland Properties
This Petition for Review challenges the Decision dated 21 November 2002 and the Order dated 30 January 2003 of the Regional Trial Court of Naga City, Branch 22, affirming on appeal the Decision dated 18 December 2001 of the Municipal Trial Court of Naga...
Promulgated on 2004-12-21

144. CA GR SP 76777: Roberto Servana, vs. NLRC, et al
The question of whether an employer-employee relationship exists in a certain situation has bedevilled the courts. Businessmen, with the aid of lawyers, have tried to avoid or sidestep such relationship, because that juridical vinculum engenders obligati...
Promulgated on 2004-12-21

145. CA GR CV 70927: Marciana Victoriano, et al vs. Julio Victoriano, et al
Before this Court is an ordinary appeal which seeks the reversal of the Order dated 09 March 2001 denying appellants Motion for Reconsideration of the Order dated 31 January 2001 issued by the Regional Trial Court of Laoag City, Branch 13 in the case enti...
Promulgated on 2004-12-21

146. CA GR CV 71482: Security Bank vs. Romeo Ching
Before this Court is an ordinary appeal which seeks the reversal of the Decision dated 14 May 2001 rendered by Hon. Priscilla J. Baltazar-Padilla of the Regional Trial Court, National Capital Judicial Region, Branch 38, Manila, the dispositive portion of...
Promulgated on 2004-12-21

147. CA GR SP 82060: Belen Verastigue, et al vs. Hon. Thelma Trinidad-Pe Aguirre, et al
Before us is a special civil action for certiorari under Rule 65 of the 1997 Rules of Civil Procedure which seeks to nullify and set aside the Second Order dated September 10, 2003 and Resolution dated December 15, 2003, both issued by public respondent...
Promulgated on 2004-12-21

148. CA GR CV 76485: Solid Realty Financing, vs. Republic, et al
Before Us is an appeal praying for the reversal of the Decision1 rendered on November 15, 2001 and the Resolution2 dated September 2, 2002 of the Regional Trial Court, Branch 226, Quezon City in LRC Case No. Q-9492 (97), which dismissed Solid Realty Fin...
Promulgated on 2004-12-21

149. CA GR CR 23885: People vs. Rodelio Gonzales
Accused-appellant Rodelio Gonzales, alias Bong, was charged before the Regional Trial Court, Branch 172, Valenzuela, Metro Manila with the crime of frustrated homicide, in an Information which reads:...
Promulgated on 2004-12-21

150. CA GR CV 82326: Mining & Petroleun vs. BF Homes, et al
For failure of plaintiff-appellant to file the required appellant s brief within the reglementary period which expired on October 25, 2004, the appeal in this case is hereby considered ABANDONED and accordingly DISMISSED....
Promulgated on 2004-12-21

151. CA GR SP 85832: GODOFREDO ENRILE, vs. Hon. Danilo Manalastas, et al
Before this Court is petitioners Motion for Reconsideration of this Court s Resolution dated August 31, 2004 which dismissed petitioners Petition for Certiorari and Prohibition with Prayer For Preliminary Injunction and Temporary Restraining Order....
Promulgated on 2004-12-21

152. CA GR SP 82902: SILKAIR (SINGAPORE) PTE. vs. Commissioner on Internal Revenue
Finding no new matter of substance that wouldwarrant the reversal or modification of this Courts Decision dated September 13, 2004, petitioner s motion for reconsideration is DENIED for utter lack of merit....
Promulgated on 2004-12-21

153. CA GR SP 82966: Commissioner on Internal Revenue vs. ENRON SUBIC POWER Corp.
Before this Court is a petition for review under Rule 43 of the 1997 Rules of Civil Procedure, assailing the Decision dated November 4, 2003 and the Resolution dated March 1, 2004 of the Court of Tax Appeals3 in C.T.A. Case No. 6029 entitled Enron Subic P...
Promulgated on 2004-12-21

154. CA GR CR 28907: People vs. Edison S. Macabenta
Edison S. Macabenta makes a mockery of justice by seeking judicial relief, and at the same time, eluding the clutches of the law despite the judgment of conviction meted out against him. This travesty, We cannot allow. Hence, the dismissal of this appea...
Promulgated on 2004-12-21

155. CA GR CV 57000: Manuel S. Enverga University vs. Northern Star Investigation
This is an Appeal1 from the Decision dated 17 December 1996 of the Regional Trial Court of Lucena City, Branch 59 in Civil Case No. 95-160, which is a complaint for damages filed by Manuel S. Enverga University Foundation, Inc. against Northern Star Inve...
Promulgated on 2004-12-21

156. CA GR CV 56729: Nicolas Bautista vs. Catalina vda. de Aquino, et al
Deceptis non decipientibus, jura subveniunt. The laws aid those who had been deceived, but not the deceivers. In all contractual relations, the law requires the parties to comply with their contractual obligations religiously and in good faith. Thus, it...
Promulgated on 2004-12-21

157. CA GR CV 75851: Dr. Benito Legarda, vs. Victoria Rosales, et al
The appellee Dr. Benito Legarda, Jr. (hereafter Dr. Legarda) filed this suit for Accion Publiciana and Sums of Money against the appellant Victoria Rosales. It turned out that the supposed John Doe was erroneously impleaded for Rosales (or Rosales) is wi...
Promulgated on 2004-12-21

158. CA GR SP 73388: Tomas Tua, vs. Arsenia L. Vda de Tua
This is a petition for review under Rule 42 of the 1997 Revised Rules of Civil Procedure that seeks to reverse the decision and order dated June 28, 2002 and August 22, 2002 respectively of the Regional Trial Court (RTC, for brevity) of Capas, Tarlac, Br...
Promulgated on 2004-12-20

159. CA GR SP 75115: Grigio Security vs. The NLRC, et al
This is a petition for Certiorari under Rule 65 of the Rules of Court assailing the Resolution of respondent National Labor Relations Commission (NLRC), Second Division, dated May 22, 2002, in NLRC NCR Case No. 00-08-08539-99 (CA No. 028189-01)1 which aff...
Promulgated on 2004-12-20

160. CA GR SP 70176: San Miguel Corp., vs. Hon. Secreatry of Health, et al
This pertains to the petitioner s motion for reconsideration filed through counsel via registered mail on 06 April 2004, seeking for the reconsideration of the Decision dated 26 February 2004, the decretal portion of which reads:...
Promulgated on 2004-12-20

161. CA GR SP 78366: Horacio Garces vs. Hon. Arsenio P. Adriano, et al.
At bar is a Petition for Certiorari and Prohibition under Rule 65 of the Rules of Court filed by Horacio Garces (petitioner) which seeks to reverse and set aside the July 14, 2003 Order1 of public respondent Judge Arsenio P. Adriano denying his motion...
Promulgated on 2004-12-20

162. CA GR SP 80953: Diosdado Garcia, et al. vs. NLRC, et al.
Impugned before this Court are the May 30, 2003 and September 26, 2003 Resolutions of the National Labor Relations Commission (NLRC) in CA No. 029059-01 (NCR-00-04-03163-98; NCR-00-03-02610-99; and NCR-00-11-09441-98), consolidated cases for unfair labor ...
Promulgated on 2004-12-20

163. CA GR SP 84772: Yolanda T. Robles vs. Antonio F. Mallare
This Petition for Review under Rule 43 of the 1997 Rules of Civil Procedure seeks the nullification of the November 6, 2003 Decision1 of the Department of Agrarian Reform Adjudication Board (DARAB) as well as its June 3, 2004 Resolution2 denying petiti...
Promulgated on 2004-12-20

164. CA GR CR 27709: People vs. Charlie Coriosio y Alcantara
Before the Court is an appeal by Charlie Coriosio y Alcanatara, assailing the June 3, 2003 Decision of the Regional Trial Court of Manila, Branch 34, in Criminal Case No. 03-212312. The decretal portion of the assailed Decision, which found the accused-ap...
Promulgated on 2004-12-20

165. CA GR SP 85277: SPS. BARTOLOME C.GUEVARRA, et al. vs. SPS. ELEUTERIO SANTOS AND FLAVIA SANTOS
This is a petition for review under Rule 43 of the 1997 Rules of Civil Procedure of the Resolution dated November 28, 2003 (Annex "L", p. 75, Rollo) of the Office of the President in O.P. Case No. 00-K-9280 (HLURB Case No. REMA- 950214-0014),...
Promulgated on 2004-12-20

166. CA GR CV 76933: Enrico Eulogio vs. Sps. Clemente & Luz Apeles
Assailed in this appeal is the Decision dated October 8, 2002 of the Regional Trial Court of Quezon City, Branch 215 in Civil Case No. Q-99-36834 entitled Enrico S. Eulogio, plaintiff vs. Spouses Clemente Apeles and Luz Apeles, defendants for specific per...
Promulgated on 2004-12-20

167. CA GR SP 87736: Ultra Security Services, Inc., et al. vs. NLRC, et al.
The instant petition for certiorari (with prayer for the issuance of a temporary restraining order) dated 26 November 2004 is outrightly DISMISSED for petitioners' failure to attach to said petition the complaint,...
Promulgated on 2004-12-20

168. CA GR SP 83929: Golden Field Trading vs. Lorence D. Conzon & NLRC
This petition for certiorari under Rule 65 of the Rules of Court seeks to annul and set aside the decision dated 31 July 20031 and the resolution dated 27 February 20042 of the National Labor Relations Commission, Second Division, which reversed and se...
Promulgated on 2004-12-20

169. CA GR CV 82133: Cornelia Mariano, v. Republic of the Philippines
Before us is a Motion to Withdraw Appeal filed by the oppositorappellant, through the Office of the Solicitor General, based on the sole ground that a careful review of the records of the instant case, reveals that the decision of the Regional Trial Court...
Promulgated on 2004-12-20

170. CA GR SP 87762: Pedro Vega v. Office of the Ombudsman, et al
A careful perusal of the petition shows that the Proof of Service (Rollo, p. 14) is defective in the sense that it is not subscribed before a Notary Public as required by Section 13, Rule 13 of the 1997 Rules of Civil Procedure, as amended....
Promulgated on 2004-12-20

171. CA GR CV 56392: Feliciana Juralbal v. Republic of the Philippines
Before us is an appeal filed by the oppositor-appellant Republic of the Philippines, through the Office of the Solicitor General, of the decision1 of the Regional Trial Court of Tayug, Pangasinan, Branch 51 dated January 2, 1997....
Promulgated on 2004-12-20

172. CA GR SP 82330: Magsaysay Maritime Corp., et al. vs. The Hon. NLRC, et al.
Permanent total disability means disablement of an employee to earn wages in the same kind of work, or work of similar nature that he was trained for or accustomed to perform, or any kind of work which a person of his mentality and attainment could do....
Promulgated on 2004-12-20

173. CA GR SP 80524: Eduardo L. Rayo vs. China Banking Corp., et al.
Before this court is a petition for certiorari under Rule 65 of the 1997 Rules of Civil Procedure seeking to annul the Order dated July 28, 2003 of the Regional Trial Court of Pasig City Branch 67 in LRC Case No. 6073 filed by private respondent China Ba...
Promulgated on 2004-12-20

174. CA GR SP 86315: Melecio La Tumbo, et al. vs. Crispulo Bagacina, Jr., et al.
It appears that only one of the parties signed the Verification & Certification of Non Forum Shopping....
Promulgated on 2004-12-20

175. CA GR SP 87294: Planters Products, Inc. vs. Securities & Exchange Commission, et al.
The decisions or final orders of the Securities and Exchange Commission are supposed to be brought before this Court by way of Petition for Review under Rule 43 of the Revised Rules of Court within fifteen (15) days from receipt of such decision or final...
Promulgated on 2004-12-20

176. CA GR SP 87400: Angel Ong Cuna vs. The Hon. Secretary of Justice
For failure to attach pertinent documents relevant to the case, such as the Petition for Review filed before the Department of Justice (DOJ), the respondent's Opposition and the Resolution of the Regional State Prosecutor of Region 1, this petition is...
Promulgated on 2004-12-20

177. CA GR CV 74416: Jaime O. Sevilla vs. Carmelita N. Cardenas
On appeal by defendant is the Decision dated 25 January 2002 of Branch 149 of the Regional Trial Court of Makati City in Civil Case No. 94-1285,...
Promulgated on 2004-12-20

178. CA GR SP 76703: NBP Realty, Inc., et al. vs. NLRC, et al.
Assailed by petitioners NBP Realty, Inc., et al. in this petition for certiorari filed under Rule 651 of the Revised Rules of Court, is the resolution of public respondent National Labor Relations Commission (Second Division) [NLRC] dated September 30,...
Promulgated on 2004-12-20

179. CA GR CV 75961: The Manila Banking Corp. vs. Control Builders Corp.
Defendant-appellant Control Builders Corporation implores this Court to reverse and set aside the Decision dated June 26, 2002 of the Regional Trial Court of Makati City, Branch 134, which ordered said corporation to pay plaintiff-appellee Manila Banking...
Promulgated on 2004-12-20

180. CA GR SP 66270: Pinpin Security & Protective Agency, Inc. vs. Secretary of DOLE, et al.
Assailed in this petition for certiorari filed under Rule 65 of the Rules of Court are the Order1 of the Acting Secretary of the Department of Labor and Employment, dated 11 May 2001 which dismissed petitioner?s appeal; and his Order dated June 11, 2001,...
Promulgated on 2004-12-20

181. CA GR SP 84652: People, et al. vs. Victor Tan, et al.
On appeal is the Order of the Regional Trial Court, Branch 47, Manila, dated 23 March 2004 granting the Petition for Certiorari filed by petitioners-appellees [private complainants]....
Promulgated on 2004-12-20

182. CA GR SP 84753: Lloyd Laboratories, Inc., et al. vs. Sheila A. de Jesus, et al.
This is a petition for certiorari filed under Rule 65 of the 1997 Rules of Civil procedure seeking the nnulment, reversal and nullification of the March 24, 2004 Resolution issued by the National Labor Relations Commission (NLRC),...
Promulgated on 2004-12-20

183. CA GR CV 79781: Aurora Soriano, vs. Provincial Sheriff of Benguet, et al
On appeal are the Resolutions, dated October 10, 2002 and February 12, 2003, of the Regional Trial Court (RTC) of La Trinidad, Benguet, Branch rendered in Civil Case No. 02-CV-1717....
Promulgated on 2004-12-20

184. CA GR CV 76771: The Director of Lands vs, Macario Abellana, et al
For resolution are the consolidated appeals taken by the Office of the Solicitor General from the two (2) decisions rendered in the proceedings of Cadastral Case No. 67 (LRC Cad. Rec. No. 1026), of the 7th Municipal Circuit Trial Court of Atimonan-Plarid...
Promulgated on 2004-12-20

185. CA GR CV UDK 8805: Godofredo Simon, et al. vs. Porfirio Laggua, et al.
Considering the JRD Report that counsel for defendantsappellants did not comply with this Court?s Resolution dated June 23, 2004, a copy of which he received on July 5, 2004, the appeal is hereby deemed ABANDONED and accordingly DISMISSED pursuant to Sec...
Promulgated on 2004-12-20

186. CA GR SP 86821: JL Pangilinan Marketing Corp. vs. The Hon. Presiding Judge, RTC-Manila, Br. 21, et al.
It appearing from the JRD verification dated November 17, 2004 that no petition for certiorari has been filed, the case is hereby deemed CLOSED and TERMINATED and accordingly DISMISSED....
Promulgated on 2004-12-20

187. CA GR SP 84929: Metro Disco & KTV, et al. vs. Hon. Lourdes C. Javier, et al.
Alleging grave abuse of discretion amounting to excess or lack of jurisdiction, petitioners filed the instant petition under Rule 65 of the Revised Rules of Civil Procedure, to nullify or set aside the Resolution of the National Labor Relations Commission...
Promulgated on 2004-12-20

188. CA GR CV 64623: Heirs of the Late Sps. Leoncio Profeta & Teodora Bocalan vs. Justiniano S. Montano, Sr.
On appeal by plaintiffs Heirs of the late Spouses Leoncio Profeta and Teodora Bocalan is the Decision2 dated May 7, 1999 of the Regional Trial Court of Trece Martires City, Branch 23, in an action for Reconveyance, entitled ?Heirs of the Late Spouses ...
Promulgated on 2004-12-20

189. CA GR SP 83899: Sps. Duldulao vs. Hon. Dionisio Sison, et al.
Assailed in this petition for certiorari and mandamus under Rule 65 of the Rules of Court are: (1) the Order dated 7 November 2003 of the Regional Trial Court of Valenzuela City, Branch 75 dismissing petitioners? notice of appeal; and (2) its Order dated...
Promulgated on 2004-12-20

190. CA GR SP 86612: Lianas Supermarket vs. NLRC, et al.
This is a Petition for Certiorari under Rule 65 of the 1997 Rules of Civil Procedure assailing the February 26, 2004 and July 29, 2004 Resolutions of the National Labor Relations Commission which acted on the September 12, 2003 Order of the Labor Arbiter...
Promulgated on 2004-12-20

191. CA GR SP 56343: Alberto A. Ngina vs. Regional Appellate Board- NPC, Cordillera Adm. Region, et al.
Before Us is a petition for certiorari under Rule 65 of the Revised Rules of Court seeking to assail the Resolution of the Regional Appellate Board of the National Police Commission, Cordillera Administrative Region, dated August 26, 1999 which imposed t...
Promulgated on 2004-12-20

192. CA GR SP 77427: Equity Machineries, Inc. vs. Municipal Govt. of Jones, Isabela, et al.
This is an appeal from the Order1 of the Regional Trial Court (RTC), Branch 24 of Echague, Isabela dated March 7, 2003 in SCA Nos. 24-2002-01 and 24-2002-02, dismissing the petitions for mandamus filed by Equity Machineries Inc., (petitioner-appellant) a...
Promulgated on 2004-12-20

193. CA GR SP 85482: Lily Sy vs. Hon. Secretary of Justice Datumanong, et al.
Assailed in this Petition for Certiorari under Rule 65 are the Resolutions dated September 24, 2003 and June 17, 2004 of the Department of Justice (DOJ) in I.S. No. 00H-736923 for having been allegedly issued with grave abuse of discretion amounting to la...
Promulgated on 2004-12-20

194. CA GR CV 62723: Elizabeth Espiritu vs. Elizabeth Medenilla
This is an appeal under Rule 41 of the 1997 Rules of Civil Procedure, filed by Oppositor-Appellant Elizabeth P. Medenilla, Medenilla) seeking to set aside the Order1 dated February 6, 1997 of the Regional Trial Court, Branch 123 of Caloocan City which di...
Promulgated on 2004-12-20

195. CA GR CR 27671: THE PEOPLE OF THE PHILIPPINES vs. SERGIO BENINSIG
Accused Sergio Beninsig was charged with the crime of Homicide in an Information reading as follows:...
Promulgated on 2004-12-20

196. CA GR SP 85307: VITARICH CORP., vs. NLRC, 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 March 26, 2004 and May 18, 2004 of public respondent National Labor Relations Commission in NLRC CA No. 036925-03...
Promulgated on 2004-12-20

197. CA GR CV 67649: Augusto Villanueva vs. Republic of the Philippines
This is an appeal from the Judgment dated November 29, 1995 of Branch 18, Regional Trial Court, Tagaytay City in Land Registration Case No. TG-605 which granted the application for land registration filed by applicant-appellee Augusto Villanueva involvin...
Promulgated on 2004-12-20

198. CA GR SP 87076: EDGARDO S. DULCERO, vs. AFP- RSBS
Before us is a petition for review of the Orders dated July 27, 2004 and September 27, 2004 of the Regional Trial Court of Caloocan City, Branch 125 in Civil Case No. C-764 for certiorari....
Promulgated on 2004-12-20

199. CA GR SP 85227: Sps. Bartolome C. Guevarra, et al. vs. Sps. Eleuterio & Flavia Santos
This is a petition for review under Rule 43 of the 1997 Rules of Civil Procedure of the Resolution dated November 28, 2003 (Annex "L", p. 75, Rollo) of the Office of the President in O.P. Case No. 00-K-9280 (HLURB Case No. REMA-950214-0014), entitled...
Promulgated on 2004-12-20

200. CA GR CV 79470: JUANITA IMPELIDO DIAZ vs. SPS. DENNIS & MYRNA VALENZUELA
On May 16, 1996, spouses Dennis and Myrna Valenzuela borrowed P30,000.00 from their neighbor, Juanita Impelido Diaz. The spouses executed in favor of Diaz an affidavit (Exhibit "A", Records, p. 72) which states as follows:...
Promulgated on 2004-12-20

201. CA GR SP 78355: SEAOIL REAL PROPERTY, vs. SPOUSES ERNESTO Guiap
Before us is a petition for review of the Decision dated July 10, 2003 of the Regional Trial Court of Quezon City, Branch 102, in Civil Case No.Q-03-49337, reversing and setting aside the Decision dated February 3, 2003 decision issued by the Metropolitan...
Promulgated on 2004-12-20

202. CA GR SP 71091: Elizabeth Patayan, et al. vs. The Hon. RTC, NCR Region, Quezon City, Br. 78, et al.
This is a Petition for Review of the decision of the Regional Trial Court of Quezon City, Branch 78, dated 15 October 2001, in Civil Case No. Q-01-43448 for Unlawful Detainer....
Promulgated on 2004-12-20

203. CA GR CV 71620: MAXIMO SAN ANDRES, et al., vs. Republic
Before us on appeal is the Order dated 14 August 2001 of the Regional Trial Court of Makati City, Branch 133, (RTC) in LRC Case No. M-175 directing the Land Registration Authority to issue a decree of registration and certificate of title over a parcel...
Promulgated on 2004-12-20

204. CA GR SP 87639: PETITION FOR HABEAS CORPUS by Eugenia PARJAN, Isla
Acting on the motion to withdraw petition filed by petitioner Eugenia Parjan-Isla, on the ground that her son, Michael Isla y Parjan, had already been released by the PACER-NCRPO, Camp Bagong Diwa, Taguig, from its custody xxx?, the Court resolves to G...
Promulgated on 2004-12-20

205. CA GR CV 65926: DIOGENES VILLAREAL, et al., vs. INSURANCE LIFE ASSURANCE
The validity of the extrajudicial foreclosure sale of a prime realty owned by plaintiffs Spouses Diogenes and Luzviminda Villareal and the consolidation of title thereof in the name of defendant Insular Life Assurance Co. Ltd. is assailed in the instan...
Promulgated on 2004-12-20

206. CA GR CV 72185: PCCI FINANCE, vs. ROVAL EXPRESS, INC., et al
This is an appeal from the Decision dated 17 September 2001 of the Regional Trial Court (RTC) of Makati City, Branch 135, in Civil Case No. 99-1380....
Promulgated on 2004-12-20

207. CA GR CV 69643: Federico Bantalay, et al vs. Danilo Aroyo, et al
For failure of plaintiffs-appellants to file the required appellants' brief within the reglementary period as stated in the report of the Judicial Records Division dated December 8, 2004, the appeal is hereby DISMISSED pursuant to Section l (e) Rule 50...
Promulgated on 2004-12-17

208. CA GR SP 82690: Martha Bonoan vs. Cristina Garcia, et al
This is a Petition for Review under Rule 43 of the 1997 Rules of Civil Procedure, as amended, which seeks the reversal of the Resolution dated April 23, 2003 and the Order dated February 12, 2004 issued by the Social Security Commission in SSC Case No. 3-...
Promulgated on 2004-12-17

209. CA GR CV 65950: Heirs of Sps. V. Madarang & A. Clemente vs Conjugal Partnership of Sps. J. Vijungco & H. Landrito
On appeal by defendants Conjugal Partnership of Spouses Jose Vijungco & Hilaria Landrito (represented by the Administrator, Ignacio Vijungco) is the Decision3 dated May 3, 1999 of the Regional Trial Court of Sto. Domingo, Nueva Ecija in an action for Dec...
Promulgated on 2004-12-17

210. CA GR SP 75909: A1 Prime Security Services, Inc., et al. vs. NLRC, et al.
Abandonment of work does not per se sever the employer-employee relationship. It is merely a form of neglect of duty which is in turn a just cause for termination of employment. The operative act that will ultimately put an end to this relationship is th...
Promulgated on 2004-12-17

211. CA GR CV 75908: Rosario Queri et al., vs. Hon. Joselito Atienza, et al
This is an appeal from that Decision of Branch 42 of the Regional Trial Court of Manila (hereafter RTC Manila) disposing that:...
Promulgated on 2004-12-17

212. CA GR CV 65930: Sps. Tiglao vs. Sps. Lontoc
Before Us is an appeal from the decision dated 20 December 1999 of Branch 158 of the Regional Trial Court of Pasig City in Civil Case No. 66897,...
Promulgated on 2004-12-17

213. CA GR SP 87580: Philip See vs RTC, Pasig City, Br. 162, et al.
The instant petition for annulment of judgment based on extrinsic fraud and lack of jurisdiction (par. 5, Petition, p. 3, Rollo), is ordered DISMISSED, for being insufficient in form and in substrance....
Promulgated on 2004-12-17

214. CA GR SP 69240: Manila Jockey Club Employees Labor Union-PTGWO vs. Manila Jockey Club, Inc.
This is an appeal, by way of Petition for Review, from the October 18, 2001 Decision and January 25, 2002 Resolution of the National Conciliation and Mediation Board-Panel of Voluntary Arbitrators (NCMB) in ?Manila Jockey Club Employees Labor Union-PTGWO...
Promulgated on 2004-12-17

215. CA GR SP 74018: Pioneer Insurance vs. Keppel Cebu
In this consolidated Petition for Review under Rule 43 of the 1997 Rules of Civil Procedure, both Keppel Cebu Shipyard, Inc. (The Yard, for short) and Pioneer Insurance & Surety Corporation (The Pioneer, for short) assailed the 28 October 2002 Decision1...
Promulgated on 2004-12-17

216. CA GR CR 27578: People vs. Gilbert Salceda y Camacho
For review is the May 16, 2003 Decision1 of the Regional Trial Court of Libmanan, Camarines Sur, Branch 57, finding accusedappellant Gilbert Salceda (Gilbert) guilty beyond reasonable doubt of the crime of Homicide for the killing of Remegio Postre (Re...
Promulgated on 2004-12-17

217. CA GR SP 81545: Selecta Wall's Inc. vs. Hon. Manuel G. Imson, et al.
Assailed in this petition for certiorari which Selecta Wall's Incorporated [Employer] filed under Rule 65 of the 1997 Rules of Civil Procedure, is the resolution dated 06 November 2003 of public respondent Manuel G. Imson, Acting Secretary of Labor and E...
Promulgated on 2004-12-17

218. CA GR SP 73677: Young Shin Phils.Co., Inc. vs. DOLE, et al.
Assailed in this petition for certiorari which Young Shin Philippines Co., Inc. [Employer] filed under Rule 65 of the Rules of Court are the decision1 dated 13 May 2002 of public respondent Director of the Bureau of Labor Relations [BLR] and its resoluti...
Promulgated on 2004-12-17

219. CA GR SP 46926: Wilfredo Damias vs. Edgar Mortiz
On or about eleven o?clock in the morning of July 11, 1994, a public utility jeepney (jeepney), with Plate No. NWW-739, was traveling along the Cubao-bound lane of E. Rodriguez Avenue. On the same date and time a taxi, bearing Plate No. TNK-995, was ma...
Promulgated on 2004-12-17

220. CA GR CR 00132: People vs. Manuel Braga
Alfredo Opriasa (or hereafter Opriasa) at noon of August 18, 2000 was laying dead in Brgy. Banga, Plaridel, Bulacan. The post mortem examination made later that day showed that he died of Hemorrhagic Shock as a result of Multiple Stab Wounds numbered and...
Promulgated on 2004-12-16

221. CA GR SP 67787: Antonio Alejandro, et al. vs. Rafael O. Bongco, et al.
The instant petition under Rule 47 of the Revised Rules of Civil Procedure, seeks to annul the Decision rendered by the Regional Trial Court (RTC) Branch 128, Kalookan City, on September 1, 1995 due to the existence of extrinsic fraud....
Promulgated on 2004-12-16

222. CA GR SP 57524: Fact Finding & Intelligence Bureau vs. Israel G. Estrella, et al.
Acting on petitioner's Motion to Withdraw the above-entitled petition for review, which was re-raffled to the undersigned ponente in view of the retirement of the previous ponente, for reasons therein mentioned, which the Court finds to be meritorious,...
Promulgated on 2004-12-16

223. CA GR SP 87569: 1Lt. Sonny Sarmiento, et al vs. Atty. Avelino Cruz, et al
Under Sec. 3, Rule 102 of the Rules of Court, an application for the writ of habeas corpus shall be by petition signed and verified either by the party for whose relief it is intended, or by some person on his behalf....
Promulgated on 2004-12-16

224. CA GR SP 82074: LEVI STRAUSS (PHILS.), INC., vs. Victorio P. Diaz
Such confusion caused the filing of this Petition for Certiorari under Rule 65 of the 1997 Rules in Civil Procedure where Petitioner assails the ruling of Public Respondent Regional Trial Court, of Makati City, Branch 56 acquitting Private Respondent i...
Promulgated on 2004-12-16

225. CA GR SP 84641: Nestor Valeroso vs. The Ombudsman, et al
In this Petition for Certiorari under Rule 65 of the 1997 Rules of Civil Procedure, petitioner seeks the setting aside of the Order of the Office of the Ombudsman dated June 10, 2004 which placed the petitioner under preventive suspension for a period of...
Promulgated on 2004-12-16

226. CA GR SP 87123: Manuel H. Cruz, Jr., et al. vs. Sps. Barzaba, et al.
Petitioners filed the instant petition for annulment of judgment on the ground that the trial court allegedly ?rendered judgment with grave abuse of discretion tantamount to lack of jurisdiction.?...
Promulgated on 2004-12-16

227. CA GR SP 84888: Antonio Tan, et al vs. RESTITUTO VILLAR
This instant Petition for Review of the decision of the National Labor Relations Commission (NLRC) 2nd Division in NLRC NCR CA-035172-03 (NLRC NCR Case No. 00-05-03139-2002) is hereby ordered dismissed outright for the following reasons to wit:...
Promulgated on 2004-12-16

228. CA GR SP 75698: Hon. Elisea Gozun, vs. Hon. Jose Paneda, et al
This Court rendered a Decision on a Petition for Certiorari dated October 30, 2003 annulling the Order of the Quezon City Regional Trial Court dated February 10, 2003 which granted the writ of mandamus pending appeal against petitioner Secretary of the DE...
Promulgated on 2004-12-16

229. CA GR CR 27854: People vs. Belen Santos
For failure of accused-appellant to file her brief, as per Judicial Records Division Report dated December 6, 2004, the Court resolves to DISMISS the appeal pursuant to Sec. 8, Rule 124, Revised Rules on Civil Procedure....
Promulgated on 2004-12-16

230. CA GR CV 59619: Virgilio Aquino, et al vs. Liberty Bell Trading, et al
Before this Court is an appeal from the Order dated October 27, 1997 dismissing the Complaint2 and ordering the prosecution of counterclaims and cross-claims in a separate action between the parties-litigants....
Promulgated on 2004-12-16

231. CA GR CR 26635: People vs. Junior Antolin, et al.
On appeal is the Decision1 of Branch 51 of the Regional Trial Court of Tayug, Pangasinan, dated May 17, 2002, in Criminal Case No. T-2492, finding accused-appellant Leon Pineda guilty beyond reasonable doubt of homicide, as penalized under Article 249...
Promulgated on 2004-12-16

232. CA GR CV 73991: Alberto Looyuko vs. Jimmy Go
This is an appeal from the Decision of the Regional Trial Court, Branch 213, Mandaluyong City promulgated on January 23, 2002 in LRC Case No. MC-98-038 ordering the cancellation of defendant-appellant s adverse claim on the titles of two parcels of land...
Promulgated on 2004-12-16

233. CA GR SP 82768: Fernando Reyes, et al vs. NLRC, et al
In a Decision dated February 11, 2002, respondent National Labor Relations Commission (NLRC) held that petitioners were illegally dismissed and, therefore, ordered their reinstatement and the payment of all their backwages and benefits. However, upon re...
Promulgated on 2004-12-16

234. CA GR CV 75509: Felomina de Malapit vs. Genoveva Patague, et al
This is an appeal from the decision of Branch 46 of the Regional Trial Court stationed in Urdaneta, Pangasinan in that case for Quieting of Title, Declaration of Nullity of Document and Damages filed by the appellant Filomena Ansotique de Malapit (or here...
Promulgated on 2004-12-16

235. CA GR SP 87598: Victor Africa, vs. Securities and Exchange Commission, et al
For resolution before this Court is a petition for certiorari1 filed by Victor Africa on 30 November 2004. After reviewing the allegations in the said petition, We resolve to DISMISS the same on the following grounds:...
Promulgated on 2004-12-16

236. CA GR SP 87010: Sps. Sujede vs. Lino Javellana
The instant petition is dismissed on the following grounds: (a) In this Court's Resolution dated November 3, 2004, petitioners were given an extension of only 15 days from October 2, 2004 or until October 17, 2004 within which to file their intended peti...
Promulgated on 2004-12-16

237. CA GR SP 62764: Simeon Furio, Jr., et al. vs. Joroma Enterprises, Inc.
This is a joint Petition for Review under Rule 42 of the 1997 Rules of Civil Procedure, as amended, filed by Simeon Furio, Jr. (hereafter ?Furio?) and Arthur Mendoza hereafter ?Mendoza?) seeking to set aside the Joint Decision dated December 13, 2000 re...
Promulgated on 2004-12-16

238. CA GR SP 62979: Wilson International Manpower Services, Inc. vs. The Hon. NLRC-Second Division, et al.
This is a Petition for Certiorari with prayer for Preliminary Injunction and Damages filed under Rule 65 of the 1997 Rules of Civil Procedure, as amended, by Wilson International Manpower Services, Inc. (hereafter ?Petitioner?) represented by Gwendolyn C....
Promulgated on 2004-12-16

239. CA GR SP 81229: United Doctors Service Corp., v. Hon. Romulo Lopez, et al
Subject of the special civil action for certiorari at bar, are the orders issued by the public respondent Presiding Judge of the Regional Trial Court of Manila, Branch 34, dated June 23, 2003 and October 14, 20033 in Civil Case No. 03-106694 granting the...
Promulgated on 2004-12-16

240. CA GR CV 78887: New Line Hardware, et al vs. Conrado Soriano, et al
Appeal from the decision of the Regional Trial Court of Malabon, Branch 170, in Civil Case No. 3197 - MN, the decretal portion whereof reads:...
Promulgated on 2004-12-16

241. CA GR SP 87511: Rolando Duculan vs. Hon. Rosalina Luna, et al
Before this Court is a Petition for Certiorari with Prayer for issuance of Temporary Restraining Order and Writ of Preliminary Injunction filed by Rolando T. Duculan. After a careful perusal of the record, this Court observed that the petition was served...
Promulgated on 2004-12-16

242. CA GR SP 87201: Miguel Zosa, et al vs. Hon. Rommel Baybay, et al
Before this Court is a petition for certiorari under Rule 65 of the 1997 Revised Rules of Court filed by the petitioners on 17 November 2004....
Promulgated on 2004-12-16

243. CA GR SP 87175: Heirs of the Late Rufo Baquillas, vs. Rodolfo Martinez, et al
Before this Court is a Petition for Review of the Decision of the Department of Agrarian Reform Adjudication Board (DARAB) dated July 8, 2004. A perusal of the records reveals that petitioner failed to comply with the Rules of Court specifically:...
Promulgated on 2004-12-16

244. CA GR CV 68401: Dr. Ana Marie Balajadia vs. City Banking Corp.
Before this Court is an appeal from the decision of the Regional Trial Court, Branch 3 of Baguio City....
Promulgated on 2004-12-16

245. CA GR SP 81621: Albert Wao-wao, et al vs. Barnabas Lafasni
Before this Court is a Petition for Review dated 09 December 2003, under Rule 42 of the 1997 Revised Rules of Civil Procedure, which seeks the reversal and the setting aside of the Judgment dated 14 November 2003, rendered by Hon. Artemio B. Marrero of th...
Promulgated on 2004-12-16

246. CA GR SP 80612: FREYSSINET PHILIPPINES, et al vs. NLRC, et al
Before this Court is a Petition for Certiorari assailing the Resolution dated May 30, 20031 rendered by the National Labor Relations Commission for having been issued with grave abuse of discretion. The factual antecedents are as follows:...
Promulgated on 2004-12-16

247. CA GR SP 80881: Asuncion Maniego, et al vs. Hon. Ricardo Rosario, et al
This petition for certiorari under Rule 651 assails the Order dated 26 February 2003 issued by the public respondent denying petitioners Motion to Dismiss, as well as public respondent s Order dated 3 September 2003 denying petitioners Motion for Reconsid...
Promulgated on 2004-12-16

248. CA GR CV 73759: Lydia Mendoza vs. Venaliza Mendoza
Before this Court is an appeal from the civil aspect of the decision of the Regional Trial Court, Branch 60 of Baguio City, finding accused-appellee Venaliza Mendoza not guilty of the crime of estafa, but civilly liable to the complainant-appellant, Lydia...
Promulgated on 2004-12-16

249. CA GR CV 65845: Ma. Rizalia Ragaza, vs. Sps. Rizalino Rivera et al
A complaint for annulment of agreements and breach of contract with damages was dismissed by the trial court due to the failure of the plaintiff to appear at the pre-trial, and the defendants were allowed to present evidence on their counterclaim. The p...
Promulgated on 2004-12-16

250. CA GR SP 84764: Angelito & Purificacion Juliano vs. Hon. Manuel D.J. Siayngco
In this Petition for Certiorari under Rule 65 of the Revised Rules of Court, petitioner spouses ANGELITO AND PURIFICACION JULIANO assail the Order dated April 6, 2004 rendered by the respondent Judge MANUEL D.J. SIAYNGCO of the Regional Trial Court of Ma...
Promulgated on 2004-12-16

251. CA GR CV 75465: Lydia Reyes vs. Republic of the Philippines
Up for consideration is the Application for Original Registration of Title filed by the appellee Lydia S. Reyes, represented by Cynthia Reyes (or hereafter Reyes), over Lot 2 Ccs-01-001824, CAD-565-D, of Manaoag Cadastre, situated in Barangay Babasit, Ma...
Promulgated on 2004-12-16

252. CA GR SP 71612: FRUEHAUF ELECTRONICS, vs. Hon. Alex Quiroz, et al
We have carefully reviewed and appreciated petitioners arguments in seeking a reconsideration of Our October 7, 2004 Amended Decision denying due course to the petition but sadly, We find no compelling or justifiable reason to grant the same....
Promulgated on 2004-12-15

253. CA GR SP 83369: Juliet Catane vs. Dr. FEDESERIO C. CAMARAO
This is a Petition for Review under Rule 43 of the 1997 Rules of Civil Procedure that seeks the reversal of the September 29, 2003 and February 19, 2004 Orders of the Ombudsman which respectively dismissed the complaint of herein petitioner and denied he...
Promulgated on 2004-12-15

254. CA GR SP 80714: John Ocampo vs. People of the Philippines, et al
This petition for certiorari under Rule 65 of the 1997 Revised Rules of Civil Procedure, assails the Order dated 14 January 2003 of the respondent judge, whereby the latter denied the petitioners motion for reinvestigation (motion for preliminary investi...
Promulgated on 2004-12-15

255. CA GR SP 87575: Advanced Fashion vs. NLRC, et al
For failure of petitioners 1) to show that the person who signed the verification and certification of non-forum shopping was duly authorized to do so for the petitioners; 2) to include an affidavit of service in the petition, 3) to attach to the petiti...
Promulgated on 2004-12-15

256. CA GR SP 82716: Elviro Africa vs. Leonardo Ricero
Before Us is a Petition for Review under Rule 43 of the Rule of Court, filed by petitioner ELVIRO C. AFRICA (Africa for brevity), affecting the Decision dated 17 October 2003, rendered by the Honorable Board of Medicine in Administrative Case No. 1656 for...
Promulgated on 2004-12-15

257. CA GR CV 60621: Nora B. Ocile vs. Nenita Olea
On appeal by defendant Nenita Olea is the Decision dated March 2, 1998 of the Regional Trial Court of Iriga City in an action for Damages, entitled Nora B. Ocile vs. Nenita Olea,...
Promulgated on 2004-12-15

258. CA GR SP 83341: Fast manpower Services vs. NLRC, et al
Sought before Us are the Resolutions dated September 1, 2003 and December 30, 2003 both issued by public respondent National Labor Relations Commission (NLRC) which affirmed the Decision dated October 18, 2002 of the Labor Arbiter....
Promulgated on 2004-12-15

259. CA GR CV 79572: Steadfast Insurance vs. Jonathan C. Uy
Before Us on appeal is a Decision (dated February 19, 2003) of the Regional Trial Court (Branch 105) in Quezon City, in Civil Case No. Q-01-44092 (sum of money with damages)....
Promulgated on 2004-12-15

260. CA GR SP 80204: Salome Cagalitan vs. NLRC, et al
In this petition for certiorari under Rule 65 of the Rules of Court, petitioner Salome T. Cagalitan seeks the reversal of the September 20, 2002 Resolution of the National Labor Relations Commission and the Order dated August 6, 2003 denying her motion fo...
Promulgated on 2004-12-15

261. CA GR SP 67216: MEDISERV, Inc., et al. vs Arsenio Ng, et al.
This Court resolves to: (1) NOTE and GRANT intervenor Peach Tree Investment Holdings, Inc.'s Very Urgent Manifestation (About A Manifest Confusion In The Docketing Of The Motion To Intervene)...
Promulgated on 2004-12-15

262. CA GR SP 85384: Lorna Espinosa vs. RAQUEL ESTEPONA, ETC.,
For lack of showing that petitioner s counsel was authorized to sign the certification of non-forum shopping for and in behalf of petitioner, and for failure of petitioner to attach to the petition copies of the complaint, answer, position papers and memo...
Promulgated on 2004-12-15

263. CA GR CV 72330: Trinidad de Matta vs. Rexlon Realty Group
This is an appeal from the Order1 of the Regional Trial Court, Branch 25 of Bi?an, Laguna, dated January 2, 2001, which ordered the rescission of the Contract to Sell entered into by plaintiff-appellee and defendant-appellant company....
Promulgated on 2004-12-15

264. CA GR CV 67993: Maurita V. Lim vs. Kapalaran Bus Line, et al
This is an appeal from the Decision dated November 3, 1999 in Civil Case No. SPL-0013 of Branch 93, Regional Trial Court, San Pedro, Laguna ordering defendants-appellants Kapalaran Bus Line and Ramon M. Santos to pay plaintiff-appellee Maurita V. Lim act...
Promulgated on 2004-12-15

265. CA GR CV 71818: Mercedes Reyes, et al. vs. Frank Rivera
Defendant-appellant Frank Rivera appealed from the Decision dated January 30, 2001 of the Regional Trial Court (RTC) of Valenzuela City, Branch 172, disposing of Civil Case No. 4355-V-94 (For Recovery of Possession and Damages),...
Promulgated on 2004-12-15

266. CA GR CV 74976: Elba Amoranto vs. Ricardo Tagulinao, et al
Sought to be reversed in the instant appeal is the decision of the Regional Trial Court of Pasig City, Branch 162 in Civil Case No. 65292, promulgated on December 18, 2001, as far as it absolves defendant-appellees Ricardo Tagulinao and Anthony Arellano...
Promulgated on 2004-12-15

267. CA GR CV 55667: Cristino Rapsing, et al vs Sps. Marino Rapsing
Before the Court is an appeal from the Decision dated March 9, 1995 of Branch 45, Regional Trial Court, Masbate, Masbate in Special Civil Action No. 4149 for Judicial Partition of Real Estate, wherein the trial court declared the transactions entered int...
Promulgated on 2004-12-15

268. CA GR CV 78017: Vergel A. David vs. Arnela Labayo-David;RP
On appeal by Oppositor Republic of the Philippines is the Decision dated September 10, 2002 of the Regional Trial Court (Family Court) of Angeles City, Third Judicial Region, Branch 60, in Civil Case No. 10204 (For: Annulment of Marriage)...
Promulgated on 2004-12-15

269. CA GR SP 87537: Metro Eye Security vs. NLRC, et al
For having been filed beyond the reglementary period, the instant petition is hereby DISMISSED....
Promulgated on 2004-12-15

270. CA GR CV 70835: Noel B. Tolentino vs. Ma. Corazon P. Hing; R.P.
On appeal by Oppositor Republic of the Philippines is the 20 March 2000 Resolution of the Regional Trial Court of Muntinlupa City, Branch 276, in Civil Case No. 98-232 (for Declaration of Nullity of Marriage),...
Promulgated on 2004-12-15

271. CA GR SP 76091: Belen Paulin, vs. NLRC, et al
Before the Court is a petition for certiorari under Rule 65, 1997 Rules of Civil Procedure assailing the: (i) Resolution dated May 16, 2002 of public respondent National Labor Relations Commission (Second Division) in NLRC NCR 30-02-00585-00 which affir...
Promulgated on 2004-12-15

272. CA GR CV 79336: Paciano Gapasin vs. Reynaldo Que, et al
Before Us on appeal is a Decision (dated April 26, 2002) of the Regional Trial Court (Branch 256) in Muntinlupa City, in Civil Case No. 95-002 (damages)....
Promulgated on 2004-12-15

273. CA GR SP 82114: Benedicta Samson, et al vs. Hon. Geraldine Macaraig, et al
Before Us for resolution is a motion for reconsideration filed by herein petitioners on Our September 28, 2004 Decision which dismissed their petition....
Promulgated on 2004-12-15

274. CA GR CV 76858: Gloria P. Brooks vs. Norma Javate
Appeal from the decision of the Regional Trial Court, Branch 42 of San Fernando City, Pampanga, in Civil Case No. 11442, an action for reconveyance and damages. The decretal portion thereof reads:...
Promulgated on 2004-12-15

275. CA GR CV 60725: Leonides Mercado vs. San Miguel Corp., et al
Before us is an Appeal filed by the plaintiff-appellant Mercado and third-party defendant-appellant EASCO seeking to reverse and set aside the Decision dated April 13, 1998 of the Regional Trial Court, Branch 55 of Manila in Civil Case No. 92-60426, the ...
Promulgated on 2004-12-15

276. CA GR CV 68788: Severo Cordero vs. Gilbert Villota
Before this Court is an appeal from the Decision dated September 15, 1999 of the Regional Trial Court (RTC) of Quezon City, Branch 92, in Civil Case No. Q-98-35160 for breach of contract and damages with preliminary attachment, the dispositive portion o...
Promulgated on 2004-12-15

277. CA GR CV 61055: Sps. Danilo Maquindang vs, Republic of the Philippines
This is an appeal from the Order dated August 25, 1998 of the Regional Trial Court, Branch 83 of Malolos, Bulacan in Civil Case No. P-249-97 entitled In Re: Petition for Reconstitution and Issuance of Second Owner s Copy of Transfer Certificate of Title N...
Promulgated on 2004-12-15

278. CA GR SP 76075: Belen Gonzales vs. Terocel Realty
This pertains to the petitioners motion for reconsideration filed on 24 March 2004, seeking for the reconsideration of the Decision dated 20 February 2004, the decretal portion of which reads:...
Promulgated on 2004-12-15

279. CA GR SP 67838: Grand Alliance Metal, vs. NLRC, et al
Before this Court is a petition for certiorari and prohibition under Rule 65 of the Rules of Court assailing the Decision dated August 30, 2001 rendered by the National Labor Relations Commission (NLRC), Third Division, in NLRC-NCR CA 025058-2000 (NCR 00...
Promulgated on 2004-12-15

280. CA GR SP 74116: Skippers United Pacific vs. NLRC, et al
BEFORE US is a motion for reconsideration filed by the petitioner through counsel on 09 March 2004, seeking for the reconsideration of the Decision dated 30 January 2004, the text of which reads:...
Promulgated on 2004-12-15

281. CA GR SP 79443: Trinidad Olbe vs. Rebecca Palomillo
This is a petition for review seeking to set aside the decision, dated 09 September 2003, of the Regional Trial Court, Fifth Judicial Region, Branch 12, City of Ligao, in Civil Case No. 2253, which on appeal reversed and set aside the decision, dated 1...
Promulgated on 2004-12-15

282. CA GR CV 60969: Dr. Domingo Malapitan, et al vs. Republic of the Philippines
Before this Court is an appeal filed by the Republic of the Philippines, through the Solicitor General, from the Decision of the Regional Trial Court of Masbate, Masbate, Branch 46, dated May 18, 1998 in LRC Case No. 440 which granted the Application for...
Promulgated on 2004-12-15

283. CA GR CV 61337: Octoarts Entertainment v. Henry Fernandez, et al
This is an appeal from the February 10, 1998 decision of the Regional Trial Court of Quezon City, Branch 105, in Civil Case No. Q-26759, dismissing plaintiff s Complaint for Damages against the defendantappellee Henry Fernandez....
Promulgated on 2004-12-15

284. CA GR CV 56395: Josefina Tagulabong v. Dionisio Pineda, et al
Before this Court is an appeal from the order1 of the Regional Trial Court of Caloocan City, Branch 125 dated January 22, 1997 dismissing the Petition For Annulment and Cancellation of Titles filed by the plaintiff -appellant, through her counsel....
Promulgated on 2004-12-15

285. CA GR SP 69146: LWW Construction vs, NLRC, et al
For consideration before this Court is a petition for certiorari under Rule 65 of the Rules of Court assailing the following:...
Promulgated on 2004-12-15

286. CA GR SP 68188: BF General Insurance vs. Hon. Juan Nabong, et al
Before this Court is a petition for certiorari, prohibition and mandamus with prayer for the issuance of writ of preliminary injunction under Rule 65 of the Rules of Court which seeks to annul and set aside the Order2 dated July 27, 2001 issued by the...
Promulgated on 2004-12-15

287. CA GR CV 60280: dela Cruz vs. Necita Cajucom
This is an appeal from the joint decision, dated 02 February 1998, of the Regional Trial Court, Third Judicial Region, Branch 63, Tarlac, Tarlac, in Civil Cases Nos. 7554, 7555, 7556 and 7558, filed by Necita E. Cajucom, the defendant in Civil Case No....
Promulgated on 2004-12-15

288. CA GR CV 61480: Ruben Lovendino vs. Sps. Serrano
This is an Appeal from the Decision1 of the Regional Trial Court (RTC) of Irosin, Sorsogon, Branch 55 dated October 30, 1997, in Civil Case No. 511, for Collection of Sum of Money With Damages...
Promulgated on 2004-12-15

289. CA GR SP 78751: Land Bank of the Phil. vs. Hon. Ernesto P. Pagayatan, et al.
This is a petition for review under Rule 42 of the 1997 New Rules of Civil Procedure pursuant to Section 60 of Republic Act 6657 seeking for the reversal and setting aside of the Order dated 24 June 2003 as well as the Order dated 28 July 2003, denying r...
Promulgated on 2004-12-15

290. CA GR SP 84422: Olarte Hermanos vs. Securities and Exchange, et al
Assailed in this petition for review under Rule 43 is the Order dated May 4, 2004 of the Securities and Exchange Commission (SEC) in SEC En Banc Case No. 03-04-12 (For Change of Corporate Name) denying petitioner s appeal from the ruling of the Office of...
Promulgated on 2004-12-15

291. CA GR SP 76148: Home Guaranty Corp., vs. Financial Building Corp., et al
On January 21, 2004, this Court rendered a Decision in the above-entitled case dismissing the petition for certiorari questioning the respondent court s Orders dated November 6, 2002 and January 16, 2003 in Civil Case No. 02-018. Within the reglementary p...
Promulgated on 2004-12-15

292. CA GR SP 79263: Phil. Savings Bank, vs. HON. LEOPOLDO L. BARAQUIA, et al
Before us for resolution is a Motion for Admission of Attached Motion for Reconsideration on our October 12, 2004 Decision filed by herein private respondent....
Promulgated on 2004-12-15

293. CA GR SP 79260: Alvin Salgarino vs. NLRC, et al
Acting on petitioner s motion for reconsideration of this Court s July 20, 2004 Decision denying due course to the petition, we find no cogent or justifiable reason to grant the same....
Promulgated on 2004-12-15

294. CA GR SP UDK 5244: Ferdie dela Cruz, et al vs. NLRC, et al
For failure of the petitioners to attach copies of pleadings and documents relevant and pertinent to their petition for certiorari, the instant petition is hereby DISMISSED pursuant to the last paragraph of Section 3, Rule 46 in relation to Section 2, sec...
Promulgated on 2004-12-15

295. CA GR SP 81244: Meriel San Miguel - Balcos vs NLRC et.al.,
This is a Petition for Certiorari assailing the Resolution dated September 20, 2002 of the public respondent National Labor Relations Commission (NLRC)in NLRC NCR CA No. 031258-02, dismissing the appeal interposed by petitioner and affirming the Decisio...
Promulgated on 2004-12-15

296. CA GR SP 82066: Eliezer Castro, et al vs. Hon. Judge of RTC Br. 68
In a Resolution dated February 26, 2004,1 the Court noted that the instant petition suffered from several procedural deficiencies. Initial action was thus deferred until petitioner, who was given a non-extendible period of fifteen (15) days, shall have r...
Promulgated on 2004-12-15

297. CA GR CR 27065: People vs. Nestor Yu y Gacos
Before us is an Appeal filed by accused NESTOR YU Y GACOS , from the Decision dated October 2, 2002 of the Regional Trial Court, Branch 54, Gubat, Sorsogon, in Criminal Case No. 1918 entitled People of the Philippines versus NESTOR YU Y GACOS, finding hi...
Promulgated on 2004-12-15

298. CA GR CV 59938: Jose Gonzales vs. Bicol Agro-Industrial
For review is the Decision dated 12 March 1998 of the Regional Trial Court, Fifth Judicial Region, Tabaco, Albay, Branch 16, declaring the negligence of defendant-appellant Bicol Agro-Industrial Producers Cooperative, Inc. as the proximate cause of the v...
Promulgated on 2004-12-15

299. CA GR SP 85899: Rebecca Arquero, vs. Hon. Edilberto de Jesus, et al
This is an appeal from the decision of the Regional Trial Court of Palawan, Branch 95, Puerto Princesa City in Civil Case No. 3854 for quo warranto with prayer for issuance of temporary restraining order and/or injunction, the dispositive portion of which...
Promulgated on 2004-12-15

300. CA GR CR 27246: People vs. Reynaldo Hipolito
Before Us for resolution is a motion for reconsideration filed by herein accused-appellant on Our decision promulgated on August 20, 2004 convicting him of Homicide....
Promulgated on 2004-12-15

301. CA GR SP 84230: PIO ROQUE S. COQUIA, vs. NLRC, et al
Before this Court is a petition for Certiorari under Rule 65 of the Rules of Court assailing the Resolution dated December 17, 2003 in NLRC Case SUB-RAB 01-07-11-0304-98 DC NLRC NCR CA No. 020987-99 entitled Pio Roque S. Coquia, Jr., Complainant(s), vers...
Promulgated on 2004-12-14

302. CA GR SP 83817: Geralyn Nevado vs. Heirs of Alfredo Alzate
Before this Court is a Petition for Review under Rule 42 of the 1997 Rules of Civil Procedure assailing the Decision dated December 11, 2003 as well as the Order dated April 2, 2004, denying the motion for reconsideration, of the Regional Trial Court,...
Promulgated on 2004-12-14

303. CA GR CV 77816: Delfin Flores, et al vs. Republic
Appeal from the decision of the Regional Trial Court, First Judicial Region, Branch 28 of San Fernando City, La Union in LAND REG. CASE NO. 2445, L.R.A. REC. NO. 68783 granting appellees Petition for Registration of Lot No. 11363-A, CAD 739-D, San Juan, L...
Promulgated on 2004-12-14

304. CA GR CV 76768: DRA. TERESITA R. SANCHEZ, vs. EDMUNDO RIVERA
For failure of oppositor-appellant to file the required appellant s brief within the reglementary period, which expired on April 12, 2004, despite notice, the case is considered ABANDONED and accordingly DISMISSED pursuant to Section 1 (e) Rule 50 of t...
Promulgated on 2004-12-14

305. CA GR SP 87273: SPS. CRISOSTOMO TAGACAY, vs. FELIX DUMON,
Before us is a Petition for Review of the Decision dated August 10, 2004 of the Regional Trial Court (RTC) of Echague, Isabela, Branch 24, which reversed the decision of the Metropolitan Trial Court (MTC) of Echague, Isabela, in Civil Case No. 1028, as...
Promulgated on 2004-12-14

306. CA GR SP 82067: del Mundo vs. Hon. Floro Alejo, et al
Impugned in this Petition for Certiorari, as tainted with grave abuse of discretion, are: (1) The Order issued on July 7, 2003 by the Hon. Floro P. Alejo of the Regional Trial Court, Valenzuela City, Branch 172, declaring therein defendants, now petition...
Promulgated on 2004-12-14

307. CA GR CV 61153: Jocelyn Cuyo vs. Simplicio Gacutan, et al
This is an appeal filed by Oppositor-Appellant Republic of the Philippines, through the Office of the Solicitor General (OSG) questioning the May 25, 1998 Decision (Rollo, pp. 22-30) of the Regional Trial Court of Palawan and Puerto Princesa City, Branch...
Promulgated on 2004-12-14

308. CA GR SP 81877: ASSET PRIVATIZATION TRUST vs. PHILIPPINE SUGAR CORPORATION
In this petition for review under Rule 43 of the Rules of Civil Procedure, We are once more tasked to interpret a provision in the contract entered into by the contending parties....
Promulgated on 2004-12-14

309. CA GR CV 60829: Rosalinda Pangilinan vs. Republic of the Philippines, et al
Before us is an appeal filed by the oppositor-appellant Republic of the Philippines, through the Office of the Solicitor General, of the decision of the Regional Trial Court of Malabon, Metro Manila, Branch 170 dated August 6, 1998....
Promulgated on 2004-12-14

310. CA GR SP 72630: Cipriana Buazon vs. Enrico Ramos
Assailed in the present petition for review is the Decision of the Regional Trial Court (RTC), Branch 77, San Mateo, Rizal, dated May 12, 2002 which affirmed the Decision of the Municipal Trial Court (MTC) of San Mateo Rizal, dated December 12, 2001, the...
Promulgated on 2004-12-14

311. CA GR SP 87500: Urban Corp. v. Hon. Edilberto Claravall, et al
Before us is a Petition for Certiorari filed by the petitioner, through its counsel. Paragraph 3 of the Verification/ Certification provides:...
Promulgated on 2004-12-14

312. CA GR CR 27774: THE PEOPLE OF THE PHILIPPINES vs. JOHN MERCADO and HELEN VALENCIA
This is an appeal from the Order dated January 13, 2003 issued by the Regional Trial Court of Legazpi City in Civil Case No. 9283, citing John Mercado and her attorney-in-fact, Helen Valencia, for indirect contempt....
Promulgated on 2004-12-14

313. CA GR CR 28162: PEOPLE OF THE PHILIPPINES vs. TEODULO PAUNAN y ESTRADA
In Criminal Case No. 02-204705, the Regional Trial Court of Manila, Branch 35, convicted Teodulo E. Paunan beyond reasonable doubt for illegal possession of Methamphetamine Hydrochloride (Shabu), in violation of Republic Act No. 9165, otherwise known...
Promulgated on 2004-12-14

314. CA GR SP UDK 5257: AETA INDIGENOUS, et al vs. JUDGE OFELIA TUAZON-PINTO, et al
Represented by the National Commission on Indigenous Peoples (NCIP) and headed by Barangay Captain Bienvido Capuno as well as People s Organization Pagkakaisa ng mga Aeta sa Kamias Chairman Edwin Abuque, petitioner Aeta Indigenous Cultural Community of Ba...
Promulgated on 2004-12-14

315. CA GR SP 87447: Roberto Inigo et al vs. BPI Family Savings Bank, et al
The Court resolves to DISMISS herein Petition for Certiorari with Prayer for Temporary Restraining Order and/or Preliminary Injunction for failure to state the specific material dates when the assailed Orders dated 18 February 2004, 28 June 2004 and 18 Oc...
Promulgated on 2004-12-14

316. CA GR CV 77195: Sps. Mariano Gutierrez vs., Republic of the Philippines
Before this Court is an appeal from the decision dated April 12, 2002 of the Metropolitan Trial Court, Fourth Judicial Region, Cuenca, Batangas in Land Reg. Case No. 002-99, LRA Record No. 71970, entitled, In Re: Application for Land Registration, Sps. Ma...
Promulgated on 2004-12-14

317. CA GR SP 62258: ESTANISLAO CAPAGUA, vs. LAMBERTO B. LAUGUICO
The two parties to this case both claim to be in actual possession of a piece of land and accusingly point to one another as the deforciant. But it was the respondent Lamberto Lauguico who first filed a forcible entry case within the reglementary period...
Promulgated on 2004-12-14

318. CA GR SP 74492: Metropolitan Bank vs. Hon. Hernando Perez, et al
Before this Court is a Petition For Certiorari and Mandamus assailing the resolutions dated February 19, 2002 and October 21, 2002 of the Department of Justice in I.S. 97R-34249 entitled METROPOLITAN BANK & TRUST COMPANY, Complainant, versus ROGELIO REYN...
Promulgated on 2004-12-14

319. CA GR SP 78965: Faustino Salud vs. Office of the President, et al
This petition for review under Rule 43 of the Rules of Court seeks to overturn: (1) The Resolution dated May 29, 2003 issued by the Office of the President, in O.P. Case No. 001-F-9473, affirming the resolution dated January 31, 2001 of the Presidential C...
Promulgated on 2004-12-14

320. CA GR CV 78570: Valino vs. Danilo Arenas, et al
This is an appeal from the decision, dated 16 December 2002, of the Regional Trial Court, Third Judicial Region, Branch 28, Cabanatuan City, in Civil Case No. 3729-AF, the dispositive portion of which reads:...
Promulgated on 2004-12-14

321. CA GR SP 69161: Allandale Sportsline Inc. vs. NLRC, et al.
Subject of this disposition is the Motion for Reconsideration filed by petitioner praying that the December 3, 2003 Decision of this Court be reversed and set aside. Petitioner anchored its prayer on the following arguments:...
Promulgated on 2004-12-14

322. CA GR SP 85233: Manotok Services, Inc. vs. Victor Bernardo, et al.
For review is the Decision of the Regional Trial Court (RTC) of Manila, Branch 33, in Civil Case No. 04-108999, which affirmed in toto the Decision of the Metropolitan Trial Court, Manila, Branch 20, in Civil Case No. 172593-CV, an unlawful detainer ca...
Promulgated on 2004-12-14

323. CA GR SP 80651: Jerry Maguad, et al vs. NLRC, et al
BEFORE US is a motion for reconsideration filed by counsel for the respondents, seeking for the reconsideration of the Decision dated 27 July 2004, the decretal portion of which reads:...
Promulgated on 2004-12-14

324. CA GR SP 80301: Mori International Agency vs. NLRC, et al
On 21 November 2003, a Resolution was issued by this Court, the dispositive portion of which reads:...
Promulgated on 2004-12-14

325. CA GR SP 86160: Virginia Basaya, vs. Social Security System
This is a petition for review under Rule 43 seeking to reverse and set aside the decision of respondent Social Security System (SSS) dismissing petitioner s appeal from the denial of her claim by the Employees Compensation Commission (ECC)....
Promulgated on 2004-12-14

326. CA GR CV 50796: Josefina Katigbak vs, Petra Nuyda
Before us is an appeal from the decision dated March 24, 1995 of the Regional Trial Court, Branch 5, Baguio City in Civil Case No. 1904-R, the dispositive portion of which reads:...
Promulgated on 2004-12-14

327. CA GR CV 65436: Ben Medrano vs. Dev. Bank of the Philippines
This is an appeal from the January 26, 1999 Decision of the Regional Trial Court, Branch 158, Pasig City, in Civil Case No. 42703, an action for specific performance and damages,...
Promulgated on 2004-12-14

328. CA GR CV 63303: Rodelo Estrellado vs. Dionisia Capuno, et al
Before us is an appeal from the 04 March 1999 Decision of Branch 30, Regional Trial Court of San Pablo City in Civil Case No. SP-4764, dismissing appellant s Complaint for Annulment of Partition and ordering him to pay attorney s fees and litigation expen...
Promulgated on 2004-12-14

329. CA GR CR 25942: People vs. Arthur Antonio
Before us is an appeal from the August 9, 2001 Decision handed down by the Regional Trial Court of Antipolo City, Branch 73, finding accused-appellant guilty of Homicide in Criminal Case No. 94-11690 and of Slight Physical Injuries in Criminal Case No. 94...
Promulgated on 2004-12-14

330. CA GR SP 86736: Junito Camalla, et al vs. Juanita Caval
This is a petition for review under Rule 42 seeking to reverse and set aside the Decision dated August 11, 2004 of the Regional Trial Court of Naga City, Branch 26 affirming the judgment2 of the Municipal Circuit Trial Court of Magarao-Canaman, Camarines...
Promulgated on 2004-12-14

331. CA GR SP 87599: Benigno S. Montera vs. Hon. Karina Constantino-David, et al.
Petitioner Benigno S. Montera seeks the nullity of Resolution No. 041057 dated September 28, 2004 of the Civil Service Commission (CSC), which denied his motion for reconsideration of Resolution No. 030416 dated March 28, 2003 dismissing his complaint...
Promulgated on 2004-12-14

332. CA GR SP 87638: Land Bank of the Philippines vs. Hon. Judith M. Tungol, et al.
This Petition for Certiorari assails the twin Joint Orders dated November 25, 2003 and September 21, 2004 of the Provincial Agrarian Reform Adjudicator in DARAB Case Nos. IIIT-1629-98, III-T-1634-98, III-T-1727-99, III-T-2035-01 denying Petitioner?s Peti...
Promulgated on 2004-12-14

333. CA GR SP 80532: Caterpillar Inc. vs. Manolo Samson, et al
In this Petition for Certiorari under Rule 65 of the 1997 Rules of Civil Procedure, Caterpillar Incorporation seeks to nullify the 31 January 2003 Order of the Regional Trial Court of Mandaluyong City, Branch 211 in Criminal Case No. MC02-5019, the fall...
Promulgated on 2004-12-13

334. CA GR CV 75674: Benby Enterprises vs. Emmanuel Nartatez
The appellee Benby Enterprises, Inc. (hereafter Benby, Inc.) successfully sued for Sum of Money the appellant Emmanuel Nartatez (or Nartatez) who does business as NM NARTATEZ MARKETING....
Promulgated on 2004-12-13

335. CA GR CV 74927: Artemio Gavino, et al vs. Paulino Sabban, et al
The appellees spouses Artemio Gavino and Luzviminda Lim-Gavino (hereafter referred to collectively as the Gavinos or individually by their first names) sued the appellants siblings Paulino Sabban, Gregoria Sabban and Juanita Sabban (or referred to colle...
Promulgated on 2004-12-13

336. CA GR SP 52853: Hideliza Ongsiako vs. Hon. Makasiar
Before this Court is a petition for certiorari assailing the Order2 dated March 11, 1999 issued by the Regional Trial Court (RTC) of Manila, Branch 35 in Civil Case No. 98-90447 and its Order3 dated April 22, 1999 denying the motion for reconsideration...
Promulgated on 2004-12-13

337. CA GR CV 74851: Heirs of Juan and Vicenta Gonzaga, vs. Republic
BEFORE US is the motion for reconsideration filed by Oppositor- Appellant Republic of the Philippines represented by the Office of the Solicitor General on 16 February 2004, seeking for the reconsideration of the Decision dated 28 January 2004, the dec...
Promulgated on 2004-12-13

338. CA GR SP 71010: Westminster Highschool vs. Pyramid Construction
This treats of the Motion for Reconsideration (Rollo, p. 905) dated January 3, 2003 filed by herein respondent Pyramid Construction Engineering Corporation from the decision dated October 30, 2002 rendered by this Court, through Justice Brawner, in CA-...
Promulgated on 2004-12-13

339. CA GR SP 55532: People et al., vs. Hon. Monina Zenarosa, et al
Before this Court is a Petition for Certiorari with prayer for the issuance of a Temporary Restraining Order and Writ of Preliminary Injunction under Rule 65 of the Rules of Court assailing the Order dated June 10, 1999 issued by the Regional Trial Cour...
Promulgated on 2004-12-13

340. CA GR SP 87653: Alfredo A. Mangilin vs. Teodoro C. Linsangan, et al.
An urgent motion for extension of time to file a petition for review was filed by petitioner on November 16, 2004, allegedly the last day for them to file said petition, praying for an additional period of thirty (30) days, or until December 16, 2004,...
Promulgated on 2004-12-13

341. CA GR SP 87476: Matrix Corporate Security, et al vs. NLRC, et al
A perusal of the Petition for Certiorari shows that the Certification of Non-Forum Shopping was executed and signed by Julio M. Mateo, Recruitment and Training Officer of petitioner corporation, without the corresponding certification from the Board Secr...
Promulgated on 2004-12-13

342. CA GR SP 85959: Philippine Overseas, et al vs. Securites and Exchange Commission, et al
This treats of private respondents: (1) Motion for Reconsideration (Re: Resolution dated October 25, 2004)1, (2) Manifestation (Re: Compliance with October 25, 2004 Resolution), and (3) Manifestation as well as public respondents Comment4 (With Motion To...
Promulgated on 2004-12-13

343. CA GR CV 72970: The Provincial Government of Bulacan vs. Milagros Quinto
Challenged in this appeal is the Resolution of Branch 22 of the Regional Trial Court of Bulacan (or RTC for brevity) in that Petition for the Reconstitution of the Original of TCT No. T-13022 of the Register of Deeds of Bulacan filed by appellant Milag...
Promulgated on 2004-12-13

344. CA GR CV 63773: Carivans Industrial vs. Sps. Pedro Bolos, Jr.
Before us is an appeal from the Decision of the Regional Trial Court, Branch 32, Manila, which dismissed the complaint for sum of money filed by plaintiff-appellant against defendants-appellees....
Promulgated on 2004-12-13

345. CA GR CR 23810: People vs. Susan Lim
Accused-appellant Susan Lim was charged before the Regional Trial Court, Branch 105, Quezon City with the crime of qualified theft in an Information which reads:...
Promulgated on 2004-12-13

346. CA GR SP 86881: V-one Electronic, vs. NLRC, et al
Before Us is a Petition for Certiorari filed by petitioners on October 13, 2004....
Promulgated on 2004-12-13

347. CA GR SP 72705: Building Care, Corp., vs. NLRC, et al
Before us is a petition for certiorari seeking to set aside the Decision dated October 31, 2001 of the National Labor Relations Commission (NLRC) affirming the Decision of the Executive Labor Arbiter finding private respondent to have been constructively...
Promulgated on 2004-12-13

348. CA GR SP 80935: Fortune Integrated Textile Workers Union, et al vs. NLRC, et al
Finding no new matter of substance that would warrant the modification much less the reversal of the October 4, 2004 Decision of this Court, the Motion for Reconsideration filed by petitioners is hereby DENIED for lack of merit....
Promulgated on 2004-12-13

349. CA GR SP 87129: Luzviminda Torres, et al vs. Rosario Romero
On November 16, 2004, this Court issued a Resolution granting petitioners until November 3, 2004 within which to file their petition for review....
Promulgated on 2004-12-13

350. CA GR SP 56152: Acmad Mimbisa Alauya vs. National Amnesty Commission
Before this Court is a Petition for Review under Rule 43 of the Rules of Court which seeks to reverse and set aside Resolution No. D-98-8213 of the National Amnesty Commission dated January 7, 1999 as well as its Resolution dated November 4, 1999 denyi...
Promulgated on 2004-12-13

351. CA GR SP 56861: SPOUSES ROBERT ZURAEK, et al., vs. Hon alexander Tamayo, et al
Before this Court is a petition for certiorari with prayer for the issuance of a writ of preliminary injunction and temporary restraining order under Rule 65 of the Rules of Court which seeks to annul and set aside the Order dated November 10, 1999 issued...
Promulgated on 2004-12-13

352. CA GR CV 73648: AAP Management, vs. Sps. Mauro Mesina
On January 14, 2000 the appellee AAP Management, Inc. (or hereafter AAP) filed suit against the appellants spouses Mauro and Celita Mesina (or the Mesinas) for Declaration of Nullity of Contract and Damages....
Promulgated on 2004-12-13

353. CA GR CV 74912: Nelly Catera et al vs. William Juan
The appellees Nelly A. Catera and her sons Warnel and Sherwin (hereafter called collectively the Cateras or individually by their first names) successfully sued her maternal uncle, the appellant William A. Juan (or Juan), for Damages. The appealed Decis...
Promulgated on 2004-12-13

354. CA GR SP 87490: EUFRACIO PITARGUE, et al., vs. Mun. of Sta. Cruz, Laguna
Before Us is a Petition for Review which seeks to annul and set aside the Decision dated October 18, 2004 of the Regional Trial Court of Santa Cruz, Laguna, Branch 27, in Civil Case No. 4282 for Ejectment. The assailed Decision affirmed in toto the decisi...
Promulgated on 2004-12-13

355. CA GR CV 74523: CORNELIS VAN DER DOES, vs. MANFRED J. DE KONING
This pertains to the defendant appellee s motion for reconsideration filed on 10 February 2004, seeking for the reconsideration of the Decision dated 12 January 2004, the dispositive of which reads:...
Promulgated on 2004-12-13

356. CA GR SP 77672: Provident International Resources vs. Commission en Banc., et al
This is a Petition for Review under Rule 43 of the 1997 Rules of Civil Procedure, as amended seeking to reverse and set aside the Order dated May 27, 2003 of the Securities and Exchange Commission (SEC) En Banc (hereafter Commission en banc) in CRMD-AA-Ca...
Promulgated on 2004-12-13

357. CA GR SP 83655: Sammat Linkwork, et al vs. Hon. Ma. Luisa Padilla, 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 annul and set aside the Orders dated October 27, 2003 and February 17, 2004 of the Honorable Ma. Luisa Quijano-Padilla, Presidi...
Promulgated on 2004-12-13

358. CA GR SP 75835: Ligaya Avelino vs. Hon. Vilma Pauig, et al
This is a Petition for Certiorari, Prohibition, Mandamus under Rule 65 of the 1997 Rules of Civil Procedure, as amended, with Injunction and Temporary Restraining Order which seeks to set aside the Orders dated May 24, 2002, September 4, 2002, and January...
Promulgated on 2004-12-13

359. CA GR CV 80801: Efficient Unvestors et al vs, Marcosa Sabale
This is an appeal filed by oppositor-appellant Marcosa Sabale (hereafter appellant) from the Order dated July 28, 2003 of the Regional Trial Court, Branch 22, Imus, Cavite in LRC Case No. 2077-02. The dispositive portion of which reads as follows:...
Promulgated on 2004-12-13

360. CA GR SP 87452: Universal Staffing Serv., et al. vs NLRC, et al.
The instant petition for certiorari is ordered DISMISSED, as the verification and certification of non-forum shopping is signed by Yolanda de Castro, as the President/General Manager of petitioner-corporation, without showing any authority from the Boar...
Promulgated on 2004-12-13

361. CA GR CV 64431: Reynaldo Pecara vs. Sanpo Shipping, et al
BEFORE US is a motion for reconsideration filed by defendant appellants/ third party plaintiff-appellants through counsel on 17 September 2003, seeking for the reconsideration of the Decision dated 28 August 2003, the decretal portion of which reads:...
Promulgated on 2004-12-13

362. CA GR CV 68423: Patrocinio Zari vs. Jovito dela Uso
This pertains to the Motion for Reconsideration filed by the defendant-appellants through counsel on 16 February 2004, seeking for the reconsideration of the Decision date 12 January 2004, the dispositive portion of which reads:...
Promulgated on 2004-12-13

363. CA GR CV 61845: Tomas O. Santiago vs. Manila Electric Company
This is an appeal assailing the propriety of the November 23, 1998 Decision of the Regional Trial Court (RTC) Branch 90, Quezon City in Civil Case No. Q-94 21984, entitled Tomas O. Santiago, plaintiff (appellant) versus Manila Electric Company, defenda...
Promulgated on 2004-12-13

364. CA GR SP 81286: FLORA VDA. DE SARMIENTO, et el. vs. PABLITO ANDRES,
This is a Petition For Review filed in accordance with Rule 43 of the Revised Rules of Court seeking to annul and set aside the Decision of the Department of Agrarian Reform Adjudication Board (DARAB) dated December 10, 2003, in DARAB Case No. 9248...
Promulgated on 2004-12-13

365. CA GR CR 28483: People vs. Raul Onido y San Luis
For consideration is the accused-appellant's Motion to Withdraw Appeal filed thru counsel and with the conformity of the accused himself....
Promulgated on 2004-12-13

366. CA GR CV 72104: Sps. Prudencio Diaz, vs. Republic
This is an appeal interposed by the Republic through the Office of the Solicitor General (OSG) assailing the Decision dated 29 March 2001 of the Municipal Trial Court in Cities (MTCC) of Lipa City, Fourth Judicial Region, which granted the application fo...
Promulgated on 2004-12-13

367. CA GR SP 78191: Toyota Autoparts Phil. Inc. vs. The Secretary of DOLE
This is a Petition for Certiorari with application for preliminary injunction and/or temporary restraining order over: (a) respondent Med Arbiter's Order1 dated February 10, 2003 directing that a certification election be conducted among petitioner's ran...
Promulgated on 2004-12-13

368. CA GR CV 47498: I.P.L. Incorporated vs.Jolliville Realty
This is an appeal from the decision of the Regional Trial Court, Branch 53, Manila, granting the compulsory counterclaim for unpaid rents and attorney s fees of Jolliville Realty and Development, Inc. against I.P.L., Incorporated after the latter was decl...
Promulgated on 2004-12-13

369. CA GR SP 87381: Marilou Galauran vs Hon. Leonardo Gonzales, et al.
The instant petition is ordered dismissed for failing to attach the registry receipts as proof of service thereof to the respondents by registered mail. The affidavit of service in the petition mentions that the public and private respondents were served...
Promulgated on 2004-12-13

370. CA GR SP 86224: Joselito Panahon vs Ramon Angelo Mauricio
For failure to file the petition for review despite the extension earlier granted by this Court, the same is deemed ABANDONED, and this case ordered CLOSED and TERMINATED....
Promulgated on 2004-12-13

371. CA GR SP 81118: FRANCO K. JURADO, JR., vs. NLRC, et al
In this Petition for Certiorari under Rule 65 of the 1997 Rules of Civil Procedure, petitioner Franco K. Jurado, Jr. seeks the nullity and setting aside of the 11 December 2002 Resolution of the National Labor Relations Commission in NLRC CA No. 031466...
Promulgated on 2004-12-13

372. CA GR CV 77511: Security Finance Inc. vs Evelyn Samson et.al.,
This is an appeal from the decision dated January 6, 2003 of the Regional Trial Court, Branch 64, Makati City, in Civil Case No. 97-1069 entitled Security Finance, Inc., vs. Evelyn Samson and Heirs of Pablito Samson for Petition for Relief from Judgmen...
Promulgated on 2004-12-13

373. CA GR SP 85485: Criselda Pulmano et al., vs. The Ombudsman, et al
Before the Court is a Petition for Certiorari under Rule 65 of the 1997 rules of Civil Procedure assailing the 06 August 2003 Decision1 of Atty. Marlon T. Molina, Graft Investigation Officer I of the Ombudsman, declaring herein petitioners guilty of fal...
Promulgated on 2004-12-13

374. CA GR SP 85194: Emmanuel C. Cabanlong vs NLRC et.al.,
Before Us is a Petition for Certiorari under Rule 65 of the Rules of Court, seeking to set aside the August 29, 2003 and February 27, 2004 Resolutions of the National Labor Relations Commission, and instead, to affirm the Decision of the Labor Arbiter fin...
Promulgated on 2004-12-13

375. CA GR CV 59903: Carmen Velez-Ting vs. Benjamin Ting
BEFORE US is a motion for reconsideration filed by respondent appellant through counsel, seeking for the reconsideration of the Amended Decision dated 17 November 2003, the decretal portion of which reads:...
Promulgated on 2004-12-13

376. CA GR SP 78089: Siemens, Inc., vs. The NLRC, et al
These are Motion for Reconsideration filed by private respondent and Partial Motion for Reconsideration filed by petitioner of this Court s decision dated May 31, 2004, the dispositive portion of which reads as follows:...
Promulgated on 2004-12-13

377. CA GR CV 75919: FGU Insurance Corp., vs. 2100 Customs Brokers, Inc.
This is an appeal from the Decision (Records, pp. 178-186) of the Regional Trial Court of Makati City, Branch 148 in Civil Case No. 99-928 dated 4 July 2002 for Damages decided in favor of plaintiff-appellee, the dispositive portion of which reads:...
Promulgated on 2004-12-13

378. CA GR CV 69889: DRA. JUDEA G. PALOMATA, vs. Republic
The Republic of the Philippines, through the Office of the Solicitor General, appeals from the decision dated January 11, 2001 of the Regional Trial Court of Malabon, Branch 169, in SP Proc. No. 592-MN, In the matter of the Cancellation of the Birth Certi...
Promulgated on 2004-12-13

379. CA GR SP 86986: Formaply Industries vs. Hon. Winlove Dumayas, et al
A perusal of the Petition for Certiorari shows that the Certification of non-Forum Shopping was executed and signed by one Rowena V. Erum-Orozco, duly authorized representative of petitioner corporation, without the corresponding certification from the B...
Promulgated on 2004-12-13

380. CA GR CV 75329: Agapito Ibusca, et al vs. Julio Feliciano, et al
This is an appeal from the Decision dated January 31, 2002 rendered by the Regional Trial Court (RTC), Branch 68, Camiling, Tarlac, in Civil Case No. 98-02 cam, for Cancellation of Title and Damages, the dispositive portion of which reads:...
Promulgated on 2004-12-13

381. CA GR CV 76456: Jose Lara, et al vs. Heirs of the late Maximo Ramos, et al
This is an appeal from the Order dated July 29, 2002, rendered by the Regional Trial Court (hereafter RTC), Branch 257, Para?aque City in Civil Case No. 02-0116 for Quieting of Title and Damages with Temporary Restraining Order and Preliminary Injunction;...
Promulgated on 2004-12-13

382. CA GR SP 74328: Moca, Inc., vs. Hon. Rosario Cruz, et al
Assailed in this petition for certiorari is the Resolution dated July 12, 2002 of respondent Judge denying petitioner s application for a writ of preliminary injunction, as well as the Resolution dated October 10, 2002 denying the motion for reconsider...
Promulgated on 2004-12-10

383. CA GR SP 79277: Alfredo Mission, et a., vs. NLRC, et al
BEFORE US is the motion for reconsideration filed by petitioner Elpidio Calipay through counsel, seeking for the reconsideration of the Decision dated 24 August 2004, the decretal portion of which reads:...
Promulgated on 2004-12-10

384. CA GR SP 84166: EUFEMIA HAMADA, et al vs. Regional Trial Court of Baguio, et al
This Court reviewed the records of this case vis-?-vis petitioners contentions in their Motion for Reconsideration and found no new circumstances or compelling reasons that would warrant modification or reversal of this Court s decision dated September 2...
Promulgated on 2004-12-10

385. CA GR CR 28067: People vs. Reynaldo Bautista, et al
BEFORE US is the accused-appellants motion for reconsideration filed on 27 August 2004, seeking for the reconsideration of the Resolution dated 09 August 2004, the decretal portion of which reads:...
Promulgated on 2004-12-10

386. CA GR CV 78656: Philippine Automotive, vs. Land Transportation, et al
This is an appeal from the Order dated September 26, 2002 of the Regional Trial Court of Olongapo City, Branch 72, in Civil Case No. 367-0-2002, dismissing the plaintiff-appellant s Complaint on the ground of forum shopping....
Promulgated on 2004-12-10

387. CA GR CR 27441: Norma Loyola vs. Gliceria de Leon
BEFORE US is a motion for reconsideration filed by petitioner through counsel on 15 September 2004, seeking for the reconsideration of the Decision dated 30 July 2004, the decretal portion of which reads:...
Promulgated on 2004-12-10

388. CA GR CR 27400: People vs. Rolando Angara
BEFORE US is a motion for reconsideration filed by ccusedappellant Rolando Angara through counsel seeking for the reconsideration of the Decision dated 24 August 2004, the decretal portion of which reads:...
Promulgated on 2004-12-10

389. CA GR SP 87357: Sps. Ramon Manuel, et al vs. Miss Alice Buan, et al
BEFORE US is a Petition for Annulment of Judgment Based on a Fictitious Real Estate Mortgage under Rule 47 of the 1997 Rules of Court filed on 04 November 2004....
Promulgated on 2004-12-10

390. CA GR SP 87696: Eladio Morayag vs. Leoncio Dimagiba Ramos, et al
Petitioner is the defendant in a case for ejectment filed against him by the respondent before the MTCC of Malolos. A decision was rendered by the MTCC ordering petitioner to vacate the premises. On appeal, this decision was affirmed by the RTC of Malo...
Promulgated on 2004-12-10

391. CA GR SP 73065: Gilbert Patoc vs. Librado Mendoza, et al
The respondent Librado Mendoza was joined by his caretakers Leonardo and Crisanta Tongo in commencing an action for forcible entry against the petitioner Gilbert Patoc with the Municipal Trail Court of Calabanga, Camarines Sur. They claimed to be the act...
Promulgated on 2004-12-10

392. CA GR SP 83497: Asiamed Supplies vs. NLRC, et al
On a complaint filed by the respondent Simplicio Roa Jr., the Labor Arbiter held that he was illegally dismissed by his employer, the petitioner Asiamed Supplies and Equipment Corporation. Consequently, the petitioner was ordered to reinstate the respon...
Promulgated on 2004-12-10

393. CA GR SP 81667: Lancelot Lee vs. Hon. Antonio Eugenio et al
Assailed in the instant petition are the Orders dated September 11, 20031 and November 3, 2003 issued by the Regional Trial Court, Branch 24, Manila, in the case entitled People of the Philippines versus M-QOWZ Manufacturing Corporation, Lancelot Lee, M...
Promulgated on 2004-12-10

394. CA GR SP 64561: Oriental Assurance Corp., vs. Hon, Concepcion Vergara, et al
We address the question of the interpretation of a decision of the Regional Trial Court of Manila in civil case 94-70505 which assessed the petitioner Oriental Assurance Corporation and other parties with sums of money payable to the respondent Solidb...
Promulgated on 2004-12-10

395. CA GR CR 26155: People vs. Princeneil Penuliar
Assailed on appeal by accused PRINCENEIL PENULIAR is the Decision dated January 25, 2002 of the Regional Trial Court, Branch 75, Olongapo City, in Criminal Case No. 190-98 entitled People of the Philippines versus PRINCENEIL PENULIAR and ARMAR P. SONGUAD...
Promulgated on 2004-12-10

396. CA GR SP 73918: Arnel Mangalindan vs. NLRC, et al
This is a Petition for Certiorari filed by petitioner Arnel F. Mangalindan under Rule 65 of the Rules of Court seeking to annul and set aside the Resolution of the Second Division of the National Labor Relations Commission dated January 31, 2002, which d...
Promulgated on 2004-12-10

397. CA GR CR 27658: People vs. Jimmy Mendiola
This is an appeal interposed by Jimmy Mendiola (hereafter appellant) from the Joint Decision dated October 11, 2002 rendered by the Regional Trial Court (hereafter RTC), Branch 172, Valenzuela City in Criminal Case Nos. 109-V-99 for Malversation of Public...
Promulgated on 2004-12-09

398. CA GR SP 87415: Ma. Solita Ubaldo vs. NLRC, et al
After a careful scrutiny of the petition filed, the following defects were noted: a) the petition was filed out of time; and b) the attached verification does not comply with the form prescribed by Section 4, Rule 7 of the Rules of Court. By reason o...
Promulgated on 2004-12-09

399. CA GR CR 25797: PEOPLE VS. ERNESTO MAURICIO
This is an appeal interposed by accused Ernesto Mauricio who was charged with Violation of Section 10 (a) of Republic Act No. 7610 otherwise known as "The Special Protection of Children Against Child Abuse, Exploitation and Discrimination Act"...
Promulgated on 2004-12-09

400. CA GR CV 59927: VICTOR CLEMENTE, ET. AL VS. SPOUSES ANTONIO and CORDELIA TANGHAL
This is an appeal from the decision of the RTC-Branch 20 of Malolos, Bulacan...
Promulgated on 2004-12-09

401. CA GR SP 83879: Rizalina Ongpauco, et al. vs. Hon. Modesto C. Juanson, et al..
Before Us is a petition for certiorari and prohibition with prayer for the issuance of a temporary restraining order1 seeking to annul and set aside the decision2 dated December 11, 2003 of public respondent Hon. Modesto C. Juanson of the Regional Trial ...
Promulgated on 2004-12-09

402. CA GR SP 84815: Rural Bank of Paranaque, Inc. vs. Secretary of Dept. of Justice
Private respondent Gregory N. Taguiba wrote an article entitled ?The Anglican Church Going to the Dogs? and was published on April 15, 2002 in Mountain Province Exponent....
Promulgated on 2004-12-09

403. CA GR SP 84553: Sps. Salarda vs. Hon. Adelaida R. Crisostomo-Reyes, et al.
The instant petition under Rule 65 of the Revised Rules of Civil Procedure, seeks to nullify the Orders of February 23, 2004, which denied petitioners? motion to dismiss petition with prayer to cite petitioner?s (private respondent herein) responsible off...
Promulgated on 2004-12-09

404. CA GR CV 68202: Sps. Orlando & Prescilla Tantoco vs. Republic of the Philippines
This is an appeal from the Decision dated April 12, 1999 of Branch 58, Regional Trial Court, Angeles City in Special Proceedings No. 5648 which granted the petition filed by petitioners-appellees spouses Orlando Tantoco and Prescilla Tantoco for adoption...
Promulgated on 2004-12-09

405. CA GR CV 66262: MAXIMA OLIVEROS BONZON, et al vs. EDILBERTO ALFONSO JOCSON, et al
Assailed in this appeal is the Decision dated October 6, 19992 in Civil Case No. 2626-MN of Branch 74, Regional Trial Court, Malabon which dismissed the complaint for recovery of possession and ownership and nullification of TCT No. 1209 filed by plainti...
Promulgated on 2004-12-09

406. CA GR SP 83058: ENRIQUEZ SECURITY SERVICES,INC. vs. NATIONAL LABOR RELATIONS COMMISSION, et al.
This petition for certiorari under the 1997 Rules on Civil Procedure assails the Order of the National Labor Relations Commission (NLRC, for brevity) dated August 23, 2002 (Annex O, Petition, Rollo, pp. 108-110) denying petitioners' writ of execution,...
Promulgated on 2004-12-09

407. CA GR SP 87509: Jeany Co Lim, et al vs. HON. ELEUTERIO F. GUERRERO, et al
A perusal of the records of the instant Petition for Certiorari under Rule 65 of the 1997 Rules of Court reveals the following infirmities and/or deficiencies, to wit:...
Promulgated on 2004-12-09

408. CA GR SP 73503: Vision DL Distributors vs. NLRC, et al
Before Us is a motion for reconsideration filed by petitioners through counsel on 18 June 2003, seeking for the reconsideration of the Decision dated 30 May 2003, the dispositive of which reads:...
Promulgated on 2004-12-09

409. CA GR SP 87066: Heirs of Artuor REyes vs. Elena Socco-Beltran
A perusal of the records of the instant petition shows the following defects and/or infirmities, to wit:...
Promulgated on 2004-12-09

410. CA GR CV 68762: The REgion Bank vs. Sp. Ben Co
For resolution before this Court are (1) petitionerappellee s manifestation and motion to dismiss appeal1 filed on 18 August 2003; and (2) respondents-appellants comment thereto filed on 18 June 2004....
Promulgated on 2004-12-09

411. CA GR SP 76803: Romeo and Letecia Wines, vs. Rex Book Store, et al
BEFORE US is a motion for reconsideration filed by petitioners through counsel, seeking for the reconsideration of the Decision dated 23 May 2003, the decretal portion of which reads:...
Promulgated on 2004-12-09

412. CA GR SP 87248: Walter Lim, vs. Judge Zorayda Salcedo, et al
A thorough evaluation of the records shows that the petition suffers from the following defects and/or infirmities, to wit: ...
Promulgated on 2004-12-09

413. CA GR SP 74006: Skunac Corp., vs. Miguel Lim, et al
On 30 June 2003, this Court rendered a Decision, the dispositive portion of which reads:...
Promulgated on 2004-12-09

414. CA GR CV 65569: City of Pasig vs. Maura Puzon, et al
BEFORE US is the plaintiff-appellant s motion for reconsideration filed on 19 December 2003, seeking for the reconsideration of the Decision dated 28 November 2003, the decretal portion of which reads:...
Promulgated on 2004-12-09

415. CA GR CV 70120: Laureta Surat, et al vs. Rogelio Baniqued, et al
This pertains to the defendant-appellants motion for reconsideration filed on 08 December 2003, seeking for the reconsideration of the Decision dated 27 October 2003, the decretal portion of which reads:...
Promulgated on 2004-12-09

416. CA GR CV 71895: Goldwell Properties vs. Sps. Manuel Tan
Before this Court is an ordinary appeal filed by appellant assailing the following Orders issued by Hon. Percival Mandap Lopez of the Regional Trial Court, National Capital Judicial Region, Branch 78, Quezon City in Civil Case No. Q-99-38979, entitled Go...
Promulgated on 2004-12-08

417. CA GR CV 72885: Touchgold Realty vs. The Director of Land, et al
Before the Court is an ordinary appeal on the 13 March 2001 Decision of the Regional Trial Court, Fourth Judicial Region, Branch 2, Batangas City in LRC Case No. N-1368 for Registration of Title, the dispositive portion of which reads as follows:...
Promulgated on 2004-12-08

418. CA GR SP 61600: Antonio Serrano vs. Galant Maritime Services, et al
In this Petition for Certiorari under Rule 65 of the 1997 Rules of Civil Procedure, petitioner Antonio M. Serrano assailed the 15 June 2000 Decision1 of the respondent Commission in NLRC NCR CA No. 021743-99 which affirmed with modification the 15 July...
Promulgated on 2004-12-08

419. CA GR SP 82999: Col. Juan Villanueva, et al vs. Nelson M. Santos, Jr
Before this Court is an appeal filed in special cases assailing the Resolution dated 27 August 2003 and Order dated 08 December 2003 issued by the Regional Trial Court, Branch 67 of Pasig City, presided by Hon. Judge Mariano M. Singzon, Jr., in the case e...
Promulgated on 2004-12-08

420. CA GR CV 78076: Sps. Petronilo Layug vs. Sps. Alberto Nuqui
In this appeal, defendants-appellants Spouses Remedios and Alberto Nuqui seek to nullify the 27 August 2002 Decision of the Regional Trial Court of Angeles City, Branch 57 in Civil Case No. 8736 which ordered, among others, Spouses Nuqui to surrender or d...
Promulgated on 2004-12-08

421. CA GR SP 75959: La Loma Holdings vs. Hon. Vilma Pauig, et al
Before the Court is a Petition for Certiorari under Rule 65 of the 1997 Rules of Civil Procedure assailing the 12 November 2002 Order of the Regional Trial Court of Tuguegarao City, Branch 2, the fallo of which reads, as follows:...
Promulgated on 2004-12-08

422. CA GR CV 70449: Sps. Teofilo de Duzman vs. Marinette Cruz, et al
This is an ordinary appeal from the Decision dated 21 December 2000 rendered by Hon. Aurora Santiago-Lagman of the Regional Trial Court of Bulacan, Third Judicial Region, Branch 77, Malolos in Civil Case No. 122-M-98 for Sum of Money and Damages, the disp...
Promulgated on 2004-12-08

423. CA GR CV 76309: Jesus M. Gozun, vs. Jose Teofilo Mercado
This is an appeal filed by defendant-appellant Jose Teofilo T. Mercado from the Decision (Records, pp. 136-140) of the Regional Trial Court of Angeles City, Branch 57, dated 10 April 2002 in Civil Case No. 9231 for Sum of Money decided in favor of plain...
Promulgated on 2004-12-08

424. CA GR SP 76987: Eduardo Litonjua, et al vs. Hon. Santiago Estrella, et al
This treats of the Motion for Reconsideration filed on 15 April 2004 by private respondent Antonio K. Litonjua, Jr. affecting the decision of this Court promulgated on 31 March 2004, the decretal portion thereof reads:...
Promulgated on 2004-12-07

425. CA GR CV 69664: Jose Sonza, vs. Milagros Gratuito Sonza
BEFORE US is a motion for reconsideration filed by the respondent appellant seeking for the reconsideration of the Decision dated 30 December 2003, the decretal portion of which reads:...
Promulgated on 2004-12-07

426. CA GR SP 81501: Edgardo Luz vs. Hon. Pedro Gutierrez, et al
This treats of the Motion For Reconsideration (Rollo, p. 144) dated September 7, 2004 filed by respondent Ernanie Patawaran (hereafter, MOVANT) through counsel. With the filing of the Opposition (Rollo, p. 165) dated October 4, 2004, the Motion For Recon...
Promulgated on 2004-12-07

427. CA GR SP 80457: Gloria Jean Chaves vs NLRC, et al.
After a careful analysis of the arguments raised by petitioner's Motion For Reconsideration and those contained in the opposition thereto filed by the respondents, We find no justifiable reason to modify, reconsider or amend the decision rendered in thi...
Promulgated on 2004-12-06

428. CA GR SP 73304: Rolando Pontigon vs Hon. Adelaida Reyes, et al.
After carefully perusing petitioner's Motion For Reconsideration dated July 24, 2003, We find no cogent, justifiable ground to modify or reconsider the decision rendered in this case dated June 26, 2003. Grounds Nos. I to IV of the said motion are mere...
Promulgated on 2004-12-06

429. CA GR SP 76402: Microsoft Corp. vs Rolando Manansala, et al.
After a careful analysis of the arguments raised by petitioner's Motion For Reconsideration and those contained in the opposition thereto filed by the respondents, We find no justifiable reason to modify, reconsider or amend the decision rendered in this...
Promulgated on 2004-12-06

430. CA GR CR 25551: Leo Asuncion, Jr. vs People
We have assiduously perused the arguments raised in petitioner's Motion for Reconsideration dated December 3, 2003, and those contained in respondent's Comment thereto, and found the Motion offering no compelling reason to modify or reverse the judgment...
Promulgated on 2004-12-06

431. CA GR CV UDK 8051: Ricky Reyes vs. Sps. Manuel & Leah Ruiz, et al
For failure of plaintiff-appellant to comply with the Resolution dated June 17, 2004 on the payment of docket fees, despite the extended period granted to plaintiff-appellant which lasted until July 24, 2004, the present appeal is dismissed (Section 1[c],...
Promulgated on 2004-12-06

432. CA GR CV 78955: Marjorie B. Lopingco vs. Traders Royal Bank, Jerome Solco and the Register of Deeds of Makati
On appeal before this Court is the Decision dated March 24, 2003 of Branch 63, Regional Trial Court of Makati City, in civil Case No. 93-2530,...
Promulgated on 2004-12-06

433. CA GR SP 74692: Roger Galit vs. The NLRC, et al
In view of the Manifestation and Motion filed by the petitioners on November 24, 2004, attaching thereto a copy of their Quitclaim and Release, the private respondents Motion for Reconsideration has been rendered moot and academic....
Promulgated on 2004-12-06

434. CA GR CV 79692: Gerardo De Leon et al vs. Samuel Baluis, et al
The present appeal seeks a reversal of the judgment of the trial court granting a compulsory right of way over the property of respondents in favor of petitioners land on its western boundary as to provide access to the existing provincial road....
Promulgated on 2004-12-06

435. CA GR SP 81960: Philam Insurance vs. Hon. Oscar Pimentel, et al
This is a petition for Certiorari under Rule 65 of the 1997 Rules of Civil Procedure with prayer for a temporary restraining order and/or writ of preliminary injunction filed by petitioner, Philam Insurance Co., Inc., seeking to reverse and set aside the ...
Promulgated on 2004-12-06

436. CA GR CV 61792: DANIEL TAN, vs. ROBERTO TORRES, et al
In the event of a double sale of personal property, the vendees have the right to sue the vendor for breach of contract, the aggrieved party having the right to elect between rescission or specific performance, with the right to ask for damages in eit...
Promulgated on 2004-12-06

437. CA GR CV 58979: New Hampshire Insurance, vs. Eleazar Malvarosa, et al
Before this Court is an appeal filed by defendant Eleazar S. Malvarosa seeking the nullification of the decision rendered by Branch 134, RTC, Makati City, in Civil Case No. 92-2339, the dispositive portion of which reads, to wit:...
Promulgated on 2004-12-06

438. CA GR CV 58628: Ma. Isabel Mendoza vs. Benjamin Chua, Sr.
Before us is an appeal from the decision of the Regional Trial Court (RTC) of Lingayen, Pangasinan, Branch 69 which dismissed plaintiff-appellant s complaint for Recognition and Support with Damages against the defendant-appellee....
Promulgated on 2004-12-06

439. CA GR SP 81538: Asia Link Shipping Lines, vs NLRC, et al.
After assiduously perusing the arguments raised in petitioner's Motion for Reconsideration dated July 30, 2004, and those contained in private respondent's Comment thereto, We find the Motion offering no compelling reason to modify or reverse the decisio...
Promulgated on 2004-12-06

440. CA GR CV 73460: NAPOCOR, vs. Arcadio T. Cruz, et al
This Court, in its Decision dated November 7, 2003, affirmed with modification the decision of the trial court dated September 17, 2001. Defendant-appellant Moldex Realty, Inc. moved to reconsider the decision of this court. Plaintiff-Appellant elevated...
Promulgated on 2004-12-02

441. CA GR SP 86796: Arnel Prestoza vs. Judge Estrelita Paas, et al
Before Us is a petition praying for the recall of a bench warrant issued by the Metropolitan Trial Court, Branch 45 of Pasay City and for the issuance of a preliminary mandatory injunction to compel public respondent to recall the same....
Promulgated on 2004-12-02

442. CA GR SP 87369: Jaovil Realty vs. Sps. Arthur Galele
Before us is the Motion for Second Extension of Time to File Petition for Review under Rule 43, 1997 Rules of Civil Procedure as Amended filed by petitioner through its counsels Gorospe Gorospe Jamon and Gorospe under the signature of Atty. Amor R. Gorosp...
Promulgated on 2004-12-02

443. CA GR SP 79933: Hears of Sps. Cornelio Medina vs. Office of the President
This is an appeal by way of Petition for Review under Rule 43 of the 1997 Rules of Civil Procedure, as amended, of the Decision dated November 4, 2002 rendered by the Office of the President of the Philippines in O.P. Case No. 96-L-6342, the dispositive p...
Promulgated on 2004-12-02

444. CA GR CV 78500: Fiesta Marketing Corp., vs. Paterno Carino
Appeal by writ of error from the Decision1 of the Regional Trial Court of Dagupan City, Branch 41, in Civil Case No. 2001-0086-D, the decretal portion whereof reads:...
Promulgated on 2004-12-02

445. CA GR CV 64266: Francine de Ano, et al vs. Japan Airlines
This is an appeal interposed by appellant Japan Airlines (JAL for brevity) from the Decision dated 12 April 19991 rendered by the Regional Trial Court of Makati City, Branch 145, in Civil Case No. 92-2758 for Damages, the dispositive portion of which read...
Promulgated on 2004-12-02

446. CA GR CV 69475: Commonwealth of Australia vs. Felsan Realty
This is an appeal interposed by appellant Felsan Realty and Development Corporation (Felsan for brevity) from the Decision dated 23 October 2000 rendered by the Regional Trial Court of Makati City, Branch 65, in Civil Case No. 98-2773 for Declaration of ...
Promulgated on 2004-12-02

447. CA GR CV 63540: FRANKLIN ECHIVARIA, vs. Republic
Before this Court is an appeal filed by the Office of the Solicitor General seeking the nullification and the setting aside of the decision rendered by Branch 74 of the Metropolitan Trial Court of Taguig, Metro Manila, in Land Registration Case No. 67, th...
Promulgated on 2004-12-01

448. CA GR CV 70819: Elena Cortez vs. Pepito Cortez, et al
Before the Court is an appeal from the Decision dated February 27, 1998 in Civil Case No. 1982-MN of Branch 74, Regional Trial Court, Malabon, Metro Manila which granted the complaint for Annulment of Title and Reconveyance of Real Estate with Damages fi...
Promulgated on 2004-12-01

449. CA GR SP 81808: AMA Computer College vs NLRC, et al.
We have assiduously perused the arguments raised in petitioner's Motion for Reconsideration dated September 20, 2004, and those contained in private respondents' Comment thereto, and found the Motion offering no compelling reason to modify or reverse the...
Promulgated on 2004-12-01

450. CA GR SP 86131: Manuel Yaranon vs. The Hon. Rose Mary Alim, et al.
This is a Petition for Certiorari under Rule 65 of the Revised Rules of Court praying for the setting aside of the March 31, 2004 Order of the public respondent, Presiding Judge of Branch 33, Regional Trial Court, Bauang, La Union, in Civil Case No. 14...
Promulgated on 2004-12-01

451. CA GR SP 86584: Sara Lee Philippines vs. Hon. Antonio Eugenio, Je., et al
Assailed in this petition for certiorari under Rule 65 is the Order dated May 28, 2004 granting private respondent s motion to quash Search Warrant Nos. 03-3396 and 03-3397, as well as the Order dated July 16, 2004 denying petitioner s motion for reconsid...
Promulgated on 2004-12-01

452. CA GR CV 76586: Carlos de Leon, et al vs. Sps. Bernardino Pena
This is an appeal interposed by appellant spouses Bernardino and Emelinda Pena from the Decision dated 16 September 2002 rendered by the Regional Trial Court of Paranaque City, Branch 257, in Civil Case No. 97-045 for Damages with Ex-parte Application for...
Promulgated on 2004-12-01

453. CA GR CV 61031: Cecilia & Danilo Gipulan vs. Mario & Jocelyn Paz de Leon
At bar is an appeal from the Decision dated July 2, 1998 of the Regional Trial Court (RTC), Branch 80, Morong Rizal, in Civil Case No. 475-T, an action for a sum of money,...
Promulgated on 2004-12-01

454. CA GR CV 75210: Juan Zarate, vs. P.G. TOMAS CO., INC.
Finding no compelling justification or valid reason to modify, alter or reverse this Court s decision dated July 28, 2004, defendant-appellant s Motion for Reconsideration is hereby DENIED for lack of merit....
Promulgated on 2004-12-01

455. CA GR SP 87458: Epifanio San Juan vs. REgional Trial Court, et al
This is a petition for certiorari filed by the petitioner assailing four orders of the trial court, namely the orders of December 2, 2003, February 27, 2004, June 11, 2004 and September 8, 2004....
Promulgated on 2004-12-01

456. CA GR CV 79228: Sps. Ricardo Soriano, et al vs. Mariano Francisco Tang
Plaintiffs-appellants have filed two successive motions for extension to file brief seeking to extend their deadline to August 17, 2004. Be that as it may, no brief has been filed as per report of the Judicial Records Division on November 24, 2004. Pur...
Promulgated on 2004-12-01

457. CA GR CR 27025: Susan Go, vs. The People et al
Before this Court is a petition for review under Rule 42 of the Rules of Court assailing the decision1 dated September 12, 2002 and the Order dated December 9, 2002 of the Regional Trial Court (RTC), First Judicial Region, Branch 44, Dagupan City in Crimi...
Promulgated on 2004-12-01




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