Today is Saturday, September 20, 2014
  
 

Promulgated Decisions and Resolutions
for March, 2005

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

1. CA GR CV 68547: Vilma Calo-Gregorio, Atty. Edmundo R. Calo vs. Federico Gregorio, Vilma G. Balcita
Before this Court, on appeal, is the Decision dated 29 May 2000 rendered by the Regional Trial Court of San Fernando, La Union, Branch 27 in Civil Case No. 5017, entitled "Vilma Calo-Gregorio, through her Attorney-in-Fact Edmundo R. Calo vs. Federico...
Promulgated on 2005-03-31

2. CA GR CV 70743: Peyette Machineries vs. Premiere Development Bank
Premiere Development Bank appeals the Decision dated February 16, 2001 of Branch 70, Regional Trial Court, Pasig City in Civil Case No. 65548 for Damages which disposed in this wise:...
Promulgated on 2005-03-31

3. CA GR CV 70441: Leoncio Romano et al vs. Mercedes Barrera et al.
The subject of this appeal is the Decision dated October 3, 2000 of the Regional Trial Court, Branch 15, Naic, Cavite, denying plaintiffs-appellants Complaint for Quieting of Title,...
Promulgated on 2005-03-31

4. CA GR CV 69599: Philippine Airlines, Inc., vs. Vicente Almario
The appeal by each party herein relates to the Decision dated October 25, 2000 dismissing the complaint for the recovery of sum of money which the Philippine Airlines, Inc. had incurred for the training course of its employee, Vicente S. Almario, and at...
Promulgated on 2005-03-31

5. CA GR SP 85230: Pedro Cabalquinto Sr. vs Gloria P. Panilan
Petitioner by this Petition for Review under Rule 42 of the Rules of Court impugns the adverse decisions rendered by both the Metropolitan Trial Court and the Regional Trial Court of Quezon City, which ordered his eviction from the property subject of thi...
Promulgated on 2005-03-31

6. CA GR CV 68669: Phil. Industrial Engineering vs. Alon Development Corp, et al
Feeling aggrieved by the Decision1 dated August 31, 1998 of Branch 138, Regional Trial Court, Makati City, appellant Alon Development Corporation filed this appeal, alleging that:...
Promulgated on 2005-03-31

7. CA GR CV 66178: Virginia Sibal, et al vs. Roberto Mojares, Jr. et al
Aggrieved by the Decision1 dated November 4, 1999 by Branch 135, Regional Trial Court, Makati City in Civil Case No. 92-1395, Roberto Mojares. Jr. and Roberto Juamis filed this appeal, faulting the trial court:...
Promulgated on 2005-03-31

8. CA GR CR 00060: People vs. Bernardino Gaffud, Jr.
HC - On appeal is the Decision of the Regional Trial (RTC) of Madella, Quirino, Branch 38, rendered in Criminal Case No. 1125. Under the said decision, the RTC held herein accused-appellant Bernardino Gaffud, Jr. guilty beyond reasonable doubt of two cou...
Promulgated on 2005-03-31

9. CA GR CV 83665: WILHELMINE POTATO, vs. Carmelo dela Pena, et al
APPELLANTS, by counsel, to this Honorable Court intend to withdraw as they hereby withdraw the appeal in the abovecationed case, their decision having been obtained by undersigned counsel last March 4, 2005, a photocopy of the letter of Appellant Perciva...
Promulgated on 2005-03-31

10. CA GR SP 82917: Phil. Ports Authority vs Hon. Paterno V. Tac-an et.al.
In this petition for certiorari with prayer for issuance of temporary restraining order (TRO) and writ of preliminary injunction, the Philippine Ports Authority (PPA) seeks: (1) the annulment of the Order1 dated November 6, 2003 of the Regional Trial Co...
Promulgated on 2005-03-31

11. CA GR CV 80409: Belinda G. Morada vs Antonio S. Morada
This is an appeal from the Resolution of dismissal dated February 20, 2003 issued by the Regional Trial Court, Branch 253, Las Pi?as City, in Civil Case No. LP-99-0039 entitled Belinda G. Morada vs. Antonio s.Morada, et al. for Annulment of Deed of Sale a...
Promulgated on 2005-03-31

12. CA GR CV 78741: Lea N. Salvador vs Napoleon D. Salvador
The Solicitor-General by this appeal, is impugning, for insufficiency of evidence, the judgment rendered by the court a quo which granted a wife's release from matrimonial status based on her spouse's alleged psychological incapacity...
Promulgated on 2005-03-31

13. CA GR SP 87935: Pilipinas Bank (Prudential Bank) vs. Raymundo O. Chuanico, Housing Land Use & Reulatory Board
Before Us is a Petition for Review under Rule 43 of the 1997 Revised Rules of Civil Procedure with prayer for Temporary Restraining Order/Preliminary Injunction assailing the November 22, 2004 Decision of the Office of the President. In the instant pe...
Promulgated on 2005-03-31

14. CA GR CR 00755: People vs. Honorato Beltran
On appeal, via intermediate review, is the Decision convicting appellant Honorato Beltran, Jr. of murder,imposing upon him the penalty of reclusion perpetua and ordering him to pay the heirs of the victim, Norman Concepcion, actual and moral damages....
Promulgated on 2005-03-31

15. CA GR CV 80611: Sps. Tomas Mendiola, et al vs. Financiera Manila
There being no Appellant s Brief filed by plaintiffs-appellants as of March 3, 2005, per report1 by the Judicial Records Division, despite receipt by counsel for plaintiffs-appellants of the Notice to File Brief on October 25, 2004 requiring the latter to...
Promulgated on 2005-03-31

16. CA GR SP UDK 5296: Marlon Canedo, et al vs. NLRC, et al
A Petition for Certiorari1 seeking to nullify the Decision2 dated February 20, 2004 and the Resolution3 dated November 9, 2004 of the National Labor Relations Commission was filed by petitioners on the ground that the same were rendered/issued with gr...
Promulgated on 2005-03-31

17. CA GR SP 83170: Nella Mangubat vs Government Service Insurance System (GSIS)
Submitted for our decision is the petition for review filed by petitioner Nella Mangubat (the petitioner). The petition seeks the review of the March 10, 2004 Decision of the Employees Compensation Commission (the Commission) in ECC CASE NO....
Promulgated on 2005-03-31

18. CA GR SP 83804: Maripaz Handicrafts, Inc. vs NLRC (first division)
This is a Petition for Certiorari under Rule 65 of the Rules of Court filed by petitioners Maripaz Handicrafts, Inc. (Maripaz), Glenn San Luis (Glenn) and Allen San Luis (Allen). Maripaz and Glenn were the respondents before the Labor Arbiter...
Promulgated on 2005-03-31

19. CA GR SP 66021: Conrado Pascual, et al. vs. Judge Helen B. Ricafort, et al.
Before Us is a Petition filed under Rule 65 of the 1997 Rules of Civil Procedure seeking the extraordinary writs of certiorari, and prohibition, with prayer for a temporary restraining order, against the July 18, 2001 Order of the respondent judge...
Promulgated on 2005-03-31

20. CA GR CV 69942: Paper City Corp. of the Phils. vs. Union Bank, Rizal Commercial Banking Corp., Metrobank
This is an appeal interposed by appellant Paper City Corporation of the Philippines from the Order dated 30 October 2000 rendered by the Regional Trial Court of Caloocan City, Branch 125, in Civil Case No. C-18907 for Annulment of Extrajudicial...
Promulgated on 2005-03-31

21. CA GR CV 80265: Luis Adornado, et al. vs. City of Legazpi, et al.
This is an appeal from the Order dated April 2, 2003 of the Regional Trial Court (RTC) of Legazpi City, Branch 6, which dismissed plaintiffs-appellants' complaint against defendants-appellees Land Bank of the Philippines and the City of Legazpi...
Promulgated on 2005-03-31

22. CA GR SP 60287: Radio Communications of the Philippines, Inc. (RCPI) vs. Hon. Abednego O. Adre, etc., et al.
The spouses Dante and Gilda Medrano filed with the Regional Trial Court (Branch 88, Quezon City), a Complaint for Damages against Radio Communications of the Philippines, Inc. (RCPI), arising from the latter?s failure to deliver a telegram which Gilda Med...
Promulgated on 2005-03-31

23. CA GR SP 84211: Albar Shipping & Trading Corp. et.al. vs NLRC et.al.
This is a Petition for Certiorari under Rule 65 of the 1997 Rules of Civil Procedure with application for the issuance of a temporary restraining order and/or writ of preliminary injunction seeking to nullify and set aside the Resolutions dated December...
Promulgated on 2005-03-31

24. CA GR SP 75147: Gerry Lumbre et al vs. NLRC, et al
In this Petition for Certiorari, petitioners Gerry Lumbre and Randy Bermejo assail the Resolution1 of the National Labor Relations Commission promulgated on June 28, 2002 which affirmed the Decision3 of the Labor Arbiter4 declaring petitioners not illega...
Promulgated on 2005-03-31

25. CA GR SP 87785: Aderito C. Yujuico et.al. vs Hon. Meliton G. Emuslan et.al.
This is a Petition for Certiorari with Prayer for the Issuance of a Temporary Restraining Order and/or Preliminary Injunction which seeks to nullify and set aside the Order dated November 25, 2004,1 of the Regional Trial Court, Branch 48, Urdaneta City, P...
Promulgated on 2005-03-31

26. CA GR CR 00714: People vs Alberto Mirabueno
This is an appeal1 from the Decision dated January 2, 2002 of the Regional Trial Court of Morong, Rizal, Branch 79 in Criminal Cases Nos.3242-M and 3243-M finding accused-appellant Alberto Mirabueno guilty beyond reasonable doubt of two counts of rape....
Promulgated on 2005-03-31

27. CA GR SP 87524: Pacifico Ramos Reyes vs Hon. Reinato G. Quilala et.al.
In this petition for certiorari with prayer for the issuance of a temporary restraining order (TRO) and/or writ of preliminary injunction, the petitioner seeks the annulment of the Decision dated April 23, 2003 and the Omnibus Order dated August 27, 2003...
Promulgated on 2005-03-31

28. CA GR SP 86355: Yrezabal Co., Inc. vs. NLRC, et al.
In this petition for certiorari with prayer for the issuance of a Temporary Restraining Order and/or Writ of Preliminary Injunction petitioners seek the annulment of the Resolution dated April 20, 2004 of public respondent National Labor Relations Commiss...
Promulgated on 2005-03-31

29. CA GR SP 83972: Arturo C. Quinquileria vs. Social Security System
Assailed in the instant petition for review is the Decision, dated March 25, 2003, of the Employees? Compensation Commission (ECC), rendered in ECC Case No. SM-16059-1113-03....
Promulgated on 2005-03-31

30. CA GR SP 82123: Jose Rivera vs. Belen Gonzales
This petition for review under Rule 43 of the Rules of Court seeks to overturn the Decision issued on December 18, 20031 by Assistant Executive Secretary Edwin R. Enrile of the Office of the President, in O.P. Case No. 03-H-536...
Promulgated on 2005-03-31

31. CA GR SP 79103: KORINA B. SANCHEZ vs HON. LEONCIO M. JANOLO, JR., et al
This is a petition for certiorari which seeks to set aside and nullify the Order dated May 11, 2001 issued by the Regional Trial Court, Branch 264, Pasig City, dismissing petitioner's complaint on the ground of failure to state a cause of action. Assai...
Promulgated on 2005-03-31

32. CA GR SP 81117: Benjamin P. Martinez vs. Hon. Alberto G. Romulo, et al.
This petition for review seeks to annul the Decision1 dated June 30, 2003, of the Office of the President in O.P. Case No. 96-G-6534, which denied the petitioner Benjamin P. Martinez?s claim for informer?s reward under Section 281 (1) of the National I...
Promulgated on 2005-03-31

33. CA GR CV 73990: Tomas Flordeliza, et al vs. Calima International, et al
At the break of day on December 6, 1996, five Filipino seamen boarded a plane for Los Angeles on the first leg of a bizarre journey that they would not forget for the rest of their lives. These men were the plaintiffs Luciano Abellera, Carlito Espares, Ro...
Promulgated on 2005-03-31

34. CA GR CV 70046: Pablito De La Cruz vs. Natividad Icasiano Gomez, Ernesto Gomez, Sps. Servando & Leonor Franco
At issue in this appeal from the Decision dated December 18, 2000 of the Regional Trial Court in Malolos, Bulacan, Branch 11, is whether or not there had been an agricultural tenancy relationship between the parties' prececessors-in-interest so as to...
Promulgated on 2005-03-31

35. CA GR SP 89042: Edna V. Marcial vs. Evelyn Singson, et al.
This is a petition for annulment of the Decision of this Court dated February 27, 2004 in CA-G.R. CV No. 56064...
Promulgated on 2005-03-31

36. CA GR SP 88982: National Power Corp. vs. Hon. Marlene Gonzales-Sison, et al.
A petition for certiorari was filed by petitioner seeking to set aside the Order of respondent Judge dated March 9, 2005, which granted a temporary restraining order enjoining it from implementing its reorganization under Board Resolution Nos. 2004-68,...
Promulgated on 2005-03-31

37. CA GR SP 77111: Ma. Ana Consuelo A.S. Madrigal vs. Dept. of Justice, et al.
Impugned in this petition for certiorari, as tainted with grave abuse of discretion amounting to lack or excess of jurisdiction, are: (1) The Resolution1 of the Department of Justice (DOJ), dated September 7, 2001, which reversed and set aside its earlier...
Promulgated on 2005-03-31

38. CA GR CV 82719: Leonardo C. Joaquin vs. Eng. Ricardo Dela Pina,
Considering the report of the Judicial Records Division, the instant appeal is considered ABANDONED and ordered DISMISSED, pursuant to Sec. 1 (e), Rule 50 of the Rules of Civil Procedure for failure of the defendantsappellants to file the required bri...
Promulgated on 2005-03-31

39. CA GR SP 80042: Hon. Executive Secretary, et al. vs. Hon. Eliodoro G. Ubiadas, et al.
A petition for certiorari was filed by petitioners seeking to set aside the Order of respondent Judge dated March 3, 2003 in Civil Case No. 30-0- 2003...
Promulgated on 2005-03-31

40. CA GR CV 76355: Steelcase, Inc. vs. Design International Selection, Inc.
The appellant Steelcase, Inc. (or Steelcase for brevity) filed with the Regional Trial Court in Makati City a case for Sum of Money against the appellee Design International Selections, Inc. (or DISI), a domestic corporation....
Promulgated on 2005-03-31

41. CA GR SP 82452: Emmanuel A. Reyes vs. NLRC, United Doctors Service Corp., Metroplolitan Hospital
Before Us is a petition for certiorari assailing the June 30, 2003 and October 23, 2003 Resolutions of the National Labor Relations Commission (NLRC) issued in NLRC CC No. 000216-02. Petitioner Emmanuel Reyes was an employee at the private respondent...
Promulgated on 2005-03-31

42. CA GR SP 67839: Samahan at Ugnayan ng Manggagawang Progresibo sa VAST-SUMAPI vs. VAST Apparel, Inc.
Before Us is a Petition, supposedly under Rule 43 of the 1997 Rules on Civil Procedure, seeking to reverse and set aside the decision dated August 14, 2001 of the Honorable Voluntary Arbitrator Glorioso Eludo in VA Case No. 493-0002-01....
Promulgated on 2005-03-31

43. CA GR SP 85500: Belen T. Fernandez vs. NLRC, et al.
Before Us is a Petition for Certiorari assailing the Resolutions of the National Labor Relations Commission (NLRC) dated February 12, 2004 and April 30, 2004, respectively, over NLRC NCR CA No. 038494-04 (SRB-I-7-09-0257-02 (PANG.)...
Promulgated on 2005-03-31

44. CA GR CV 79312: Mirasol Baring, et al. vs. Antonio Perla
On February 26, 1996 the appellees Mirasol Baring (hereafter Mirasol for brevity) and Randy B. Perla (or Randy) filed before the Regional Trial Court in Antipolo City (or RTC) a complaint for Support against the appellant Antonio Perla (or Antonio)....
Promulgated on 2005-03-31

45. CA GR CV 82777: Leopoldo P. Narra vs. Juan Macaraeg, Jr., et al.
Before Us is an appeal of the Orders dated October 15, 2003 and May 11, 2004, respectively, rendered by Judge Caridad H. Grecia-Cuerdo of the Regional Trial Court (RTC), National Capital Judicial Region, Branch 112, Pasay City over Civil Case No. 03-0261...
Promulgated on 2005-03-31

46. CA GR CV 70040: RFM/Swift Foods Inc., vs. Tee Lee & Filomena Lee ; Henry Cabalar
This is an appeal interposed by appellant Henry Cabalar from the Decision dated 11 December 2000 rendered by the Regional Trial Court of Dagupan City, Branch 42, in Civil Case No. 96-01024-D for Sum of Money, the dispositive portion of which reads as f...
Promulgated on 2005-03-31

47. CA GR CR 27490: People vs. Rogelio Marbella y Novelo
This is an appeal from the March 25, 2003 Decision of the Regional Trial Court (RTC) of Sorsogon City, Branch 53, in Criminal Case No. 95-1025, finding accused Rogelio Marbella y Novelo guilty beyond reasonable doubt of the crime of Robbery. It appear...
Promulgated on 2005-03-31

48. CA GR SP 83683: Sps. Luciano and Mercedes Mesina vs. Sps. Santiago and Florencia Hernandez
Before us is a petition for review under Rule 42 of the 1997 Rules of Civil Procedure of the decision dated November 24, 2003 of the Regional Trial Court of Manila, Branch 39 in Civil Case No. 03-106388, which affirmed in toto the judgment dated December...
Promulgated on 2005-03-31

49. CA GR SP 82109: Heirs of Enofracia Alicante Samson vs. Rosario Bujawe
Before us is a petition for review filed under Rule 42 of the 1997 Rules of Civil Procedure, assailing the Orders, dated October 29, 2003 and December 15, 2003, of the Regional Trial court (RTC) of Masbate City, Branch 46, rendered in Civil Case No. 5566....
Promulgated on 2005-03-31

50. CA GR SP 75854: RCPI-Bayantel, et al. vs. NLRC, et al.
In NLRC-NCR Case No. RAB-CAR-03-0174-99 (Joyce A. Batan, et. al. vs. RCPI Bayantel et. al., for: Illegal Dismissal) the Labor Arbiter ruled favorably for complainants....
Promulgated on 2005-03-31

51. CA GR CV 78286: Antonio Mondares, Sr. vs. Gemma Mondares
The appellant Antonio Mondares, Sr. (or hereafter Antonio, Sr.) sued the appellee Gemma Mondares (or Gemma) for Judicial Partition and Accounting of the Estate of Antonio Monderas, Jr., with Prayer for a Preliminary Injunction and Receivership and with Da...
Promulgated on 2005-03-31

52. CA GR SP 82814: Andres Valeros, Belen De Padilla vs. Creekside Neighborhood Ass. Of Fortunata Vill., Pque, Inc.
Before Us is a petition for review assailing the December 5, 2003 Decision of the Regional Trial Court (RTC) of Paranaque City - Branch 195 in Civil Case No. 03-0300. The herein assailed RTC Decision reversed and set aside the May 20, 2003 Decision...
Promulgated on 2005-03-31

53. CA GR SP 88984: STEELMAN BUILDERS CORPORATION vs. HON. ROSA C. REYES, et al.
The instant petition for certiorari is outrightly dismissed because:...
Promulgated on 2005-03-31

54. CA GR CR 26159: People vs. Dante Datu y Hernandez
For the alleged sexual molestation of a 5-year old girl, Dante Datu y Hernandez (or appellant) was charged before the Regional Trial Court of Manila (Branch 38) with the crime of acts of lasciviousness, as defined and penalized in Rep. Act No. 7610 (Speci...
Promulgated on 2005-03-31

55. CA GR CV 67418: Manuel C. Galman, et al vs. LEONORA GALMAN ESPIQUE
Before the Regional Trial Court of Bulacan (Malolos, Branch 20) was an action for partition filed by Manuel, Serapio, Melchor and Ofelia, all surnamed Galman, and Soledad Galman Matito, Asuncion Galman Estrella, Cristina Galman Mariano, Concordia Galman...
Promulgated on 2005-03-31

56. CA GR SP 69781: Leal Realty Centrum vs. Rodolfo Cornes, et al
Before the Department of Agrarian Reform Adjudication Board (or DARAB), Region III, were four consolidated actions, namely: DARAB Case No. 234-T'91 for maintenance of peaceful possession and issuance of a writ of preliminary injunction; DARAB Cases Nos....
Promulgated on 2005-03-31

57. CA GR SP 77154: Anita Bunuan, et al vs. Hipolito Gurat
This is a petition for annulment of judgment pursuant to Rule 47 of the Revised Rules of Court, which seeks to annul the Decision of the Court of First Instance of Nueva Vizcaya, Branch III dated November 9, 1979....
Promulgated on 2005-03-31

58. CA GR SP 84583: Ramon Carreon Jr. vs. Reynaldo Reyes, et al
This is a Petition for Certiorari under Rule 65 of the 1997 Rules of Court seeking the reversal and setting aside of the Orders dated October 10, 2002, December 15, 2003 and April 16, 2004 all issued by the Regional Trial Court of Pasay City, Branch 116....
Promulgated on 2005-03-31

59. CA GR CV 83030: Sps. Miniamo dela Cruz vs. Ana Marie Concepcion
This is an appeal directed against the decision rendered by the Regional Trial Court of Antipolo City (Branch 73) in Civil Case No. 98-4716 entitled Sps. Miniano dela Cruz and Leta dela Cruz, plaintiffs, versus Ana Marie Concepcion, defendant for collecti...
Promulgated on 2005-03-31

60. CA GR CV 80224: Golden Mix Corp., vs. Republic
This is an appeal from the Decision dated May 20, 2003 rendered by the Municipal Trial Court of San Jose, Batangas in LRC Case No. 043, which is a case for application for registration of land title filed by the abovenamed applicant-appellee....
Promulgated on 2005-03-31

61. CA GR CR 27853: Jeffrey Fernandez y Manzano
Accused-appellant Jeffrey Fernandez y Manzano (Fernandez for brevity) was indicted for Frustrated Homicide in an Information which reads:...
Promulgated on 2005-03-31

62. CA GR SP 85752: Frisco T. Villa, et al. vs. George T. Santiago
This is a petition for review seeking to reverse and set aside the order, dated 20 November 2003, of the Office of the Ombudsman for Luzon, in OMB-P-C-03-0027-A (OMB-P-A-02-0487-H), denying petitioners' petition for review...
Promulgated on 2005-03-31

63. CA GR CV 68549: Casimero Valdez vs. Modesto Leoveras
The indefeasibility of a certificate of title cannot be invoked by one who procured the title by means of fraud....
Promulgated on 2005-03-31

64. CA GR SP 78050: Internet Travel Cafe vs. Judge Eduardo Peralta, et al
Before the Regional Trial Court of Manila (Branch 17) was an action for sum of money and damages. Filed by Internet Travel Cafe, Inc. and Mariano S. Salazar (or petitioners) against CBCPnet, Inc. and Eman Lim (or private respondents, when collectively),...
Promulgated on 2005-03-31

65. CA GR SP 72490: Petron Employees Labor Union, Pacifico Eugenio vs. NLRC, Petron Corp., Khalid Corp., Khalid Al-Falih
Assailed in this petition for certiorari is the Decision of the National Labor Relations Commission (NLRC, for brevity), Second Division, dated January 31, 2002 as well as its Resolution dated May 10, 2002 affirming the Labor Arbiter's Decision...
Promulgated on 2005-03-31

66. CA GR CR 22502: PEOPLE VS. MATIAS MARIANO and EDUARDO "BOYET" RIVERA
This resolves the appeal interposed by the two (2) accused from the decision rendered in Criminal Case No. R-3369 by the Regional Trial Court of San Jose, Occidental Mindoro, Branch 45...
Promulgated on 2005-03-31

67. CA GR CV 63736: Virginia Trinidad, et al. vs. Rosita Esguerra-Murchante
Defendant-appellant interposed this appeal from the Decision dated February 9, 1999 of the Regional Trial Court of Malolos, Bulacan, Branch 77, ordering her (defendant) as well as all other persons claiming rights under her to vacate the subject premises...
Promulgated on 2005-03-31

68. CA GR SP 88924: Teofilo Trias vs. Regional Trial Court pf Palawan, et al
This is a Petition for Certiorari under Rule 65 filed by petitioners assailing the Order dated 14 January 2005 of the Regional Trial Court of Palawan, Fourth Judicial District, Puerto Princesa, Branch 48, which denied petitioners Motion for Reconsiderati...
Promulgated on 2005-03-31

69. CA GR SP 88838: Hermingardo Ratio vs. Carmen Honrade, et al
In today s hearing (22 April 2005), petitioner Hermingardo Ratio and his counsel, Atty. Fernando Besino, appeared. Likewise, respondents Carmen Honrade, Estelita Honrade and Salustia Honrade-Hernandez, together with their counsel, Atty. Efren Mercado ap...
Promulgated on 2005-03-31

70. CA GR SP 84264: Lita Asentista et al vs. Sps. Roberto Tang, et al
This petition calls to mind basic jurisprudential doctrines on executions pending appeal. The only issue before Us is the validity of the 16 January 2004 Order1 of the Regional Trial Court of Manila, Branch 24, granting respondents motion to execute pendi...
Promulgated on 2005-03-31

71. CA GR SP 81584: Abigail Yap, et al vs. The NLRC, et al
This petition is an attempt to impute grave abuse of discretion against the public respondent National Labor Relations Commission for rendering the assailed Resolutions dated 11 April 2003 and 30 October 20032 which affirmed on appeal the 31 May 2002 De...
Promulgated on 2005-03-31

72. CA GR SP 79075: Perla Esguerra vs. Hon. Fatima G. Asdala, et al
Assailed in this Petition for Prohibition and Certiorari/Mandamus is the Order dated 28 August 2003 of the public respondent Regional Trial Court (RTC) of Quezon City, Branch 87, denying petitioner s application for temporary restraining order and writ o...
Promulgated on 2005-03-31

73. CA GR CV 83293: Romeo Gonzales et al vs. Concepcion Tadena, et al
Per Report1 of the Judicial Records Division dated 21 March 2005, the appeal is hereby DISMISSED for appellants? failure to file their brief within the reglementary period pursuant to Section 1 (e), Rule 50 of the 1997 Rules of Civil Procedure, as ame...
Promulgated on 2005-03-31

74. CA GR CV 83148: Sps. Rey Salazar vs. Concepcion Cayco, et al
The right to appeal is neither a natural right nor a part of due process. The party who seeks to avail of the same must comply with the requirements of the rules, failing to do so the right to appeal is lost....
Promulgated on 2005-03-31

75. CA GR CV 82938: Pablito Mortera vs. Republic et al
Section 1 (e), Rule 50 of the 1997 Rules of Civil Procedure, as amended, provides: Section 1. Grounds for dismissal of appeal. ? An appeal may be dismissed by the Court of Appeals, on its own motion or on that of the appellee, on the following grounds:...
Promulgated on 2005-03-31

76. CA GR CV 82368: Sps. Numeriano Ramos vs. Republic of the Phil.
The right to appeal is neither a natural right nor a part of due process.1 The party who seeks to avail of the same must comply with the requirements of the rules, failing to do so the right to appeal is lost....
Promulgated on 2005-03-31

77. CA GR CV 53749: Christopher Francisco vs. Heirs of Cornelio Francisco
On 6 May 1994, appellant Christopher R. Francisco filed an Amended Complaint for Recognition and Declaration of Illegitimacy before the Regional Trial Court of Valenzuela, Metro Manila, Branch 171. Named as defendants were herein appellees heirs of Corne...
Promulgated on 2005-03-31

78. CA GR CR 25570: People vs. Sergio Chavez III
For the alleged sexual molestation of a child, Sergio Chavez III y Doe (or appellant) was charged before the Regional Trial Court of Camarines Sur (Branch 58) with the crime of attempted rape purportedly committed as follows:...
Promulgated on 2005-03-31

79. CA GR SP 80408: Lopez Sugar Corp., vs. Hon. Patricia Sto. Tomas, et al
Because of deadlock in the negotiations for collective bargaining agreement between Lopez Sugar Corporation (or petitioner) and Lopez Sugar Workers Union PACIWU-TUCP (or Union), bargaining agent of the rank and file employees of petitioner, which commen...
Promulgated on 2005-03-31

80. CA GR SP 82208: Sps. Miguel & Josephine Dasig vs. Hon. Manuel M. Barrios, et al.
This is a petition for certiorari seeking to annul and set aside the order, dated 10 November 2003, of the public respondent Regional Trial Court, National Capital Judicial Region, Branch 55, Manila, in Civil Case No. 00-98564...
Promulgated on 2005-03-31

81. CA GR SP 81176: Hilario P. Soriano vs. Monetray Board, et al
Pursuant to Monetary Board (or MB) Resolution No. 105 dated January 21, 2000, the Rural Bank of San Miguel (or RBSM) was ordered to cease doing business and placed under receivership of the Philippine Development Insurance Corporation (or PDIC)....
Promulgated on 2005-03-31

82. CA GR SP 73679: Dominador Menguito vs. Commissioner of Internal Revenue
To disregard the separate juridical personality of a corporation, the wrongdoing must be clearly and convincingly established. It cannot be presumed....
Promulgated on 2005-03-31

83. CA GR SP 76696: Sps. Emerio Cuja and Merly Elisan Cuja vs. Atanacio Bordallo
The present petition stemmed from the January 22, 2003 Order1 of the Regional Trial Court of Manila (RTC), Branch 17, dismissing petitioners' appeal for their failure to file the required Memoranda after receipt of the "Notice of Docketing of Case Unde...
Promulgated on 2005-03-31

84. CA GR CV 58311: MARCELINO GONZALES, ET. AL VS. PARAMOUNT INSURANCE CORP., ET. AL.
Challenged in this appeal is the Decision dated November 6, 1996 of the Regional Trial Court, Branch 74 of Antipolo, Rizal, in Civil Case No. 332-A, entitled "MARCELINO GONZALES, ET AL. vs. FRANKLIN STA. MARIA, ET AL."...
Promulgated on 2005-03-31

85. CA GR CV 59823: Hrs. of Cecilio Fonseca, et al. vs. Republic of the Philippines
The petitioners-appellants seek the reversal of the order of the Regional Trial Court of Balanga, Bataan, Branch 2 dated October 2, 1997. denying their Petition For Reconstitution of Original Certificate of Title (OCT) No. 8528....
Promulgated on 2005-03-31

86. CA GR SP 80633: ELIZABETH A. LLANES VS. HON. JUDGE HILARIO L. LAQUI, ET. AL.
Before Us is a Petition for Certiorari under Rule 65 of the 1997 Rules of Civil Procedure seeking to nullify two (2) Resolutions of respondent judge in Special Proceedings No. 02-482081 of the Regional Trial Court of Quezon City, Branch 218....
Promulgated on 2005-03-31

87. CA GR CV 78162: Union Fruits Corp. vs. Maersk-Line and Maersk Filipinas, Inc.
On Appeal is the Decision1 dated 13 May 2002 of Branch 38 of the Regional Trial Court of Manila in Civil Case No. 93-68286 for Damages...
Promulgated on 2005-03-31

88. CA GR SP 62518: Rogelio R. Benemerito vs. Office of the Ombudsman& Reynolan T. Sales
Rogelio Benemerito, a resident of Pagudpud, Ilocos Norte, filed with the Office of the Deputy Ombudsman for Luzon (Ombudsman) a Complaint-Affidavit against Reynolan Sales, Municipal Mayor of Pagudpud, Ilocos Norte, for violation of the Anti-Graft and C...
Promulgated on 2005-03-31

89. CA GR CV 66023: Honeycomb Farms Corp. vs. Secretary of Agrarian Reform, Land Bank of the Phils.
This is an appeal interposed by plaintiff-appellant Honeycomb Farm Corporation (Honeycomb for brevity) and defendants-appellants Secretary of Agrarian Reform and Land Bank of the Philippines (Land Bank for brevity) from the Judgment dated 6 July...
Promulgated on 2005-03-31

90. CA GR CV 62624: Inkote Philippines, Inc., vs. Chemical Complex Corp.
Before the Court is an appeal from the Decision dated February 22, 19992 in Civil Case No. C-18326 of Branch 121, Regional Trial Court, Caloocan City ordering defendant-appellant Chemical Complex Corp. to execute a real estate mortgage in favor of plaint...
Promulgated on 2005-03-31

91. CA GR CR 27592: People vs. Ireneo Corral
Before the Court is an appeal from the Decision dated August 7, 20002 in Criminal Cases Nos. Q-97-73195, Q-98-75096, Q-98-75097 of Branch 86, Regional Trial Court, Quezon City, convicting accused-appellant Ireneo P. Corral of two (2) counts of rape and o...
Promulgated on 2005-03-31

92. CA GR CV 83317: Global Technology Trade Test vs. Jusita Gargar
There being no Appellant s Brief filed by defendantappellant as of March 8, 2005, per report1 by the Judicial Records Division, despite the grant of a thirty-day extension, or until February 1, 2005, the present appeal is hereby DISMISSED pursuant to Sec....
Promulgated on 2005-03-31

93. CA GR CV 81357: Superlines Transportation Co., Inc. vs. F.T. Sanchez Socor Construction Co., et al.
Defendants-appellants' Appeal is DISMISSED for their failure to file the required appellants' brief despite the extended periods given them, pursuant to Section 1(e), Rule 50 of the Revised Rules of Court....
Promulgated on 2005-03-31

94. CA GR SP 85922: KEANG NAM ENTERPRISES vs. Judge Apolinario Bruselas, et al
This pertains to the Motion to Withdraw Petition filed by the petitioner through counsel on 13 December 2004. (Rollo, p. 298)....
Promulgated on 2005-03-31

95. CA GR SP 85977: Larry Francisco, et al. vs. Agripino Francisco
Assailed by Larry Francisco & Benito Manabat [Petitioners] in this petition for review are the decision1 of public respondent Department of Agrarian Reform Adjudication Board [DARAB] dated November 28, 2003 and its resolution2 dated August 3, 2004....
Promulgated on 2005-03-31

96. CA GR SP 85446: Cesar Alterado vs. Civil Service Commission
Assailed in this petition for review are the resolution of respondent Civil Service Commission (CSC) dated May 30, 2003 which dismissed petitioner's appeal from the March 23, 2000 resolution of Department of Education, Culture and Sports (DECS)...
Promulgated on 2005-03-31

97. CA GR SP UDK 5299: Jose Expedito Flores vs. The Director General
BEFORE US is a Notice of Appeal with Motion for Extension of Time to File Petition for Review and to be Exempted from Payment of Docket and Other lawful fees and Deposit for Costs filed on 22 February 2005....
Promulgated on 2005-03-31

98. CA GR CR 27960: People vs. Wilflor Abarca y Tutanes
Accused-appellant WILFLOR ABARCA y TUTANES appeals the Decision dated August 29, 2003 rendered by the Regional Trial Court of Caloocan City, Branch 123,...
Promulgated on 2005-03-31

99. CA GR SP 83453: German Marine Agencies, Inc, vs. NLRC, et al.
Assailed in this petition for Certiorari which petitioner German Marine Agencies, Inc. (German Marine) filed under Rule 65 of the Rules of Court, are: (1) the decision dated October 28, 2003 of public respondent National Labor Relations Commission, Third ...
Promulgated on 2005-03-31

100. CA GR CV 61444: Best Builders Construction vs. Hi-Well Trading, Inc.
This is an appeal from the January 21, 1998 Order of the Regional Trial Court of Manila, Branch 29, in Civil Case No. 92-60942, dismissing the case for failure of the plaintiff-appellant to appear at the scheduled pre-trial despite notice pursuant to Rul...
Promulgated on 2005-03-31

101. CA GR SP 80007: Ernesto Celerio vs. NLRC, et al
This pertains to the motion for reconsideration filed by the petitioner through counsel, seeking for the reconsideration of the Decision dated 13 May 2004, the decretal portion of which reads:...
Promulgated on 2005-03-31

102. CA GR CV 58702: Nelie T. Cortez vs. Emmanuel Garcia, et al.
At bar is an appeal from the June 2, 1997 Decision of the Regional Trial Court (RTC), Branch 20, Cauayan, Isabela dismissing the Complaint in Civil Case No. Br. 20-908 filed by Nelie T. Cortez (plaintiff-appellant) against Emmanuel Garcia, Cristeto Garci...
Promulgated on 2005-03-31

103. CA GR CV 56735: Remington Industrial Sales Corp., vs. Evelyn A. Gumera, et al.
Before Us is an appeal which seeks to annul the February 10, 1997 Decision of the Regional Trial Court (RTC), National Capital Judicial Region, Branch 49, Manila, in Civil Case No. 96-81277,...
Promulgated on 2005-03-31

104. CA GR CR 29073: People vs. Jacques Gagnon
Accused Jacques Gagnon's (accused) Petition for Review is outrightly DISMISSED on at least two (2) grounds:...
Promulgated on 2005-03-31

105. CA GR CR 00740: People vs. Crusaldo Arbiso
HC - Subject of this appeal is the April 25, 2003 Decision of the Regional Trial Court, Branch 30, Bayombong, Nueva Vizcaya, finding the accused guilty beyond reasonable doubt of the crime of Rape....
Promulgated on 2005-03-31

106. CA GR CV 81468: Drimo de Castillo vs. Andres Ruma
There being no Appellant s Brief filed by plaintiff-appellant as of March 16, 2005, per report by the Judicial Records Division, despite receipt by counsel for plaintiff-appellant of the Notice to File Brief on November 22, 2004 requiring the latter to...
Promulgated on 2005-03-31

107. CA GR SP 82863: Ruperto Gatapia vs. Eleuterio Gatapia
This petition for review under Rule 42 of the Rules of Court seeks to overturn: (1) The Decision dated December 9, 2003 of the Regional Trial Court of Antipolo City, Branch 74, in Sp. Civil Case No. 02-233 which affirmed the judgment dated September 6,...
Promulgated on 2005-03-31

108. CA GR SP 88550: Ma. Consuelo Santos, et al. vs. Marcelo Macario, et al.
The Court resolves to DISMISS OUTRIGHTLY the petition for Certiorari (captioned herein "Petition for Review on Certiorari") for failure to sufficiently show the grave abuse of discretion committed by the public respondent trial court...
Promulgated on 2005-03-31

109. CA GR CV 67359: AP Sacramento vs. Gerardo Repalda, et al
For resolution before this Court is defendants-appellants motion for reconsideration of the 16 July 2004 Decision which dismissed their appeal and affirmed the lower court s decision finding them liable to pay the cost of the construction materials stole...
Promulgated on 2005-03-31

110. CA GR CV 82908: KALAYAAN DEVELOPMENTCOOPERATIVE (KDC), ETC., et al vs JULIAN GUISON
Per report of the Judicial Records Division, no brief has been filed by plaintiffs-appellants up to this date....
Promulgated on 2005-03-31

111. CA GR CV 82628: NATIONAL POWER CORP. vs MA. NAGELINA G. MATIBAG
Per report of the Judicial Records Division, no brief has been filed by plaintiffs-appellants up to this date....
Promulgated on 2005-03-31

112. CA GR CV 74100: Math Agro Corp. vs. Manila Electric Co.
On appeal is the Decision dated 22 October 2001 of the Regional Trial Court (RTC), Branch 7, Malolos, Bulacan dismissing the complaint for injunction filed by Math Agro Corporation against the Manila Electric Company (MERALCO)....
Promulgated on 2005-03-31

113. CA GR CR 27598: People vs. Roberto Adarne y Zulueta ,
Accused-appellant Roberto Adarne Y Zulueta (or appellant) seeks the reversal of the decision1 dated March 24, 2003 of the Regional Trial Court of Manila, Branch 35 finding him guilty beyond reasonable doubt of violation of Sections 15 and 16, Republic Act...
Promulgated on 2005-03-31

114. CA GR SP 88219: KLT Fruits, Inc., et al. vs. NLRC, et al.
Anchored on the ground that they have already paid private respondent, thru his lawyer and attorney-in-fact, Atty. Vladimir F. Del Rosario, the sum of One Hundred Thirty Two Thousand Five Hundred Pesos (P132,500.00) as compromise settlement of the case...
Promulgated on 2005-03-31

115. CA GR CV 71666: Erwin M. Burgos vs. Eva M. Dulfo; R.P.
The validity of the marriage of petitioner-appellee Erwin M. Burgos and respondent Eva M. Dulfo is at issue in this appeal by oppositorappellant from the Decision dated 01 February 2001 of the Regional Trial Court (RTC) of San Pedro, Laguna, Branch 93,...
Promulgated on 2005-03-31

116. CA GR SP 84425: Albert L. Yam vs. William O. Tan
In this Petition for Review under Rule 42 of the 1997 Rules of Civil procedure, petitioner Albert L. Yam seeks the modification of the 24 March 2004 Decision1 of the Regional Trial Court of Manila, Branch 55, which affirmed the 17 February 2003 Decisio...
Promulgated on 2005-03-31

117. CA GR SP 89011: Nestor Pazcoguin, et al vs. Hon. Carmelita Fruelda, et al
1) the Verification and Certification of Non-forum Shopping was signed by only three of the four petitioners, without the signature of petitioner Jeffrey Pazcoguin;...
Promulgated on 2005-03-31

118. CA GR SP 62078: MMDA, et al vs. Hon. Teresita Reyes-Domingo, et al
Before Us is a Petition for Certiorari, assailing the Resolution [Rollo, p. 32], dated September 28, 2000, and the Order [Rollo, p. 36], dated October 23, 2000, both issued by the Commission on the Settlement of Land Problems [COSLAP], the dispositive por...
Promulgated on 2005-03-31

119. CA GR SP 81699: Lolita Ravago vs. Bella Alberto
This petition for review seeks to modify the Decision dated 21 October 2003 of the Regional Trial Court (RTC) of Manila, Branch 55, in Civil Case No. 03-106127, entitled Bella H. Alberto, plaintiffappellee, vs. Lolita Rabago and Dante Olimpo, defendantsap...
Promulgated on 2005-03-31

120. CA GR SP 85900: Lydia Lao vs. Philip King alias Felimon Ong
This is an appeal from the decision of the Regional Trial Court of Manila, Branch 1, promulgated on March 16, 2004 in SP Case No. 03-107734, granting the petition for certiorari filed by petitionerappellee Lydia Lao against the respondent-appellant Philip...
Promulgated on 2005-03-31

121. CA GR SP 81815: Bloomfield Educational et al vs. Hon. Guillermo Parayno
Before this Court is a petition for review under Rule 43 of the Rules of Court assailing the resolution dated June 30, 20031 of the Court of Tax Appeals (CTA) in CTA Case No. 6614 dismissing petitioner s petition on ground of lack of jurisdiction. Likewis...
Promulgated on 2005-03-31

122. CA GR SP 82355: P/SUPT. VICENTE ZAFRA, vs. Conrada Delgado
On appeal is the Order dated January 12, 2004 of the Office of the Ombudsman in Administrative Case No. MB-P-A-02-0601-I filed against Police Superintendent Vicente Zafra of the Philippine National Police for Willful Failure To Pay Just Debt, Abuse Of Au...
Promulgated on 2005-03-31

123. CA GR CV 82391: LEO O. ZOLINA vs RODILUZ CABRERA
Per report of the Judicial Records Division, no brief has been filed by plaintiff-appellant up to this date....
Promulgated on 2005-03-31

124. CA GR CV 83227: HEIRS OF ADOLFO TEMPRA vs MAXIMO BUMATNOG, SR., ET AL.
Per report of the Judicial Records Division, no brief has been filed by appellants up to this date....
Promulgated on 2005-03-31

125. CA GR SP 88447: Mindanao Development. Bank vs. Judge Romeo C. De Leon - Calamba, Laguna RTC, Br. 92
Considering that in spite of the extension given to the petitioner Mindanao Development Bank to file the intended petition as per resolution of this Court dated 14 February 2005 and as of this date no petition has been filed as per report of the JRD...
Promulgated on 2005-03-31

126. CA GR CV 68170: Philippine Charter Insurance Corp. vs. Ashika Shipping Corp.
This is an appeal from the July 3, 2000 Decision of the RTC of Makati City, Br. 133, in Civil Case No. 96-488, the dispositive portion of which reads as follows: "WHEREFORE, in view of the foregoing, judgment is hereby rendered in favor of the plaintiff...
Promulgated on 2005-03-31

127. CA GR SP 88709: Pedro A. Vallejo vs. Rolando Pugay
The Court resolves to DISMISS herein Petition for Review for failure of the petitioner to attach the necessary and pertinent documents referred therein to enable this Court to judiciously evaluate the merits of the case such as: 1) Position Paper...
Promulgated on 2005-03-31

128. CA GR SP 88580: Epifanio Alcantara, et al. vs. Florenda Caburao, Leonida Caburao
Before the Court is a Petition for Annulment of Judgment under Rule 47 of the 1997 Rules of Civil Procedure filed by petitioner Epifanio Alcantara himself as heir of Brigida Cabrito....
Promulgated on 2005-03-31

129. CA GR SP 82707: ERIOLE JOHN B. RAPADAS vs. NATIONAL LABOR RELATIONS COMMISSION, et al.
On March 31, 2005, We promulgated the Decision in this case reversing the National Labor Relations Commission (NLRC) Decision dated September 29, 2003 and instead reinstated the Labor Arbiter's Decision dated June 19, 2002....
Promulgated on 2005-03-31

130. CA GR SP 62628: Rosenda de la Paz et al vs. Engracia elison, et al
This is a Petition for Certiorari under Rule 65 of the revised Rules of Civil Procedure seeking to annul, reverse or nullify:...
Promulgated on 2005-03-31

131. CA GR SP 86602: Belen Basbas, et al vs. Universal Savings
In this petition for review under Rule 42 of the Rules of Court, petitioners Belen Basbas and Jaime Basbas seek to reverse and set aside the Decision dated April 1, 2004 of the Regional Trial Court, Branch 25, Binan, Laguna in Civil Case No. B-6308 affir...
Promulgated on 2005-03-31

132. CA GR CV 78602: Nelia Pacardo-Porlante vs. Rosemarie Garcia-Peña
For failure of the defendant-appellant to file her appellant's brief within the reglementary period despite notice, the appeal is declared ABANDONED and hereby DISMISSED pursuant to Section 1 (e), Rule 50 of the 1997 Rules of Civil Procedure....
Promulgated on 2005-03-31

133. CA GR CR 28930: People of the Phils. vs. George Ayes y Losabia
The Motion to Withdraw Appeal filed by the counsel of the accusedappellant, dated 3 March 2005, with conformity of the accused-appellant himself after explaining to him the legal effects and consequences of his withdrawal of appeal...
Promulgated on 2005-03-31

134. CA GR SP 76950: Dr. A. Albert Elementary School, et al. vs. Hon. Eduard B. Peralta, Jr., etc., et al.
The instant Petition for Certiorari seeks to ANNUL or SET ASIDE the orders issued by the respondent judge Eduardo B. Peralta, Jr. dated March 4, 2003, concerning the dismissal of Special Civil Action No. 00-97677 for Mandamus plus Damages with prayer for...
Promulgated on 2005-03-31

135. CA GR CR 27657: People vs Antonio Teck y Yuse
ELEVATED to Us on appeal is the joint judgment of the Regional Trial Court convicting accused-appellant Antonio Teck y Yuse of illegal possession of 0.43 gram of indian hemp or marijuana and 0.26 gram of methamphethamine hydrochloride, more commonly known...
Promulgated on 2005-03-31

136. CA GR CV 78157: Heirs of the Late Sps. Filomeno and Felicisima Santos vs. EufrocinioP. Rivera, Jr., et al.
Before this Court is an appeal from the decision of Branch 273, Regional Trial Court, National Capital Judicial Region, City of Marikina in Civil Case No. 99-570-MK,...
Promulgated on 2005-03-31

137. CA GR CR 27801: People vs Marcelino Sabado y Dionisio
ELEVATED to Us on appeal is the joint judgment1 of the Regional Trial Court convicting accused-appellant Antonio Teck y Yuse of illegal possession of 0.43 gram of indian hemp or marijuana and 0.26 gram of methamphethamine hydrochloride, more commonly know...
Promulgated on 2005-03-31

138. CA GR SP 54537: BANK OF THE PHILIPPINE ISLANDS and BPI FAMILY SAVINGS BANK, INC. vs. HON. PEDRO L. SUAN, et al.
This will resolve: (1) Petitioners' Manifestation dated April 13, 2004;...
Promulgated on 2005-03-31

139. CA GR SP 88398: Conrado De Guzman, Jr. vs. Hon. Presiding Judge, RTC Br. 12, Malolos City, et al.
In view of the failure of the petitioner to file his intended petition for review within the extended period granted by this Court in its Resolution dated February 14, 2005, the instant case is hereby DISMISSED....
Promulgated on 2005-03-31

140. CA GR SP 87150: ABLE Maritime Seaferers, vs. NLRC, et al
Assailed in this petition for certiorari under Rule 65 is the Resolution dated July 12, 2004 affirming the Decision dated April 10, 2003 of the Labor Arbiter which ordered petitioners to pay termination pay and attorney s fees to private respondents, as...
Promulgated on 2005-03-31

141. CA GR SP 88500: Sps. Bonifacio Luna, et al vs. Hon. Jaime Salazar, et al
Assailed in this petition for certiorari under Rule 65 is the Decision dated September 28, 2004 granting the petition for issuance of a writ of possession filed by private respondent, as well as the Order dated January 7, 2005 denying petitioners' moti...
Promulgated on 2005-03-31

142. CA GR SP 86699: KOOKOORITCHKIN, vs. HON. JUDGE ROMEO F. ZAMORA, et al
This is a Petition for Certiorari assailing the Resolution, dated September 10, 2004, of the Regional Trial Court of Quezon City, Branch 94, which ordered the issuance of a Writ of Execution in the consolidated Civil Case Nos. Q-90-6872 and Q-90-6903. T...
Promulgated on 2005-03-31

143. CA GR SP 63604: Eastern Telecommunication vs. Commissioner of Internal REvenue, et al
Before the Court is a petition for review filed under Rule 43, 1997 Rules of Civil Procedure assailing the (i) Decision dated October 12, 2000 of public respondent Court of Tax Appeals (CTA) in CTA Case No. 5656 which dismissed the petition for review fil...
Promulgated on 2005-03-31

144. CA GR CR 24515: People of the Philippines vs. Juanito Salita & Jerry Villacruz
Appeal from the decision of the lower court (RTC, Br. 20, Imus, Cavite) finding appellants guilty in Criminal Case No. B-95-40 (People of the Philippines, Plaintiff, versus Juanito Salita, Michael Villacruz, Jerry Villacruz, Baldomero Quintela, et al., Ac...
Promulgated on 2005-03-31

145. CA GR CR 00158: PEOPLE OF THE PHILIPPINES vs RODEL MAYHAY Y ARTANA
The Urgent Motion To Withdraw Appeal filed by accusedappellant Rodel A. Mayhay himself, accompanied with a certification issued by Atty. Rachel D. Ruelo, Chief of the Legal Office of the Bureau of Corrections, is hereby GRANTED....
Promulgated on 2005-03-31

146. CA GR CV 70984: Eudes Cuadro vs. Insp. Natividad Tampoco
This is an appeal from the Decision dated March 16, 2001 of the Regional Trial Court, Branch 34, Iriga City dismissing the complaint for Damages under Art. 33 of the Civil Code filed by plaintiff-appellant Eudes C. Cuadro against defendant-appellee Insp....
Promulgated on 2005-03-31

147. CA GR CV 82660: MAGDIWANG REALTY CORP. ETC vs RURAL BANK OF THE 21ST CENTURY, INC., ET AL.,
The Compliance filed by plaintiff-appellant relative to the Resolution dated February 7, 2005 is NOTED....
Promulgated on 2005-03-31

148. CA GR CV 53702: Floracion S. Ancheta, et al. vs. Republic of the Philippines
Applicants-Appellees Floracion S. Ancheta (Floracion), Eulobonia S. Publico (Eulobonia) and Edesa L. Supnet (Edesa) filed an application for land registration1 (confirmation of an imperfect title) with the Regional Trial Court of Villasis, Pangasinan, Br...
Promulgated on 2005-03-31

149. CA GR SP 69441: First Lepanto vs. Hon. Helen Ricafort et al
Before the Court is a petition for certiorari under Rule 65, 1997 Rules of Civil Procedure seeking to annul the (i) Order dated December 10, 2001 of public respondent Helen Bautista-Ricafort in Civil Case No. 97-0496, LEP International Phils., Inc. vs. G...
Promulgated on 2005-03-31

150. CA GR SP 84359: Heirs of Benito and Teodora Navarro vs. Hon. Raul Bautista Villanueva, et al.
Impugned in this petition for certiorari, as tainted with grave abuse of discretion amounting to lack or excess of jurisdiction, are: (1) The Order issued on November 20, 2003 by the Hon. Raul Bautista Villanueva, Presiding Judge of the Regional Trial Cou...
Promulgated on 2005-03-31

151. CA GR SP 81467: Feliza vda de Felix vs. Hon. Cesar M. Dumlao et al
Before the Court is an appeal from the Decision dated April 28, 2003 of the Regional Trial Court, Cauayan City, Isabela in Civil Case No. Br. 19-127, Felisa Vda. De Felisa vs. Hon. Cesar M. Dumlao and Nemesio M. Tolentino,...
Promulgated on 2005-03-31

152. CA GR SP 83435: Aw Peng Lam vs. Judge Fatima Gonzales-Asdala, et al.
Challenged in this special civil action for certiorari under Rule 65 of the 1997 Rules of Civil Procedure is the January 26, 2004 Order of the Regional Trial Court (RTC) of Quezon City, Branch 87, in Civil Case No. Q-03-50686 denying herein petitioner Aw...
Promulgated on 2005-03-31

153. CA GR SP 86382: Phil-world Shipping Service vs. NLRC, et al
Before the Court is a petition for certiorari under Rule 65 of the 1997 Rules of Civil Procedure assailing the Decision dated November 24, 2003 and Resolution dated July 15, 20042 of public respondent National Labor Relations Commission in NLRC NCR CA No...
Promulgated on 2005-03-31

154. CA GR SP 61738: VIVA SHIPPING LINES INC. & CAPT. M. MACARAEG vs CHESELDAN GEORGE V. CARMONA
This is a petition for review under Rule 42 of the 1997 Rules of Civil Procedure seeking the review of the 22 September 2000 Decision1 of the Regional Trial Court (Branch 19) of Manila in Civil Case No. 00-97819, which affirmed the 27 December 1999 De...
Promulgated on 2005-03-31

155. CA GR SP 85001: Sps. Magayanes vs. Genoveva Manila Matocinos
Assailed in this petition for review is the decision rendered by the Regional Trial Court, Branch 8, Legazpi City rendered on May 25, 2004....
Promulgated on 2005-03-31

156. CA GR SP 88907: HRs. of Jose Alabanza, etc. vs. Hon. Sameul H. Gaerlan, etc., et al.
The instant petition for certiorari is ordered DISMISSED....
Promulgated on 2005-03-31

157. CA GR CV 62192: FERNANDO TRINIDAD, ET. AL. VS. CONSTANCIA CRUZ, ET. AL.
Before Us is an appeal from the Decision1 dated January 13, 1995 of the Regional Trial Court of Malolos, Bulacan, Branch 21, in Civil Case No. 7731-M...
Promulgated on 2005-03-31

158. CA GR SP 89031: SMCGC-SUPER vs. Hon. Patricia A. Sto. Tomas & Chris Garments Workers Union
A careful examination of the instant petition for certiorari shows that the it does not contain an explanation why resort was made to other modes of service of the petition to the parties concerned....
Promulgated on 2005-03-31

159. CA GR CV 57303: Merly P. Turallo vs. Republic of the Philippines
Assailed in this appeal is the decision1 of the Regional Trial Court of Iriga City in an application for registration of title, docketed as Land Reg. Case No. IR-213, which confirms the imperfect title of therein applicant and thereafter ordered the reg...
Promulgated on 2005-03-31

160. CA GR CR 24087: People vs. Ronald Mantos y Garde, et al.
Before us is an appeal from the Decision of the Regional Trial Court, Branch 143, Makati City finding accused-appellants Ronald Mantos y Garde and Rodel Capon y Rodela guilty of three (3) counts of rape....
Promulgated on 2005-03-31

161. CA GR CR 24624: People vs. Abraham Badua y Ramos
Before Us are two (2) appeals from the Decision, dated August 21, 2000, of the Regional Trial Court, Branch 30, San Fernando City, La Union, convicting Abraham Badua of the crime of Homicide in Criminal Case No. 4263....
Promulgated on 2005-03-31

162. CA GR SP 88703: Narain Atmaram Vaswani vs. Hon. Selma Palacio Alaras, et al.
The instant petition for certiorari is ordered DISMISSED....
Promulgated on 2005-03-31

163. CA GR SP 71671: Aurora B. Cuyco-Macapagal et.al., vs Jose Gorgonio
The certificate of land transfer is not a muniment of title that vests upon the farmer/grantee absolute ownership of his tillage.1 The certificate simply evidences the government?s recognition of the grantee as the party qualified to avail of the statutor...
Promulgated on 2005-03-30

164. CA GR SP 54196: The Roman Catholic Archbishop of Manila, etc. vs. Gregorio Francisco
This is an appeal, by petition for review, from the judgment of the RTC (Br. 75, Valenzuela City) in Civil Case No. 332-V-98 (The Roman Catholic Archbishop of Manila, etc., Plaintiff, versus Gregorio Francisco, Defendant), which reversed the judgment of t...
Promulgated on 2005-03-30

165. CA GR SP 82195: Ernesto Supetran et al vs. NLRC, et al
Assailed in the present petition for certiorari under Rule 65, 1997 Rules of Civil Procedure are the following: (1) Resolution dated August 18, 2003 of public respondent National Labor Relations Commission (NLRC) in NLRC Case No. 033042-02 which partially...
Promulgated on 2005-03-30

166. CA GR CV 63233: Desiree Ann Rancudo, et al vs. Virginia Rancudo Aquino, et al
This is an appeal from the Order, dated April 16, 1998, issued by the Regional Trial Court, Branch 52, of Guagua, Pampanga, denying appellant Virginia Rancudo Aquino s Motion praying that she be allowed to present her evidence ex-parte in support of her c...
Promulgated on 2005-03-30

167. CA GR SP 87771: Eagle Electric Workers & Employees Asso. vs. The Hon. Secretary of Labor & Employment, et al.
At bench is a petition for certiorari and prohibition seeking to set aside the Order of respondent Med-Arbiter dated October 15, 2004 in Case No. NCR-OD-M-0409-008,...
Promulgated on 2005-03-30

168. CA GR CV 80770: GOLDEN MIX CORPORATION vs. REPUBLIC OF THE PHILIPPINES
This is an appeal from the Decision dated May 19, 2003 (pp. 93-96, Records) of the Municipal Trial Court of San Jose, Batangas, granting the application for registration of title of Golden Mix Corporation in LRC Case No. 041....
Promulgated on 2005-03-30

169. CA GR CV 86492: Davao Palomique, et al. vs. Sps. Ronaldo and Edna Avena, et al.
In this Petition for Annulment of Judgment of the Order dated 18 November 2003 of the Regional Trial Court of Malolos City, Bulacan (Branch 12), and the Joint Decision dated 28 December 2003 of the Regional Trial Court of Malolos City, Bulacan (Branch 10...
Promulgated on 2005-03-30

170. CA GR SP 62066: Dean Antonio F. Mateo vs. Garrido "Boromeo" Modanza
Assailed in the present petition is the Resolution of the Office of the Ombudsman dated December 16, 1999 dismissing outright OMB Case No. 0-99-0578 entitled "Dean Antonio F. Mateo, Ph.D. -versus- Garrido "Bormeo" Modanza, et. al.",...
Promulgated on 2005-03-30

171. CA GR CV 81028: Nicanor Nadal vs. Pablo Gabriel
Considering the report of the Judicial Records Division that no appellant s brief has been filed despite the forty five (45)-day period of extension granted to appellant which lasted until September 29, 2004, the appeal is considered abandoned and accordi...
Promulgated on 2005-03-30

172. CA GR CV 81108: Aurora Caysip vs. Agapito Mendoza
Considering the report of the Judicial Records Division that no appellant s brief has been filed despite the ninety (90)-day period of extension granted to appellant which lasted until November 6, 2004, the appeal is considered abandoned and accordingly d...
Promulgated on 2005-03-30

173. CA GR SP 79230: Phil. Islands Corp., vs. Securities and Exchange et al
Before this Court is petitioner s motion for reconsideration1 of the 30 June 2004 Decision which dismissed the petition for review and affirmed the appealed Order of the Securities and Exchange Commission (SEC)....
Promulgated on 2005-03-30

174. CA GR SP 87466: JANSSEN PHARMACEUTICA, ET. AL. VS. NLRC, ET. AL
This is a petition for certiorari1 with prayer for the issuance of a Temporary Restraining Order (TRO) and/or a Writ of Preliminary Injunction...
Promulgated on 2005-03-30

175. CA GR CV 65077: Honesto Sabado, et al. vs. Development Bank of the Phils., et al.
On appeal by defendant Development Bank of the Philippines [DBP] is the Decision1 dated 14 June 1999 rendered by the Regional Trial Court of Dagupan City (Branch 42)...
Promulgated on 2005-03-30

176. CA GR CR 28119: People vs. Pedro Catuiran
This is an appeal from the decision rendered by the Regional Trial Court of Tuguegarao City (Branch 5) convicting herein accused-appellant Pedro Catuiran of Frustrated Murder....
Promulgated on 2005-03-30

177. CA GR CR 25719: People vs. Roberto Postadan, et al
Assailed in this appeal is the 2 July 2001 Decision of the Regional Trial Court of Baguio City, Branch 60 in Criminal Case No. 14420-R with the dispositive portion below:...
Promulgated on 2005-03-30

178. CA GR CV 66866: Armando Remo, Jr. vs. Director of Lands, et al.
On Appeal by the Republic is the decision dated 29 October 1999 of Branch 29 of the Regional Trial Court of Libmanan, Camarines Sur involving applications for land registrations of two parcels of land docketed as Land Registration Case N-L-024 and Land R...
Promulgated on 2005-03-30

179. CA GR CR 25826: People vs. Bernardo Bronzal, et al
Challenged in this appeal is the 23 July 2001 Decision of the Regional Trial Court, Branch 63, Calabanga, Camarines Sur in Criminal Case No. RTC 98-297 finding accused-appellant guilty of the crime charged against him, with the dispositive portion quoted...
Promulgated on 2005-03-30

180. CA GR CR 00257: People vs. Eduardo Taan @ Bebot and Danny Doe
This case was transferred to this Court by the Supreme Court pursuant to the ruling laid down in People vs. Mateo (G.R. Nos. 147678-87, 07 July 2004), whereby intermediate review by the Court of Appeals of criminal cases involving the penalty of death...
Promulgated on 2005-03-30

181. CA GR SP 56089: Ramon Santiago et al., vs. NLRC, et al
Sometime in 1994, the University of Baguio (or UB) applied for accreditation with the PACOCOA. In April 1994, realizing that the library was one of the aspects which would be evaluated for accreditation purposes, UB commissioned Leonie Cannon (or Cannon...
Promulgated on 2005-03-30

182. CA GR SP 77312: Jose Daguman vs. Estrella Garame
The aphorism in law that public office is a public trust has never been outdated and will always find its application, most especially to those which are recognized as the pillars of justice, such as the office of the city prosecutor....
Promulgated on 2005-03-30

183. CA GR CV 68748: Go Sui Guan vs. Lilia Donato
On Appeal is the Decision1 dated 17 January 2000 of Branch 1 of the Regional Trial Court of Bangued, Abra, in Civil Case No. 1394...
Promulgated on 2005-03-30

184. CA GR CV 56742: Filinvest Homes I Homeowners Asso. vs. Tivoli Royale Subd.
On Appeal is the October 1, 1996 Decision of the Regional Trial Court of Quezon City, Branch 80, that dismissed plaintiff-appellant?s action for failure to exhaust the administrative remedies available to it as well as the November 19, 1996 Order2 denying...
Promulgated on 2005-03-30

185. CA GR CV 77787: AMA COMPUTER COLLEGE, INC. VS. PBL
This is an appeal by AMA Computer College, Inc. from the decision of the Regional Trial Court, Branch 223, Quezon City, which dismissed its action for damages against the Philippine Basketball League...
Promulgated on 2005-03-30

186. CA GR CV 63589: Loreto S. Cenos, et al. vs. Rosalina Villaran
Before Us is an appeal from the Decision rendered by the Regional Trial Court, Branch 71, Pasig City...
Promulgated on 2005-03-30

187. CA GR SP 75485: TRansmar Agencies, vs. Hon. Leah Domingo-Regala, et al
Assailed in this Petition for Certiorari under Rule 65 of the revised Rules of Civil Procedure is the Resolution, dated August 7, 2002, issued by public respondent Judge Leah Domingo-Regala of the Regional Trial Court, Branch 226, Quezon City, rendered in...
Promulgated on 2005-03-30

188. CA GR CV 74045: Genalyn Young vs. Lilia Dy, et al
This is an appeal from the Orders issued by Branch 32 of the Regional Trial Court of San Pablo City. The dispositive portions of the assailed Orders are as follows:...
Promulgated on 2005-03-30

189. CA GR SP 82158: Nicphil Insurance vs. Jaf Realty
This resolves the Petition for Review filed by the petitioner seeking the judicial review of the 29 December 2003 Decision of the Arbitral Tribunal of the Construction Industry Arbitration Commission (CIAC) in CIAC Case No. 04- 2003 entitled JAF Realty...
Promulgated on 2005-03-30

190. CA GR CR 00699: People vs. Eduardo Corpuz
On appeal is the September 11, 2002 Joint Decision of the Regional Trial Court of Aparri, Cagayan, Branch 8, in Criminal Case Nos. 08-1346 to 08-1351, finding the accused-appellant Eduardo Corpuz guilty beyond reasonable doubt of five (5) counts of rap...
Promulgated on 2005-03-30

191. CA GR SP 86274: Phil. Economic Zone Authority vs. Mig-Wells Construction Corp., et al.
Before Us is a petition for certiorari under Rule 65 of the Rules of Court, with petitioner seeking the nullification and setting aside of the public respondent Construction Industry Arbitration Commission's (hereafter CIAC)...
Promulgated on 2005-03-30

192. CA GR CR 00512: People vs. Salvador Pajavera
Before this Court is an appeal, originally filed with the Supreme Court but referred to this Court pursuant to the decision in People vs. Mateo, from the decision dated March 30, 2001 but promulgated on April 23, 2001 of the Regional Trial Court, Fourth J...
Promulgated on 2005-03-30

193. CA GR CV 64158: Kodak Phil., vs. Sps. Alexander Lam, et al
Before this Court is an ordinary appeal filed by both parties on the 26 February 1999 Decision of the Regional Trial Court, Makati City, Branch 65 in Civil Case No. 92-3442 for Replevin and/or Recovery of a Sum of Money with Damages entitled Kodak Philip...
Promulgated on 2005-03-30

194. CA GR SP 81764: HEIRS OF THE LATE DOMINGO BARRAQUIO, ET AL. VS. DARAB, ET. AL.
This is a petition for review under Rule 43 of the Rules of Court assailing the resolution dated 29 December 2003 of the Department of Agrarian Reform Adjudication Board (DARAB) dismissing the appeal of the petitioners in DARAB Case No. R-0403-0299-98....
Promulgated on 2005-03-30

195. CA GR SP 88733: Josefina G. Sanchez vs. Dr. Alberto Mercado, et. al.
Subject to its timeliness, petitioner's Motion for Extension of Time to file Petition for Review is GRANTED and the Petition filed on March 16, 2005 is ADMITTED....
Promulgated on 2005-03-30

196. CA GR CR 29078: People of the Phils. vs. Ramon Tayag y Carreon
The present case involves a review of the Decision of the RTC of San Fernando City, Pampanga, Br.48, in Crim. Case Nos. 13806-07, affirming with modification the Decision of the Municipal Trial Court in Cities, San Fernando City, Pampanga, Branch IV...
Promulgated on 2005-03-30

197. CA GR SP 88004: SEHWANI, INCORPORATED and/or BENITA'S FRITES, INC., vs IN-N-OUT BURGER, INC.
In the interest of justice, it appearing that the petitioners had supplied the deficiency noted in the petition, the petitioners' Motion for Reconsideration is GRANTED, and the Resolution dated January 24, 2005 dismissing the petition outright is SET AS...
Promulgated on 2005-03-30

198. CA GR SP 78560: Juan Alex C. Nambong vs. NLRC, Solidbank Corp., Deogracias Nicolas Vistan, Edgardo A.M. Mendoza, Jr.
Before us are consolidated special civil actions for certiorari under Rule 65 of the 1997 Revised Rules of Civil Procedure separately filed by Juan Alex C. Nambong and Solidbank Corporation, now known as First Metro Investment Corporation, assailing t...
Promulgated on 2005-03-30

199. CA GR SP 56601: Jimmy D. Tiglao vs. Judge Priscilla Mijares of Pasay City RTC Br.108, et. al.
For consideration before this Court is a Petition for Certiorari and/or Prohibition with Prayer for Preliminary Injunction and/or TRO which seeks to annul and set aside the Decision dated Oct 12, 1999 rendered by the RTC, Br.108, Pasay City...
Promulgated on 2005-03-30

200. CA GR SP 86712: Josephine Hermano et al vs. NLRC, et al
Records show that notwithstanding petitioners effort to comply with the procedural requirements by attaching to their petition1 relevant and pertinent pleadings and documents, and by indicating the Community Tax Certificate numbers, dates, and places...
Promulgated on 2005-03-30

201. CA GR CR 28850: PEOPLE OF THE PHILIPPINES vs CELERINO CORPUZ Y TABILANGAN
In view of the Manifestation/Comment filed by accusedappellant Celerino T. Corpuz himself that he conformed with his counsel?s motion to withdraw his appeal, the APPEAL is hereby considered WITHDRAWN and this case is now TERMINATED....
Promulgated on 2005-03-30

202. CA GR SP 82385: Lingcong vs. NLRC, et al
On March 5, 2004, this Court issued a resolution dismissing this petition based on the following grounds:...
Promulgated on 2005-03-30

203. CA GR CV 69958: Antonio Garcia Jr. vs. Manuel M. Mendoza
Before us is an appeal from the Decision of the Regional Trial Court, Branch 146, Makati City...
Promulgated on 2005-03-30

204. CA GR CR 00686: People vs. Henry David Santiago
HC - Three (3) criminal charges were filed against the appellant Henry David Santiago (or hereafter Santiago) before the Regional Trial Court in Angeles City....
Promulgated on 2005-03-30

205. CA GR SP 69263: Ilocos Norte Electric Coop. vs. Hon. Judge Alejandrino C. Cabebe, et al.
On February 1, 2005, this Court issued a Resolution which reads: Considering the letter dated November 19, 2004 sent by the Clerk of Court V, RTC, Branch 18, Batac, Ilocos Norte with attached order dated August 11, 2004...
Promulgated on 2005-03-30

206. CA GR CR 24281: People vs. Fedilito Pedraja y Atienza
Accused-appellant Fedilito Pedraja y Atienza was charged with the crime of murder before the Regional Trial Court, Branch 4, Batangas City...
Promulgated on 2005-03-30

207. CA GR SP 88897: Liberty Insurance Corp. vs. Makati City RTC Branch 139 Judge, Maersk Line, et al.
For failure of Jose N. Aquino to submit a copy of the board resolution of the petitioner corporation authorizing him to execute the certificate of non-forum shopping, the petition is DISMISSED outright....
Promulgated on 2005-03-30

208. CA GR CV 81232: DYNAMIC FOOD OPPURTIES CORP. vs MAERSK LINE AND MAERSK-FILIPINAS
This is an appeal from the Decision dated December 15, 2003, rendered by the Regional Trial Court, Branch 43, Manila (hereafter RTC), in Civil Case No. 97-82959 for Damages, the dispositive portion of which reads as follows...
Promulgated on 2005-03-30

209. CA GR SP 57228: Francisco Mejia, Jr. vs. Sps. Juanito Perez and Soledad M. Araos
Before this Court is a Petition for Review under Rule 42 of the Rules of Court which seeks to annul and set aside the Decision dated December 7, 1999 as well as the Order dated January 18, 2000 denying the motion for reconsideration...
Promulgated on 2005-03-30

210. CA GR SP 74402: Roberta Ramos-Crisostomo, et al. vs. Hon. Cesar Orias, et al.
In the Resolution of January 10, 2003, the respondents were directed to file comment on the petition and to show cause why the writ of preliminary injunction should not be issued....
Promulgated on 2005-03-30

211. CA GR SP 77953: Filpride vs. Hon. Tranquil Salvador, et al
Before Us is petitioner s Motion for Reconsideration of this Court s Decision2 dated 22 July 2004....
Promulgated on 2005-03-30

212. CA GR SP 80831: San Miguel Corp. vs. Jennifer Dantis and Mandaluyong City RTC Br. 210
This is a Petition for Certiorari assailing the following Orders of the RTC, Branch 210 of Mandaluyong City, namely: (1) Order dated Aug 20, 2003, which denied the Motion to Admit Attached Notice of Appeal filed by herein petitioner San Miguel Corp....
Promulgated on 2005-03-30

213. CA GR SP 84127: Hexagon Group of Companies, et al. vs. NLRC and Victor Suma
This is a Petition for Certiorari filed pursuant to Rule 65 of the 1997 Rules of Court seeking to annul the Oct 29, 2003 Decision and the Feb 24, 2004 Resolution of the National Labor Relations Commission in NLRC NCR 30-04-02117-02 (CA NO. 034564-03)....
Promulgated on 2005-03-30

214. CA GR CR 00087: PEOPLE VS. NOEL MALOLOS Y LAGMAN
For consideration is the review of the Decision1 dated October 24, 2000 rendered by RTC Judge Reuben P. De La Cruz of Branch 272, RTC, Marikina City in Criminal Case No. 99-2750-MK...
Promulgated on 2005-03-30

215. CA GR SP 87595: EDDIE R. REGALARIO, et al. vs. HON. JOSE G. PANEDA, et al.
This special civil action for certiorari and prohibition with prayer for the issuance of a temporary restraining order and/or preliminary injunction seeks to annul the Order dated October 15, 2004 (Annex "A", Petition, pp. 30-36, Rollo) of Branch 219,...
Promulgated on 2005-03-30

216. CA GR CV 74254: Corazon G. Ruiz vs. Consuelo P. Torres, et al.
On appeal by plaintiff-appellant is the Judgment1 dated 18 December 2001 of the Regional Trial Court of Tarlac City (Branch 64)...
Promulgated on 2005-03-30

217. CA GR CV 75827: Sergio Balani, et al. vs. R.P.
Oppositor-appellant Republic of the Philippines appealed from the Decision dated February 26, 2002 of the 4th Municipal Circuit Trial Court (MCTC) of Alfonso General Aguinaldo, Alfonso, Cavite...
Promulgated on 2005-03-30

218. CA GR CR 00077: Peolpe vs Robert Kiwas Binawe
The peculiarity of circumstantial evidence under Sec. 4,Rule 133 of the Rules of Court is that the guilt of the accused cannot be deduced from scrutinizing just one particular piece of evidence. Circumstantial evidence is like a rope composed of many stra...
Promulgated on 2005-03-30

219. CA GR SP 74482: Manuel A. Lumayog Sr. vs.Leonard and Corazon Pitcock
Before us is a petition for review of the Decision of the Regional Trial Court, Branch 12, Lipa City, which affirmed the Decision of the Municipal Trial Courts in Cities (MTCC), Lipa City,...
Promulgated on 2005-03-30

220. CA GR SP 64650: P & G Industries Inc. et.al., vs Hon. Herminio I. Benito at.al.,
This Petition for Certiorari and Prohibition with prayer for Preliminary Injunction filed under Rule 65 of the 1997 Rules on Civil Procedure seeks to annul the Orders, dated January 22, 2001 and March 13, 2001, of the Regional Trial Court of Makati City,...
Promulgated on 2005-03-30

221. CA GR SP 84683: SALLY ROMAN and CONNIE ROMAN vs. SPOUSES DANILO VILLAMIEL and SHIRLEY P. TAN VILLAMIEL
The present petition for review under Rule 42 of the Revised Rules of Court calls for a revisit of the rule on possession by tolerance in unlawful detainer cases....
Promulgated on 2005-03-30

222. CA GR CV 65122: Zeny Manalo vs. Republic , et al
Before this Court is petitioner-appellee Zeny L. Manalo s Motion for Reconsideration of the Decision dated 28 July 2004, which reversed and set aside the decision of the Regional Trial Court declaring as null and void the marriage between petitioner-appel...
Promulgated on 2005-03-30

223. CA GR SP 78630: First Associated Medical vs. Elpidio Que, et al
For resolution before this Court is a motion for reconsideration of the Decision dated June 29, 2004 filed by petitioner praying that the decision be reconsidered and set aside and the complaint be dismissed as against petitioner....
Promulgated on 2005-03-30

224. CA GR SP 88256: St. Gabriel Builders vs. NLRC, et al
It fails to submit copies of the material portions of the record necessary to enable us to determine at the earliest period the evidence of a prima face merit. Atillo vs. Bombay 351 SCRA 361. These omitted records are the complaint for illegal dismissal...
Promulgated on 2005-03-30

225. CA GR SP 88102: Prince Traders Group Corp., etc. vs. N.L.R.C. & Berlino P. Francisco
In a Resolution dated January 14, 2005, the Court granted petitioner?s Motion for Extension of Time to File Petition for Certiorari and gave petitioner 15- day extension or from January 9, 2005 until January 24, 2005 within which to file the desired peti...
Promulgated on 2005-03-30

226. CA GR CV 58090: Victor P. Perez, et al. vs. Republic of the Philippines
Herein oppositor-appellant Republic of the Philippines seeks to nullify and set aside the decision of the Regional Trial Court of Quezon City, Branch 217 in LRC Case No. Q-8778(96), promulgated on November 18, 1997....
Promulgated on 2005-03-29

227. CA GR SP 84426: Edilberto D. Alopijan, Jr. vs. Hon. Eleuterio F. Guerrero, et al.
The elements of illegal possession of marijuana are: (a) the accused is in possession of an item or object which is identified to be a prohibited drug; (b) such possession is not authorized by law; and (c) the accused freely and consciously possessed the...
Promulgated on 2005-03-29

228. CA GR SP 88253: The Manufacturers Life Insurance vs. NLRC, et al
Assailed in this petition for certiorari under Rule 65 is the Decision dated September 27, 2004 reversing and setting aside the Decision dated April 15, 2004 of the Labor Arbiter which dismissed private respondent s complaint for illegal dismissal for l...
Promulgated on 2005-03-29

229. CA GR SP 84979: Francisco Bueno, Sr., vs. Judge Agustin Dizon, et al
This is a petition filed by petitioner Francisco Bueno under Rule 47 of the Rules of Court to annul the decision of the RTC of Quezon City dated January 29, 2002 ordering Bueno, as defendant, to pay damages to the respondent Elisa Icasiano, as plaintiff i...
Promulgated on 2005-03-29

230. CA GR CV 78278: Rosenda Fajardo, et al. vs. Bases Conversion and Dev. Authority, et al.
Appellants Rosenda Fajardo, Marilou Natura, Ricardo Mones, Rogelio Morales, Cristina Laggui, Estrella Tayco, Rovil Sabando, Pepito Almario, Mario Aquino and Zeny Lobo (or hereafter the appellants) filed before the Regional Trial Court in Pasig City (or RT...
Promulgated on 2005-03-29

231. CA GR SP 87858: Romeo Soho, et al vs. NLRC, et al
Assailed in this petition for certiorari under Rule 65 is the Resolution dated May 19, 2004 affirming the Decision dated October 30, 2002 of the Labor Arbiter which dismissed petitioners complaint for illegal dismissal, as well as the Resolution dated Se...
Promulgated on 2005-03-29

232. CA GR SP 88023: David Barrameda vs. Sps. Arnulfo Nino
This is a Petition for Review filed under Rule 42 of the 1997 Rules of Civil Procedure, as amended, seeking to annul and set aside the Decision dated November 8, 2004 of the Regional Trial Court of Naga City, Branch 23, rendered in Civil Case No. 2004-012...
Promulgated on 2005-03-29

233. CA GR CV 69430: Normita Dino, et al. vs. Herminia Igna
It bears stressing that absolute identity of parties is not required for the principle of res judicata, or the rule on bar by prior judgment, to apply....
Promulgated on 2005-03-29

234. CA GR SP 70062: Dr. Gloria E. Punzalan vs. Yoshitsugu Matsuura, et al.
The determination of probable cause in a preliminary investigation is judicially recognized as an executive function which exclusively belongs to the Prosecutor to the exclusion of the courts and he is under no obligation to file a criminal action where...
Promulgated on 2005-03-29

235. CA GR CR 00436: People vs. Jay Medina
Nine-year-old Melisa Tolledo ran away from home. A street urchin she became, falling prey to the bestial desires of a creature replete of malice and impiety. Her mother will forever regret how her apathy had scarred her little girl for a lifetime....
Promulgated on 2005-03-29

236. CA GR CV 81342: Heirs of Juan Marcos, et al vs. Oscar Dumaliang, et al
This is an appeal from the Order dated November 17, 2003 of the Regional Trial Court of Cauayan City, Isabela, Branch 20 in Civil Case No. Br. 20-1264 dismissing the complaint for quieting of title, declaration of nullity and cancellation of titles with...
Promulgated on 2005-03-29

237. CA GR CR 27933: People vs Rey G. Dela Cruz
The appellant impugns the Decision dated September 22, 2003 of the Regional Trial Court of Laoag City, Ilocos Norte, Branch 12, in Criminal Case No. 9929-12, finding him guilty of the crime of frustrated murder based on evidence that proved the following...
Promulgated on 2005-03-29

238. CA GR CV 55323: Clarito A. Ticzon & Melba Tumang Ticzon vs. Republic of the Philippines
On August 26, 1964, the appellees spouses Clarito Ticzon and Melba Tumang Ticzon bought a parcel of land from Consorcia Dichoso for a consideration of FORTY THOUSAND PESOS (P40,000.00)....
Promulgated on 2005-03-29

239. CA GR SP 52197: Phil. Apparel vs. NLRC, et al
The question posed in this case is whether an order of the Securities and Exchange Commission declaring a distressed company in a state of suspension of payments extends to money claims pending against the company before the labor adjudicative agencies....
Promulgated on 2005-03-29

240. CA GR CV 60578: Lino Diesmos vs. Republic of the Philippines
On appeal before this court is the June 29, 1997 order1 of the Regional Trial Court of Calapan, Oriental Mindoro, Branch 39, in Petition No. 19, 047, granting the herein appellee?s petition for judicial reconstitution of the original copies of Transfer Ce...
Promulgated on 2005-03-29

241. CA GR SP 74618: The Republic of the Phil., vs. Gladina Baligad, et al
Necessity is, indeed, the master of all inventions. In 1920s, the famous American street gangs encountered a major problem in seeking a legitimate explanation for the origin of their money generated by the import and sale of alcohol and other rackets suc...
Promulgated on 2005-03-29

242. CA GR SP 82411: Atlantic Erectors vs. ACS Manufacturing Corp.
This is a petition for review under Rule 42 of the Revised Rules of Civil Procedure which seeks to annul and set aside the decision of Branch 213 of the Regional Trial Court of Mandaluyong City which sustained the Municipal Trial Court s judgment on the...
Promulgated on 2005-03-29

243. CA GR CV 68644: PSB vs. Sps. Ernesto Libranda
Defendant-appellant Ernesto U. Libranda, estranged from his wife Jane D. Libranda, comes alone to this Court on appeal from the Decision dated January 18, 2000 rendered by the Regional Trial Court, Branch 142, Makati City, decreeing in Civil Case No. 97-2...
Promulgated on 2005-03-29

244. CA GR SP 82568: SPOUSES MERTO vs SPOUSES ARCIGA
Before Us is a petition for review of the Decision of the Regional Trial Court, Branch 195, Paranaque City, dated November 24, 2003, which affirmed in toto the Decision of the Metropolitan Trial Court, Branch 78, Paranaque City dated April 15, 2003...
Promulgated on 2005-03-29

245. CA GR CV 56586: Corona International, Inc. vs. Phil. Coconut Authority
On appeal is the Decision holding defendant-appellant Philippine Coconut Authority liable to pay plaintiff appellee Corona International, Inc. actual damages arising from alleged breach of contract, particularly the unpaid price for the installation of...
Promulgated on 2005-03-29

246. CA GR CV 67387: Rizal Commercial Banking vs. Security Bank & Trust
May a drawer bank which issued a manager s check dishonor the payment of its value, on the ground that the same was not cleared by the collecting bank....
Promulgated on 2005-03-29

247. CA GR SP 85079: Alexander Dayrit et al, vs. Hon. Gregorio Villanueva, et al
In this petition for certiorari under Rule 65 of the Rules of Court, petitioners D & H Mercantile, Inc. and its President and General Manager, Alexander Dayrit impugn the Orders dated January 27, 2004 and June 2, 2004 of the Regional Trial Court, Branch...
Promulgated on 2005-03-29

248. CA GR CV 80445: Myrna P. Matanguihan vs Ma. Rebecca Cuezon et.al.
This is an appeal from the Order dated July 14, 2003, of the Regional Trial Court of Binangonan, Rizal, Branch 69, in Civil Case No. 03-001, entitled, Myrna P. Matanguihan, plaintiff, v. Value Care Health Systems, Inc. and Rebecca Cuezon, defendants, dism...
Promulgated on 2005-03-29

249. CA GR CV 50918: Rene Sy vs. BPI
Before this Court is a motion for reconsideration of the decision dated July 23, 2004 by defendant-appellee BPI Famiuly Bank on the grounds that there is no agency relationship between BPI Family Bank and the insurer PBAC; and that an indispensable party...
Promulgated on 2005-03-29

250. CA GR SP 82302: Orchard Property Marketing Corp., et al. vs. NLRC, et al.
Assailed by petitioners Orchard Property Marketing Corporation and Eduardo U. Tirona in this Petition for Certiorari filed under Rule 65 of the Rules of Court, are the Resolution1 dated November 14, 2003 of public respondent National Labor Relations Commi...
Promulgated on 2005-03-29

251. CA GR CV 68743: Iniwe vs. Torribio Padilan
Defendant-appellant Torribio Padilan appeals from the Decision dated May 22, 2000 rendered by the Regional Trial Court, Branch 8, La Trinidad, Benguet, in an action for damages docketed as Civil Case No. 96-CV-1123, instituted by plaintiffsappellees Ante...
Promulgated on 2005-03-29

252. CA GR SP 81715: Angelina Francisco vs Hon. Ramon S. Caguioa et.al.
By this special civil action of certiorari with prayer for temporary restraining order/preliminary injunction, Petitioner contends that the lower court should not have taken cognizance of the criminal case filed against her for lack of jurisdiction beca...
Promulgated on 2005-03-29

253. CA GR CV 81684: Insurance Co, of North America vs. Aboitiz Shipping Corp
This is an appeal from the Decision dated November 14, 2003 dismissing the present complaint filed by the insurer against the defendant carrier seeking reimbursement for damages sustained by cargo transshipped and delivered to the consignee in the Philip...
Promulgated on 2005-03-29

254. CA GR SP 82448: Eduardo Quinto vs. NLRC, et al.
Assailed in this petition for certiorari filed by petitioner Eduardo Quinto, is the resolution1 in C.A. NO. 032470-02 of public respondent National Labor Relations Commission, Third Division, [NLRC] dated November 20, 2003...
Promulgated on 2005-03-29

255. CA GR CV 50228: Aurelio Palad vs. Rosela Rayos
Before this Court is an appeal from the Decision dated Sept 30, 1994 of the RTC of Calapan, Oriental Mindoro, Branch 40, in Civil Case No. R-4188, which dismissed plaintiff Aurelio Palad's complaint for declaration of nullity of marriage....
Promulgated on 2005-03-29

256. CA GR CV 80983: AVESCO Marketing Corp. vs. Asiakonstruckt, etc.
On appeal before this Court is the November 5, 2003 decision of the Regional Trial Court of Quezon City, Branch 80 in Civil Case No. Q- 98- 35856, disposing of the plaintiff-appellee?s complaint for a sum of money against the defendant-appellant....
Promulgated on 2005-03-29

257. CA GR CV 61818: SPS. ERNESTO LAHOM and GLORIA DE GUZMAN VS. pnb, ET. AL.
On appeal is the Decision1 dated September 17, 1998, rendered in Civil Case No. SD-1330 by Branch 37 of the Regional Trial Court of Baloc, Sto. Domingo, Nueva Ecija...
Promulgated on 2005-03-29

258. CA GR CR 00230: PEOPLE OF THE PHILIPPINES vs. RENATO DELA CRUZ,
On appeal pursuant to A.M.-00-5-03-SC is the decision of the Regional Trial Court of Quezon City, Branch 81, in Criminal Case Nos. Q-01-97536 and Q-01-97537, finding Renato De la Cruz y Caleja guilty beyond reasonable doubt of two (2) counts of Murder....
Promulgated on 2005-03-29

259. CA GR CV 72812: Cesar Gatchalian vs. Republic of the Philippines
On Appeal is the Order dated 9 October 2001 of Branch 83 of the Regional Trial Court of Malolos, Bulacan involving the petition for reconstitution of TCT No. T-242264 of the Registry of Bulacan and the issuance of second owner's duplicate copy thereof...
Promulgated on 2005-03-29

260. CA GR CV 58520: Roberto Soriano vs. Republic of the Philippines
The present appeal seeks the reversal of the Order dated 28 February 1997 of the Regional Trial Court of Oriental Mindoro, Branch 40, in Petition No. 18,619, the dispositive portion of which reads as follows:...
Promulgated on 2005-03-29

261. CA GR SP 52954: Gregorio Tullao, et. al. vs. Elizabeth Reyes-Crespo, et. al.
Before this Court is a Petition for Review under Rule 42 of the Rules of Court which seeks to annul and set aside the joint Decision dated March 18, 1999 issued by the Regional Trial Court of Valenzuela City, Branch 172...
Promulgated on 2005-03-29

262. CA GR SP 56888: Pinag-isang Tinig ng Anak Pawis, et. al. vs. Fidmar Laundry & Garments, Inc., et. al.
For consideration before this Court is a Petition for Certiorari under Rule 65 of the Rules of Court seeking to reverse and set aside the following: a) the Resolution dated Feb 26, 1999 issued by the National Labor Relations Commission, First Division...
Promulgated on 2005-03-29

263. CA GR CV 66779: Gregorio Cahigan, et al. vs. Jose Cahigan
A title, once registered under the Torrens system, cannot be defeated even by adverse, open and notorious possession; neither can it be defeated by prescription....
Promulgated on 2005-03-29

264. CA GR SP 69819: Sps.Elpidio I. Flores and Marietta C. Flores vs Mauricia Aquino et.al.,
The only issue in an action for forcible entry is the physical or material possession of real property, that is, possession de facto and not possession de jure. The philosophy underlying this remedy is that irrespective of the actual condition of the titl...
Promulgated on 2005-03-29

265. CA GR CV 67562: Modesto Masangkay Jr., vs. PNB, et al
BEFORE US is a Partial Motion for Reconsideration filed by defendant-appellants, seeking for the reconsideration of the Decision dated 27 October 2003, the dispositive portion of which reads:...
Promulgated on 2005-03-29

266. CA GR CV 63956: SYSTEMS REALTY DEVELOPMENT CORPORATION vs SYNERGY CONSTRUCTION AND DEVELOPMENT CORPORATION
A contract, being consensual, is perfected by the mere consent of the parties. Once perfected, contracts are the law between the contracting parties. Obligations arising from contracts have the force of law between the contracting parties and should be co...
Promulgated on 2005-03-29

267. CA GR SP 71715: Rodolfo R. Cabuhat vs. Micronesia Manpower Resources Corp., SSS
Before Us is a Petition for Certiorari under Rule 65 of the 1997 Rules of Civil Procedure filed by petitioners Spouses Celones ("Petitioners") with prayer for the issuance of a temporary restraining order and preliminary injunction. Ascribing grave ab...
Promulgated on 2005-03-28

268. CA GR CR 00251: People vs. J.J Rolando Apilado y Dela Cruz
Before Us, by way of automatic review, is the Decision dated 21 November 2002 rendered by the Regional Trial Court of Capas, Tarlac, Branch 66 in Criminal Case No. 1546-(2000), entitled "People of the Philippines vs. Rolando Apilado," the dispositive...
Promulgated on 2005-03-28

269. CA GR CR 25866: Guillerma S. Trinidad, et al. vs. People
This is a Petition for Review which seeks to nullify the November 7, 2001 Decision of the Regional Trial Court of Marikina City, Branch 273 which affirmed the December 15, 2000 Decision of the Metropolitan Trial Court of Marikina City, Branch 76,...
Promulgated on 2005-03-28

270. CA GR CR 22909: People vs. Santiago Tamayo
Before Us on appeal is the December 15, 1998 Decision of the Regional Trial Court of San Carlos City, Pangasinan, Branch 57 in Criminal Case No. SCC-2509,...
Promulgated on 2005-03-28

271. CA GR CV 79195: Agnes Aguas Austial, et al. vs. Marilyn Razon
Before Us for resolution is a Decision (dated February 26, 2003) of the Regional Trial Court (Branch 55) in Lucena City, in Civil Case No. 2000-30 (recovery of possession of real property)....
Promulgated on 2005-03-28

272. CA GR CV 79567: Mariquit N. Manuel vs. Zardi Melito Abellera
Before Us for resolution is a Motion for Reconsideration filed by the petitioner-appellant herein (pages 83-88 of the Rollo), on Our Decision (promulgated on November 05, 2004), affirming in toto the trial court's decision...
Promulgated on 2005-03-28

273. CA GR SP 86455: Melvin I. Palma vs. Employees Compensation Commission, et al.
In this Petition for Review under Rule 43 of the 1997 Rules of Civil Procedure, petitioner seeks the reversal and setting aside of the Decision of the Employees' Compensation Commission (ECC)...
Promulgated on 2005-03-28

274. CA GR SP 86212: Felicidad B. Castro vs. Hon. Jose C. Pilar, et al.
We have carefully reviewed and appreciated petitioner's arguments in seeking a reconsideration of Our January 6, 2005 Decision denying due course to the petition but sadly, We find no compelling or justifiable reason to grant the same....
Promulgated on 2005-03-28

275. CA GR CV 75856: Bernardo Aseneta, et al vs. Sps. Salvacion Ladanga, et al
Before this Court is an appeal from the decision dated April 9, 2002 of the Regional Trial Court, National Capital Judicial Region, Branch 102, Quezon City in Civil Case No. Q-39144 entitled, Bernardo Aseneta, substituted by the Estate of...
Promulgated on 2005-03-28

276. CA GR CR 24761: PEOPLE OF THE PHILIPPINES vs MANUEL FLORDELIZ y DAVID
This is an appeal from the decision of the Regional Trial Court, Branch 219, Quezon City, in Criminal Case No. Q97-69132, finding appellant Manuel Flordeliz y David guilty of violating Sec. 15, Art III of RA 6425, otherwise known as the Dangerous Drugs...
Promulgated on 2005-03-28

277. CA GR CV 76831: Sps. Toring vs. Sps. Ganzon, et al.
This is an appeal from the June 10, 2002 Resolution of the Regional Trial Court, Branch 276, Muntinlupa City, which disposed of the merits of the case....
Promulgated on 2005-03-28

278. CA GR CV 59404: Sps. Ruben and Zenaida Carandang vs. R.P.
At bar is an appeal from the December 22, 1997 Order1 of the Regional Trial Court, Branch XI, Balayan, Batangas,...
Promulgated on 2005-03-28

279. CA GR SP 78916: LEILIZA G. CARAG vs NLRC, et al
This is a petition for certiorari and mandamus under Rule 65 seeking to reverse and set aside the decision of the public respondent National Labor Relations Commission (NLRC) dated 30 October 2002 affirming the Labor Arbiter's decision dismissing peti...
Promulgated on 2005-03-28

280. CA GR SP 88939: SPS. ROQUE TY AND ANDREA TY vs. VIRGINIA CHE as represented by RANULFO RAMIL CERDENO,
We resolve to dismiss the instant petition for review because: a) it contains no written explanation why service of a copy thereof was made through registered mail and not by personal service (MC Engineering Inc. v. NLRC, 300 SCRA 183 [2001]);...
Promulgated on 2005-03-28

281. CA GR CR 25681: People vs. Rosalie M. Versola
This is an appeal from the June 29, 2001 Decision of the Regional Trial Court of Romblon, Romblon, Branch 81, in Criminal Case No. 2190, finding accused Rosalie M. Versola guilty beyond reasonable doubt of the crime of Estafa....
Promulgated on 2005-03-28

282. CA GR SP 88150: Faberge, Inc. vs. Asia Marketing, Corp.
It appearing that no petition for review was filed within the extended period, this case is deemed abandoned and accordingly DISMISSED....
Promulgated on 2005-03-28

283. CA GR SP 85973: Restituto S. Valles vs. NLRC, et al.
Before Us for Resolution is a Motion for Reconsideration filed by the petitioner on Our September 20, 2004 Resolution which dismissed the petition outright for reasons stated therein....
Promulgated on 2005-03-28

284. CA GR SP 71187: Agro Filipino, Inc., Nolasco Gonzales, et al. vs. Bulacan RTC Br.7 Judge, Frederico Gonzales, et al.
A petition for certiorari, with prayer for the issuance of a temporary restraining order and/or preliminary injunction, seeking to annul and set aside the Orders dated August 1, 2001, August 23, 2001, and May 28, 2002,3 all issued by Honorable Judge Da...
Promulgated on 2005-03-28

285. CA GR SP 85575: Dolmar Properties vs. Hon. Fatima Asdala, et al
Finding no new matter of substance which would warrant the reconsideration much less the reversal of the decision dated January 31, 2005, private respondent s Motion for Reconsideration is hereby DENIED for utter lack of merit....
Promulgated on 2005-03-28

286. CA GR SP 81245: Raytheon Ebasco Overseas, Ltd. vs. NLRC, et al.
Before the Court is a Petition for Certiorari under Rule 65 of the 1997 Rules of Civil Procedure seeking to nullify the 15 April 2003 Decision of the Second Division of National Labor Relations Commission in NLRC-CA No. 025813-00...
Promulgated on 2005-03-28

287. CA GR SP 80957: Philippine Airlines, Inc. vs. Mr. Rene Banez
In this Petition for review under Rule 43 of the Revised Rules of Court, petitioner PHILIPPINE AIRLINES INCORPORATED assails the Decision dated August 28, 2003 and the Resolution dated November 4, 2003 rendered by the public respondent COURT OF TAX APPEAL...
Promulgated on 2005-03-28

288. CA GR CV 67542: Antonio Gepule, Angelina Dela Cruz, et al. vs. Heir of Demetrio and Valeriana Cruz, et al.
This is an appeal from the Decision dated March 1, 2000 of the Regional Trial Court, Branch 145, City of Makati, in Civil Case No. 93-3517 for "Declaration of Deed of Absolute Sale Uneffective (sic), and Transfer Certificate of Title (TCT) No. 181795...
Promulgated on 2005-03-28

289. CA GR CR 00559: People vs. Virgilio Cardenas
This case involves a criminal judgment of conviction where the trial court imposed upon the accused the penalty of reclusion perpetua to death. Accordingly, on 21 September 2004, the Supreme Court transferred the instant automatic review to this Court for...
Promulgated on 2005-03-28

290. CA GR SP 88893: Universal Rightfield et al., vs. Hon. Paulita Villarante, et al
Before this Court is a petition for certiorari filed by petitioners Universal Rightfield Property Holdings, Inc. (URPHI) and Universal Leisure Corporation (ULC) on 14 March 2005....
Promulgated on 2005-03-28

291. CA GR SP 76500: Diamond-H Marine vs NLRC, et al.
DISMISSAL of two sailormen is the heart of the controversy in this petition for certiorari to annul the Decision of the National Labor Relations Commission (NLRC), affirming the Decision of the Labor Arbiter, as well as its resolution partly granting pet...
Promulgated on 2005-03-28

292. CA GR SP 76804: Loreto Joaquin vs Hon. Fe Madrid
JUDGES must, at all times, preserve the trust and confidence reposed in them by the parties as impartial, unbiased and dispassionate dispensers of justice....
Promulgated on 2005-03-28

293. CA GR SP 77432: Dionisio de Castro, et al. vs. Hon. Eutiquio Quitain, et al.
Before this Court is a petition for certiorari with prayer for the issuance of a writ of preliminary injunction and/or temporary restraining order, seeking to annul and set aside, for having been issued with grave abuse of discretion...
Promulgated on 2005-03-28

294. CA GR SP 79157: RODIL ENTERPRISES, INC. VS. OFFICE OF THE PRESIDENT, ET. AL.
Before us is a petition for certiorari, with a prayer for the issuance of a preliminary injunction/temporary restraining order, seeking to nullify the order of execution by the Office of the President (OP) of its 8 February 1994 decision in OP Case No...
Promulgated on 2005-03-28

295. CA GR CR 26343: People vs. Romeo Jesalva
Accused-appellant Romeo Jesalva (or appellant) appeals from the decision dated March 18, 2002 of the Regional Trial Court of Sorsogon, Sorsogon, Branch 53, in Criminal Case No. 92-30752 convicting him of homicide...
Promulgated on 2005-03-28

296. CA GR CR 00406: People of the Philippines vs. Rudy Boy Villalon
On March 18, 2004, the accused-appellant was convicted by the Regional Trial Court of Labo, Camarines Norte, Branch 64 with the crime of rape and was sentenced to suffer the penalty of reclusion perpetua....
Promulgated on 2005-03-22

297. CA GR CV 78753: Florentina Lim, et al. vs. Equitable Banking Corp.
Challenged in this appeal is the Order dated June 18, 2002 of of the Regional Trial Court in Malolos, Bulacan...
Promulgated on 2005-03-22

298. CA GR SP 88826: TS Tech Philippines, Inc., et al. vs. Labor Arbiter Lita V. Aglibut, et al.
The instant petition for certiorari was filed without first availing of a motion for reconsideration of the assailed arbiter's order....
Promulgated on 2005-03-22

299. CA GR CV 79167: Social Security Commission vs. Mr. and Mrs. Napoleon de Guzman
This is an appeal from the Order dated June 30, 2003 of the Regional Trial Court of Quezon City, in that suit for Recovery of Possession with Prayer for the Issuance of Writ of Possession...
Promulgated on 2005-03-22

300. CA GR SP 78118: RODOLFO CRUZ, JR., ET. AL. VS. HON. SIMEON A. DATUMANONG, ET. AL
Before Us is a Petition for Certiorari and Prohibition with prayer for the issuance of a temporary restraining order and/or a writ of preliminary injunction...
Promulgated on 2005-03-22

301. CA GR SP 79189: JORJAN MULTI-BAG DISTRIBUTION CENTER vs HON. EDUARDO B. PERALTA, JR.
Before Us is a petition for certiorari under Rule 65 of the Rules of Court seeking to nullify and set aside the following Orders of the Regional Trial Court of Manila, Branch 17, to wit:...
Promulgated on 2005-03-22

302. CA GR SP 84812: Ariel Puncia, et al vs. Equalizer Detective, et al
Before this Court is a Petition for Certiorari1 assailing the resolutions dated December 30, 2003 and April 22, 2004 of the National Labor Relations Commission in NLRC SUB RAB V CASE Nos. 05-09-00518-02 and 05-10-00532-02;...
Promulgated on 2005-03-22

303. CA GR SP 87514: Gozon, vs. NLRC, et al
Before this Court is a Petition for Certiorari under Rule 65 of the 1997 Rules of Civil Procedure assailing the resolutions dated June 14, 2004 and September 6, 2004 of public respondent National Labor Relations Commission (NLRC) in NLRC NCR Case No. 00-...
Promulgated on 2005-03-22

304. CA GR CV 80817: Beltran vs. Antonio Mendoza, et al
Before this Court is an appeal from the decision dated July 17, 2003 of the Regional Trial Court, Fourth Judicial Region, Branch 12, Lipa City in Civil Case No. 2000-0272 entitled Spouses Roberto M. Beltran and Rebecca Beltran, Plaintiffs vs. Antonio Me...
Promulgated on 2005-03-22

305. CA GR CV 76177: Remedios Padilla Bumanlag et al. vs. Republic of the Philippines
Up for consideration is the appeal of the Republic of the Philippines (hereafter the Republic) from the grant of the Application for Land Registration filed by the spouses Ireneo Bumanlag and Remedios Padilla Bumanlag...
Promulgated on 2005-03-22

306. CA GR CV 75446: Feliciano O. Tan vs. DPWH, et al.
Appeal by writ of error from the decision of the Regional Trial Court of Guagua, Pampanga in Civil Case No. G-3583, an action for Sum of Money with Damages....
Promulgated on 2005-03-22

307. CA GR CV 81666: EXPEDITA L. AQUINO vs.CAMARINES SUR ELECTRIC COOPERATIVE, et al.
In its Motion for Reconsideration, defendant-appellee correctly pointed out that the Amended Complaint contains no allegation that "the plaintiff purchased computer units from the defendant." What the amended complaint averred is that "plaintiff bought...
Promulgated on 2005-03-22

308. CA GR SP 88678: Catherine Marquez vs. Hon. Edwin D. Sorongon, et al.
Before us is a Petition for Certiorari under Rule 65 of the 1997 Rules of Civil Procedure seeking the nullification and setting aside of the Joint Order dated December 9, 2004 of the Regional Trial Court of Mandaluyong City, Branch 214, in Criminal Cas...
Promulgated on 2005-03-22

309. CA GR SP 82201: Bernardo Aguinaldo vs. Constantino Aguinaldo, et al.
This Petition for Certiorari and Prohibition seeks the nullification, on the ground of grave abuse of discretion, of the Resolution dated 18 July 2003 of the Regional Trial Court of Malolos, Bulacan, Branch 22...
Promulgated on 2005-03-22

310. CA GR SP UDK 5306: Manalaysay vs. Hon. Oscar Pimentel, et al
A motion for extension of time to file a petition for certiorari was filed by petitioners on March 8, 2005. The period for filing the petition appears to have ended on March 5, 2005 which is 60th day from January 4, 2005 when petitioners allegedly receive...
Promulgated on 2005-03-22

311. CA GR SP 88770: HEIRS OF J. AMADO ARANETA vs HEIRS OF FLORENCIO ANCAYA
A perusal of the petition reveals the following infirmities, to wit: 1. There is no statement of material dates to determine the timeliness of the filing of the petition for review in violation of Sec. 6, Rule 43 of the 1997 Rules of Civil Procedure,...
Promulgated on 2005-03-22

312. CA GR SP UDK 5304: Louella T. Aguilar, et al. vs. Innodata Phils., Inc., et al.
A motion for extension of time to file a petition for certiorari was filed by petitioners on February 28, 2005, which is allegedly the last day for them to file the said petition, praying for an additional period of fifteen (15) days, or until March 15,...
Promulgated on 2005-03-22

313. CA GR CV 82043: Maria Cleofas Ravida Ignacio vs. WILFREDO F. IGNACIO,
This is a notice of appeal filed with the court a quo on February 11, 2004. However, as appearing in the records, the appellate court docket fee which under Section 4, Rule 41 of the Rules of Court should be paid within the period for taking the appeal, w...
Promulgated on 2005-03-22

314. CA GR SP 88860: Maridol Cumpio-Calingasin vs. NLRC, et al.
A petition for certiorari, which seeks to annul the Decision dated May 7, 2004 and Resolution dated November 26, 2004 of the National Labor Relations Commission was filed by petitioner with this Court by registered mail on February 21, 2005....
Promulgated on 2005-03-22

315. CA GR SP 33116: Custom Directory et al vs. Hon. Pedro Santiag, et al
A writ of preliminary injunction was issued by the Regional Trial Court of Quezon City on January 20, 1994 1 enjoining the petitioners from producing, selling and soliciting advertisements for their calendar planner directory during the pendency of a case...
Promulgated on 2005-03-22

316. CA GR SP 75840: dela Cruz vs. Hon. Thelma Ponferrada
The petitioners Miniano and Leta De la Cruz were charged before the Regional Trial Court of Quezon City with the offense of estafa through falsification of public document under an information which read :...
Promulgated on 2005-03-22

317. CA GR SP 72097: Sps. Renato and Delia Legaspi, et al. vs. Hon. Amelia C. Manalastas, et al.
The petitioners spouses Renato and Delia Legaspi (hereafter referred to as the Legaspis) and Green Asia Construction and Development Corporation (or Green Asia), in this petition for certiorari ask that the (a) Order dated April 1, 2002 denying their appl...
Promulgated on 2005-03-22

318. CA GR CV 79387: Engracio B. Rodrigo vs. R.P.
Appeal from the Decision of the Regional Trial Court of Tayug, Pangasinan, Branch 52, in LRC Case No. T-99-036...
Promulgated on 2005-03-22

319. CA GR SP 78327: Aenaos Shipping Services, et al. vs. NLRC, et al.
Challenged in the instant petition for certiorari under Rule 65 of the 1997 Rules of Civil Procedure are the Decision and Resolution of public respondent National Labor Relations Commission (NLRC), dated June 28, 2002 and May 21, 2003...
Promulgated on 2005-03-22

320. CA GR CV 67462: Heirs of Maria P. Valdez, et al vs. Heirs of Cipriano Pascua, Sr., et al
Contested before the Regional Trial Court (or RTC) of Olongapo City (Branch 73), in an action for reconveyance quieting of title and damages, was a parcel of land with an area of 23.7229 hectares (or disputed property) situated at Cabitaugan, Subic, Zamba...
Promulgated on 2005-03-22

321. CA GR SP 80932: Samahan ng Manggagawa sa Qualitex Garments vs. NLRC, et al.
At bar is a petition for certiorari under Rule 65 of the Rules of Court assailing the 30 June 2003 and 30 September 2003 Resolutions of the National Labor Relations Commission (NLRC) in NLRC NCR Nos. 11- 0592-2001 and 02-00898-2002...
Promulgated on 2005-03-22

322. CA GR SP 86690: FEU-NRMF Employees Asso.- Alliance of Filipino Workers, et al. vs. NLRC, et al.
Before Us is a petition for certiorari under Rule 65 of the Rules of Court, with petitioner seeking the nullification and setting aside of the public respondent National Labor Relations Commission?s (hereafter NLRC): a.) Resolution,1 dated 23 September...
Promulgated on 2005-03-22

323. CA GR SP 80041: JOSEPH U. CHUASON, et al vs HON. BONIFACIO SANZ MACEDA, et al
Before this Court is a Petition for Certiorari in accordance with Rule 65 of the 1997 Rules of Civil Procedure, in an attempt to annul and set aside, for having been issued with grave abuse of discretion amounting to lack or excess of jurisdiction, the...
Promulgated on 2005-03-22

324. CA GR SP 84898: Gloria Parongan vs. Eduardo Cruz, et al
For resolution is the respondents Motion for Reconsideration of this Court s Decision dated January 24, 2005....
Promulgated on 2005-03-22

325. CA GR CV 81492: Sps. Agapito Valdez and Nelia Castillo vs. Arcadia Corcuera Castillo
The appellees spouses Agapito Valdez and Nelia Castillo (or hereafter Nelia) sued the latter's mother Arcadia Corcuera Castillo (or Arcadia) before the Regional Trial Court in Tarlac City for Specific Performance, Injunction....
Promulgated on 2005-03-22

326. CA GR CR 00540: People vs. Paterno Oliquino
This is an appeal from a decision of conviction for rape which was referred to Us by the Supreme Court for intermediate review as it involves the penalty reclusion perpetua....
Promulgated on 2005-03-21

327. CA GR SP 72111: Manuel Guarin, et al. vs. NLRC, et al.
Before Us is a petition for certiorari assailing the Decision dated May 21, 2002 of the National Labor Relations Commission (NLRC) and its Resolution dated July 29, 2002, in the appealed labor case NLRC NCR CASE No. 30-07-02866-00...
Promulgated on 2005-03-21

328. CA GR CR 28010: People vs. Ma. Isabel Madrid
This is an appeal from the Decision dated October 21, 2003 rendered by the Regional Trial Court of San Fernando, La Union, Branch 26. The dispositive portion of said decision reads:...
Promulgated on 2005-03-21

329. CA GR CR 26944: People vs. Alfredo S. Abellada
Subject of this appeal is the October 10, 2002 Decision of the Regional Trial Court, Branch 3, Baguio City, in Criminal Case No. 19388-R finding accused Alfredo S. Abellada (accused Abellada) guilty of the crime of Estafa which he allegedly committed agai...
Promulgated on 2005-03-21

330. CA GR CR 00590: People vs. Marlon Abrigo
HC - This is an appeal from the August 28, 2001 Decision of the Regional Trial Court, Branch 109, Pasay City, finding accused-appellant Marlon Abrigo guilty of the crime of rape and sentencing him to suffer the penalty of Reclusion Perpetua....
Promulgated on 2005-03-21

331. CA GR SP 70763: Wesleyan University Philippines Faculty and Staff Asso, et al. vs. Wesleyan University Phils.
Before us is a petition for review of the Decision of Voluntary Arbitrator Angel A. Ancheta,...
Promulgated on 2005-03-21

332. CA GR SP 84923: Safeguard Armor SEcurity vs. Leopoldo Ilaba, et al
This is a petition for certiorari pursuant to Rule 65 of the Revised Rules of Court, which seeks to reverse annul and set aside on the ground of grave abuse of discretion amounting to lack and/or in excess of jurisdiction the decision of the abovementi...
Promulgated on 2005-03-21

333. CA GR SP 82032: Holmgren vs. Hon. Artemio Tipon, et al
This petition for certiorari under Rule 65 of the Rules of Court with application for Preliminary Injunction and/or Temporary Restraining Order seeks the nullification of the decision dated December 22, 2003 of public respondent in Civil Case No. 01-9968...
Promulgated on 2005-03-21

334. CA GR CR 26735: People vs. Norma Valdez
Duplicity is condemnable under any circumstance but it becomes doubly deplorable when exercised on the poor and unemployed, as in the case before us.1 This is an appeal from the judgment of the Regional Trial Court of San Jose City, Branch 38, in Crimina...
Promulgated on 2005-03-21

335. CA GR CR 00233: People vs. Nestorio de Rosa
An appeal from a murder conviction referred to Us by the Supreme Court for intermediate review as it involves the penalty of reclusion perpetua....
Promulgated on 2005-03-21

336. CA GR SP 71463: Fe P. De Vera, et al. vs. N.L.R.C., Motorola Philippines, Inc., et al.
Petition for Certiorari assailing the consolidated Decision and Order of public respondent in NLRC NCR CA No. 028875-01 entitled ?Fe P. de Vera, et al., Complainants, versus, Motorola Philippines, Inc., et al., Respondents? and NLRC Case Nos. RAB-IV-4-12...
Promulgated on 2005-03-21

337. CA GR CV 81045: Jose Ma. Orozco vs. Transradio Broadcasting, et al
This is an appeal from the Order dated August 6, 2003 of the Regional Trial Court of Makati City, Branch 137, which dismissed the complaint for nullification of contract filed by herein plaintiff-appellant....
Promulgated on 2005-03-21

338. CA GR SP 85110: Jerry Pelayo, vs. NLRC, et al
Before this Court is a Petition for Certiorari1 under Rule 65 of the Rules of Court seeking to declare null and void the resolutions dated March 18, 20042 and May 19, 20043 of public respondent National Labor Relations Commission (NLRC), Third...
Promulgated on 2005-03-21

339. CA GR CR 00524: Peolpe vs Victotr Enriquez y Salvador
On appeal is the joint decision of 22 April 2003 of the Regional Trial Court of Caloocan City, Branch 127 in Criminal Cases Nos. C-66017 and C-66018 finding appellant Victor Enriquez y Salvador guilty beyond reasonable doubt for Violation of Sections 11...
Promulgated on 2005-03-21

340. CA GR CR 00510: People vs. Alfredo Cuzon, Sr
This is an appeal from a decision of conviction of rape of a minor which was referred to Us by the Supreme Court for intermediate review as it involves the supreme penalty of death....
Promulgated on 2005-03-21

341. CA GR CV 59793: Modesto Zoleta vs. Republic of the Philippines
Subject of this present appeal is the order dated October 7, 1971 rendered by the Regional Trial Court of Calapan, Oriental Mindoro, Branch 39, in Petition No. 19, 704 granting the petitioner-appellee?s Petition for Judicial Reconstitution of Transfer Ce...
Promulgated on 2005-03-21

342. CA GR SP 59550: Marietta B. Ancheta vs. Hon. Enrique M. Almario, et al.
This is a petition for annulment of the Order of the Regional Trial Court of Naic, Cavite, Branch 15, in Civil Case No. NC-95-662, for declaration of nullity of marriage...
Promulgated on 2005-03-21

343. CA GR CV 73806: Sps. Elmer and Elma Alagar vs. R.P.
Republic, through the Office of the Solicitor General, appeals from the Decision2 dated 29 January 2002 of the Municipal Trial Court in Cities, Branch 1, Tagaytay City, which granted the applicants-appellees? application for land registration covering Lo...
Promulgated on 2005-03-21

344. CA GR CV 70213: LEONARDO A. AURELIO VS. VICTORIA H. ENCARNACION, ET. AL.
Should neighbors, who withhold their consent to the construction of a 4-door apartment beside their properties in an exclusive village...
Promulgated on 2005-03-21

345. CA GR CV 74401: Sps. Ignacia Abalos & Irenedo Pulido vs. Sps. Rufo Furiscal, et al.
On appeal before us is the decision of the Regional Trial Court of Urdaneta, Pangasinan, Branch 48 dated January 24, 2002....
Promulgated on 2005-03-21

346. CA GR SP 85343: EDUARDO R. BALAOING vs. HON. ELIODORO UBIADAS, et. al.
What is assailed in the herein petition for certiorari is the decision of the lower court (RTC, Br. 72, Olongapo City) in Civil Case No. 32-0-95, entitled Cornelio Labio, Plaintiff, versus Eduardo R. Balaoing, Defendant....
Promulgated on 2005-03-21

347. CA GR SP 81300: RRCG Transport et.al. vs NLRC et.al.
This is a Petition for Certiorari, Prohibition and Mandamus under Rule 65 of the Revised Rules of Court seeking to nullify and set aside the decision dated May 29, 2003 and Resolution dated October 30, 2003 both issued by public respondent National Labor...
Promulgated on 2005-03-21

348. CA GR CV 64370: Sps. Napoleon and Victoria Velo vs. Sps. Alexander and Jean Jimeno Bacungan
On appeal is the decision of the Regional Trial Court of Rosales (Branch 53), Pangasinan dated 20 April 1999 dismissing plaintiffs-appellants complaint for reconveyance....
Promulgated on 2005-03-21

349. CA GR SP 72175: Eduarda Landayan vs RTC, Bulacan. Br. 16, et al.
WHEN the complaint before the first level court fails to aver facts constitutive of unlawful detainer or forcible entry, it must necessarily be dismissed, without prejudice to the filing of the appropriate remedy of accion publiciana or accion reinvidica...
Promulgated on 2005-03-18

350. CA GR SP 86013: Mario Molina vs. Winston Garcia
Before the Court is a petition for certiorari under Rule 65, 1997 Rules of Civil Procedure seeking to annul the formal charge filed by respondent Winston F. Garcia against petitioner Mario I. Molina in Administrative Case No. 04-11...
Promulgated on 2005-03-18

351. CA GR SP 75233: Times Trans. Co. Inc. vs NLRC, et al.
AT bar is a petition for certiorari seeking to nullify twin resolutions of the NLRC and zeroing on litis pendentia, termination due to illegal strike and lack of jurisdiction of the NCR Arbitration Branch....
Promulgated on 2005-03-18

352. CA GR CV 75912: Florito Suba vs. UCPB, et al
This is an appeal from the Decision dated March 21, 2002 of Branch 138, Regional Trial Court (RTC), Makati City in Civil Case No. 00-293 which ordered, among others, defendant-appellant United Coconut Planters Bank (UCPB) to return to plaintiff-appellee...
Promulgated on 2005-03-18

353. CA GR CV 65003: Cesar B. Lamberte vs. Republic of the Philippines
"In ascertaining the welfare and best interests of the (person/s sought to be adopted), courts are mandated by the Family Code to take into account all relevant considerations....
Promulgated on 2005-03-18

354. CA GR CR 00116: PEOPLE VS. CRISENTE DELA CRUZ Y FERNANDEZ
Before this Court is the review of the Decision dated on January 21, 2003, of the Regional Trial Court Br. 46 of Urdaneta City, Pangasinan, in Crim. CS. No. U-12152...
Promulgated on 2005-03-18

355. CA GR SP 72549: Richard Ilagan vs NLRC, et al.
THE petition for certiorari stemmed from a complaint for constructive dismissal lodged by petitioner Richard C. Ilagan against private respondent Lamco Paper Products Co. Inc. Petitioner seeks to nullify the Decision of the National Labor Relations Commis...
Promulgated on 2005-03-18

356. CA GR CV 82853: N. Bajamundi Belford vs N. Marano, et al.
FOR failure of defendants-appellants to file their brief within the reglementary period which expired on December 22, 2004, as per Judicial Records Division report dated January 25, 2005, their appeal is hereby DISMISSED. [Sec.1 (e), Rule 50, 1997 Rules...
Promulgated on 2005-03-18

357. CA GR SP 68415: Angelito Castro, et al. vs NLRC, et al.
BEFORE Us are two consolidated petitions by way of special civil action of certiorari to annul the Decision of the National Labor Relations Commission (NLRC) reversing that of the Labor Arbiter, as well as the NLRC Order denying the motions for reconsider...
Promulgated on 2005-03-18

358. CA GR SP 81290: REAL BANK (A Thrift Bank), Inc. vs JESUSA D. LEONES
Before this Court is a Petition for Review in accordance with Rule 43 of the 1997 Rules of Civil Procedure, seeking to reverse and set aside the Decision dated June 30, 2003 of the Office of the President (OP) in O.P. Case No. 02-C-069...
Promulgated on 2005-03-18

359. CA GR SP 62439: Metrobank and Trust Co., et al. vs. Teresita N. Leoncio, et al.
This is a Petition for Review assailing the October 25, 2000 decision of Branch 21 of the Regional Trial Court of Manila in Civil Case No. 00-98355...
Promulgated on 2005-03-18

360. CA GR CV 77505: Antonio T. Chua vs. Republic of the Philippines
This is an appeal taken by the oppositor Republic of the Philippines (or the Republic for brevity) from the Decision of the Regional Trial Court in Manila, admitting the appellee Antonio Chua (or Chua) to Philippine citizenship,...
Promulgated on 2005-03-18

361. CA GR SP 81649: DE LA SALLE UNIVERSITY vs THE HONORABLE SECRETARY OF DOLE, et al
This is a petition for certiorari which seeks to set aside the Decision dated July 28, 2003 issued by the Office of the Secretary of Labor Relations and Employment, the dispositive portion of which reads:...
Promulgated on 2005-03-18

362. CA GR CV 75332: Sps. Bernie and Maxima Bana vs. Flordeliza Geronimo, et al.
This is an appeal from the Decision of the Regional Trial Court in Urdaneta City in the suit for Rescission Of Contract Of Lease and Damages filed by the appellees spouses Bernie and Maxima Banag...
Promulgated on 2005-03-18

363. CA GR SP 81866: BECCO PHILIPPINES, INC, et al vs HON. NEMESIO V. FELIX, et al
This is a petition for certiorari under Rule 65 seeking to nullify and set aside two (2) Orders of The Regional Trial Court of Makati, Branch 56, dated 28 August 2003 and 18 November 2003, denying petitioners' Demurrer to Evidence and their subsequent...
Promulgated on 2005-03-18

364. CA GR SP 81896: SOCSARGEN MARLINS, INC., et al vs NLRC, et al
This is a petition for certiorari under Rule 65 of the Rules of Court seeking to annul and set-aside the Resolution of the National Labor Relations Commission (NLRC) dated 29 September 2003, affirming the Labor Arbiter's Decision dated 16 October 2002 ...
Promulgated on 2005-03-18

365. CA GR CR 27954: PEOPLE OF THE PHILIPPINES vs LTC. PACIFICO G. ALEJO
This is an appeal interposed by Lt. Col. Pacifico G. Alejo (hereafter appellant) from the Decision dated July 26, 2002 and Order dated October 2, 2003 rendered by the Regional Trial Court (hereafter RTC), Branch 40, Palayan City in Criminal Case Nos. 0639...
Promulgated on 2005-03-18

366. CA GR CV 78494: NATIONAL POWER CORP. vs ISABEL HIWATASHI
This is an appeal from the Orders dated March 6, 2000 and December 11, 2002, rendered by the Regional Trial Court (hereafter RTC), Branch 45, Urdaneta City, Pangasinan in Civil Case No. U-6528 for Eminent Domain, the respective dispositive portions of whi...
Promulgated on 2005-03-18

367. CA GR SP 85696: Moldex Products Inc., vs Hon. Pedro M. Sunga Jr. et.al.,
This is a Petition for Certiorari and Prohibition which seeks to nullify and set aside the Orders dated April 28, 2004 and June 23,2004, of the Regional Trial Court, Branch 42, San Fernando City,Pampanga in Civil Case No. 12767, denying petitioner?s praye...
Promulgated on 2005-03-18

368. CA GR SP 85747: KONKA INTERNATIONAL PLASTIC MANUFACTURING CORP. vs HON. MARIA NENA J. SANTOS
This is a petition for certiorari under Rule 65 of the 1997 Rules of Civil Procedure, as amended, seeking to annul and set aside the (a) Resolution dated March 26, 2004; (b) Writ of Possession dated April 1, 2004; (c) Notice to Vacate dated April 13, 2004...
Promulgated on 2005-03-18

369. CA GR SP 84744: Victor Hugo Lu vs. NLRC, et al.
Assailed in this petition for Certiorari which petitioner Victor Hugo Lu filed under Rule 65 of the Rules of Court, are: (1) the Order dated June 3, 2004 of public respondent Labor Arbiter Danna M. Castillon...
Promulgated on 2005-03-18

370. CA GR CV 43449: Loenor Infante and Swagman Hotel & Travel, Inc. vs. Tabacalera Insurance Company, Inc.
Before this Court on appeal is the Decision dated January 21, 1993 issued by the Regional Trial Court (RTC), Branch 57, Angeles City, in the consolidated Civil Case Nos. 6835 and 68336833, the decretal portion of which reads:...
Promulgated on 2005-03-18

371. CA GR SP 82587: Ernesto Divino vs. Hon. Nicolas Eliazo, Jr., etc., et al.
We are perturbed that this rather rivial issue has still to clog the dockets of the court a quo and be elevated to this Court. Whether a civil case should be dismissed for supposed lack of interest to pursue it after the complainant failed to attend a con...
Promulgated on 2005-03-18

372. CA GR CR 28748: People vs. Gerardo Monzon
Challenged in this petition for review is the judgment dated August 10, 2004 rendered by public respondent Regional Trial Court of Makati, Branch 132 which affirmed the judgment dated February 10, 2004 of the Metropolitan Trial Court...
Promulgated on 2005-03-18

373. CA GR CR 00668: People vs. John John Marinduque
The appellant John John Marinduque (or Marinduque for brevity) was charged with the Violation of Section 8 of Article II of Republic Act No. 6425, otherwise known as The Dangerous Drugs Act of 1972 as amended by Republic Act No. 7659...
Promulgated on 2005-03-18

374. CA GR SP 84099: Malaysian Airlines System Behad vs. Hon. Patricia A. Sto. Tomas, et al.
Before us is a petition for certiorari under Rule 65 of the 1997 Rules of Civil Procedure which seeks to annul and set aside: (1) the Decision dated March 9, 2004 of public respondent Hon. Particia A. Sto. Tomas in OS-VA-06- 05-2003 [NCMB-NCR-NS-05-138...
Promulgated on 2005-03-18

375. CA GR CV 71497: Republic vs. Enrique Espiritu III, et al
Before the Court is an appeal from the Decision dated January 24, 2001 of Branch 80, Regional Trial Court (RTC), Morong, Rizal in Civil Cases Nos. 294-T, 295-T, 296-T, 297-T and 298-T, involving five (5) complaints for Cancellation of Free Patent and Ori...
Promulgated on 2005-03-18

376. CA GR SP 82019: Tony O. King vs. Hon. Delia Panganiban, et al
This case involves the application of a relatively obscure provision of the Rules of the Court which allows the bringing in of parties other than by a third-party complaint....
Promulgated on 2005-03-18

377. CA GR SP 77642: Cirimar Laboratories, Inc. vs. Roldan Gonzales, et al.
This is a petition for certiorari and prohibition with prayer for the issuance of a temporary restraining order and/or writ of preliminary injunction, which seeks to annul and set aside the writ of execution dated May 8, 2003, issued by public responde...
Promulgated on 2005-03-18

378. CA GR SP 85377: Norman Mercado vs. Alice Santos
This is a Petition for Review under Rule 42 of the 1997 Rules of Court seeking the reversal and setting aside of the Decision dated December 23, 2003 and the Order dated July 12, 2004 both issued by the Regional Trial Court of Malolos City, Branch 14 whic...
Promulgated on 2005-03-18

379. CA GR SP UDK 4443: Commissioner of Internal REvenue vs. Ft. Bonifacio
This treats of the petitioner's motion for reconsideration dated March 5, 2003 (Rollo, p. 138) from our order of dismissal dated January 27, 2003 (Rollo, p. 102)....
Promulgated on 2005-03-18

380. CA GR SP 87131: Abraham Taguibao vs. Albert Abbariao
WHEREFORE, in consideration of the foregoing premises and in the interest of substantial justice, the Compliance with Motion for Another Period of thirty (30) days within which to file the intended petition is hereby GRANTED with stern warning that fa...
Promulgated on 2005-03-18

381. CA GR SP 73843: Sps. Francis and Felicisima Celones vs. Quezon City RTC Judge Percival Mandap Lopez, Juanita Tan
Before Us is a Petition for Certiorari under Rule 65 of the 1997 Rules of Civil Procedure filed by petitioners Spouses Celones ("Petitioners") with prayer for the issuance of a temporary restraining order and preliminary injunction....
Promulgated on 2005-03-18

382. CA GR SP 74877: Landbank of the Phils. vs. Quezon City RTC Br.93 Judge Apolinario D. Bruselas, Jr., Wheels, Inc.
Before Us is a petition for certiorari and mandamus under Rule 65 of the 1997 Rules of Civil Procedure seeking to nullify the August 30, 2002 Order of public respondent Judge Apolinario D. Bruselas, Jr. of the Regional Trial Court, Branch 93 of Quezon...
Promulgated on 2005-03-18

383. CA GR SP 80603: Namboku Peak, Inc. vs. PALCEA-SUPER, DOLE secretary Patria Sto. Tomas
Before this Court is a Petition for Certiorari under Rule 65 of the 1997 Rules of Civil Procedure filed by the petitioner Namboku Peak, Inc. ("Petitioner") with prayer for the issuance of a Temporary Restraining Order and/or Writ of Preliminary Injunct...
Promulgated on 2005-03-18

384. CA GR SP 76014: Sps. Danilo & Analiza Gayla, Sps. Jesus & Tina Gayla, et al. vs. Sps. Amando & Marites Malonzo
This is a petition for review under Rule 42 of the 1997 Rules of Civil Procedure assailing the August 12, 2002 Decision of the Regional Trial Court [RTC] of Tarlac City, Branch 65. In the aforesaid Decision, the RTC, exercising its power of review,...
Promulgated on 2005-03-18

385. CA GR CV 66445: Filomena Arevalo-Tiu, et al. vs Nicolas Arevalo
Appeal from the Decision of the lower ourt (RTC, Br. 18, Tabaco, Albay) in Civil Case No. T-1816 entitled Filomena Arevalo-Tiu, et al., Plaintiffs, versus Nicolas Arevalo, Defendant, for Annulment of Extrajudicial Partition and Sale, Judicial Partition...
Promulgated on 2005-03-18

386. CA GR SP 72131: Roxas and Co., Inc. vs. Katipunan ng Magbubukid sa Hacienda Roxas, Inc., et al.
For resolution are the following motions: (1) Motion for Intervention filed by the Municipality of Nasugbu, Batangas; (2) Motions for leave to file and Admit additional evidence by respondent DAMBA-NFWS and to admit attached additional documents filed by ...
Promulgated on 2005-03-18

387. CA GR CR 00638: People vs. Jacob Benos
Before us is an appeal referred to the Court by the Supreme Court for disposition, conformably with its ruling in People of the Philippines v. Efren Mateo Garcia, (G.R. Nos. 147678-87, July 7, 2004)....
Promulgated on 2005-03-18

388. CA GR CV 79213: Triangle Corp vs. Renato Tolentino, et al
It appearing that the arguments raised by the defendants appellants in their Motion for Reconsideration are mere rehash of those which were already passed and ruled upon in the decision of this Court dated January 24, 2005, said motion is hereby DENIED f...
Promulgated on 2005-03-18

389. CA GR CV 80424: Metropolitan Bank vs. Sps. Felix Dimayacyac, et al
Finding the grounds raised in the oppositors-appellants Motion for Reconsideration of this Court s decision dated January 7, 2005 to be mere rehash or reiteration of the arguments raised in the appellants brief which were thoroughly passed upon and evalu...
Promulgated on 2005-03-18

390. CA GR CR 00600: THE PEOPLE OF THE PHILIPPINES vs. LOURDES TORRES
This appeal entreats Us anew to pass upon the findings of the trial court on the credibility of witnesses and their testimonies....
Promulgated on 2005-03-18

391. CA GR CR 28622: People vs. Arnold Mangco y Martin
Records show that Atty. Luch Rico Gempis, Jr., counsel for accused-appellant, received a copy of the Notice to File Brief on August 16, 2004. The thirty (30) day period within which to file accusedappellant?s brief, therefore, expired on September 15,...
Promulgated on 2005-03-18

392. CA GR CR 00312: People vs. Luk Wai @ Sam, et al.
HC - For having been found guilty beyond reasonable doubt of a deed most foul, to borrow the words of Shakespeare, in this case that of drug pushing, all the accused in the instant case have been condemned by the trial court2 to suffer the extreme penalt...
Promulgated on 2005-03-18

393. CA GR SP 71605: Maria S. Ico vs. Sps. Paulino & Cresencia Paris
At bench is a petition for annulment of the Orders of Branch 41, Regional Trial Court (RTC) of Dagupan City in Civil Case No. 97- 01578-D...
Promulgated on 2005-03-18

394. CA GR SP 71669: Diolito Daradar vs. Prudential Bank
Petitioner Diolito Daradar filed this Petition for Review seeking the reversal of the Decision1 of the Regional Trial Court (RTC) of Quezon City, Branch 224 dated December 21, 2001 and its Order2 of June 28, 2002 denying motion for reconsideration thereo...
Promulgated on 2005-03-18

395. CA GR SP 73715: Saturnino Alambra, et al. vs. NLRC, et al.
Assailed in this petition for certiorari under Rule 65 of the 1997 Rules of Civil Procedure is the May 31, 2002 Decision of the NATIONAL LABOR RELATIONS COMMISSION [NLRC] affirming the September 12, 2001 Decision of Labor Arbiter Joel S. Lustria, and its...
Promulgated on 2005-03-18

396. CA GR SP 74473: George F. Sison vs. Hon. Winlove M. Dumayas, et al.
On December 29, 2004, petitioner and respondent Bank filed a Joint Manifestation with Motion to Dismiss stating that a judgment based on a Compromise Agreement was rendered in the Regional Trial Court of Makati City, for which reason the parties agreed to...
Promulgated on 2005-03-18

397. CA GR CV 80562: Tomas M. Dumpit vs. Rolando V. Rivera
On appeal is the Order, dated December 16, 2002, of Judge Briccio C. Yga?a of the Regional Trial Court (RTC) of Pasig City, Branch 153, rendered in Civil Case No. 68560....
Promulgated on 2005-03-18

398. CA GR CR 27671: THE PEOPLE OF THE PHILIPPINES vs. SERGIO BENINSIG,
In his Motion for Reconsideration dated January 19, 2005, appellant prays that the decision affirming his conviction be set aside by upholding his claim for self-defense....
Promulgated on 2005-03-18

399. CA GR CV 81437: LEGAL HEIRS OF THE LATE ANSELMA NATIVO, et al. vs. SPOUSES JUAN SALANGA and ELLA ABAN-SALANGA,
Pursuant to Section 1 {e}, Rule 50 of the 1997 Rules of Civil Procedure, the instant appeal is ordered dismissed, for failure to file the required appellants' brief despite the ninety (90) days extension granted to appellants which expired on December...
Promulgated on 2005-03-18

400. CA GR CV 65316: Maria A. Mercader vs. Edwin C. Lopez, et al.
In this Court's Resolution1 dated January 30, 2001, we dismissed the instant appeal in view of defendants-appellants' failure to file their appellants' brief within the reglementary period....
Promulgated on 2005-03-18

401. CA GR SP 69840: Napoleon Lopez vs. Civil Service Commission
Before this Court is a petition for review under Rule 43 of the 1997 Rules of Civil Procedure which seeks to set aside two (2) Resolutions, to wit: No. 011800 dated November 15, 2001 and No. 020216 dated February 11, 2002, both of the Civil Service Co...
Promulgated on 2005-03-18

402. CA GR SP 58180: Artemio Maiwat vs. Libmanan, Camarines Sur RTC Presiding Judge, the Sheriff or his deputies, et al.
This is a petition filed pursuant to Rule 47 of the 1997 Rules of Civil Procedure, seeking to annul the Decision dated April 28, 1999 of the Regional Trial Court of Camarines Sur, sitting in Libmanan, Branch 29, in its Civil Case No. L-552, entitled: "...
Promulgated on 2005-03-18

403. CA GR SP 77383: Renato P. Dragon vs. NLRC, et al.
Before Us for resolution is a motion for reconsideration filed by herein petitioner on Our decision promulgated on November 10, 2004 denying due course to his petition....
Promulgated on 2005-03-18

404. CA GR SP 85331: Tinette, et al vs. Lourdes Javier, et al
Assailed in the present petition for certiorari under Rule 65, 1997 Rules of Civil Procedure, are the (i) Resolution dated May 21, 2003 of public respondent National Labor Relations Commission (NLRC) in NLRC NCR 00-04-04215-99 affirming the Labor Arbiter...
Promulgated on 2005-03-18

405. CA GR CV 78173: Marcelino Evangelista et al vs. Sps. Victorio Magat, et al
BEFORE US is a motion for reconsideration filed by plaintiff appellants through counsel, seeking for the reconsideration of the Decision dated 31 May 2004, the dispositive portion of which reads:...
Promulgated on 2005-03-18

406. CA GR SP 86662: Jardine Schindler vs. Alta Vitas Land, et al
This is a petition for certiorari seeking the nullification of the Resolutions dated January 7, 2004 and July 19, 2004 of Branch 173, Regional Trial Court of Manila, which denied petitioner s motions to dismiss and to declare defendants in default, and d...
Promulgated on 2005-03-17

407. CA GR SP 86349: Rafael Caluag vs. Secretary of Agrarian Reform, et al.
Before Us for a resolution is a Petition for Review, dated September 03, 2004 (pages 2-10 of the Rollo) on the Decision of the Department of Agrarian Reform Adjudication Board--Central Office, Elliptical Road, Diliman, Quezon City (DARAB-Central for brevi...
Promulgated on 2005-03-17

408. CA GR SP 77785: Margarita Puyat Vda. de Bondoc vs. Hon. Victor C. Fernandez, et al.
In this Petition for Review under Rule 43 of the 1997 Rules of Civil Procedure, petitioners seek the modification or amendment of the Order of the Ombudsman finding spouses Totaan guilty of Conduct Prejudicial to the Best Interest of the Service and pray...
Promulgated on 2005-03-17

409. CA GR SP 86025: Peter I. Guinmapang vs. NLRC, et al.
Before us is a petition for certiorari questioning the January 24, 2004 Order of the National Labor Relations Commission (NLRC) in NLRC-NCR 09-07028-02 which dismissed his appeal from the decision of the Labor Arbiter for having been filed beyond the regl...
Promulgated on 2005-03-17

410. CA GR CR 00541: People vs. Victoria Collantes y Sabas
HC - This is an appeal from the January 18, 2002 Decision of the Regional Trial Court, Branch 6, Baguio City, finding appellant Victoria Collantes guilty beyond reasonable doubt of having committed a Violation of Section 4, Article II, Republic Act 6425,...
Promulgated on 2005-03-17

411. CA GR CV 81247: Melanie C. Cruz vs. Sps. Jose Remy Unao and Gina Estoesta Unao
Before Us on appeal is a Decision (dated January 03, 2003) of the Regional Trial Court (Branch 169) in Malabon City, in Civil Case No. 2777-MN (damages)....
Promulgated on 2005-03-17

412. CA GR CV 80982: Assistco Energy and Industrial Corp. vs. Markbilt Construction, et al.
Before Us on appeal is a Decision (dated October 30, 2003) of the Regional Trial Court (Branch 85) in Quezon City, in Civil Case No. Q-00-42360....
Promulgated on 2005-03-17

413. CA GR SP 81636: Carmelita G. Fabian, et al. vs. NLRC, et al.
Assailed in this Petition for Certiorari under Rule 65 of the 1997 Rules of Civil Procedure are: (1) the July 18, 2003 Resolution of the National Labor Relations Commission (NLRC), Second Division, in NLRC NCR CA No. 034889-03 (NLRC Case No. RAB III 06-44...
Promulgated on 2005-03-17

414. CA GR SP 87341: Florante Falcon, et al. vs. NLRC, et al.
In this Petition for Certiorari under Rule 65 of the Revised Rules of Court, petitioners FLORANTE N. FALCON, RUEL P. CRUZ, AURORA J. LAPUZ and EDILBERTO R. COLLANTES seek to reverse and set aside the Decision dated July 22, 2003, and the Resolution dated...
Promulgated on 2005-03-17

415. CA GR CR 00133: People of the Philippines vs. Salvador Cledoro
Henious Crime. In the decision dated June 20, 2003, the accused-appellant was convicted by the Regional Trial Court of San Jose, Camarines Sur, Branch 30 with the crime of rape....
Promulgated on 2005-03-17

416. CA GR SP 68753: Bunyan Reconstituted Wood Initiative Corp. vs. Gregorio E. Quitong, et. al.
Before this Court is a Petition for Certiorari under Rule 65 of the Rules of Court which seeks to annul and set aside the Decision of the NLRC dated June 29, 2001 in NLRC NCR CA NO. 016972-98 and its Resolution dated Nov 16, 2001...
Promulgated on 2005-03-17

417. CA GR SP 81811: Joseph G. Aquino vs. NLRC, et al.
Labor cases must be decided according to justice and equity and the substantial merits of the controversy (EDI-Staff Builders International, Inc. vs. Magsino, 359 SCRA 212)....
Promulgated on 2005-03-17

418. CA GR SP 85540: Sps. Renato Ingco vs. Law Firm Tungol and Tibayan
This is a petition for review filed by petitioners-appellants Spouses Renato M. Ingco and Ma. Luisa S. Ingco under Rule 43 of the Revised Rules of Court to set aside the Resolution dated April 30, 2004 of the Office of the President in O.P. Case No. 03-J...
Promulgated on 2005-03-17

419. CA GR CR 00626: People vs. Marleth Loyola y Buhion
Pursuant to the Decision rendered in the case of People vs. Efren Mateo y Garcia, the Supreme Court, in its Resolution of August 30, 2004, transferred the instant case to this Court....
Promulgated on 2005-03-17

420. CA GR CR 00506: People vs. Roberto Sotero y Villarin
Pursuant to the Supreme Court s Resolution issued on September 14, 2004 transferring the instant case and other similar cases allowing an intermediate review to this Court in accordance with the ruling in People vs. Efren Mateo y Garcia, this is a review...
Promulgated on 2005-03-17

421. CA GR SP 88376: Frankhaus International Corp, et al. vs. NLRC, et al.
In our Resolution promulgated on February 28, 2005, the Court granted the petitioners an extension of fifteen (15) days within which to file their intended petition for certiorari from the Resolutions, dated September 30, 2004 and November 19, 2004 of th...
Promulgated on 2005-03-17

422. CA GR SP 84703: Liezl Co vs. Dept. of Justice Secretary Ma. Merceditas Gutierrez, Harold G. Lim, Avelino Uy Go
On November 9, 2004, we issued the following Resolution: "Before taking initial action on the present petition for certiorari, the petitioner is directed to submit, within five (5) days from notice hereof, copies of the Review Resolution dated April...
Promulgated on 2005-03-17

423. CA GR SP 84952: Editha P. Villanueva et.al., vs DARAB et.al.,
Before Us is a Petition for Certiorari and Prohibition with Prayer for Issuance of Writ of Preliminary Injunction1 filed under Rule 65 of the Rules on Civil Procedure which seeks to nullify,for lack of jurisdiction, the following Orders of the Public Res...
Promulgated on 2005-03-17

424. CA GR SP 64266: Alfredo G. Delizo et.al., vs Jose Balanag
Tenancy relationship can only be created with the consent of the true and lawful landholder through lawful means and not by imposition or usurpation; so that mere cultivation of the land by a usurper cannot confer upon him any legal right to work on the l...
Promulgated on 2005-03-17

425. CA GR CV 69428: Lolita Santos et al vs. Rosa Perez, et al
On appeal are the Order dated August 17, 2000 and Resolution dated November 27, 2000 of the Regional Trial Court, Branch 79, Malolos, Bulacan respectively granting appellees Motion to Dismiss on the grounds of res judicata,prescription and forum shoppin...
Promulgated on 2005-03-17

426. CA GR SP 85072: Rosita Laparan vs. Solar Resources, Inc.
On November 18, 2004 the Mauricio Law Office, filed a motion for Withdrawal of Appearance, attaching thereto a copy of the letter of the petitioner Rosita Laparan, reading as follows: "November 08, 2004 "MAURICIO LAW OFFICE 18-D Mahiyain cor. Mapagka...
Promulgated on 2005-03-17

427. CA GR SP 80614: The City Mayor of Baguio City Bernardo M. Vergara, et al. vs. Atty. Brain Masweng, et al.
A preliminary injunction is a provisional remedy, an adjunct to the main case subject to the latter's outcome. Its sole objective is to preserve the status quo until the trial court hears fully the merits of the case (Bustamante vs. CA, 381 SCRA 171)....
Promulgated on 2005-03-17

428. CA GR SP 78589: Asian Development Bank, et al vs. New Crest Trading, et al
This treats of petitioners Motion for Reconsideration of this Court s decision dated January 30, 2004, premised on the following grounds:...
Promulgated on 2005-03-17

429. CA GR SP 88590: SPS. ANASTACIO ?DODONG? and TOMASITA DUAT VS. DARAB & CARLOS REYES, ET AL.
With the exception of Annexes F and G, all the other Annexes are not certified copies, in violation of Section 6, Rule 43 of the Rules on Civil Procedure. The Petition is likewise not accompanied by certified copies of the following pleadings and docu...
Promulgated on 2005-03-17

430. CA GR SP 88886: A. De Vera Corp. vs. N.L.R.C. & Jerson Servandil
In this petition for certiorari, copy of the decision of the Labor Arbiter dated November 27, 2003 (mentioned in p. 4 of the petition), and of petitioner's Notice of Appeal with Memorandum of Appeal and urgent motion to reduce appeal bond (mentioned in p...
Promulgated on 2005-03-17

431. CA GR SP 75902: Gregorio and Miguela Guido vs. Warlito Cerdoncillo, et al.
Before us is a petition for review under Rule 42 of the 1997 Rules of Court of the September 30, 2002 decision of the Regional Trial Court, Branch 70 of Binangonan, Rizal, affirming the decision dated August 7, 2001 of the Municipal Trial Court of Angono,...
Promulgated on 2005-03-17

432. CA GR SP 87540: Marino B. Sapugay, Jr. vs. Normando C. Mabalon, et al.
The herein petition is hereby DISMISSED on the authority of Section 7 of Rule 43....
Promulgated on 2005-03-17

433. CA GR CV 68786: Pacific Royal Bottling vs. Techno Pak Plastic
In this appeal, defendant-appellant assails the Order dated February 22, 2000 of the Regional Trial Court, Branch 61, Makati City which granted appellee s Motion for Judgment on the Pleadings....
Promulgated on 2005-03-17

434. CA GR SP 82087: Felicito Cruz vs. Hon. Vilma Pauig, et al
Before this Court is a petition for certiorari1 filed under Rule 65 of the 1997 Revised Rules of Court, seeking to set aside the order dated February 10, 2003 of the Regional Trial Court, Branch 2, Tuguegarao City, ordering the issuance of a Writ of Posse...
Promulgated on 2005-03-17

435. CA GR SP 83312: Romeo R. Vispo vs. NLRC, et al.
It can be recalled that petitioner was granted a total of thirty (30) days or until December 21, 2004 to search and locate respondents' complete and present address where this court's notices might be sent and to submit proof of service...
Promulgated on 2005-03-17

436. CA GR SP 78194: Visitacion Ingles vs Emp. Comp.Comm and GSIS
"The law, as it now stands requires the claimant to prove a positive thing - that the illness was caused by employment and the risk of contracting the disease is increased by the working conditions"...
Promulgated on 2005-03-17

437. CA GR SP 81925: Belen S. Tabagoca vs. SSS
At bar is a Petition for Review under Rule 43 of the 1997 Rules of Civil Procedure seeking to reverse and set aside the 11 December 2003 Decision of the Employees Compensation Commission in ECC Case No. SM-151669-0723-03...
Promulgated on 2005-03-17

438. CA GR CR 27069: People vs. Emeritu C. Barut
This is an appeal from the Decision of the Regional Trial Court of Muntinlupa City, Branch 276 in Criminal Case Nos. 95-400 and 95-401, convicting herein appellant of the crime of homicide....
Promulgated on 2005-03-17

439. CA GR CV 77164: Sps. Rufito and Matda Akia vs. Sps. Rodolfo and Severina Santos, et al.
On appeal is the Decision of the Regional Trial Court in Baguio City, in a suit lengthily described as one for Annulment And/Or Cancellation Of Tax Declaration;...
Promulgated on 2005-03-17

440. CA GR CR 00089: People vs. Charlie Gloria
HC - For review under A.M. No. 00-5-03-SC dated October 15, 2004 is the May 31, 2002 Decision of the Regional Trial Court of Bulacan, Branch 21 in Criminal Case Nos. 3115-M-99 to 3117-M-99,...
Promulgated on 2005-03-17

441. CA GR SP 81540: Lorino Biante vs. NLRC, et al
Assailed in this Petition for Certiorari is the Decision dated 30 June 2003 of the National Labor Relations Commission (NLRC), Second Division in NLRC RAB IV 12-12055-00 (CA NO. 033672-02), dismissing petitioner s complaint and thereby reversing the Dec...
Promulgated on 2005-03-17

442. CA GR SP 63858: Isabel Dilig vs A. De Ical, et al.
ASSAILED via this petition for review is the Decision of the Office of the Deputy Ombudsman (Ombudsman) in an administrative complaint for violation of Republic Act 67133 filed by respondents Aurora O. De Ical (De Ical) and Edwin Matimat (Matimat) again...
Promulgated on 2005-03-17

443. CA GR CR 00511: People vs. Melchor Andal
Rape is an assault on human dignity, the author of which deserves no mercy. Regrettably, We are bound by the letters of the law as our hands are tied from imposing the extreme penalty of death by reason of a technical flaw on the face of the information....
Promulgated on 2005-03-17

444. CA GR CR 28212: People vs. Severino Simon, et al.
For resolution by this Court is the letter of accused-appellants stating their intent to withdraw the instant appeal on the ground that considering the number of years they have already served in prison, they are now qualified for any form of executive...
Promulgated on 2005-03-17

445. CA GR CV 58899: Eduardo Fararen, et al vs. Felipe Santelices, et al
Haunted by a labyrinth of court proceedings, a piece of land endures obdurate disputes as contending parties aggressively battle for ownership and possession thereof. This two-decade old controversy must be put to rest....
Promulgated on 2005-03-17

446. CA GR CV 61493: DAVID DAPPANAN VS. GAUDENCIO SARANGAYA III
This is an Appeal from the Order1 dated April 27, 1998 of the Regional Trial Court (RTC) of Santiago City, Branch 35, in Civil Case No. 35-2381...
Promulgated on 2005-03-17

447. CA GR SP 58141: Jonathan Tomonong, et al. vs NLRC, et al.
The petition for certiorari seeks to annul the Decision of the National Labor Relations Commission (NLRC), affirming that of the Labor Arbiter, as well as its Resolution denying petitioners' motion for reconsideration....
Promulgated on 2005-03-17

448. CA GR CV 61575: Sps. Alvendia vs. Sps. Pineda
At bar is an appeal from the Decision, dated November 11, 1998, rendered by the Regional Trial Court of Quezon City, in an action for specific performance with damages....
Promulgated on 2005-03-17

449. CA GR SP 70689: RICHARD MALIWAT vs POMPEYO F. MALIWAT and NORMA PUATO
The resolution of an agrarian dispute between the parties is a matter beyond the legal competence of regular courts....
Promulgated on 2005-03-17

450. CA GR SP 83783: Philjas Corp. vs. Leticia Apostol, et al.
In reviewing administrative decisions, the findings of fact made therein must be respected as long as they are supported by substantial evidence, even if not overwhelming or preponderant (Energy Regulatory Board vs. CA, 357 SCRA 30)....
Promulgated on 2005-03-17

451. CA GR SP 85479: Atty. Ma. Rosario S. Manalang-Demigillo vs. Belen O. Salumbides, et al.
Certiorari is a writ issued by a superior court to an inferior court, board or officer exercising judicial or quasi-judicial functions whereby the record of a particular case is ordered to be elevated for review and correction in matters of law (Meralco...
Promulgated on 2005-03-17

452. CA GR CV 66726: Priscilla Pollack-Roces vs. Manila Midtown Hotels and Land Corp., et al.
BEFORE US is an appeal from the decision rendered by the Regional Trial Court, Branch 52, Manila, in Civil Case No. 93- 64420...
Promulgated on 2005-03-17

453. CA GR CR 28797: People vs. Pablo Tabayan
It can be recalled that, after having been granted a sixty (60) day -extension, accused-appellant's counsel filed on January 10, 2005 a Motion to Withdraw Appeal which stated therein that the accused is no longer interested in pursuing his appeal....
Promulgated on 2005-03-17

454. CA GR CV 79425: Chiu-Tay vs. Hon. Ernesto Garilao, et al.
Before Us on appeal is a Decision (dated November 08, 2002) of the Regional Trial Court (Branch 52) in Sorsogon City, in Civil Case No. Q97-6338 (determination of just compensation and payment)....
Promulgated on 2005-03-17

455. CA GR SP 88775: Romeo G. Balili vs. N.L.R.C., Berkely Animal Health Products, et al.
WHEREFORE, the instant petition is ordered DISMISSED....
Promulgated on 2005-03-17

456. CA GR SP 70347: Antonio Altamirano vs NLRC, et al.
THE petition for certiorari seeks to annul the Decision of the National Labor Relations Commission (NLRC) modifying that of the Labor Arbiter, as well as the NLRC Resolution denying petitioner's motion for reconsideration....
Promulgated on 2005-03-17

457. CA GR SP 88905: JASON SY vs MA. LIEZL JANITO, ET AL.,
The instant Petition for Certiorari is not accompanied by certified copies of the following pleadings and documents necessary to support the allegations in the petition, in violation of Section 1, Rule 65 of the Rules on Civil Procedure:...
Promulgated on 2005-03-17

458. CA GR SP 82135: Waldo Rebolos, et al vs. Department of Agrarian REforms
Under Rule 43 of the Rules of Court, petitioner Oroville Development Corp. has filed a petition for review of the Decision dated June 27, 2003 of the Office of the President affirming the Orders of the Secretary of the Department of Agrarian Reform (DAR)...
Promulgated on 2005-03-16

459. CA GR CV 77129: PAZ PENA DE VERA,ET. AL. VS. DLORES PENA, ET. AL.
This is an appeal from the 7 October 2002 decision of the Regional Trial Court of Legazpi City in Civil Case No. 8453...
Promulgated on 2005-03-16

460. CA GR CR 28475: People vs. Joel Aquino y Antiquera
On appeal is the Decision1 convicting appellant Joel Aquino for possession of methylamphetamine hydrochloride or shabu, in violation of Section 11, Article II of R.A. No. 9165....
Promulgated on 2005-03-16

461. CA GR CR 00689: THE PEOPLE OF THE PHILIPPINES vs. JUANITO BELORENO Y MEDINA
The defense of denial cannot prevail over the positive identification of eyewitnesses that the accused is the perpetrator of the crime. Between such positive identification which has a ring of truth, on one hand, and as against the bare denial of the a...
Promulgated on 2005-03-16

462. CA GR CR 00586: People vs. Perlito Mondigo
For no apparent reason but allegedly in self-defense, an assailant, with the use of a jungle bolo, struck his two (2) unsuspecting drinking companions. One died. The other survived....
Promulgated on 2005-03-16

463. CA GR CV 80787: K-Phil., Inc., et al. vs. Metropolitan Bank & Trust Co., et al.
On appeal is the Order, dated November 19, 2003, of the Regional Trial Court (RTC) of Imus, Cavite, Branch 20, rendered in Civil Case No. 2634-01....
Promulgated on 2005-03-16

464. CA GR SP 84230: Pio Roque Coquia vs. NLRC, et al
For failure to tender new matter of substance to would warrant the modification or reversal of the decision dated December 14, 2004, this Court s resolves to DENY private respondent s Motion for Reconsideration for lack of merit....
Promulgated on 2005-03-16

465. CA GR SP 43553: Jell Transit Inc., et al vs. Hon. Francisco Dizon Pano et al
For consideration is petitioners Motion for Reconsideration of this Court s decision dated January 30, 2004....
Promulgated on 2005-03-16

466. CA GR SP 86186: JEANNETTE A. MENDOZA vs. NATIONAL LABOR RELATIONS COMMISSION, et al.
This is a Special Civil Action for Certiorari under Rule 65 of the 1997 Rules on Civil Procedure assailing the Resolution dated January 30, 2004 (Rollo, pp. 27-29) in NLRC NCR CASE NO. 06-03411-2000 (NLRC NCR CA NO. 034920-03), entitled "Jeannette A....
Promulgated on 2005-03-16

467. CA GR SP 88482: New San Jose Builders, et al vs. NLRC,et al
Assailed in this petition for certiorari under Rule 65 is the Resolution dated December 22, 2003 dismissing petitioner s appeal and affirming the Decision dated February 26, 2003 of the Labor Arbiter which declared the termination of private respondent...
Promulgated on 2005-03-16

468. CA GR SP 87602: Jose Marcel Panlilio vs. The Department of Justice
Assailed in this petition for certiorari under Rule 65 is the Resolution dated April 13, 2004 dismissing petitioner's appeal from the resolution of the City Prosecutor of Manila finding probable cause for violation of Section 22 of Republic Act No. 116...
Promulgated on 2005-03-16

469. CA GR CV 56116: BA Savings Bank vs. Sps. Razon, et al.
Subject of this appeal is the May 29, 1996 Decision of the Regional Trial Court, Branch 28, Sta. Cruz, Laguna, in a replevin case filed by plaintiff BA Savings Bank (appellee bank) against Spouses George and Mercedes Razon (appellant spouses),...
Promulgated on 2005-03-16

470. CA GR CV 73854: Register of Deeds of Paranaque City vs. Strategic Management Co., Inc., et al.
Strategic Management Co., Inc. and the Sps. Reynaldo and Elsie Garcia, and Eliza Casao, as well as the spouses Ruel Rodelas and Nenesa Rodelas, have appealed from the Decision1 of the Regional Trial Court (RTC) of Paranaque City, Branch 260, in LRC Case...
Promulgated on 2005-03-16

471. CA GR CV 65996: San Agustin Church vs. People's Security, Inc.
BEFORE US is an appeal from the decision rendered by the Regional Trial Court, Branch 44, Manila, in Civil Case No. 96- 78211...
Promulgated on 2005-03-16

472. CA GR SP 84715: Sam Chemical and Industrial Equipment Corp. vs. NLRC, et al.
In our Resolution promulgated on July 2, 2004, the granted herein petitioner's motion for additional time to file its intended petition for certiorari. The Court gave petitioner until June 29, 2004 within which to file its petition. Petitioner's counsel...
Promulgated on 2005-03-16

473. CA GR SP 85227: SPOUSES BARTOLOME C. GUEVARRA , et al. vs.SPOUSES ELEUTERIO SANTOS and FLAVIA SANTOS,
Petitioners' Motion for Reconsideration (of the decision in this case dated December 20, 2004) filed on February 24, 2005, is DENIED, for having been filed out of time....
Promulgated on 2005-03-16

474. CA GR SP 81770: Phoenix Iron vs. Hon. Romeo Barza, et al
At bar is a Petition for Certiorari seeking the nullity of the Order dated 04 November 2003 issued by public respondent Judge which denied petitioner s Motion for Reconsideration for failure to comply with the threeday notice requirement under Section 4...
Promulgated on 2005-03-16

475. CA GR SP 84636: Heirs of Agapito Tuason vs. Alegar Corporation
Finding no new matter of substance that would warrant the modification much less the reversal of the January 24, 2005 Decision of this Court, the Motion for Reconsideration filed by the petitioners is hereby DENIED for lack of merit....
Promulgated on 2005-03-16

476. CA GR SP 82817: PNOC-ENERGY Dev. vs. Bureau of Labor Relations, et al
Finding no new matter of substance that would warrant the modification much less the reversal of the November 25, 2004 Decision of this Court, the Motion for Reconsideration filed by petitioner is hereby DENIED for lack of merit....
Promulgated on 2005-03-16

477. CA GR SP 85085: Intercontinental Broadcasting vs. Antonio Salvador, et al
Filed pursuant to Rule 65 of the 1997 Rules of Civil Procedure, the petition for certiorari at bench assails the following orders issued by public respondent, the Hon. Rose Marie Alonso Legasto, Presiding Judge of the Regional Trial Court of Quezon City...
Promulgated on 2005-03-16

478. CA GR CV 74296: Lerma Santos, et al vs. Ma. Lourdes Alfonso
On appeal is the Decision dated 18 January 2002 rendered by the Regional Trial Court (RTC) of Pasig City, Branch 267, in SCA No. 1932 for judicial foreclosure of mortgage, the dispositive portion of which reads:...
Promulgated on 2005-03-16

479. CA GR SP 83539: Metropolitan Bank & Trust Co. vs. Sps. Alfredo & Trinidad Villena, et al.
This is a Petition for Certiorari and Mandamus filed pursuant to Rule 65 of the 1997 Rules of Court assailing the Orders dated Oct 9, 2003, Jan 5, 2004 and Feb 11, 2004 of the Regional Trial Court of Antipolo City, Branch 73....
Promulgated on 2005-03-16

480. CA GR SP 87699: Willie Ong vs. Hon. Amor A. Reyes, et al.
A petition for certiorari under Rule 65 of the Rules of Court was filed by petitioner on December 11, 2004 seeking to set aside the Order dated September 13, 2004 of respondent Judge, which denied his motion for inhibition of respondent Judge....
Promulgated on 2005-03-16

481. CA GR SP 83452: Ma. Consolacion M. Nahas vs. NLRC, et al
Before us is a petition for certiorari seeking to nullify and set aside the Decision1 dated March 31, 2003 of public respondent National Labor Relations Commission (NLRC) in NLRC NCR CA No. 032553-02 which reversed the decision of the Labor Arbiter in OFW...
Promulgated on 2005-03-16

482. CA GR SP 75479: Sps. Alberto Yao, et al vs. Hon. Benjamin Antonio, et al
Before the Metropolitan Trial Court (or MTC) of Navotas, Metro Manila (Branch 54) were three consolidated actions for unlawful detainer involving a 328 square-meter land (or subject property) located at 12 A. R. Cruz Street, Tangos, Navotas, Metro Manila...
Promulgated on 2005-03-16

483. CA GR CV 57790: Maxima Adion, et al. vs. Sps. Saturnino Sevillena and Emilia Cayetano
This is an appeal from the decision, dated 30 June 1997, of the Regional Trial Court, First Judicial Region, Branch 39, Lingayen, Pangasinan, in Civil Case No. 17191,...
Promulgated on 2005-03-16

484. CA GR CV 78335: Marion Cease, Ernesto Cease, Cecilia Cease, Jesus Tomas Cease Lacabel vs. R.P.
Before Us is an appeal from the April 25, 2002 Decision of the Regional Trial Court (RTC), Branch 57 of Lucena City denying the application of Marion Cease, Ernesto Cease, Cecilia Cease, Jesus Tomas Cease Lacabel, and Maria Teodosia Cease Lacabel for t...
Promulgated on 2005-03-16

485. CA GR CV 68106: Arnulfo F. Piano, et al. vs. R.P.
This is an appeal from the June 21, 2000 Decision of the Municipal Trial Court, Vigan, Ilocos Sur in LRC Case No. N-70395 which is an Application for Registration of Title of a parcel of land situated along Quirino Boulevard, Vigan, Ilocos Sur....
Promulgated on 2005-03-16

486. CA GR SP 83721: Crewserve, Inc. vs. NLRC, et al.
Before Us is a petition seeking to set aside the November 24, 2003 NLRC Resolution1 which affirmed the Decision2 of the Labor Arbiter directing the petitioner, Crewserve Inc., to pay the monthly salary and monthly overtime and leave pays due the privat...
Promulgated on 2005-03-16

487. CA GR SP 84509: Steven M. Shaw vs. Tyco Integrated Systems Phils., Inc., et al.
This is an appeal from the April 21, 2004 Decision of the Regional Trial Court, Branch 46, Manila, dismissing appellant Steven Shaw's complaint that he has been denied his right to inspect the corporate books of appellee Tyco Integrated Systems Inc....
Promulgated on 2005-03-16

488. CA GR CV 80671: First Ridge Concrete vs. VinceJoson, et al
Per Resolution1 dated October 26, 2004, plaintiff-appellant was granted a thirty-day extension, or until November 7, 2004, within which to file the Appellant?s Brief. Since the supposed last day of filing fell on a Sunday, plaintiff-appellant had until...
Promulgated on 2005-03-16

489. CA GR CV 73558: Ataneo Lintag et vs. Guillermo Lintag, et al
Contested before the Regional Trial Court of Pampanga (Guagua, Branch 53), in an action for annulment of title, was a parcel of land (or disputed property) with an area of 84,82 square meters, situated at Bo. Gutad, Floridablanca, Pampanga and covered by...
Promulgated on 2005-03-16

490. CA GR CV 79138: Emilia B. Lobo, et al. vs. PNB, et al.
Appeal from the Decision of the Regional Trial Court of Makati, Branch 137, in Civil Case No. 99-2056...
Promulgated on 2005-03-15

491. CA GR CV 79285: Ma. Aurora Y. Custodio vs. Osias L. Liongson
Appeal from the decision of the Regional Trial Court, National Capital Judicial Region, Branch 12, Manila, in Civil Case No. 99-94550, for Damages and Permanent Injunction with Prayer for Preliminary Injunction and Temporary Restraining Order....
Promulgated on 2005-03-15

492. CA GR SP 85504: Star Paper Corp., et al vs. NLRC, et al
Before this Court is a Petition for Certiorari assailing the decision dated March 22, 2004 and resolution dated June 8, 2004 of the National Labor Relations Commission (NLRC) in NLRC NCR CA No. 034736-03 (NLRC NCR Case No. 00-01-00070-02) entitled, PHIL...
Promulgated on 2005-03-15

493. CA GR CV 78855: Philam Insurance vs. Jerry Pillera, et al
Before this Court is an appeal from the decision dated December 27, 2002 of the Regional Trial Court, National Capital Judicial Region, Branch 147, Makati City in Civil Case No. 00-420, entitled Philam Insurance Company, Inc., Plaintiff, versus Jerry R....
Promulgated on 2005-03-15

494. CA GR CR 27884: People vs. Chua Hong Tian
Before this Court is an appeal from the Decision dated July 31, 2003 of the Regional Trial Court, National Capital Judicial Region, Branch 116, Pasay City in Criminal Case No. 03-0432 entitled People of the Philippines, Plaintiff, versus, Chua Hong Tian...
Promulgated on 2005-03-15

495. CA GR CR 24731: People vs. Celso Cantil, et al
Before this Court is an appeal from the Judgment dated October 14, 1998 of the Regional Trial Court, Second Judicial Region, Branch 11, Tuao, Cagayan in Criminal Case No. 559-T entitled People of the Philippines, Plaintiff, vs. Sotero Pedralvez and Celso...
Promulgated on 2005-03-15

496. CA GR CV 71858: Far East Bank vs. Gold Palace Jewelry, et al
Before this Court is an ordinary appeal filed by defendants-appellants assailing the Decision1 dated 30 July 2001 rendered by Hon. Delia H. Panganiban of the Regional Trial Court of Makati City, Branch 64, the dispositive portion of which reads:...
Promulgated on 2005-03-15

497. CA GR SP 87938: FFrancis T. Centeno vs Crewserve, Inc.
The petition for review of two Orders of the Secretary of Labor faces outright dismissal for being a wrong remedy....
Promulgated on 2005-03-15

498. CA GR SP 87573: Hotel Carlston, et al. vs NLRC, et al.
The petition for certiorari faces outright dismissal....
Promulgated on 2005-03-15

499. CA GR CR 00570: PEOPLE OF THE PHILIPPINE vs. FO1 FELIPE DELA CRUZ y REYES, et al.
On automatic review pursuant to A.M.-00-5-03SC is the decision of the Regional Trial Court of Quezon City, Branch 219, in Criminal Case No. Q-99-85787-88, finding herein appellants,...
Promulgated on 2005-03-15

500. CA GR CV 70002: People; Union College of Laguna vs, Petronilo Morales y Villamin
The extinction of the penal action does not carry with it extinction of the civil action. However, the civil action based on delict shall be deemed extinguished if there is a finding in a final judgment in the criminal action that the act or omission from...
Promulgated on 2005-03-15

501. CA GR SP 81537: Jo-Liza International Exports v. HONORABLE CIRIACO LAGUNZAD et al
This is a petition for certiorari with prayers for the issuance of a temporary restraining order and preliminary or mandatory injunction, filed by Jo-Liza International Imports, Inc. (hereinafter referred to as petitioner), assailing the Decision dated 20...
Promulgated on 2005-03-15

502. CA GR SP 60944: Planters Dev'lt. Bank vs. Judge Alagar - RTC Br.66, San Fernando, La Union, et. al.
Before this Court is a petition for certiorari which seeks to annul and set aside the Order dated May 11, 2000 issued by the RTC, Br.66, San Fernando City, La Union, in Adm. Case No. 1689 as well as its Order dated Sept 1, 2000...
Promulgated on 2005-03-15

503. CA GR CV 67720: Corazon R. Fuentes, et al. vs. Florentina Suyoza, et al.
In this appeal, defendants-appellants FLORENTINA SUYOSA, TEODORO S. FUENTES, JR., ANGELES S. FUENTES, EUTIQUIO S. FUENTES and NORBERO S. FUENTES seek to reverse and set aside the Decision of the Regional Trial Court of Sta. Cruz, Laguna, Branch 26, dated...
Promulgated on 2005-03-15

504. CA GR CR 27334: People vs. Teresita Olleres
On Appeal is the decision1 dated 24 January 2003 of Branch 172 of the Regional Trial Court of Valenzuela City in Criminal Case No. 6447-V-97 for Estafa...
Promulgated on 2005-03-15

505. CA GR SP 57813: SPS. Jaime and Gemma Tabirara vs. SPS. Benjamin and Ester Torcuator
Before this Court is a petition for review under Rule 42 of the Rules of Court of the Decision dated Jan 19, 2000 rendered by RTC, Br.55, Manila, in Civil Case No. 98-92097....
Promulgated on 2005-03-15

506. CA GR SP 58203: Charter Chemicals & Coating Corp. vs. DOLE Secretary and SMCC-SUPER
For consideration before this Court is a petition for certiorari under Rule 65 of the Rules of Court seeking to reverse and set aside the following: a) the Decision dated Jan 13, 2000 rendered by the Office of the Secretary of DOLE in OS-A-6-53-99...
Promulgated on 2005-03-15

507. CA GR CV 68618: Leoniso G. Virata vs. R.P.
On appeal by Oppositor-Appellant Republic of the Philippines is the Decision dated August 24, 2000 of Imus, Cavite Regional Trial Court, Branch 22, in LRC Case No. 1475-98 (LRA Record No. N-70671)...
Promulgated on 2005-03-15

508. CA GR SP 87861: SPO3 M. Seraspi, et al. vs The Office of the Ombd., et al.
The petition for review faces outright dismissal for insufficiency in form and substance....
Promulgated on 2005-03-15

509. CA GR CV 75526: Magnolia Corp. vs. Savior Security and Protective Agency
This treats of the remainder of the appeals taken from the Decision of the Regional Trial Court in Pasig City in a suit for Breach of Contract With Damages filed by Magnolia Corporation (or Magnolia for brevity) against Savior Security & Protective Agency...
Promulgated on 2005-03-15

510. CA GR CV 69207: SPS. REMEGIO VILLANUEVA and JOSEFINA OLIDAR, ET. AL. VS. hEIRS OF ESTANISLAO SIGMAN, ET. AL.
Before Us is an appeal from the 19 September 2000 Decision1 of the Regional Trial Court of Agoo, La Union, Branch 31, in Civil Case No. A-1487...
Promulgated on 2005-03-15

511. CA GR SP 85704: Sunace Int'l Mgt. Services, Inc. vs. NLRC, et al.
Before this Court is a petition for certiorari with prayer for the issuance of temporary restraining order and/or preliminary injunction1 under Rule 65 of the Revised Rules of Court seeking to annul and set aside the March 31, 2004 Resolution2 and June 2...
Promulgated on 2005-03-15

512. CA GR CV 77498: FEB Leasing vs. JVL Food Products, et al
Before this Court is an ordinary appeal filed under Rule 41 of the 1997 Revised Rules of Civil Procedure assailing the Decision1 dated 22 November 2002 rendered by Hon. Concepcion S. Alarcon-Vergara of the Regional Trial Court, National Capital Judicial R...
Promulgated on 2005-03-15

513. CA GR CV 66772: Jacinto G. Bunyi, Simeon G. Bunyi, et al. vs. Anastacia Delos Santos, Teresa Del Monte, et al.
This is an appeal from the Decision dated December 10, 1996 of the Regional Trial Court of Muntinlupa City, Branch 276, rendered in Civil Case No. 93-4281, an action for enforcement of a final and executory judgment....
Promulgated on 2005-03-15

514. CA GR SP 83644: Manuel Rodriguez, et al. vs. The Tower Corp.
We have carefully reviewed and appreciated respondent's arguments in seeking reconsideration of our January 31, 2005 Decision which gave due course to the Petition, reversed and set aside the Regional Trial Court Decision, and reinstated the Decision...
Promulgated on 2005-03-15

515. CA GR CR 26378: People vs. Maurelio Reyes y Marcelo
Before this Court is an appeal from the decision dated April 5, 2002 of the Regional Trial Court, National Capital Judicial Region, Branch 214, Mandaluyong City in Criminal Case No. MC-99-1208-D, entitled People of the Philippines vs. Maurelio Reyes y M...
Promulgated on 2005-03-15

516. CA GR SP 88744: Investors Financial Services Corp. vs. Lilia Ana C. Pavis, et al.
The instant Petition for Review1 is outrightly DISMISSED for it contains a defective verification....
Promulgated on 2005-03-15

517. CA GR SP 88603: Ely Rey J. Garcia vs. Magsaysay Maritime Corp., et al.
The instant petition1 is outrightly DISMISSED due to petitioner's failure to attach copies of the complaint, answer, position papers filed before the Labor Arbiter including the Memorandum on Appeal submitted before the National Labor Relations Commissio...
Promulgated on 2005-03-15

518. CA GR SP 72921: Ading Quizon, et al. vs. Hon. Alipio C. Yumul, et al.
The respondent Laniza Juan (or hereafter Juan for brevity) sued the petitioners Ading Quizon, Ben Zablan, Peter Simbulan and Silvestre Villanueva (or petitioners unless individualized) before the 2nd Municipal Circuit Trial Court of Capas-Bamban-Concepcio...
Promulgated on 2005-03-15

519. CA GR CV 80579: NICANOR Y. ISIP, JR. vs REPUBLIC OF THE PHILIPPINES
This is an appeal filed by the Office of the Solicitor General (hereafter OSG) from the Decision dated July 9, 2003 of the Regional Trial Court (RTC), Branch 54, Macabebe, Pampanga, in SP Proc. Case No. 03- 0452 (M) for Petition for Declaration of Presump...
Promulgated on 2005-03-14

520. CA GR CV 63762: Florencio Descalso, et al vs. Pedro Descalso
In this appeal, conflicting claims over the ownership of a parcel of land left by Maria T. Descalso are asserted by her relatives, who have been locked in legal combat for more than a decade now....
Promulgated on 2005-03-14

521. CA GR SP 81149: Roasters Phils., Inc. vs. George Gaviola, et al.
Before this Court is a petition for review that seeks the reversal of the Order dated August 25, 2003 issued by the Regional Trial Court of Las Pinas City, Branch 198, National Capital Judicial Region, in Civil Case No. LP-03-0091...
Promulgated on 2005-03-14

522. CA GR CV 71804: Cesario Millare, et al. vs. Heirs of Virginia M. Gonzales
This is an appeal from a decision dated July 9, 2001 and rendered by the Regional Trial Court, Branch 79, Fourth Judicial Region, Morong, Rizal, in Civil Case No. 379-M (R-34) and Special Proceedings No. 104-M (R-6)....
Promulgated on 2005-03-14

523. CA GR SP 44640: Elvisa Allego vs. Hon. Raul E. de Leon, et al.
We have carefully reviewed and appreciated private respondents' arguments in seeking reconsideration of Our November 17, 2004 Decision giving due course to the petition but sadly, We find no compelling or justifiable reason to grant the same....
Promulgated on 2005-03-14

524. CA GR SP 43369: Sarah P. Navarra vs. Civil Service Commission - Regional Office No. 11
Acting on petitioner's motion for reconsideration of this court's November 30, 2004 Decision which dismissed the petition. We resolve to deny the same, the basic issues raised therein having previously been duly considered and passed upon by this court...
Promulgated on 2005-03-14

525. CA GR SP 51267: Godofredo A. Dolor vs. N.L.R.C. & United Laboratories, Inc.
This is a petition for certiorari assailing the April 24, 1998 Decision of the National Labor Relations Commission (Third Division) in NCR-CA No. 014451-98 (NCR No. 00-03-1829-96), which affirmed the Labor Arbiter's decision dated November 21, 1997 in th...
Promulgated on 2005-03-14

526. CA GR CV 76208: Gonzales G. Espiritu vs. Guerrero Estate Dev. Corp.
Ratification by directors may be by an express resolution or vote to that effect, or it may be implied from adoption of the act, acceptance, or acquiescence....
Promulgated on 2005-03-14

527. CA GR SP 80466: Antonio Limketee vs. Willy Lambengco
The determination of whether or not probable cause exists to warrant the prosecution in court should be consigned and entrusted to the Department of Justice as reviewer of the findings of the public prosecutor (Roberts vs. CA, 254 SCRA 307)....
Promulgated on 2005-03-14

528. CA GR SP 82428: Diwa Dadap, et al. vs. Bureau of Labor Relations, et al.
Before Us for resolution is a motion for reconsideration filed by herein petitioners, seeking reconsideration of Our November 17, 2004 Decision which denied due course to their petition....
Promulgated on 2005-03-14

529. CA GR CV 68792: Luis Miguel Ysmael vs. James Estreller, et al.
A person who occupies the land of another at the latter's tolerance or permission, without any contract between them, is necessarily bound by an implied promise that he will vacate the same upon demand...
Promulgated on 2005-03-14

530. CA GR CV 68565: Charo Lincopines vs. Joseph Alabado, et al.
There are three (3) types of negligence: (1) ordinary negligence - which is the omission to do something which a reasonable man, guided upon those considerations ......
Promulgated on 2005-03-14

531. CA GR CV 68600: Mufaddal Shipping Limited vs. Super Mahogany Plywood Corp., et al.
A charter party is a contract by virtue of which the owner or the agent of a vessel binds himself to transport merchandise or persons for a fixed price....
Promulgated on 2005-03-14

532. CA GR SP 81140: Poseidon Fishing, Terry De Jesus vs. NLRC, Jimmy S. Estoquia
This is a Petition for Certiorari assailing the Decision dated Sept 24, 2002 of the NLRC, w/c affirmed w/ modifications the Decision dated Dec 5, 2000 of Labor Arbiter Melquiades Del Rosario in NLRC-NCR Case No. 00- 07-03625-2000 (illegal dismissal)...
Promulgated on 2005-03-14

533. CA GR SP 68879: Rodolfo Villaneza vs. Samson Italia, SSS
Assailed in this petition for review is the Resolution of the Social Security System (SSS, for short) dated October 4, 2000 and its Order dated November 14, 2001, in the case entitled "Samson Italia, Petitioner, versus Rodolfo Villaneza, Respondent,...
Promulgated on 2005-03-14

534. CA GR CV 53576: NLRC vs. Aurellano S. Tiangco, et al.
The right of eminent domain is the ultimate right of the sovereign power to appropriate any property within its territorial sovereignty for a public purpose subject to the property holder?s right to receive just compensation....
Promulgated on 2005-03-14

535. CA GR SP 68805: Heirs of Atty. Eduardo Marcaida vs. Hon. Manuel S. Sese, et al.
The rules on forum shopping were designed to promote and facilitate the orderly administration of justice. They should not be interpreted with such absolute literalness as to subvert its own ultimate and legitimate objective....
Promulgated on 2005-03-14

536. CA GR SP 74479: Manila International Airport Authority vs. Romulo Negrillo, Romeo Loga
This is a petition for review under Rule 42 of the 1997 Rules of Civil Procedure from the August 26, 2002 Decision of the Regional Trial Court, Branch 116 of Pasay City only insofar as the aspect of the award of attorney's fees is concerned....
Promulgated on 2005-03-14

537. CA GR SP 71251: S. Borromeo vs Hon. Antonio Pozas, et al.
BEFORE Us is a petition for certiorari to annul the Decision of the Regional Trial Court (RTC) granting the writ of possession and the Order denying the motion for reconsideration/quash writ of execution....
Promulgated on 2005-03-14

538. CA GR SP 88612: SLT-Construction, rep. by its owner Susano L. Tapia vs. N.L.R.C. & Ronaldo Mercado, et al.
The herein petition for certiorari assails certain orders of public respondent NLRC in NLRC Case No. RAB-IV-8-12753-00-L (Ronaldo Mercado, et al., Complainants versus SMC-Metal Closure & Lithography Plant, etc., et al., Respondents) dated November 5, 2...
Promulgated on 2005-03-14

539. CA GR SP 84813: Grand Boulevard Hotel vs. Gomeco Metal Corp., et al.
In this Special Civil Action for Certiorari under Rule 65 of the Revised Rules of Court, petitioner GRAND BOULEVARD HOTEL seeks to reverse and set aside the Order dated June 7, 2004 rendered by public respondent Judge FLORO P. ALEJO of the Regional Trial...
Promulgated on 2005-03-14

540. CA GR SP 74155: Manila Bay Spinning Mills, Inc., Coats Manila Bay, Inc., Arsenio N. Tanco vs. NLRC, Ramon Elgo
In this special civil action for certiorari under Rule 65 of the Rules of Court, petitioners assail the April 30, 2002 Resolution of the National Labor Relations Commission [NLRC], Second Division, when it affirmed the Decision of the Labor Arbiter in...
Promulgated on 2005-03-14

541. CA GR SP 87195: Heirs of the Late Guillermo dela Cruz vs. DARAB, et al.
This appeal by way of petition for review under Rule 43 of the Rules of Court seeks to overturn: (1) The Decision dated June 21, 20041 of the Department of Agrarian Reform Adjudication Board (or DARAB), in DARAB Case No. 6203...
Promulgated on 2005-03-14

542. CA GR SP 85347: Jesus E. Vergara vs. NLRC, et al.
It is an elementary rule in the interpretation of contracts such as collective bargaining agreements and employment contracts that if the terms of a contract are clear and leave no doubt upon the intention of the contracting parties, the literal meaning...
Promulgated on 2005-03-14

543. CA GR SP 84219: Jo Tankers Phils. Inc. vs. NLRC, et al.
Disability should not be understood more on its medical significance but on the loss of earning capacity....
Promulgated on 2005-03-14

544. CA GR SP 86420: Cougar Integrated Services vs. Hon. Patricia Sto. Tomas, et al.
At bar is a petition for certiorari under Rule 65 of the Rules of Court with prayer for preliminary injunction and/or temporary restraining order, seeking to annul and set aside the Orders issued by respondent Secretary Patricia Sto. Tomas of the Departm...
Promulgated on 2005-03-14

545. CA GR SP 75153: Mega Pacific Insurance Corp. vs. NLRC, et al.
AMENDED DECISION - May a surety bond posted to perfect an appeal from the decision of the Labor Arbiter, expressly conditioned - to guarantee the satisfaction of the monetary award in the event the decision to be appealed is affirmed in whole or in part b...
Promulgated on 2005-03-14

546. CA GR CR 27281: People vs. Emilio Andiso y Bawaan
The Information filed before the trial court charged the accused-appellant and two John Does with the offense of Robbery with Homicide....
Promulgated on 2005-03-14

547. CA GR CR 00361: People vs. Ronald Sarmiento
HC - Before this Court is an appeal1 filed by accused-appellant Ronald Sarmiento, from the Decision2 dated 22nd of April 2002 rendered by the Regional Trial Court, Branch 30 of San, Jose, Camarines Sur, in Criminal Case No. T-2053, finding him guilty of t...
Promulgated on 2005-03-14

548. CA GR CV 74291: Sps. Mario and Liwayway Cruz, et al. vs. Sps. Geronimo and Lydia Montemayor, et al.
Before this Court is an appeal filed by the defendants-appellants from the Decision1 dated September 8, 2000 rendered by the Regional Trial Court, Branch 71 of Antipolo City, Rizal, in Civil Case No. 95-3571, entitled Restoration of Right-of-Way (Easemen...
Promulgated on 2005-03-14

549. CA GR SP 74509: PIS/Kaunlaran Construction Supply, William Uy vs. NLRC, Demetrio L. Composo
Before Us is a Petition for Certiorari under Rule 65 of the 1997 Rules of Civil Procedure seeking to annul and set aside the Resolution dated 24 May 2002 issued by public respondent National Labor Relations Commission ("NLRC") in NLRC CA Case No. 0286...
Promulgated on 2005-03-14

550. CA GR SP 75784: Rosemarie Vda. de Sarte vs. Dr. Gregorio D. Gabriel, et al.
Elevated to this Court via petition for review is the decision of the Regional Trial Court (RTC) of Pasig City, Branch 160, affirming in toto the decision of the Metropolitan Trial Court (MeTC) of Pasig City, Branch 68 in Civil Case No. 8398 involving an...
Promulgated on 2005-03-11

551. CA GR SP 88126: Eduardo V. Santos, et al. vs. Manuel B. Gaite, et al.
Before Us is a Petition for Certiorari under Rule 65 of the 1997 Revised Rule of Civil Procedure seeking to annul and set aside the following:...
Promulgated on 2005-03-11

552. CA GR CV 80207: Lito Aluyon vs. Natividad Rivera, et al.
In view of the failure of the plaintiff-appellant Lito Aluyon to file his brief within the reglementary period provided by Section 7, Rule 44 of the 1997 Rules of Civil Procedure, as amended, the appeal of the said plaintiff-appellant is hereby DISMISSED...
Promulgated on 2005-03-11

553. CA GR SP 83369: Juliet Catane vs. Dr. Fedeserio C. Camarao, et al.
Acting on petitioner's motion for reconsideration of this court's December 15, 2004 Decision which denied due course to the petition. We resolve to deny the same, the basic issues raised therein having previously been duly considered and passed upon...
Promulgated on 2005-03-11

554. CA GR SP 80855: Las Palmas Hotel, et al. vs. NLRC, et al.
Before this court is a petition for certiorari filed under Rule 65 of the Rules on Civil Procedure assailing the Resolutions dated August 18, 2003 and September 26, 2003 decided by the public respondent National Labor Relations Commission (Third Division...
Promulgated on 2005-03-11

555. CA GR CV 80281: Maria C. Alcantara, et al. vs. Ernesto T. Robion, Jr., et al.
At about 5:30 in the morning of June 4, 1996, Jose Alcantara was at the yard of their house along the national highway in poblacion Villasis, Pangasinan on his way to church....
Promulgated on 2005-03-11

556. CA GR CR 27794: People vs. Evelyn San Gregorio et al
Before this Court is an appeal filed under Rule 122 of the Revised Rules of Criminal Procedure assailing the Decision dated 09 July 2003 rendered by the Regional Trial Court, National Capital Judicial Region, Branch 45, Manila, in the case entitled, Peopl...
Promulgated on 2005-03-11

557. CA GR CR 28136: People vs. Mary Jane Lucas
This is an Appeal from the Decision, dated September 22, 2003, of the Regional Trial Court of Pasig City, Branch 164, in Criminal Case No. 12326-D, convicting Accused- Appellant Mary Jane Lucas of Violation of Section 11, 2nd paragraph, No. 3 of Article...
Promulgated on 2005-03-11

558. CA GR SP 72275: Wack Wack Golf & Country Club vs. N.L.R.C., Crisanto Baluyot, et al.
The February 5, 2001 order of the respondent Labor Arbiter and the resolutions dated January 28, 2002 and May 16, 2002 of the respondent National Labor Relations Commission are NULLIFIED for being issued with grave abuse of discretion....
Promulgated on 2005-03-11

559. CA GR SP 83795: Syndicated Management Group Inc., vs Hon. Maria Nena J. Santos et.al.,
It is to the interest of the public that there should be an end to litigation by the same parties and their privies over a subject fully and fairly adjudicated. From this overwhelming concern springs the doctrine of res judicata ? an obvious rule of reaso...
Promulgated on 2005-03-11

560. CA GR SP 69356: National Power Corporation vs Hon. Emilio L. Leachon Jr.
The assessment and evaluation of evidence in the issuance of the writ of preliminary injunction involves findings of facts ordinarily left to the trial court for its conclusive determination. ...
Promulgated on 2005-03-11

561. CA GR CV 75265: Rosita Pasion Tambis vs. Emilio Tambis, et al.
Appeal from the Decision of the Regional Trial Court of Las Pinas City, Branch 255, in Civil Case No. 98-0188...
Promulgated on 2005-03-11

562. CA GR SP 83258: Juanitos' Propeller Shop vs NLRC et.al.,
This Petition for Certiorari filed under Rule 65 of the 1997 Rules on Civil Procedure seeks to set aside the Order dated October 30, 2003 and the Resolution dated February 20, 2004 of the Public Respondent National Labor Relations Commission (NLRC)...
Promulgated on 2005-03-11

563. CA GR SP 77267: MARLA MACADAEG LAUREL VS. SOCIAL SECURITY SYSTEM, ET AL.
Certiorari may only be availed of in appropriate cases when there is no other plain, speedy and adequate remedy in the ordinary course of law. When the rule provides for a remedy of Petition for Review under Rule 43, certiorari does not lie. Before U...
Promulgated on 2005-03-11

564. CA GR CV 80226: Josefina S. Baltao, et al. vs. Mariano Alejandro L. Baltao, et al.
The Appeal of oppositor-appellant Mariano Alejandro L. Baltao (oppositor-appellant) is DISMISSED for his failure to file the required brief despite the extended period given him, on authority of Section 1 (e), Rule 50 of the Revised Rules of Court....
Promulgated on 2005-03-11

565. CA GR CV 64890: Carlos A. Foronda vs. Republic of the Philippines
On Appeal is the Order dated 26 February 1999 of Branch 18 of the Regional Trial Court of Ilagan, Isabela, in LRC Case No. 98-53, granting the application of herein petitioner-appellee for reconstitution of Transfer Certificate of Title No. T-1343...
Promulgated on 2005-03-11

566. CA GR SP 85880: Dee Ping Wee, et al. vs. Hon. Apolinario D. Bruselas
This is a petition for certiorari seeking to annul and set aside the decision, dated 23 June 2004, of the Regional Trial Court, National Capital Judicial Region, Branch 93, Quezon City, in Civil Case No. Q-04-092,...
Promulgated on 2005-03-11

567. CA GR SP 83648: Polyfoam-RGC International Corp. vs. Aladino C. Estrella, et al.
Assailed in this petition for review, filed by Polyfoam-RGC International Corporation (Polyfoam) under Rule 43 of the Rules of Court, are the Decision of Voluntary Arbitrator Vivian Fuentes dated January 23, 2003 disposing NCMB-NCR-2002-003 (B)...
Promulgated on 2005-03-11

568. CA GR SP 82773: Maersk Crewing, Inc. vs. Pedro T. Pachica and the NLRC (2nd Div.)
Before this Court is a petition for certiorari with prayer for the issuance of temporary restraining order and writ of preliminary injunction under Rule 65 of the Rules of Court which seeks to annul and set aside the Resolution...
Promulgated on 2005-03-11

569. CA GR SP 59072: Ma. Victoria Fabella vs. Judge Helena Bautista-Ricafort, et. al.
Before this Court is a Petition for Certiorari under Rule 65 of the Rules of Court which seeks to annul and set aside the Order dated July 9, 1999 of RTC - Parañaque City, Br.260, in Civil Case No. 95-032 and its Order dated Mar 9, 2000...
Promulgated on 2005-03-11

570. CA GR CR 00136: People vs. Julian Opena, et al.
For consideration is the appeal filed by accused-appellant SPO1 Julian Opena (SPO1 Opena) and his father-in-law, Gregorio Camerino (Camerino) from the April 10, 2000 Decision of the Regional Trial Court, Branch 190, of Dasmarinas, Cavite, in Criminal Case...
Promulgated on 2005-03-11

571. CA GR SP 84869: Ester Pascual Zapanta vs. NLRC, et al.
Fixed-term employment contracts are generally not unlawful. Only in certain cases when it appears from the circumstances that it is merely utilized as a devious scheme or wicked ploy to circumvent the tenurial security of employees will it be shunted asid...
Promulgated on 2005-03-11

572. CA GR CV 68640: The Phil. Banking Corp. vs. Amex Trading and Dev. Corp., et al.
On July 15, 1998, defendants-appellants executed a promissory note in the amount of P3,474,000.00, with maturity date on July 16, 2001, in favor of plaintiff-appellee payable in monthly installments of P40,000.00 with interest at the rate of 19.75% per an...
Promulgated on 2005-03-11

573. CA GR CV 72913: Fernando U. Juan vs. 88 Mart Duty Free, et al.
This is an appeal from the decision, dated 22 July 1998, of the Regional Trial Court, Third Judicial Region, Branch 75, Olongapo City, in Civil Case No. 307-0-95,...
Promulgated on 2005-03-11

574. CA GR SP 84293: Sprint Business Network, et al. vs. NLRC
Constructive dismissal exists where there is cessation of work because continued employment by the employee is rendered impossible, unreasonable or unlikely....
Promulgated on 2005-03-11

575. CA GR CR 27356: People vs. Enrique Francisco y Manalili, et al.
Before Us for resolution is a motion for reconsideration filed by herein accused-appellant on Our decision promulgated on September 22, 2004....
Promulgated on 2005-03-11

576. CA GR CV 57477: Sps. Reynaldo and Catherine Bancod vs. Julieta Zamuco, et al.
Defendants-appellants Julieta Zamuco and Jesus Manolid appealed from the Decision1 dated February 12, 1997 of the Regional Trial Court of Lingayen, Pangasinan, Branch 38...
Promulgated on 2005-03-11

577. CA GR CV 73379: Corazon Prolles vs. Republic
The sufficiency of the requisite notice for the replacement of a lost owner s duplicate certificate of title is assailed in the instant appeal from the Decision dated 28 September 2001 of the Regional Trial Court (RTC), Branch 68, Pasig City in Land Regi...
Promulgated on 2005-03-10

578. CA GR CV 55537: Sps. Leoncio V. Tuates & Presca Aquino vs. Republic of the Philippines
The oppositor-appellant seeks the reversal of the decision of the Regional Trial Court of Dagupan City, Branch 44 dated October 7, 1996, granting the reconstitution of Original Certificate of Title (OCT) No. 38830....
Promulgated on 2005-03-10

579. CA GR SP 78735: Baliwag Transit vs. NLRC, et al
Before us is a Petition for Certiorari seeking to overturn the twin Resolutions dated January 31, 20032 and May 30, 20033, respectively, issued by public respondent National Labor Relations Commission in NLRC NCR CA No. 22835-2000 (NLRC NCR Case Nos. 00-...
Promulgated on 2005-03-10

580. CA GR CV 72770: Sps. Villaflores vs. Sps. Balestamon
Appellants assail the 27 September 2001 Decision of Branch 46, Regional Trial Court of San Jose, Mindoro Occidental, in Civil Case No. R-882, declaring the rescission of the 18 December 1981 Deed of Conditional Sale and finding appellants liable for damag...
Promulgated on 2005-03-10

581. CA GR CR 25425: People vs. Antonio Huan
On appeal is the November 29, 2000 decision1 of the Regional Trial Court of Manila, Branch 24, finding accused-appellant Antonio Huan guilty beyond reasonable doubt of five counts of violation of Batas Pambansa Blg. 22 in Criminal Cases Nos. 94-135551 to...
Promulgated on 2005-03-10

582. CA GR CV 69545: Julia T. Rodriguez vs. Nelson T. Durante; R.P.
A petition for declaration of nullity of her marriage with respondent was filed by petitioner-appellant with the Regional Trial Court, Branch 80, Morong, Rizal....
Promulgated on 2005-03-10

583. CA GR SP 83919: Hi-Yield Realty vs. Hon. Cesar Untalan, et al
Before this Court is a Petition for Certiorari and Prohibition under Rule 65 of the Rules of Court seeking the nullification of the 22 January 2004 and 27 April 2004 Orders of Hon. Cesar O. Untalan, in his capacity as Presiding Judge of RTC-Makati, Branc...
Promulgated on 2005-03-10

584. CA GR CR 27586: People vs. antonio Noria, et al
On appeal is the Decision1 dated 22 May 2003 of the Regional Trial Court, Branch 8, Legazpi City, finding accused Dexter Noria alias Adit and appellants Antonio Noria, Jr., alias Ngirit and Michael Noria guilty beyond reasonable doubt of the crime of F...
Promulgated on 2005-03-10

585. CA GR SP 78092: Nelson . Collantes vs. Civil Service Commission, et al
Judicial processes may be intricate, but the vital precept underlying them is the conclusiveness of final and executory judgments, even at the peril of certain legal lapses....
Promulgated on 2005-03-10

586. CA GR CR 19834: People of the Philippines vs. Virgilio Tinonas Y Chua
On appeal is the decision of the Regional Trial Court of Dagupan City, Branch 42, in Criminal Case No. D-11028 dated March 6, 1996, finding the accused-appellant guilty beyond reasonable doubt of the crime of Reckless Imprudence Resulting In Homicide And...
Promulgated on 2005-03-10

587. CA GR SP 83332: Saturnino Badilla vs. NLRC, et al.
When continued employment had been rendered impossible or unreasonable so that the employee was forced to resign, this has been considered as constructive dismissal....
Promulgated on 2005-03-10

588. CA GR CR 25729: People vs. Fermin Galarosa, et al.
Denial is self-serving and constitutes as negative evidence that is not given greater weight than a positive declaration by a credible witness who testifies on affirmative matters....
Promulgated on 2005-03-10

589. CA GR SP 74145: FIRST WOMEN?S CREDIT CORP. ET. AL. VS. HON. HERNANDO B. PEREZ, ET. AL.
We are now confronted with a petition for certiorari under Rule 65 of the Rules of Court, challenging the Resolutions dated April 29, 2002 and September 24, 2002...
Promulgated on 2005-03-10

590. CA GR CV 60196: Josephine Colago, et al. vs. Sps. Pesigan
The drawing and subsequent negotiation of the check have certain inevitable consequences? the transfer of title, the incurring of liability in regard to the instrument and the creation of a contract with the parties on the face of the instrument....
Promulgated on 2005-03-10

591. CA GR SP 88279: Rodolfo and Marina Ampoan vs. Sps. Cesar and Milagros Paragas, et al.
The Court resolves to DISMISS the herein Petition for Review for failure to attach pertinent and relevant pleadings filed before the Municipal Trial Court and Regional Trial Court in order for this Court to judiciously determine the merit of the case...
Promulgated on 2005-03-10

592. CA GR CR 26819: People vs. Ernesto Genetiano
The requisites for Estafa with Abuse of Confidence are: (1) money, goods, or other personal property is received by the offender in trust, on commission, for administration, or under any other obligation involving the duty to make delivery of or return...
Promulgated on 2005-03-10

593. CA GR SP 79034: Evalend Shipping Co., et al. vs. Ocean East Agency Corp.
Before Us is a petition for certiorari assailing the Order dated March 9, 2003 issued by the Regional Trial Court of Paranaque City, Branch 196, which denied petitioners' motion to dismiss, as well as its Order dated August 15, 2003,...
Promulgated on 2005-03-10

594. CA GR CV 77747: Sps. Pacito & Clara Tuling vs. Transunion Corp.
Extrinsic fraud as a cause for annulment of judgment under Rule 47 of the Revised Rules of Court refers to any fraudulent act of the prevailing party in a litigation which was committed outside of the trial of the case, whereby the defeated party had bee...
Promulgated on 2005-03-10

595. CA GR SP 87371: DFS Sports Unlimited, Inc. vs. Hon. Isabel Panganiban Origuerra, etc., et al.
The instant case is hereby DISMISSED pursuant to Section 1 (e), Rule 50 of the 1997 Rules of Civil Procedure, as amended....
Promulgated on 2005-03-10

596. CA GR CR 00529: People vs. Bobby Taway, et al.
Appeal from the Decision of the Regional Trial Court of Malolos, Bulacan, Branch 11, in Criminal Case No. 1373-M-98...
Promulgated on 2005-03-10

597. CA GR CV 71243: Insular Life Savings and Trust Co. vs. Robinson Lapid, et al.
This is an appeal from the Decision of the Regional Trial Court, Branch 33, Manila,...
Promulgated on 2005-03-10

598. CA GR SP 88082: Ariel de Dios vs. Hon. Antonio Esteves
This is a petition for certiorari and prohibition with prayer for the issuance of a temporary restraining order and/or writ of preliminary injunction seeking to annul and set aside the Order dated August 20, 2004 sustaining petitioner s motion to suspen...
Promulgated on 2005-03-10

599. CA GR SP 88156: Land Bank vs. Cesar Anson
This is a petition for review filed under Rule 43 seeking to reverse and set aside the Decision dated November 26, 2004 as modified by the Order dated December 17, 2004 of the Regional Trial Court (Special Agrarian Court) of Legazpi City, Branch 3...
Promulgated on 2005-03-10

600. CA GR CV 60568: Guinobatan Cooperative vs. Marilou Garcia
This is an appeal from the May 13, 1998 Decision of the Regional Trial Court, Branch 13, Ligao, Albay, in Civil Case No. 1859, an action for a sum of money. The decision ordered the defendant-appellant Marilou Garcia (Garcia) to pay all her loan obliga...
Promulgated on 2005-03-10

601. CA GR CV 76708: Roger Cas vs. Martina Acuna Villa
For failure to file his brief within the reglementary period granted by this Court which expired on December 2, 2004, plaintiff-appellant s appeal is considered ABANDONED and accordingly DISMISSED pursuant to Section 1(e), Rule 50 of the Revised Rules of...
Promulgated on 2005-03-10

602. CA GR CV 72365: Bernardo Silverio vs. Secretary of Agrarian Reform, et al.
This is in regard to the appeal of the Secretary of Agrarian Reform and the Land Bank of the Philippines from the Decision of the Regional Trial Court of Sorsogon, Sorsogon in Civil Case No. 95-6134...
Promulgated on 2005-03-10

603. CA GR SP 88312: National Home Mortgage vs. Hon. Ma. Cristina Cornejo, et al
Before us is a Petition for Certiorari with prayer for the issuance of temporary restraining order and/or writ of preliminary injunction, seeking to annul and set aside the Orders dated August 19, 2004 and December 2, 2004 of the Regional Trial Court o...
Promulgated on 2005-03-10

604. CA GR SP 86956: Dagupan Tonys Lumber vs. NLRC et al
Assailed in this petition for certiorari under Rule 65 is the Decision dated January 30, 2004 reversing the decision of the Labor Arbiter and declaring the petitioners guilty of illegal dismissal, ordering them to reinstate private respondents with pay...
Promulgated on 2005-03-10

605. CA GR CV 83131: Stepehn E. Toring, etc. vs. Samuel Rolando A. Falcon
This treats of appellee's Motion to Dismiss the herein appeal, which is predicated on the following grounds: (1) Appellant's Brief is not verified by appellant himself as required under Section 4 of Rule 7; (2) it lacks the required Certification agains...
Promulgated on 2005-03-10

606. CA GR CV 69586: SPOUSES PEDRO and NENITA ANGELES VS. SPS. VALENTIN and OLIVA LIQUIRAN
For consideration is the appeal interposed by defendantsappellants, anchored on the lone assignment of error that the RTC Br. 122 of Caloocan City erred in holding that the true intention of the parties is that their loan agreement is payable within 3...
Promulgated on 2005-03-09

607. CA GR SP 87154: SPORTLINE APPAREL, INC. vs. NATIONAL LABOR RELATION COMMISSION and JERRY L. ARCA
Before Us is a petition for certiorari seeking to set aside the Decision dated May 12, 2004 (Annex "A", Petition; Rollo, pp. 22-31) of the National Labor Relations Commission (NLRC, for brevity) in NLRC NCR CA No. 035076-03 (NLRC NCR-06-04666-2002) wh...
Promulgated on 2005-03-09

608. CA GR SP 88702: A. P. HOME BUILDERS CORP. vs REGIONAL TRIAL COURT OF CABANATUAN CITY, BRANCH 27, et al
Finding the Petition for Annulment of Judgment with prayer for temporary restraining order and/or preliminary injunction to be in order, the same is GIVEN DUE COURSE....
Promulgated on 2005-03-09

609. CA GR SP 70708: ANTONIO GOBRES VS. NLRC, ET. AL.
This Petition for Certiorari under Rule 65 seeks to set aside the NLRC Decision dated July 31, 2001 dismissing petitioners? appeal from the decision dated October 4, 1999 of the Labor Arbiter and the Resolution dated February 21, 2002 denying petitione...
Promulgated on 2005-03-09

610. CA GR CR 21847: PEOPLE VS. PEDRO R. SANTIAGO, et al.
This is an appeal from the Order1 dated October 9, 1997 of RTCBranch 103, Quezon City, in Criminal Case Nos. Q-96-64931 to 64932 and Crim. Cases Nos. 96-64935 to 64936...
Promulgated on 2005-03-09

611. CA GR SP 77464: Henry B. Panela vs. Hon. Ombudsman Ulysis S. Calumpad, et al.
This is a petition for review seeking to set aside the decision, dated 16 July 2002, of Graft Investigation Officer II Ulysis S. Calumpad, in OMBADM-0-01-0438, approved by Overall Deputy Ombudsman Margarito P. Gervacio, Jr., on 07 January 2003,...
Promulgated on 2005-03-09

612. CA GR SP 86440: Orlando Maningaset.al. vs Eugenio Mabagos et.al.
This is a Petition for Review under Rule 43 of the Revised Rules of Court seeking to nullify and set aside the Decision dated November 17, 2003 and Resolution dated August 6, 2004 both issued by the Department of Agrarian Reform Adjudication Board (DARAB...
Promulgated on 2005-03-09

613. CA GR SP 80370: Alma Jacob, et al vs. YSMAEL UALAT et al
Before this Court is a Motion for Reconsideration of the Decision dated 29 June 2004, wherein We dismissed petitioners petition for certiorari and mandamus, finding that the Regional Trial Court of Echague, Isabela, Branch 24, did not commit grave abuse o...
Promulgated on 2005-03-09

614. CA GR SP 88661: All Oceans Maritime, et al vs. NLRC, et al
Before this Court is a Petition for Certiorari with Prayer for the issuance of Temporary Restraining Order/Writ of Injunction filed by petitioners All Oceans Maritime Agency Inc. and Marie Mallari on 21 February 2005....
Promulgated on 2005-03-09

615. CA GR CR 00145: People vs. Myka Maguindra, et al
In a resolution dated December 1, 2004,2 the Supreme Court resolved to forward to this Court (a) the motion of counsel for accused-appellants for extension of fifteen (15) days from October 21, 2004 or until November 5, 2004 within which to file appella...
Promulgated on 2005-03-09

616. CA GR SP 69603: FELIPA LEANDICHO-TINTERO, vs. LEONCIO ONG, et al
This is a Motion for Reconsideration1 filed by petitioner of this Courts Decision promulgated on 29 March 2004....
Promulgated on 2005-03-09

617. CA GR SP 66200: San Miguel Corp. Employees, et al vs. Bureau of Labor, et al
For review is the decision of the Bureau of Labor Relations restoring the certificate of registration of the San Miguel Packaging Products Employees Union (SMPPEU) earlier cancelled by the Regional Director, and allowing it to remain in the roster of leg...
Promulgated on 2005-03-09

618. CA GR CV 53527: Alfredo Nisperos et al vs. Ramon Morla, et al
Before the Regional Trial Court of Isabela (Ilagan, Branch 17) was an action for repurchase and/or recovery of ownership plus damages involving 50,000 square meters (or contested land) of that 80,873 square-meter agricultural land identified as Lot No. 4...
Promulgated on 2005-03-09

619. CA GR CR 00091: People vs. Renato Punzalan y Pason
Before us is an appeal from the Decision dated June 6, 2002 of the Regional Trial Court of Marikina City, Branch 272 finding herein accusedappellant Renato Punzalan guilty beyond reasonable doubt of the crime of Robbery with Homicide and sentencing him t...
Promulgated on 2005-03-09

620. CA GR CV 79028: Heirs of Angela Catamora Mandal vs. Heirs of Baltazar Bogavil BOGAVIL,
Before us is an appeal from the Order dated August 14, 2001 of the Regional Trial Court, (RTC) Branch 49 of Cataingan, Masbate dismissing plaintiffs-appellants' complaint for recovery of ownership, possession and damages docketed as Civil Case No. 299,...
Promulgated on 2005-03-09

621. CA GR SP 86709: Leticia Canezal vs. Larry Antonio
This is a Petition for Review from the Decision (Rollo, pp. 87-94) of the Regional Trial Court of Manila, Branch 39 in Civil Case No. 04-109141 for Damages dated 3 September 2004 which affirmed the Decision (Rollo, pp. 117- 118) of the Metropolitan Trial...
Promulgated on 2005-03-09

622. CA GR SP 81938: Ricardo Ingal, vs. SSS, et al
Before this Court is an appeal from the Resolution (Rollo, pp. 18-24) of the Social Security Commission (SSC, for brevity) in SSC Case No. 8-15210-01 dated 16 July 2003 which ordered petitioner Ricardo Ingal to pay SSS contributions in favor of the late...
Promulgated on 2005-03-09

623. CA GR SP 86332: Lucullus Gourmet vs. NLRC, et al
Before Us is a Petition for Certiorari under Rule 65 of the Rules of Civil Procedure seeking to annul and set aside the Resolutions of the National Labor Relations Commission [NLRC] dated 05 May 2004 and 22 July 2004 in NLRC C.A. No. 029913-01 and NLR...
Promulgated on 2005-03-09

624. CA GR CV 78721: Honorio Sumera vs. Araceli Guay, et al
This is an appeal from the decision of the Regional Trial Court of Valenzuela City, Branch 172 dated 3 September 2002 in Civil Case No. 158-V-01 for Nullity of Marriage which declared the marriage between Honorio A. Sumera and Araceli G. Guay null and voi...
Promulgated on 2005-03-09

625. CA GR CV 79690: Heirs of Juan Camacho vs. R.P.
This is an appeal, posed by the Office of the Solicitor General (OSG) representing the Republic of the Philippines, from the Order, dated April 23, 2003, of the Regional Trial Court (RTC) of Balanga, Bataan, Branch 2, issued in Cadastral Case No. R-380-...
Promulgated on 2005-03-09

626. CA GR CV 67279: Sps. Abraham Abenoja vs. Sps. Francisco Marinay, et al
Before this Court is an ordinary appeal assailing the Decision1 dated 16 March 2000 rendered by Hon. Fernando F. Flor, Jr. of the Regional Trial Court of Cabarroguis, Quirino, Branch 32, in Civil Case No. 379, the dispositive portion of which reads:...
Promulgated on 2005-03-09

627. CA GR SP 83510: Binga Employees Workers Union vs. Sec. of Labor and Employment, 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 October 28, 2002 of the Regional Director1 of the Department of Labor and Employment (or DOLE), Cor...
Promulgated on 2005-03-09

628. CA GR CV 82865: RODRIGO TIMAN, ET AL. vs SALVADOR & VIOLETA CHUA
This is an appeal from the Decision dated May 14, 2004 rendered by the Regional Trial Court of Quezon City Branch 86 (hereafter RTC), in Civil Case No. Q-00-41276, the dispositive portion of which reads as follows...
Promulgated on 2005-03-09

629. CA GR SP 86158: ALL ASIA PLANS, INC. vs HON. RUBEN C. AYSON, ET AL.
This is a Petition for Certiorari under Rule 65 of the 1997 Rules of Civil Procedure, as amended, seeking to annul and set aside the Resolution dated May 3, 2004, denying the Motion to Dismiss filed by All Asia Plans Inc. (hereafter petitioner) and the Or...
Promulgated on 2005-03-09

630. CA GR SP 55964: Pablo Plasis, et. al. vs. Judge Winlove Dumayas of MTC Br.81, et al.
Before this Court is a petition for annulment of judgment under Rule 47 of the Rules of Court with application for the issuance of a T.R.O. and preliminary injunction which seeks to annul and set aside the joint Decision dated March 5, 1998...
Promulgated on 2005-03-09

631. CA GR SP 66320: Innodata Phils., Inc. vs. Accredited Voluntary Arbitrator Purisimo Buyco and IDEA
For consideration before this Court is a petition for certiorari under Rule 65 of the Rules of Court seeking to reverse and set aside the Decision dated June 27, 2001 rendered by AVA Purisimo S. Buyco of the National Conciliation and Mediation Board...
Promulgated on 2005-03-09

632. CA GR SP 78521: MANILA ELECTRIC COMPANY vs Hon. DIONISIO C. SISON, et al.
This is a petition for certiorari under Rule 65 of the Revised Rules of Court filed on 11 August 2003 by Manila Electric Company (MERALCO) against Hon. Dionisio C. Sison, Judge, Regional Trial Court of Valenzuela City, Branch 75 , & Wilfredo Natividad...
Promulgated on 2005-03-08

633. CA GR CV 81299: Lorita Cumpio et al vs. Mario Factor, et al
Considering that plaintiffs-appellants have not filed the Appellants Brief to date, nor have they filed any motion for extension of time to file the same, notwithstanding the entry of appearance of their new counsel in December 10, 2004, the present appe...
Promulgated on 2005-03-08

634. CA GR SP 80204: Salome T. Cagalitan vs. NLRC, et al.
This is to resolve the Partial Motion for Reconsideration filed by respondents from the Decision of this Court dated December 15, 2004 ordering the private respondent J.J. Pyramid Builders Corporation to pay the petitioner the amount of P842,664.70 repr...
Promulgated on 2005-03-08

635. CA GR SP 88401: Jorge Valdisimo vs. Hon. Luis B. Arranz, et al.
The following formal infirmities are extant in the instant petition: - Verification LACKS the assurance that the allegations in the Petition are based on authentic records......
Promulgated on 2005-03-08

636. CA GR SP 87331: Sps. Rorita and Anson Ngo vs. Hon. Edwin D. Sorongan, et al.
At Bench is a Petition for Certiorari and Prohibition with application for the issuance of Temporary Restraining Order and/ or Writ of Preliminary Injunction directed against the Order dated September 8, 2004,...
Promulgated on 2005-03-08

637. CA GR SP 74492: Metropolitan Bank vs. Hon. Hernando Perez, et al
Finding the grounds raised in the petitioner s Motion for Reconsideration of this Court s decision dated December 14, 2004 to be mere reiteration or rehash of the arguments in the Petition for Certiorari and Mandamus, the same is hereby DENIED for lack of...
Promulgated on 2005-03-08

638. CA GR CV 57838: LETICIA PAINGAS SANTOS, ET. AL. VS. AMBROSIO SANTOS, ET. AL.
On appeal is the Decision1 dated August 27, 1997, rendered in Civil Case No. 368-M-93 by Branch 19 of the Regional Trial Court of Malolos, Bulacan...
Promulgated on 2005-03-08

639. CA GR CR 27188: Edgardo Opinion vs. People, et al.
Before Us for resolution is a motion for reconsideration filed by herein petitioner on Our decision promulgated on September 21, 2004 denying due course to his petition....
Promulgated on 2005-03-08

640. CA GR SP 88675: Lockheed Detective & Watchman Agency, Inc. vs. NLRC, Fernando Loreto, Floro Semacio, et al.
This petition masquerading as one for certiorari is in reality an action for injunction with a prayer for a temporary restraining order and/or writ of preliminary injunction as evinced by its prayer which reads:...
Promulgated on 2005-03-08

641. CA GR CV 76257: Ver Cruz vs. Manila Electric Co.
Appeal from the Decision of the Regional Trial Court of Quezon City in Civil Case No. Q-99-39563, an action for injunction to permanently restrain the Manila Electric Company (MERALCO) from disconnecting for the second time the electric power supply of t...
Promulgated on 2005-03-08

642. CA GR CV 76359: Romy Dy vs. Alejandro Yap, et al
Before this Court is an ordinary appeal filed by appellants assailing the Decision dated 27 September 2002 issued by Hon. Rogelio M. Pizarro of the Regional Trial Court, National Capital Judicial Region, Branch 222, Quezon City in Civil Case No. 98-33486,...
Promulgated on 2005-03-08

643. CA GR CV 83301: CHARITA LEUPANICH, vs. LUIS RODIGAR MENDIOLA
For the Court s resolution are the following: 1) Motion to Withdraw as Counsel1, filed by Atty. Orlando R. Pangilinan, counsel for the plaintiff-appellant, with the conformity of his client, Charita Leupanich; and, 2) plaintiff-appellant s Notice to Withd...
Promulgated on 2005-03-08

644. CA GR SP 82232: Planters Development Bank vs. Hon. Santiago M. Arenas, et al.
This is a petition for certiorari under Rule 65 of the Rules of Court which seeks to nullify and set aside, for having been issued with grave abuse of discretion amounting to lack or excess of jurisdiction, the Orders dated January 15, 2004 and January 30...
Promulgated on 2005-03-08

645. CA GR SP 88533: Wilda Oribiana vs. NLRC, et al
Before this Court is a Petition for Certiorari filed by petitioner on February 11, 2005. A perusal of the petition reveals that the petitioners failed to include the required explanation under Section 11, Rule 13 of the Rules of Court as to why person...
Promulgated on 2005-03-08

646. CA GR SP 86190: Dominador Villanueva, vs. NLRC, et al
Before Us is a Petition for Certiorari under Rule 65 of the 1997 Rules of Civil Procedure filed by petitioner assailing the National Labor Relations Commission s Resolution promulgated on 29 August 2003, which affirmed en toto Labor Arbiter Madjayran H. A...
Promulgated on 2005-03-08

647. CA GR CV 71688: Heirs of Juan Lazaro, et al vs. Juana Opena vda de Marqueses, et al
Before this Court is an ordinary appeal filed by appellants seeking the reversal of the Decision dated 18 June 2001 rendered by Hon. Romeo C. De Leon of the Regional Trial Court, 4th Judicial Region, Branch 35, Calamba City, in Civil Case No. 2366-96-C, t...
Promulgated on 2005-03-08

648. CA GR SP 82022: Rizal Banking Corp. vs. Hon. Judge Floro P. Alejo, et al.
Before Us is a petition for certiorari under Rule 65 of the Rules of Court, with petitioner seeking the nullification of the Orders, dated 15 August 2003 and 01 December 2003,...
Promulgated on 2005-03-08

649. CA GR SP 64058: ERLINDA DUGAYO, et al. vs. NLRC, et al.
THE PETITIONERS HAVE SOUGHT THE RECONSIDERATION OF THE DECISION OF JANUARY 11, 2005 CLAIMING:...
Promulgated on 2005-03-08

650. CA GR CV 82103: LINDA GAMATAN-MU?OZ vs REPUBLIC OF THE PHILIPPINES
For reasons stated in the Motion to Withdraw Appeal filed by the Office of the Solicitor General in behalf of the Republic of the Philippines, the Notice of Appeal dated February 19, 2004 is hereby considered WITHDRAWN....
Promulgated on 2005-03-07

651. CA GR CV 82706: ANGELICA VERTUSO vs SPS. TERESITA AND MARCELINO RIGOR
As reported by the Judicial Records Division, no brief has been filed by appellant within the time provided by the Rules....
Promulgated on 2005-03-07

652. CA GR CV 82916: CRISPIN D. RAMOS vs LAND BANK OF THE PHILIPPINES, et al
In view of the Motion to Withdraw Appeal filed by the Office of the Solicitor General as counsel for third-party defendant-appellant DPWH, its Notice of Appeal dated January 9, 2004 is hereby considered WITHDRAWN....
Promulgated on 2005-03-07

653. CA GR CV 83226: IGNACIA PASCUA, et al vs SPS. GREGORIO PASCUA AND LORETA CORPUZ
As reported by the Judicial Records Division, no brief has been filed by appellant within the time provided by the Rules....
Promulgated on 2005-03-07

654. CA GR CV 78272: Emco Plywood Corp. vs. Phil. Charter Insurance Corp.
On appeal before this Court is the September 2, 2002 Decision of the Regional Trial Court of Makati City, Branch 135, in Civil Case No. 98-2235, which dismissed the plaintiffs-appellants? complaint for damages based on their insurance contracts....
Promulgated on 2005-03-07

655. CA GR CR 00342: People vs. Angelito Tangan
HC -This is an appeal from the Decision of the Regional Trial Court of Tuao, Cagayan, Branch 11, in Criminal Case No. 870-T entitled People of the Philippines v. Angelito Tangan, which found accused-appellant guilty of the crime of Rape...
Promulgated on 2005-03-07

656. CA GR SP 86952: Golden Harmony Textile Corp., Mrs. Elvie Lao vs. NLRC, Nelda Villa-Hermosa
On February 11, 2005, the petitioners filed a Motion to Dismiss their own petition for the reason that the private respondent Nelda Villahermosa has been paid to her full satisfaction Twelve Thousand Pesos (P12,000.00) in consideration of the settleme...
Promulgated on 2005-03-07

657. CA GR CV 78450: Hervil Chemicals Co. vs. Antonio S. Pendot, Sr., et al.
For being a mere rehash of its previous arguments, we deny defendant-appellant Travellers Insurance & Surety Corporation?s motion for reconsideration of this Court?s decision of November 17, 2004 denying its appeal....
Promulgated on 2005-03-07

658. CA GR CV 68905: Jose Quimson, et al vs. Lourdes Quimson, et al
Sought in this appeal is the reversal of the Judgment dated March 22, 19992 in Civil Case No. 93-67821 of Branch 27, Regional Trial Court, Manila, ordering the parties to comply with the project of partition in accordance with the recommendation of the Co...
Promulgated on 2005-03-07

659. CA GR CV 83364: Baluyot vs. Camaya
The right to appeal is neither a natural right nor a part of due process. The party who seeks to avail of the same must comply with the requirements of the rules, failing to do so the right to appeal is lost....
Promulgated on 2005-03-07

660. CA GR SP 85328: Norkis Trading, et al vs. NLRC, et al
Assailed in this petition for certiorari filed under Rule 65 is the Resolution dated March 26, 2004 affirming the Decision dated November 6, 2003 of Labor Arbiter Rolando L. Bobis which declared the petitioners guilty of illegal dismissal and ordering t...
Promulgated on 2005-03-07

661. CA GR SP 64262: Leonor Jacutan Salom vs. Hon. Antonio Pozas, et al
If the defendant refuses to participate in a mediation proceeding before the punong barangay to which she is summoned under the law on the Katarungang Pambarangay, may the punong barangay issue forthwith the certification to file action to the plaintiff...
Promulgated on 2005-03-07

662. CA GR CV 63711: Virgilio Santiago, et al. vs. Goldstreet, Inc., et al.
On appeal by the plaintiffs-appellants is the Decision dated 29 April 1999 of the Regional Trial Court of Legazpi City, Branch 2...
Promulgated on 2005-03-07

663. CA GR SP 66681: Nestor Mendoza vs. Employees' Compensation Commission and S.S.S.
Before this Court is a Petition for Review under Rule 43 of the Rules of Court which seeks to reverse and set aside the Decision of the Employees' Compensation Commission (ECC) dated July 17, 2001 in ECC CASE NO. MS-11724-401....
Promulgated on 2005-03-07

664. CA GR SP 88745: Petition for Habeas Corpus of Mary Jorelyn Espiritu, et al. vs. Reynaldo B. Espiritu
On March 1, 2005, Reynaldo B. Espiritu filed with this Court a verified petition for Habeas Corpus on the ground that his three children Mary Jorelyn, Jermaine Marie and Jazzwyn Mae, aged 16, 14 and 6 year old, respectively, with his wife Jocelyn Menor E...
Promulgated on 2005-03-07

665. CA GR CV 78102: Victoria Gagalac-Alilio vs. Danilo A. Alilio; R.P.
The appellee Victoria Gagalac-Alilio (or Victoria for brevity) filed before the Regional Trial Court in Taal, Batangas a petition for Annulment of Marriage against her husband the respondent Danilo A. Alilio (or Danilo) based on the provisions of Article...
Promulgated on 2005-03-07

666. CA GR SP 63512: Orlando and Carmelita Lambino vs. Judge - RTC Br.172 Valenzuela City, et al
Before this Court is a petition for certiorari, prohibition and mandamus with prayer for the issuance of temporary restraining order and/or writ of preliminary injunction filed under Rule 65 of the Rules of Civil Procedure...
Promulgated on 2005-03-07

667. CA GR SP 88621: Shiela Galang vs. Hon. Angelica Paras-Quiambao
Before this Court is a Petition for certiorari dated 28 January 2005 under Rule 65 of the 1997 Rules of Civil Procedure....
Promulgated on 2005-03-07

668. CA GR CV 60032: American Home Assurance Co. vs. Roble Shipping, Inc.
Before us is an appeal from the Decision of the Regional Trial Court, Branch 150, Makati City, which dismissed the complaint for damages filed by plaintiff-appellant against defendant-appellee....
Promulgated on 2005-03-07

669. CA GR SP 83985: Read-Rite Phils., Inc. vs. NLRC, et al.
Before this court is a petition for certiorari filed under Rule 65 of the Rules on Civil Procedure assailing the Decision dated November 28, 2003 of the public respondent in NLRC CA No. 022802-00...
Promulgated on 2005-03-07

670. CA GR CR 21213: People vs. Fidel Guinolbay
Before us is accused-appellant s Motion For Reconsideration of the Decision dated March 31, 2004 affirming, with modification, the decision dated August 1, 1997 of the Regional Trial Court, Baguio City, Branch 7, finding accused Wilson Vicente and accused...
Promulgated on 2005-03-07

671. CA GR CV 67351: Sadeco International vs. SIDDCOR Insurance Corp
BEFORE US is an appeal from the order of dismissal rendered by Regional Trial Court, Branch 117, Pasay City, in Civil Case No. 97-0099, the dispositive portion of which reads, as follows:...
Promulgated on 2005-03-04

672. CA GR CV 83509: Sps. Antonio Ayat, et al vs. Sps. Fortunato Rico, et al
For failure of the defendants-appellants to file their appellants' brief within the authorized period per report of the Judicial Records Division dated February l8, 2005, the appeal in this case is hereby considered ABANDONED and accordingly DISMISSED...
Promulgated on 2005-03-04

673. CA GR SP 88670: Cap. Bonifacio Acapulco, et al vs. NLRC, et al
This Petition for Certiorari faces outright dismissal on the following grounds:...
Promulgated on 2005-03-04

674. CA GR CR 00477: People vs. Luisito Macabuhay
On appeal is the Decision dated September 9, 2002 of the Regional Trial Court of Santa Cruz, Laguna, Branch 26, in Criminal Cases Nos. SC-8183, SC-8184 and SC-8185 convicting accusedappellant of three (3) counts of simple rape, sentencing him to suffer t...
Promulgated on 2005-03-04

675. CA GR SP 86150: Antonio Perilla, et al vs. NLRC, et al
Assailed in this petition for certiorari filed under Rule 65 is the Resolution dated March 24, 2004 affirming the Decision dated February 28, 2003 of Labor Arbiter Fe Superiaso-Cellan which dismissed the petitioners consolidated complaint for illegal di...
Promulgated on 2005-03-04

676. CA GR CV 79877: Josefa Capco vda. de Estacio vs. R.P.
This is an appeal from the Decision dated June 30, 2003 of the Metropolitan Trial Court of Pateros, Branch 73, National Capital Judicial Region in LRC Case No. 31-98 (LRA Record No. N-70306) granting the application for original registration of land unde...
Promulgated on 2005-03-04

677. CA GR SP 82472: De La Salle University vs. The Hon. Secretary, et al
Before this Court is a petition for certiorari filed pursuant to Rule 65 of the 1997 Rules of Civil Procedure, whereby De La Salle University (herein DLSU) seeks to reverse and set aside the Decision dated November 17, 2003 and the Order dated January 20...
Promulgated on 2005-03-04

678. CA GR CV 82319: Milagros C. Pascual vs. Led Cinema, et al
On September 23, 2004, Atty. Miguel D. Larida, counsel for defendants-appellants received the Notice to File Brief....
Promulgated on 2005-03-04

679. CA GR CV 82612: Cheok Cheong vs. Sps. Santiago Sowy
Per Report of the Judicial Records Division dated 17 February 2005, the appeal is hereby DISMISSED for appellant s failure to file his brief within the reglementary period pursuant to Section 1 (e), Rule 50 of the 1997 Rules of Civil Procedure, as amende...
Promulgated on 2005-03-04

680. CA GR CV 82151: Florencio Panganiban, et al vs.
In a Minute Resolution dated October 25, 2004, defendantsappellants were required to remit the amount of TWENTY PESOS (P20.00) to complete their payment of the docketing fees within ten (10) days from notice, failing in which the petition shall be dismis...
Promulgated on 2005-03-04

681. CA GR SP 84190: Newsound Broadcasting, et al vs. Hon Henedino Eduarte, et al
On July 30, 2004, petitioners filed a Motion to Withdraw Petition on the ground that the same has become moot and academic....
Promulgated on 2005-03-04

682. CA GR CV 83376: Dionisio Manuel vs. Sps. Jerome Lapena
The right to appeal is neither a natural right nor a part of due process.1 The party who seeks to avail of the same must comply with the requirements of the rules, failing to do so the right to appeal is lost....
Promulgated on 2005-03-04

683. CA GR CV 83256: Diane de Leon vs. Milagros Sarreal
Section 1 (e), Rule 50 of the 1997 Rules of Civil Procedure, as amended, provides:...
Promulgated on 2005-03-04

684. CA GR CR 00558: People vs. Teodulo Panti
HC - Where the life of another human being is hanging on the balance, nothing but proof beyond reasonable doubt of every fact necessary to constitute the crime with which the accused is charged must be established for the orresponding penalty thereto to b...
Promulgated on 2005-03-04

685. CA GR SP 81306: Alfredo Bon vs. Virginia Desuyo, et al.
At Bench is a Petition for Review with Prayer for Temporary Restraining Order and Preliminary Injunction assailing the October 24, 2003 Resolution of the Department of Agrarian Reform Adjudication Board (DARAB) in DARAB Case No. 9707...
Promulgated on 2005-03-04

686. CA GR CV 66723: Corazon Miclat- Guison vs Luis Maria Guison II
Before us is the appeal filed by the oppositor-appellant Republic of the Philippines from the decision of the Regional Trial Court of Quezon City in Civil Case No. Q-97-30526. The dispositive portion of this decision reads...
Promulgated on 2005-03-04

687. CA GR CV 68768: Mr. & Mrs. Felipe Reyes vs Santiago "Sonny" Bernardo
We hereby resolve the appeal filed pursuant to Rule 41 of the Rules of Court by the plaintiffs-appellants - Mr. & Mrs. Felipe Reyes (the ?Spouses Reyes? or the ?spouses?) -from the August 22, 2000 Decision of the Regional Trial Court (?RTC?), Branch 23,...
Promulgated on 2005-03-04

688. CA GR SP 83328: Rudy N. Lantano vs. Commissioner of Internal Revenue, et al.
In a minute Resolution dated October 26, 2004, the Court referred the instant case to the Court of Tax Appeals En Banc, as well as respondents' comment thereto, pursuant to the provisions of Republic Act No. 9282....
Promulgated on 2005-03-04

689. CA GR SP 84871: Maximiano & Maria Pacheco vs Hon. Floro P. Alejo
Submitted for our decision is the petition for certiorari by the petitioners Maximiano Pacheco and Maria Pacheco (?petitioners?) who seek to set aside for grave abuse of discretion the inter-related orders issued by Branch 172 of the Regional Trial Court...
Promulgated on 2005-03-04

690. CA GR SP 78738: Judy Bebe vs Renato B. Limpiada
This is a petition for review under Rule 42 of the 1997 Rules of Civil Procedure assailing the June 10, 2003 Decision rendered by Regional Trial Court of Las Pi?as City1 reversing the October 11, 2000 Decision of the Metropolitan Trial Court2 that previou...
Promulgated on 2005-03-04

691. CA GR CV 75963: Vanessa M. Poderoso vs Romer M. Poderoso
Before us is the appeal filed by the oppositor-appellant Republic of the Philippines from the decision of the Regional Trial Court of Cavite City (?RTC?) in Civil Case No. N -7109 declaring the nullity of the marriage of petitioner-appellee Vanessa M. Pod...
Promulgated on 2005-03-04

692. CA GR SP 84449: Conchita Lamboloto vs Social Security System
This is a petition for review of the decision of the Employee's Compensation Commission (ECC) in ECC Case No.SM-16122-0116-04 dated April 29, 2004, affirming the decision of the Social Security System (SSS)...
Promulgated on 2005-03-04

693. CA GR SP 79856: Fernando Fernandez vs Hon. Perfecto E. Pe et.al
This is a petition for certiorari seeking to set aside the Order1 issued by Hon. Perfecto E. Pe of the Regional Trial Court of Palawan and Puerto Princesa City dated April 10, 2003 denying petitioners? Motion to Suppress Evidence, as well as the Order2 d...
Promulgated on 2005-03-04

694. CA GR CR 00523: People vs. Roger Armada
This is an appeal from the Decision dated September 12, 2002 of the Regional Trial Court of Quezon City, National Capital Judicial Region, Branch 98 in Criminal Case No. Q-97-71288 finding the accused Roger Armada guilty beyond reasonable doubt of Murde...
Promulgated on 2005-03-04

695. CA GR CV 71083: Sps. Lino Balagot et.al. vs Alberta Iglesias et.al.
On appeal to Us is the decision of the Regional Trial Court, Branch 41 of Dagupan City, Pangasinan in Civil Case No. 99-02907-D, an action for damages for alleged premature and illegal issuance and implementation of a writ of possession issued by RTC Bra...
Promulgated on 2005-03-04

696. CA GR CR 00566: People vs Tomas Bercasio Y Cuerdo
TOMAS BERCASIO Y CUERDO was found guilty of raping his own stepdaughter and sentenced to suffer the penalty of death by the Regional Trial Court of Tabaco, Albay. He was also ordered to indemnify his victim Rosalyn R. Bercasio in the amount of P50,000.00...
Promulgated on 2005-03-04

697. CA GR SP 83004: Triple Eight Integrated Services, Inc. vs. N.L.R.C., Predelito Dino, et al.
The instant petition is ordered DISMISSED on the ground that the challenged decision had already been satisfied thereby rendering this case moot and academic....
Promulgated on 2005-03-04

698. CA GR SP 82656: Andres Gatchalian, et al. vs. N.L.R.C,, Jennifer Dionisio & Mary Ann Cruz
The decision1 of public respondent National Labor Relations Commission (NLRC) in NLRC NCR CA No. 033245-02, promulgated on 12 August 2003, which stemmed from the consolidated cases NLRC NCRS-30-03-01273-02 and NLRC NCR-S-30-03-01327-02, is being impugned ...
Promulgated on 2005-03-04

699. CA GR SP 88680: Sps. Rene & Evangeline Figueras
A careful scrutiny of the instant petition for review reveals the following infirmities: 1. It is not accompanied by copies of such material portion of the record and other supporting papers...
Promulgated on 2005-03-04

700. CA GR SP 83617: UNIVERSAL STAR PETROLEUM CORP. VS. HON. PIO M. PASIA, ET. AL.
Before us is a petition for prohibition with a prayer for the issuance of a preliminary injunction/temporary restraining order...
Promulgated on 2005-03-04

701. CA GR SP 74109: Capital Guard, et al vs. NLRC, et al.
Before Us for resolution is a motion for reconsideration filed by herein petitioners, seeking reconsideration of Our November 5, 2004 Decision which denied due course to the petition....
Promulgated on 2005-03-04

702. CA GR SP 83325: Memories Entertainment Corporation vs National Labor Relations Commission et. al.
This is a petition for certiorari under Rule 65 of the Revised Rules of Court with prayer for the issuance of a temporary restraining order and to annul and set aside the resolution of the National Labor Relations Commission (NLRC) dated September 8, 2003...
Promulgated on 2005-03-04

703. CA GR CV 73581: Sps. Simeon & Fe Carranza vs. Linda Chan Deocareza
Before us is the appeal filed by appellant Linda Chan Deocareza (Linda) from the Judgment of the Regional Trial Court of Masbate City (the lower court) in the consolidated cases - Civil Case No. 46613 and Civil Case No. 48274....
Promulgated on 2005-03-04

704. CA GR SP 85762: Rosita Estrada Israel vs. Remedios vda. de Estrada, et al
For consideration of this Court is a Petition for Review under Rule 43 of the 1997 Rules of Civil Procedure from the decision of the DARAB in DARAB Case No. 6022 which set aside the decision of the PARAD dated 10 February 1997 (Rollo, pp. 55-56), the dis...
Promulgated on 2005-03-04

705. CA GR CV 83233: JuanDumpit Marzan vs. First Peso Savings, et al
For this Court s resolution is the Manifestation1 filed by defendant appellant Philippine Deposit Insurance Corporation, as Liquidator of First Peso Savings and Loan Association Inc. (La Union Branch), which seeks for the withdrawal of its appeal follow...
Promulgated on 2005-03-03

706. CA GR SP 80643: Bank of the Philippine Islands vs. Hon. Florencio S. Arellano, etc., et al.
In this special civil action for certiorari under Rule 65 of the Revised Rules of Court, petitioner Bank of the Philippine Islands seeks to annul and set aside the orders of the public respondent Presiding Judge of the Regional Trial Court of Sta. Cruz...
Promulgated on 2005-03-03

707. CA GR CV 63665: Rufino Tino et.al. vs Rodolfo Tino
On appeal is the Decision dated February 9, 1999 of the Regional Trial Court of Iriga City in Civil Case No. Ir-2319 entitled RUFINO TINO, RODRIGO TINO, LYDIA TINO-NATO & FE TINO VDA. DE QUIAMBAO vs. RODOLFO TINO for Quieting of Title, Recovery of Owners...
Promulgated on 2005-03-03

708. CA GR CR 25444: Sonny Romero y Dominguez vs People et.al.
Before us is a petition for review filed under Rule 42 of the Rules of Court seeking to set aside the Decision of the Regional Trial Court of Pili, Camarines Sur in Criminal Case No. P-3088. The assailed Decision affirmed in toto the decision dated Novem...
Promulgated on 2005-03-03

709. CA GR CV 78277: Metropolitan Bank & Trust Co. vs. Sps. Wainright & Fem Posis Rivera
For failure to file the required appellants' brief w/in the reglementary period despite due notice, the appeal is declared ABANDONED and hereby DISMISSED pursuant to Section 1(e), Rule 50 of the 1997 Rules of Civil Procedure....
Promulgated on 2005-03-03

710. CA GR CV 81907: SPS. OFELIA GLIPONEO-LOYOLA, et al. vs GLENDA GLIPONEO
This Court NOTES the report of the Judicial Records Division (JRD) dated 13 January 2005 that, as per docket book entry, appellants, despite due notice,1 did not comply with Our 24 November 2004 Resolution requiring them to submit within ten (10) days...
Promulgated on 2005-03-03

711. CA GR SP 78233: HERMELO C. BACANI VS. NLRC, ET. AL.
Assailed in this petition for certiorari is the resolution of the Second Division of the National Labor Relations Commission (NLRC) dated 30 January 2003 which affirmed the decision of Labor Arbiter Jaime Reyno in NLRC-NCR- Case No. 30-08-03531-01...
Promulgated on 2005-03-03

712. CA GR CV 47764: Jesus Roque vs. Ma. Antonia Trinidad
Before this Court on appeal is the Decision dated Sept. 28,1994 issued by the RTC Br.167, Pasig, Metro Mla, in Civil Case No. 56765 for annulment of deed of real estate mortgage, promissory note and Sheriff's Sale...
Promulgated on 2005-03-03

713. CA GR CR 28352: People of the Phils. vs. Christopher Quiambao y Almelon
An appeal from the Decision dated February 24, 2004 of the Regional Trial Court of Tarlac City, Branch 64, convicting the accused Christopher Quiambao y Almelon of the crime of illegal possession of methamphetamine hydrochloride, commonly known by i...
Promulgated on 2005-03-03

714. CA GR SP 88622: Our Lady's Foundation, Inc. vs. Hon. Honesto A. Villamor, et al.
A petition for certiorari, with prayer for a temporary restraining order and/or writ of preliminary injunction, was filed by petitioner seeking to set aside the Order of respondent Judge dated December 2, 2004 in Civil Case No. 5403....
Promulgated on 2005-03-03

715. CA GR SP 57953: Manuel King vs. Hon. Emmanuel Badoy, et al
Before this Court is petitioner s Motion for Reconsideration of the Decision dated January 30, 2004....
Promulgated on 2005-03-03

716. CA GR CR 29012: People vs. Susan Garcia
From the Decision, dated February 24, 2003, of the Regional Trial Court (RTC) of Malolos, Bulacan, Branch 83, rendered in the appealed Criminal Cases Nos. 924-M-2002, 925-M-2002, 926-M-2002 and 927-M-2002, accused appellant Susan Garcia has appealed the c...
Promulgated on 2005-03-03

717. CA GR CV 51606: Reynaldo de Asis, et al vs. Orlando Detiquez, et al
The defendants-spouses Orlando and Marilyn Detiquez have appealed a decision from the Regional Trial Court of Bulacan ordering them to turn over to the plaintiffs-spouses Reynaldo and Daisybelle De Asis one-half of the property that they purchased from ...
Promulgated on 2005-03-03

718. CA GR CV 71260: Meralco Foundation Inc. vs Rolando Pillas et.al.
This is an action for Recovery of Possession of a parcel of land consisting of about 1.5 hectares that had been allegedly occupied and tilled by defendants-appellants since the 1980's. The action is premised on the allegation that the subject property l...
Promulgated on 2005-03-03

719. CA GR CV 65283: Spouses Moises and Marina Arevalo, et al. vs. Concepcion Rodequillo, et al.
Before us is an appeal from the Decision of the Regional Trial Court, Branch 40, Daet, Camarines Norte, which dismissed the complaint for recovery of ownership and possession of the properties owned by the deceased Esteban Arevalo....
Promulgated on 2005-03-03

720. CA GR SP 88151: Felino Pabustan, et al. vs. Hon. Victor C. Fernandez, et al.
On the same day the Court promulgated our Resolution, dated January 31, 2005, denying the petitioners' motion for extension of time to file their petition for certiorari, petitioners posted the instant petition (for certiorari and prohibition)...
Promulgated on 2005-03-03

721. CA GR SP 88641: Peak Manpower Resources vs. The Secretary of DOLE, et al.
The instant petition, which assails the Orders, dated June 10, 2004 and January 21, 2005, of the Secretary of the Department of Labor, was filed as a petition for review under Rule 43 of the 1997 Rules of Civil Procedure....
Promulgated on 2005-03-02

722. CA GR SP 75722: Uni-Gain International vs. Hon. Agnes Reyes-Carpio, et al.
Before us is a petition for certiorari seeking to set aside the Order of respondent Judge dated December 4, 2002 in Civil Case No. 67221, which denied the motion for reconsideration of the Order dated September 17, 2002...
Promulgated on 2005-03-02

723. CA GR CR 27872: People vs. Jerry Dacuya y Balaston
After counsel for the accused and the People submitted and exchanged their respective appellate briefs, the Court, through Division Clerk of Court Atty. Teresita R. Marigomen, received a letter (p. 100, Rollo) from accused Jerry Dacuya, under which he ex...
Promulgated on 2005-03-02

724. CA GR CV 73469: Yulina Padilla vs. BLTB, et. al
The records show that the appellants BLTB Company, its manager Dolores Potenciano and company driver Rodolfo Matencio have not filed any brief within the periods granted them, as reported by the Judicial Records Division. Pursuant to Section 1 (e), Rule...
Promulgated on 2005-03-02

725. CA GR SP 88692: Leader Security et al vs. Sec. Patricia Sto. Tomas
Wenceslao Ferrera the person executing the certification of nonforum shopping on behalf of the petitioner Leader Security Agency and General Services Inc., has not presented any board resolution of the corporation authorizing him to execute the certific...
Promulgated on 2005-03-02

726. CA GR SP 70032: CARMELO T. AYSON VS. (First Division), NORITAKE CO. LTD, PHIL., ET AL.
This Petition for Certiorari filed under Rule 65 of the 1997 Rules on Civil Procedure assails the Resolution dated June 29, 2001 and the Order dated January 30, 2002, both of the Public Respondent National Labor Relations Commission in NLRC NCR Case N...
Promulgated on 2005-03-01

727. CA GR SP 80728: Sps. Mauro Manahan & Olivia Castro vs. Romeo Fajardo
Before us is the Motion for Reconsideration filed by the counsel for petitioners w/ respect to Our Jan. 30, 2004 Resolution w/c Dismissed the Petition for Review due to the infirmities cited therein....
Promulgated on 2005-03-01

728. CA GR SP 88248: Sps. Eliseo and Alicia E. Naguit vs. Hon. Reynaldo B. Daway, et al.
In view of the counsel for the petitioners? sincere apology that the required three (3) material dates were not stated in the sub-title of Statement of Material Dates or Timeliness of the Petition for this court?s easy reference but were placed in the bo...
Promulgated on 2005-03-01

729. CA GR SP 85309: Westmont Bank, vs. Hon. Demetrio Macapagal, et al
Before this Court is a Petition for Certiorari dated 04 August 2004 under Rule 65 of the 1997 Revised Rules of Civil Procedure with prayer for issuance of a temporary restraining order and/or writ of preliminary injunction assailing the Resolution dated...
Promulgated on 2005-03-01

730. CA GR CR 26391: People vs. Rebecca Obera y Tante, et al.
The JRD report that, despite the extension granted, Atty. Tapiengco did not file the required explanation in behalf of appellant Rebecca Obrera pursuant to this Court's September 2, 2002 is duly NOTED....
Promulgated on 2005-03-01

731. CA GR SP 81927: Luciana REcato-Sy, et al vs. Lilibeth Gumtang, et al
Before Us is a Petition for Review under Rule 42 of the Revised Rules of Civil Procedure of the Decision dated 13 January 2004 rendered by Hon. Edwin C. Ma-Alat of the Regional Trial Court, 5th Judicial Region, Branch 12, Ligao City in Civil Case No. 2282...
Promulgated on 2005-03-01

732. CA GR SP 80675: Commissioner of Internal Revenue vs. Fortune Tobacco Corp.
Before this Court are the following pleadings filed by the petitioner: (1) motion for leave to file Reply; (2) motion for extension of time to file Reply; (3) motion to admit Reply to Opposition; and (4) motion for reconsideration of Our consolidated Deci...
Promulgated on 2005-03-01




Copyright © 2006 - 2013 Court of Appeals Website
Designed, developed and maintained by the MIS Division


Make fonts bigger. Make fonts smaller. Return fonts to normal size. Open printer friendly version of this document.