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Promulgated Decisions and Resolutions
for April, 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 SP 81564: EXPRESS TELECOMMUNICATIONS CO., INC.vs NLRC, et al
This is a petition for certiorari and prohibition seeking the nullity of the Decision dated February 26, 2003 rendered by the National Labor Relations Commission (NLRC), the dispositive portion of which reads:...
Promulgated on 2005-04-29

2. CA GR CR 29176: Joseph Panes vs People, et al.
The instant Petition for Review is not accompanied by certified true copies of the assailed December 29, 2004 Decision and February 22, 2005 Order of the RTC, in violation of Section 2(d), Rule 42 of the 1997 Rules of Civil Procedure. In addition, copies...
Promulgated on 2005-04-29

3. CA GR SP 73243: Milestone Farms, Inc. vs Office of the Pres.
This is a Petition for Review from the Resolution of the Office of the President dated September 16, 2002 which declared 74.0646 hectares of petitioner-appellant's 316.0422 hectare-land to be covered by Republic Act No. 6657, otherwise known as the Compr...
Promulgated on 2005-04-29

4. CA GR SP 86935: Gina Bulong vs Hon. Charles Aguilar, et al.
In computing a period, the first day shall be excluded, and the last day included....
Promulgated on 2005-04-29

5. CA GR SP 88890: Sps. Abelardo Bartolome, et al. vs Rural Bank of Bustos
In Our resolution, dated March 8, 2005, petitioners were given an extension of 15 days from January 27, 2005, or until February 11, 2005, within which to file their petition. However, records show that their petition was filed only on February 18, 2005...
Promulgated on 2005-04-29

6. CA GR SP 89275: Sa;vador Aquiapao, et al. vs The Prov'l Gov't of Benguet
The instant petition is not accompanied by the following pleadings and documents necessary to support the allegations in the petition, in violation of Section 1, Rule 65 of the 1997 Rules on Civil Procedure:...
Promulgated on 2005-04-29

7. CA GR SP 87208: Victor Jacinto vs Hon. Raul Villanueva, et al.
This Petition for Certiorari under Rule 65 with prayer for the issuance of a temporary restraining order and/or writ of preliminary injunction seeks to annul the twin Orders of the Regional Trial Court (RTC) of Las Pinas City, dated August 24, 20041 and...
Promulgated on 2005-04-29

8. CA GR SP 82719: Narciso Villanueva vs SSS
Disability should be understood less on its medical significance than on the loss of earning capacity. Permanent total disability means disablement of an employee to earn wages in the same kind of work, or work of similar nature that he was trained for o...
Promulgated on 2005-04-29

9. CA GR SP 48600: Primo Eustaquio, et al. vs Corazon Bernardo
This is a Petition for Review assailing the Order dated July 7, 1998 of the Regional Trial Court of Quezon City, Branch 80, in Civil Case Q-97-32900, which dismissed petitioners' appeal from the Decision dated September 26, 1997 of the Metropolitan Trial...
Promulgated on 2005-04-29

10. CA GR SP P88779: DR. DIOSDADO SALCEDO vs. RAFAEL DEBATIAN and DAVID MACEDA
The submission of petitioner?s compliance with the Resolution dated April 4, 2005 is NOTED. Without necessarily giving due course to the Petition for Review, the Court hereby directs the respondents to file their Comment, not a motion to dismiss, with...
Promulgated on 2005-04-29

11. CA GR CV 74526: Sps. Joselito & Cecileen Guinto vs Eugenia Hortaleza
A declaration against interest is the best evidence which affords the greatest certainty of the facts in dispute....
Promulgated on 2005-04-29

12. CA GR CR 00229: People vs Orlando Dorado y Alvaro
We are tasked by the Supreme Court to review the Decision dated June 19, 2003 of the Regional Trial Court (RTC) of Quezon City, Branch 106, in Criminal Case Nos.Q-00-94035-39, finding accused-appellant Orlando Dorado y Alvaro guilty beyond reasonable dou...
Promulgated on 2005-04-29

13. CA GR SP 79720: MESSRS. JESS KIOK, et al. vs. MARTINEZ LEYBA, INC.
This Court after going over petitioners? Motion for Reconsideration and the comment of the respondent thereto, finds that there is no new matters or arguments set forth in this instant motion which have not been passed upon and considered by this Court w...
Promulgated on 2005-04-29

14. CA GR SP 89271: Romulo and Teresa Dagdag vs. Dept. of Agrarian Reform Adjudication Board, et al.
Before this Court is a petition for certiorari which seeks to annul and set aside the Decision1 dated December 28, 2004 of the Department of Agrarian Reform Adjudication Board (DARAB) in DARAB Case No. 7787...
Promulgated on 2005-04-29

15. CA GR CR 27338: People vs Geraldine de Ocampo
The right to appeal is not a natural right or a part of due process, it is purely statutory privilege, and may be exercised only in the manner and in accordance with the provisions of law. Thus, an appeal may be dismissed by the Court of Appeals if the ap...
Promulgated on 2005-04-29

16. CA GR SP 84651: ALICIA P. LEGASPI vs KC FINANCE LENDING INVESTOR, et al
Before Us is an appeal of the Decision of the Regional Trial Court, Branch 25, Cabanatuan City dated December 8, 2003 in Special Civil Action No. 4604-AF granting petitioner-appellee's petition for certiorari, the dispositive portion of which reads:...
Promulgated on 2005-04-29

17. CA GR CV 71016: Manila Electric Co. vs. Iluminada Vda. Obleada-Caliwara, et al.
Before this court is an appeal from the Order of expropriation1 dated 29 January 1999 and the Order2 dated 31 August 1999 denying the Motion for Reconsideration of appellants issued by the Regional Trial Court, Fourth Judicial Region, Branch 64 of Mauban,...
Promulgated on 2005-04-29

18. CA GR SP 54087: Jose M. Borero, Sr. vs. NLRC, Varorient Shipping Co., et al
Before this Court is a petition for certiorari under Rule 65 of the Rules of Court which seeks to annul and set aside the Decision dated March 30, 1999 issued by the National Labor Relations Commission, Third Division,...
Promulgated on 2005-04-29

19. CA GR SP 85114: Equitable Savings Bank vs. Hon. Ma. Luisa C. Quijano-Padilla, et al.
This is a petition for certiorari under Rule 65 of the 1997 Rules of Civil Procedure, which seeks to annul and set aside the following Orders issued by public respondent Hon. Ma. Luisa C. Quijano-Padilla in Civil Case No. Q-03- 51185...
Promulgated on 2005-04-29

20. CA GR SP 60591: Solid Builders, Inc. vs. Carlota S. Aspiras
Before this Court is a Petition for Review under Rule 43 of the Rules of Court of the decision of the Office of the President dated August 11, 2000 in O.P. Case No. 5736. The assailed decision rendered in favor of respondent Carlota Aspiras...
Promulgated on 2005-04-29

21. CA GR SP 56393: Valley Resort Corp., et al. vs. Securities and Exchange Commission, et al.
Before this Court is a Petition for Certiorari which seeks to annul and set aside the Resolution dated July 21, 1998 issued by the Securities and Exchange Commission (SEC) in SEC-AC-unnumbered...
Promulgated on 2005-04-29

22. CA GR SP 85100: Benguet Electric Coop., Inc., et al. vs. NLRC, et al.
Before this Court is a Petition for Certiorari dated 10 July 2004 filed under Rule 65 of the 1997 Revised Rules of Civil Procedure assailing the Decision dated 28 November 2003 and Resolution dated 29 April 2004 of the National Labor Relations Commissi...
Promulgated on 2005-04-29

23. CA GR SP 70600: Commissioner of Internal Revenue vs. Manila Bankers's Life Insurance Corp.
In this appeal by Petition for Review, the April 4, 2002 Decision of the Court of Tax Appeals (CTA) is assailed on the ground that it erred in ordering the cancellation and withdrawal of Assessment Notice No. ST-DST2-97-0054-2000 dated January 4, 2000 ag...
Promulgated on 2005-04-29

24. CA GR CV 80285: JAMES LINGAD VS GREGORIO R. VIGILAR SEC. OF DPWH ET AL
On appeal by defendants Gregorio Vigilar, Secretary of the Department of Public Works and Highways, Teodoro E. Encarnacion, Edmundo V. Mir, Joel L. Altea, Felix A. Desierto, Angelito Twa?o, Leonardo Magtoto, Wilfredo Alvaro, Romeo N. Supan, Victorino C....
Promulgated on 2005-04-29

25. CA GR CR 29163: Modesto Delos Reyes vs. People of the Phils, Rosemarie Apolinar-Gonzago
Before Us is a Petition for Review under Rule 42 of the Rules of Court which seeks to annul and set aside the Decision dated Sept 29, 2004 of the Regional Trial Court (RTC) of Pasay City, Branch 112, in Criminal Case No. 04-0057-CFM,...
Promulgated on 2005-04-29

26. CA GR CV 77752: Protective National Guard vs. Ley Construction
This is an appeal from the Decision dated August 26, 2002 of the Regional Trial Court of Makati City, Branch 66....
Promulgated on 2005-04-29

27. CA GR CV 57015: HIERS OF MARCELINA FLORES-OCAMPO VS. PROVINCIAL ENVIRONMENT AND NATURAL RESOURCES, ET. AL.
Appealed before Us is the Decision of the Regional Trial Court of Dagupan City, Br. 41...
Promulgated on 2005-04-29

28. CA GR CV 59339: Spouses Allan and Marilou Legasto vs. Spouses Baby and Dino Perez
On November 20, 1990 Bagong Silang Powerline Vendors Association, Inc. awarded to appellants, per Pagbibigay ng Karapatan Kalakip ang Pagbabalikat ng Tungkulin (or "Pagbibigay"), fish stall no. 1 (or "subject stall") in its Bagong Silang Powerline Market...
Promulgated on 2005-04-29

29. CA GR CV 55995: FILEMON S. VILLASENOR vs. TRITRAN, INC.,
The hazards of modern transportation demand extraordinary diligence. Under the new Civil Code, instead of being required to exercise mere ordinary diligence, a common carrier is exhorted to carry the passengers safely as far as human care and foresight...
Promulgated on 2005-04-29

30. CA GR SP 80030: Felomino Casco vs. GSIS (Dept. of Education, Culture & Sports)
This is a petition for review under Rule 43 of the 1997 Rules of Civil Procedure seeking to annul and set aside the March 26, 2003 Decision of the Employees' Compensation Commission (ECC) which affirmed the decision of the Government Service Insurance...
Promulgated on 2005-04-29

31. CA GR SP 80760: New Int'l. Steel Mfg. Corp., Eusebio Chua vs. NLRC, Joseph Valentin, et al.
Before us is a petition for certiorari seeking the nullification and reversal of the July 10, 2003 Decision of the National Labor Relations Commission (NLRC), in NLRC NCR No. 00-08-04762-96/NLRC NCR CA No. 015804-98 affirming the Labor Arbiter's Septem...
Promulgated on 2005-04-29

32. CA GR SP 80896: Nierra N. Odal vs. NLRC, RK Franchise Consultancy, Rudolf Kotik, Margarita Nucua
This petition for certiorari seeks the nullification and setting aside of the July 21, 2003 resolution of the National Labor Relations Commission (NLRC) in NLRC NCR Case No. 00-08-04483-2000/NLRC CA Case No. 033880-03, citing grave abuse of discretion...
Promulgated on 2005-04-29

33. CA GR SP 81430: S.A. Goldon Phils. Corp. vs. NLRC, CAR Labor Arbiter Rolando D. Gambito, Vernon T. Maurera
This is a petition for certiorari assailing as null and void for having been issued with grave abuse of discretion the July 14, 2003 Resolution of the National Labor Relations Commission (NLRC) in NLRC NCR CA NO. 032628-02, affirming en toto the June 7...
Promulgated on 2005-04-29

34. CA GR SP 73258: Julieta Agda vs. Emmanuel Jingco et al
In this petition for review under Rule 42 of the Rules of Court, petitioner assails the 07 February 2002 Decision of Branch 83 of the Regional Trial Court of Quezon City (RTC) in Appealed Case No. Q-01-45380, affirming the 23 May 2001 Decision of Branch 3...
Promulgated on 2005-04-29

35. CA GR CV 76182: Rowena Bautista-Rizalado vs. Fedinand E. Rizalado; R.P.
Before the Regional Trial Court of Quezon City (Branch 94) was an action for declaration of nullity of marriage filed by Rowena Bautista-Rizalado (or "petitioner") against Ferdinand E. Rizalado (or "respondent")....
Promulgated on 2005-04-29

36. CA GR SP 76448: Benjamin Limcaco, et al. vs. Romiel Corp. (Jose Angelo Rodiguez)
Before the Metropolitan Trial Court (or "MeTC") of Quezon City (Branch 37) was an action for forcible entry involving a parcel of land (or "property") located at corner Dapitan and D. Tuazon Streets, Brgy. Lourdes, Quezon City...
Promulgated on 2005-04-29

37. CA GR SP 83681: Antonio Balcita vs. Urdaneta City RTC Judge Joven Costales, Dominador Madriaga, Alfred Corpuz, et al
This is a petition for review assailing the March 18, 2004 Decision of the Regional Trial Court (RTC) of Urdaneta City, Branch 45, in Civil Case No. U-7921, which reversed the August 29, 2003 Decision of the 7th Municipal Circuit Trial Court (MCTC) of...
Promulgated on 2005-04-29

38. CA GR CR 00015: People vs. Jaime Tipones y Verdadero
Before Us is an appeal from the August 28, 2000 Decision of the Regional Trial Court (RTC) of Naga City - Branch 25 in Criminal Case No. RTC'99-7470, the dispositive portion of which reads: "WHEREFORE, in view of the foregoing findings that the prosec...
Promulgated on 2005-04-29

39. CA GR SP 83476: PLDT vs. NLRC, Evelyn Alejandro
Before Us is a petition for certiorari seeking to annul and set aside the Decision of the National Labor Relations Commission (NLRC), Third Division, dated November 28, 2003 and its Resolution dated January 28, 2004, affirming with modification...
Promulgated on 2005-04-29

40. CA GR CV 69439: Francisco B. Benebese vs. Celedonio Binauhan, Angelita Mendoza, Rufo Mendoza, Flaviana Mendoza
This is an appeal interposed by appellant Francisco B. Benebese from the Order dated 26 February 1999 rendered by the Regional Trial Court of Naic, Cavite, Branch 15, in Civil Case No. NL- 477 for Specific Performance and Damages,...
Promulgated on 2005-04-29

41. CA GR CV 68512: Allan L. Brotamonte vs. Republic of the Phils.
This is an appeal interposed by appellant Allan L. Brotamonte from the Order dated 19 June 2000 rendered by the Regional Trial Court of Pasay City, Branch 109, in Sp. Proc. No. 00-0018, "In Re: In the Matter of the Change of Name Allan Loria to Allan L...
Promulgated on 2005-04-29

42. CA GR CV 83294: AGROFACTORS CORP. vs TICO INSURANCE CORP., ET.
Per report of the Judicial Records Division, no brief has been filed by appellants within the time provided by the Rules....
Promulgated on 2005-04-29

43. CA GR CV 83243: THE HEIRS OF CANUTO CALATAN vs SPS. FELICITO GANABA AND TERESA GANABA,
Per report of the Judicial Records Division, no brief has been filed by appellant within the time provided by the Rules....
Promulgated on 2005-04-29

44. CA GR CV 61955: RODOLFO D. MATEO VS. CITIBANK N.A., ET AL.
This is an appeal filed by defendants-appellants Citibank N.A. and Federal Phoenix Assurance Co., assailing the Decision dated December 17, 1998 rendered by the Regional Trial Court of Manila, Branch 34...
Promulgated on 2005-04-29

45. CA GR SP 70876: ATTY. FERMIN N. OFILAS VS. HON. HERNANI PEREZ, ET AL.
Before Us is a Petition for Certiorari and Prohibition under Rule 65 of the 1997 Rules of Civil Procedure seeking to annul and set aside the Resolutions of public respondent Secretary of Justice...
Promulgated on 2005-04-29

46. CA GR SP 77655: BPI vs. Commissioner of Internal Revenue
This petition for review pursuant to Rule 43 of the Revised Rules of Court assails the Decision dated March 12, 2003 of the Court of Tax Appeals, which denied the claim for tax refund of the petitioner in the amount of Thirty Three Million Nine Hundred Fo...
Promulgated on 2005-04-29

47. CA GR SP 84215: Kaisahan at Kapatiran, et al vs. NLRC, 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 Decision dated December 19, 2003 rendered by public respondent National Labor Relations Commission which modified the Decision dated A...
Promulgated on 2005-04-29

48. CA GR CR 28371: Peple vs. Leonardo Madriaga
This is an appeal from the decision rendered by the Regional Trial Court of Legazpi City (Branch 2) dated February 11, 2004 convicting herein accused appellant Leonardo Madriaga of frustrated murder....
Promulgated on 2005-04-29

49. CA GR CR 00202: People vs. Ramon Canales
HC - Referred to us by the Supreme Court for intermediate review is an appeal from the decision rendered by the Regional Trial Court of Libmanan, Camarines Sur convicting herein accused-appellant Ramon Canales of rape as penalized under Article 335 of the...
Promulgated on 2005-04-29

50. CA GR CV 62583: Virgilio Regalario, et al. vs. Pasig City Mayor Vicente Eusebio
Before the Regional Trial Court of Pasig City (Branch 266) was an action for specific performance involving 26 parcels of land (or "subject lots") with areas ranging from 36 to 55 square meters and located at Bgy. Pinagbuhatan, Iluguin, Pasig City....
Promulgated on 2005-04-29

51. CA GR CV 78191: PABLO B. ROMAN, JR. vs INTERPORT RESOURCES CORPORATION, ET AL.
This is an appeal filed by appellant from the decision dated October 28, 2002 of the Regional Trial Court, Branch 158, Pasig City, in Civil Case No. 68508, the dispositive portion of which reads as follows:...
Promulgated on 2005-04-29

52. CA GR CV 69173: Maxima S. Javier vs. Republic of the Philippines
Before the Municipal Trial Court of Taytay, Rizal was an application for registration of three parcels of land, denominated as Lots 18550-B, 18550-D and 18550-E (or “subject lots”) of the Cainta-Taytay Cadastre,...
Promulgated on 2005-04-29

53. CA GR CV 82680: BANK OF THE PHILIPPINE ISLANDS, vs USA GENERICS PHARMA, INC.,ET AL.,
Per report of the Judicial Records Division, no brief has been filed by appellants-spouses within the time provided by the Rules....
Promulgated on 2005-04-29

54. CA GR CV 83175: PLANTERS PRODUCTS, INC., vs LA UNION FEDERATION OF MULTI-PURPOSE COOP., INC.,ET. AL.,
Per report of the Judicial Records Division, no brief has been filed by appellant within the time provided by the Rules....
Promulgated on 2005-04-29

55. CA GR CV 83205: SPS. AURELIANA LAROCO AND ESTEBAN LAROCO vs ROGER TOLINGAN AND ATTY. GUERRERO FELIPE,
Per report of the Judicial Records Division, no brief has been filed by both appellants within the time provided by the Rules....
Promulgated on 2005-04-29

56. CA GR CV 70063: Angelita G. Agnad vs. Sps. Elizabeth & Johnny Kitongan, Pedro Agnad, et al.
This is an appeal interposed by appellant Angelita G. Agnad from the Judgment dated 1 December 2000 rendered by the Regional Trial Court of Bontoc, Mt. Province, Branch 36, in Civil Case No. 973 for Annulment of Document and Reconveyance with...
Promulgated on 2005-04-29

57. CA GR SP 85159: Jesus P. Quiambao, et al vs. NLRC and Cabalen Management Co., Inc., et al
The instant petition for certiorari under Rule 65 seeks the reversal of the Resolution of September 30, 2003 of public respondent National Labor Relations Commission (NLRC) dismissing the appeal of petitioners;...
Promulgated on 2005-04-29

58. CA GR SP 85345: Sps. Benedicto Garcia, et al vs. Judge of RTC-Manila Branch9, et al.
We have carefully reviewed and appreciated petitioners' arguments in seeking a reconsideration of Our February 16, 2005 Decision dismissing the petition but sadly, We find no compelling reason to grant the same....
Promulgated on 2005-04-29

59. CA GR SP 84012: spouses Rolando and Corazon Iligan, et al vs. Alegrio Solicito, et al
In line with the ruling of the Supreme Court in the cases of Vda. De Manalo vs. Court of Appeals (349 SCRA 135 [2001]) and Almuete vs. Andres (369 SCRA 619 [2001]) and the fact that petitioners' substantially alleged that the lower courts committed......
Promulgated on 2005-04-29

60. CA GR CR 28530: People vs Ludovico Datario Y Bravo
WE review on appeal a Decision of the Regional Trial Court in Urdaneta, Pangasinan convicting accused-appellant Ludovico Datario y Bravo of frustrated homicide and sentencing him to suffer an indeterminate penalty of two (2) years and four (4) months of...
Promulgated on 2005-04-29

61. CA GR SP 81179: Holy Rosary Parochial Institute, et al vs. NLRC and Nora V. Latoga
Is the payroll reinstatement sanctioned under Article 223 of the Labor Code subject to reimbursement if the decision of the Labor Arbiter finding illegal dismissal was reversed by the National Labor Relations Commission?...
Promulgated on 2005-04-29

62. CA GR CR 24092: People vs. Belen Santos, et al.
Before the Court is an appeal from the Decision dated January 21, 2000 of Branch 20, Regional Trial Court, Malolos, Bulacan in twenty one (21) criminal cases, finding accused-appellant Belen Santos guilty beyond reasonable doubt of the crime of estafa thr...
Promulgated on 2005-04-29

63. CA GR SP 81259: Diane de Leon vs. Milagros E. Sarreal
This petition for review under Rule 42 of the Rules of Court seeks to set aside the decision of the Regional Trial Court of Marikina City, Branch 192 in SCA Case No. 2003-490-MK which reversed the decision of the Metropolitan Trial Court, Branch 76...
Promulgated on 2005-04-29

64. CA GR CV 60508: RIZALINO T. MARTINEZ, ET. AL. VS. MICHAEL T. VELASCO, ET. AL
Before Us is an appeal assailing the propriety of the August 26, 1998 Order1 of the Regional Trial Court (RTC), Branch 111 of Pasay City...
Promulgated on 2005-04-29

65. CA GR CV 65555: Alfredo M. Perez vs. Manila Electric Co.
This is an appeal from the Decision dated July 30, 19992 in Civil Case No. 64834 of Branch 154, Regional Trial Court, Pasig City granting the complaint for injunction and enjoining defendant appellant Manila Electric Company (MERALCO) from disconnecting ...
Promulgated on 2005-04-29

66. CA GR CV 60514: Oseas C. Pilar vs. Venustiano T. Tabora
Before the Court is an appeal from the Decision dated April 1, 1996 in Civil Case No. 92-3751 of Branch 137, Regional Trial Court (RTC), Makati City involving a complaint for rescission of contract and damages...
Promulgated on 2005-04-29

67. CA GR CR 27837: People vs. Faustino M. Santos
Accused-appellant Faustino M. Santos and private complainant Amelia de Leon had lived together as husband and wife since 1979, when they got married on March 22, 1985 before Judge Jaime N. Salazar of the Metropolitan Trial Court, Quezon City....
Promulgated on 2005-04-29

68. CA GR SP 81781: RJE Enterprises Workers Union, et al.vs. NLRC, et al.
Assailed in the present petition for certiorari2 under Rule 65, 1997 Rules of Civil Procedure are the: (i) Resolution dated August 27, 2003,3 of public respondent National Labor Relations Commission (Third Division) in NLRC NCR CA No. 032719-02...
Promulgated on 2005-04-29

69. CA GR CV 64915: NCR Construction Supply, Inc. vs. Kanlaon Construction Ent. Co., et al.
This is an appeal from the Decision dated June 21, 1999 of Branch 62, Regional Trial Court (RTC), Angeles City in Civil Case No. 7608, granting the complaint for collection of a sum of money filed by plaintiff-appellee NCR Construction Supply, Incorporate...
Promulgated on 2005-04-29

70. CA GR CV 68072: Consuelo Valdez Laya vs. Edwin Joseph C. Valdez
Before Us on appeal is the Decision dated June 19, 2000 of the Regional Trial Court (RTC) of Quezon City, Branch 81, in Special Proceedings No. Q-97-30899 allowing the probate of the holographic will of the deceased Amor Villanueva Valdez....
Promulgated on 2005-04-29

71. CA GR CV 77523: Anacleto and Pedro Villa vs. Loley G. Rollan
Before Us for resolution is a Decision (dated January 26, 2002) of the Regional Trial Court (Branch 22) in Cabagan, Isabela, in Civil Case No. 22-923....
Promulgated on 2005-04-29

72. CA GR SP 84859: Florencio Perdiguera Lazarte vs. Wally Pambuan
Before Us for resolution is a Petition for Review (dated July 16, 2004) filed by Florencio Perdiguera Lazarte (pages 02-21 of the Rollo), on the Decision (dated June 07, 2004) of the Regional Trial Court (Branch 27) in Santa Cruz, Laguna--...
Promulgated on 2005-04-29

73. CA GR SP 84484: Skippers United Pacific, Inc, et al vs. NLRC and Emilio Diongson
This is a Petition for Certiorari under Rule 65 of the 1997 Rules of Civil Procedure seeking the nullification of the January 30, 2004 and March 31, 2004 Resolutions of herein public respondent, which respectively dismissed petitioners' appeal and ......
Promulgated on 2005-04-29

74. CA GR CR 00319: People vs. Norberto Astrologo y De Dios
For review under A.M. No. 00-5-03-SC dated October 15, 2004 is the March 10, 2003 Decision of the Regional Trial Court of Quezon City, Branch 102 in Criminal Case No. QC-00-89343, the decretal portion reads --...
Promulgated on 2005-04-29

75. CA GR CR 00055: People vs. Aries Galang y Rodriguez
For review under A.M. No. 00-5-03-SC dated October 15, 2004 is the August 7, 2000 Decision of the Regional Trial Court of Malabon, Metro Manila, Branch 170 in Criminal Case Nos. 18428-MN to 18435-MN....
Promulgated on 2005-04-29

76. CA GR SP 80973: Vivian Ranario, et al vs. Career Philippine Shipmanagement., Inc., et al
In this Petition for Certiorari under Rule 65 of the 1997 Rules of Civil Procedure, petitioner seeks the reversal and setting aside of the Decision of the NLRC as well as its Resolution, which denied their Motion for Reconsideration thereto,...
Promulgated on 2005-04-29

77. CA GR SP 62992: GLOBELEGANCE B.V. VS. HON. ESTRELLITA BELTRAN-ABELARDO, ET.AL.
Before Us is a Petition for Certiorari and Prohibition with prayer for the issuance of a writ of preliminary injunction seeking to nullify and set aside the Order No. 99-49...
Promulgated on 2005-04-29

78. CA GR SP 68482: Mario Rapal vs. Bienvenido C. Barrientos
In this Petition for Review under Rule 42 of the 1997 Rules of Civil Procedure, petitioner seeks the setting aside of the Decision and the Order of the Regional Trial Court, Branch 92, Quezon City...
Promulgated on 2005-04-29

79. CA GR SP 78565: Jenny B. Delisen vs. Ciriaco A. Lagunzad III, et al
At bar is a petition for certiorari under Rule 65 of the 1997 Rules of Civil Procedure with prayer for the issuance of a Temporary Restraining Order and/or Writ of Preliminary Injunction to annul the Orders dated January 27, 2003 and July 29, 2003...
Promulgated on 2005-04-29

80. CA GR CV 82356: Wing An Construction & Devl't. Corp. vs. Emirates Cranes Enterprises
Before Us for resolution is an Order (dated January 12, 2004) of the Regional Trial Court (Branch 151) in Pasig City, in Civil Case No. 68889....
Promulgated on 2005-04-29

81. CA GR CV 80288: Dionisio A. Directo vs. R.P.
Originally filed on January 08, 1996 by Dionisio A. Directo, was the present Petition for Application for Original Registration of Title, praying among others, that after notice and hearing, the parcels of land under Lot 1, 2, and Lot 5, PcadM 496-D,...
Promulgated on 2005-04-29

82. CA GR CV 79933: Dominador M. Pernes, et al vs. Cirilo O. Gumisad, et al
Before Us on review is a Decision (dated March 14, 2003) of the Regional Trial Court (Branch 275), Las Pinas City in Civil Case No. 93-3372....
Promulgated on 2005-04-29

83. CA GR CV 79126: Interphil Laboratories, Inc. vs. Far East Bank & Trust Co., et al
Before Us for resolution is a Decision (dated April 30, 2003) of the Regional Trial Court (Branch 144) in Makati City in Civil Case No. 3578 (recovery of a sum of money, indemnification of damages and attorney's fees)....
Promulgated on 2005-04-29

84. CA GR CV 63562: Marketmix Phils.Enterprises, Inc., et al. vs. Jovita V. Mariano
Assailed in this appeal is the Decision dated May 12, 19982 in Civil Case No. Q-95-25921 of Branch 105, Regional Trial Court, Quezon City dismissing the complaint for damages...
Promulgated on 2005-04-29

85. CA GR CV 61585: Capitol Resources Corp. vs. The Imperial Insurance Co., et al.
Assailed in this appeal is the Decision dated September 15, 19982 in Civil Case No. 65083 of Branch 267, Regional Trial Court, Pasig City,...
Promulgated on 2005-04-29

86. CA GR CV 69842: National Power Corp. vs. Heirs of Marcelino P. Soriano
For this Court to resolve are the defendant-appellees Motion for Reconsideration of the 07 November 2003 decision and plaintiff-appellant s Comment thereto, pursuant to the Resolution dated 08 February 2005...
Promulgated on 2005-04-29

87. CA GR CV 69636: Dr. David De Guzman vs. Paulo M. Gatlabayan
On appeal is the order of the Regional Trial Court of Antipolo City, Branch 73, which dismissed the action for recovery of personal property filed by the plaintiff-appellant against the defendant-appellee,...
Promulgated on 2005-04-29

88. CA GR CV 70076: Antonio Gonzales, etc. vs. Republic of the Philippines
In this appeal, the Office of the Solicitor General, representing the Republic of the Philippines, seeks to reverse and set aside the order dated October 26, 20001 of the Regional Trial Court of Malolos, Bulacan, Branch 82 in LRC Case No. P-411-98, gr...
Promulgated on 2005-04-29

89. CA GR CR 00141: People vs. Hadji Basser Usop, et al.
Criminal Informations were filed against the appellants Hadji Basser Usop y Indan @ Butch (or hereafter Usop) and Esmael Udal y Makabangin (or Udal) before the Regional Trial Court in Manila....
Promulgated on 2005-04-29

90. CA GR CV 71991: Sps. Larry and Engelberta Festa vs. Lambert Lending Investors, Inc.
This refers to the plaintiff-appellants Motion for Reconsideration filed on 12 April 2004, seeking for the reconsideration of the Decision dated 27 February 2004...
Promulgated on 2005-04-29

91. CA GR CR 00166: PEOPLE OF THE PHILIPPINES vs. EDITH RAMOS ABAT
HC - This is an appeal interposed by Edith Ramos Abat (hereafter appellant), from the Decision dated May 31, 2002, rendered by the Regional Trial Court of Dagupan City, Branch 42, finding appellant guilty and acquitting her co-accused Reynaldo Sinoy (here...
Promulgated on 2005-04-29

92. CA GR SP 81297: HONDA TRADING PHILIPPINES CORP. vs. COMMISSIONER OF INTERNAL REVENUE
This is a Motion for Reconsideration filed by Honda Trading Philippines Corporation (hereafter petitioner) of this Court?s Decision dated October 15, 2004, the dispositive portion of which reads as follows:...
Promulgated on 2005-04-29

93. CA GR SP 80146: Unyon ng Mandaragat ng Sulpicio Lines & Solid Towage & Lighterage vs. Hon. Patricia A. Sto. Tomas
Private respondent Philippine Labor Federation-Trade Union Congress of the Philippines (PLF-TUCP) is the certified bargaining agent of the rank-and-file employees...
Promulgated on 2005-04-29

94. CA GR SP 88425: Subic Bay Metropolitan Authority vs. Olongapo City RTC Judge Eliodoro Ubiadas, et al.
Before this Court is a Petition for Certiorari and Prohibition under Rule 65 of the Rules of Court with prayer for TRO / Writ of Preliminary Injunction w/c seeks to annul and set aside the Order dated June 11, 2004 issued by RTC, Br.72, Olongapo City...
Promulgated on 2005-04-29

95. CA GR SP 65556: RICARDO PRESBITERO, SR. vs SSS, et al
This is a petition for review under Rule 43 of the 1997 Rules of Court seeking to set aside the Resolution and the Order of respondent Social Security Council (SSC), dated 24 January 2001 and 16 May 2001 respectively, which held petitioner Ricardo P. ...
Promulgated on 2005-04-29

96. CA GR SP 76310: MARIANITA (NANETTE) MENDOZA vs HON. OSCAR B. PIMENTEL, et al
This is a petition for annulment of judgment under Rule 47 of the Revised Rules of Court of the Decision dated May 15, 2002 of the Regional Trial Court, Branch 148, Makati City on the ground of lack of jurisdiction....
Promulgated on 2005-04-29

97. CA GR SP 79028: MA. CONSOLACION M. NAHAS vs NLRC, et al
This is a petition for certiorari under Rule 65 of the Revised Rules of Civil Procedure assailing the public respondent National Labor Relations Commission?s (NLRC) Decision of 28 February 2003 affirming the Labor Arbiter's Decision and its Resolution...
Promulgated on 2005-04-29

98. CA GR CR 28196: PEOPLE OF THE PHILIPPINES vs. FEDERICO LOPEZ
This is an appeal from the decision of the Regional Trial Court of Alaminos, Pangasinan, Branch 54, in Criminal Case No. 3190-A dated July 11, 2003 finding, Federico Lopez (hereafter appellant), guilty of the crime of Falsification of Public Documents, th...
Promulgated on 2005-04-29

99. CA GR CV 79923: Charles H. Cu-Unjieng vs. R.P.
The appellee Charles Cu-Unjieng (or Cu-Unjieng hereafter) filed Land Registration Case No. TG-926 before the Regional Trial Court in Tagaytay City to place under the operation of the Property Registration Decree a lot in Silang Junction, Tagaytay City...
Promulgated on 2005-04-29

100. CA GR CR 00113: PEOPLE VS. MERLINO DUQUE Y ELARDE
For review before this Court is the Decision1 dated November 4, 2002 of the Regional Trial Court of Antipolo City, Branch 73, in Criminal Case No. 97-14271...
Promulgated on 2005-04-29

101. CA GR SP 68148: Sofia Jao vs Hon. Adolfo Fajardo, et al.
THIS is a petition for certiorari assailing the Resolution of the Regional Trial Court in Sorsogon denying the omnibus motion for inhibition, reconsideration and opposition of petitioner Sofia Jao, as well the Order denying her motion for reconsideration...
Promulgated on 2005-04-29

102. CA GR SP 89318: Cacilia Cajigan vs. N.L.R.C., Mt. Province Multi-Purpose Cooperative, Inc., etc., et al.
The instant petition for certiorari is ordered DISMISSED....
Promulgated on 2005-04-29

103. CA GR CV 83428: MARIA P. DAQUIOAG vs. REPUBLIC OF THE PHILIPPINES
The Republic of the Philippines thru the Office of the Solicitor General appealed the Decision of the Regional Trial Court of Laoag City, Branch 15 granting the Petition for the Issuance of a New Owners Duplicate Of Original Certificate of Title in Re-Cad...
Promulgated on 2005-04-29

104. CA GR SP 66820: Melbarose R. Sasot vs Claro A. Arellano, et al.
THE remedy of an aggrieved party from resolutions of the Office of the Ombudsman finding probable cause or lack of it in criminal or non-administrative cases, when tainted with grave abuse of discretion, is to file an original action for certiorari with t...
Promulgated on 2005-04-29

105. CA GR CR 27841: People vs Josefina Gutierrez @ Josie Terrona
A variance between the time set out in the indictment and that established by the evidence during trial does not constitute an error so serious as to warrant reversal of a conviction....
Promulgated on 2005-04-29

106. CA GR CR 22418: People of the Philippines v.s Rowell Mallari Y Navarro
Before the Court is an appeal by Rowell Mallari y Navarro, assailing the December 2, 1997 Decision of the Regional Trial Court (RTC) of Angeles City, Branch 57, in Criminal Case Nos. 94-02-98 and. 93-1512....
Promulgated on 2005-04-29

107. CA GR SP 67181: Ruben Odiver vs Hon. Romulo Villanueva, et al.
THE petition for certiorari seeks to annul two orders of the Regional Trial Court (RTC), Branch 12, Ligao, Albay, to wit:...
Promulgated on 2005-04-29

108. CA GR CR 00451: People vs Cecilio Agdeppa, Jr.
TO justify the imposition of death in rape of a child below seven years of age, proof of the victim's age is indubitable. There must be sufficient and clear evidence proving her age, even if not denied by the accused....
Promulgated on 2005-04-29

109. CA GR SP 86350: Benedicto Suganob vs. NLRC, et al.
Filed as a Petition for Review before this Court on September 14, 2004 and hereinafter treated as a Petition for Certiorari under Rule 65 of the Revised Rules of Court, the instant petition seeks to annul and set aside the decision dated April 22, 2004 an...
Promulgated on 2005-04-29

110. CA GR SP UDK 5321: Geronimo Bulalacao, et al. vs. Rudy M. Bulalacao, et al.
Up for consideration is petitioners' Motion for Extension of Time to File Petition for Review under Rule 43 of the Rules of Court, dated March 9, 2005....
Promulgated on 2005-04-29

111. CA GR CV 80274: Patrocinia Mabbun vs. Ramon Gonzalo, et al.
This is an appeal from the Decision of the Regional Trial Court in Aparri, Cagayan in the case for Declaration of Nullity of Title, Patent and Sale with Damages filed by the appellant Patrocinia Mabbun...
Promulgated on 2005-04-29

112. CA GR SP 81824: SPOUSES SANIDAD vs BENJAMIN HUGO, et al
Before this Court is a Petition for Review in accordance with Rule 43 of the 1997 Rules of Civil Procedure, in an attempt to reverse and set aside the Decision promulgated by the Department of Agrarian Reform Adjudication Board (DARAB) on February 5, 2...
Promulgated on 2005-04-29

113. CA GR SP 73509: Adelaida Diaz vs. SSS, Nikkoshi Phils. Corp.
Before Us is a Petition for Review under Rule 43 of the Rules of Court assailing the August 2, 2002 Decision of the Employees' Compensation Commission (ECC) in ECC Case No. SM-12958-202. In the aforesaid Decision, the ECC, exercising its power of revie...
Promulgated on 2005-04-29

114. CA GR SP 83920: Marlita A. Misa representing her late son late son Guillermo A. Misa vs NLRC, et al.
For our consideration is the Petition for Certiorari (under Rule 65 of the Rules of Court) filed by Marlita A. Misa (petitioner) seeking to annul and set aside the National Labor Relations Commission's (NLRC) Decision dated December 5, 2003 and its Resolu...
Promulgated on 2005-04-29

115. CA GR SP 87885: IRA General & Security Services Inc., vs Hon. Secretary of Labor et.al.,
This is a Petition for Certiorari under Rule 65 of the Revised Rules of Court seeking to nullify and set aside the May 18, 2004 and October 8, 2004 Orders of the Department of Labor and Employment in OS-LS-0120-2004-0006 entitled Elias D. Gaba and Twenty...
Promulgated on 2005-04-29

116. CA GR CV 78820: MARLENE T. LUMANLAN vs JUAN M. LUMANLAN
This is an appeal from the Decision dated October 30, 2002, rendered by the Regional Trial Court (hereafter RTC), Branch 60, Angeles City, in Civil Case No. 10129, the dispositive portion of which reads as follows...
Promulgated on 2005-04-29

117. CA GR CR 28042: People vs Apolinario Aquilena
Accused Apolinario Aquilena, along with Reynaldo and Wilson, both surnamed Aquilena were charged with frustrated murder committed as follows:That on or about August 11, 1994, in the municipality of Aparri, province of Cagayan...
Promulgated on 2005-04-29

118. CA GR CV 68096: MAGDALENA G. CUSTODIO as guardian of REGINA VS BRITA T. LLANTADA, SPOUSES ET AL
On appeal by petitioner is the Decision dated 30 May 2000 of the Regional Trial Court of Morong, Rizal in Civil Case No. 1073-M,the dispositive portion of which reads:WHEREFORE, the petition for annulment of real estate mortgage, decision of the Municipal...
Promulgated on 2005-04-29

119. CA GR CV 62980: MRS. LOURDES ROLDA ET AL VS DR. ANTONIO GARCIA
Throughout history, patients have consigned their fates and lives to the skill of their doctors. For a breach of this trust, men have been quick to demand retribution. Some 4,000 years ago, the Code of Hammurabi then already provided:If a physician make a...
Promulgated on 2005-04-29

120. CA GR CV 84015: TRI-ASIA PAPER MILL, INC., ET AL. vs. BPI
For consideration is appellant's manifestation stating that it is no longer pursuing its appeal and is no longer filing its appellant's brief, duly signed by the respondent's counsel and with the conformity of the respondent-corporation....
Promulgated on 2005-04-29

121. CA GR SP 89301: Sps. Leo Christopher Masbad vs. Hon. Raul de Leon, et al
Before this Court is a petition for certiorari1 filed by petitioners Spouses Leo Christopher R. Masbad and Lovelynne M. Masbad on 14 April 2005....
Promulgated on 2005-04-29

122. CA GR SP 88379: ROMULO EVANGELISTA, SR., et al. vs. HON. JUDGE DANILO A. MANALASTAS, et al.
THE PETITIONERS ARE URGING US TO RECONSIDER THE RESOLUTION DATED FEBRUARY 14, 2005 WHEREBY WE DISMISSED THIS CASE FOR BEING INSUFFICIENT IN SUBSTANCE....
Promulgated on 2005-04-29

123. CA GR SP 86298: Eliseo Exconde et.al., vs RTC Manila Br-37 et.al.
Records show that sisters Geraldine Gaw Guy and Grace Gaw Cheu (Gaws) filed a suit before the Manila Regional Trial Court for certiorari and prohibition with prayer for temporary restraining order (TRO) and preliminary injunction...
Promulgated on 2005-04-29

124. CA GR SP 86145: Rosemarie P. Raga vs NLRC et.al.,
Before this Court is a petition for certiorari seeking to set aside the Decision dated April 11, 2003 of the National Labor Relations Commission and the Resolution dated July 20, 2004 denying petitioner?s Motion for Reconsideration in NLRC SUB-RAB-01-07...
Promulgated on 2005-04-29

125. CA GR CV 76878: DAVID S. FAUNI, JR. vs REPUBLIC OF THE PHILIPPINES
This is an appeal filed from the Order dated April 16, 2002 of the Regional Trial Court (hereafter RTC), Branch 22, Imus, Cavite, in LRC Case No. 1857-00, the dispositive portion of which reads as follows...
Promulgated on 2005-04-29

126. CA GR SP 87321: Tae Sung Philippines, Inc. vs. NLRC, Labor Arbiter Volaire Balitaan, Florentino Peñalba
Guevara-Salonga, J.: Before this Court is a Petition for Certiorari under Rule 65 of the 1997 Rules of Civil Procedure filed by the petitioner Tae Sung Philippines, Inc. ("Petitioner") with prayer for the issuance of a Temporary Restraining Order and/...
Promulgated on 2005-04-29

127. CA GR SP 80468: Uy-Pajara Joint Venture vs. NLRC, Rodolfo T. Garcia, Jr., Rommel B. Singca
Before this Court is a Petition for Certiorari under Rule 65 of the 1997 Rules of Civil Procedure filed by the petitioner Uy-Pajara Joint Venture ("Petitioner") with prayer for the issuance of a Temporary Restraining Order and/or Writ of Preliminary In...
Promulgated on 2005-04-29

128. CA GR SP 77405: Heirs of Matias Rubang vs. Ilocos Sur RTC Judge Policarpio P. Martinez, Heirs of Valerio Concepcion
In this special civil action for certiorari under Rule 65 of the Rules of Court, petitioners assail the January 7, 2003 Order of the Regional Trial Court, Candon City, Ilocos Sur, Branch 71 dismissing their Complaint for Annulment of Document with Dama...
Promulgated on 2005-04-29

129. CA GR SP 77892: Manuel Bernardo vs. Valenzuela City RTC Judge Floro Alejo, Lourdes Dios, Federico Bernardo, et al.
This is a petition for certiorari under Rule 65 of the 1997 Rules of Civil Procedure imputing grave abuse of discretion on the part of respondent court presided by Judge Floro Alejo of the Regional Trial Court of Valenzuela City, Branch 172. In the assa...
Promulgated on 2005-04-29

130. CA GR CV 77625: REPUBLIC OF THE PHILIPPINES vs SPOUSES ERNNA and ERNESTO FLOTILDES
This is an appeal from the Decision dated November 4, 2002 rendered by the Regional Trial Court (RTC), Branch 26, Sta. Cruz, Laguna, in Civil Case No. SC-3002, for Cancellation of Free Patent and Title, the dispositive portion of which reads...
Promulgated on 2005-04-29

131. CA GR SP 76765: Nicolas Manansala, Dante Balverde vs. Freedom To Build Inc., Edgar Bautista, William Keyes, et al.
In this petition for certiorari, petitioners seek to annul and set aside the Orders dated October 16, 2002 and March 4, 2003 of the Regional Trial Court, Branch 80, Malolos, Bulacan dismissing their appeal and denying a reconsideration thereof,...
Promulgated on 2005-04-29

132. CA GR CV 49737: ARSENIO DARGO vs PILIPINAS BANK and CESAR R. TUBIANOSA
Before Us is an appeal filed by defendants-appellants Pilipinas Bank and Cesar R. Tubianosa against plaintiff-appellee Arsenio Dargo seeking the reversal of the 04 July 1994 Decision of the Regional Trial Court (Branch 162), Pasig (now Pasig City...
Promulgated on 2005-04-29

133. CA GR SP 85281: Excellent Manpower Services and Ricardo Sadac vs NLRC and Nestor F. Sibal
Before us is the Petition for Certiorari (under Rule 65 of the Rules of Court) filed by Excellent Manpower Services (Excellent Manpower) and Ricardo Sadac (Sadac) (collectively, the petitioners) seeking to annul and set aside the National Labor Relations...
Promulgated on 2005-04-29

134. CA GR SP 83932: DAVAO GM FOODS CORP. and DENNIS UY, vs. PESCADERO FOOD CORP.
We have assiduously perused the arguments raised in respondent's Verified Motion for Reconsideration dated February 15, 2005, and those contained in petitioners' Comment thereto, and found the Motion offering no compelling reason to modify or reverse ...
Promulgated on 2005-04-29

135. CA GR SP 80763: Narciso Magsakay vs. Cirilo Santos
Assailed in this petition is the decision rendered by the Regional Trial Court, Branch 78, Bulacan in Civil Case No. 418-M-2000 which reversed the earlier decision of the Municipal Trial Court of Plaridel, Bulacan in a complaint for ejectment with Civil ...
Promulgated on 2005-04-29

136. CA GR SP 85641: HEIRS OF KWAN SHUI YUAN, et al. vs. THE R T C, 4th JUDICIAL REGION BR 30 SAN PABLO, et al.
THE PETITIONERS SEEK THE RECONSIDERATION OF THE DECISION DATED FEBRUARY 18, 2005 DUE TO SERIOUS ERROR BECAUSE RESPONDENTS TOYOTA MOTORS CORPORATION AND TSUNESHI SHIPYARD PHILIPPINES WERE "JAPANESE IMPERIAL GOVERNMENT INDUSTRIAL CORPORATION WHICH PRODU...
Promulgated on 2005-04-29

137. CA GR CV 57531: DR. EULOGIO BANIQUED VS FEDERICO COLASTICA
On Appeal is the decision dated 6 March 1997 of Branch 57 of the Regional Trial Court of San Carlos City, Pangasinan in Civil Case No. SCC-1688, the dispositive portion of which reads:WHEREFORE, in the light of the foregoing, the action to quiet title is...
Promulgated on 2005-04-29

138. CA GR SP 82709: LAURO V. MARTIN, AGAPITO ROM, PASTORA P. ROSEL ET AL VS ROXAS & COMPANY, INC.,
This resolves the petition for certiorari filed by Lauro Martin, et al. (petitioners) under Rule 65 of the 1997 Rules of Civil Procedure which seeks to amend and set aside public respondent's Orders dated November 6, 2002 and December 12, 2003, respecti...
Promulgated on 2005-04-29

139. CA GR SP 70439: OBOZA REALTY DEVELOPMENT CORPORATION VS ALFREDO G. QUIMNO ET.AL.
In this Petition for Review1 under Rule 43 of the 1997 Rules of Civil Procedure, petitioner Oboza Realty Development Corporation (Oboza) seeks the reversal of the Decision2 of the Department of Agrarian Reform Adjudication Board (DARAB, for brevity) in a...
Promulgated on 2005-04-29

140. CA GR SP 80144: Jorge Joselito Santos vs. NLRC, et al
Before this Court is an ex-parte manifestation on the settlement of the case with motion to dismiss filed by petitioners on 5 April 2005. Petitioners aver:...
Promulgated on 2005-04-29

141. CA GR SP UDK 5314: Danilo Marcelo, et al vs. Hon. Solicitor General, et al
Before this Court is a petition for annulment of judgment under Rule 47 of the 1997 Rules of Civil Procedure seeking to annul the decision of the Regional Trial Court of Tarlac, Branch 67, in the Land Case No. 274-P 93 by the then Hon. Dario R. Navarro d...
Promulgated on 2005-04-29

142. CA GR CR 28014: People vs. Antonio Estal, et al
Before this Court is an Urgent Motion to Withdraw Appeal1 signed by accused appellants Antonio Estal and Alex Estal in the presence of two witnesses namely: PGI Magno V. Manzanilla, Asst. Chief Overseer and PGI Amado Salonga, Jr., Overseer Office Personn...
Promulgated on 2005-04-29

143. CA GR SP 83552: Aristotle Ruiz, vs. NLRC, et al
Before this Court is a petition for certiorari under Rule 65 of the 1997 Rules of Civil Procedure which seeks to nullify the Decision of the Labor Arbiter dated 2 April 2002 in the case of Aristotle B. Ruiz vs Abacast Shipping and Management Co., Inc.,...
Promulgated on 2005-04-29

144. CA GR SP 78555: Jose Guilliar vs SSS (San Beda College)
THE Court is tasked to determine the extent of PERMANENT TOTAL DISABILITY within the coverage of the Employees Compensation Law (EC Law) in this petition for review of the Decision of the Employees' Compensation Commission (ECC)....
Promulgated on 2005-04-29

145. CA GR SP 86482: VENERANDA STA. ANA-MARIANO ET.AL. VS JUDGE LUIS R. TONGCO ET.AL.
Assailed by Veneranda Sta. Ana-Mariano and the heirs of the late Artemio E. Mariano, namely: Lawrence Mariano and Lanie Mariano-Quintana (petitioners) in this petition for certiorari,prohibition and mandamus filed under Rule 65 of the Rules of Court are:...
Promulgated on 2005-04-29

146. CA GR SP 86243: JUAN MARTIN AND HIS SPOUSE "JANE DOE", et al., vs. PECHATEN CORPORATION
This is a petition for review under Rule 42 of the 1997 Rules of Civil Procedure of the Decision dated June 15, 2004 of Branch 45 of the Regional Trial Court of Manila in Civil Case No. 04-109035, entitled 'Pechaten Corporation vs. Juan Martin, et al."...
Promulgated on 2005-04-29

147. CA GR CV 68479: RURAL BANK OF STA. ROSA (N. E.) INC. VS RONALDO VALINO ET.AL.
Oppositors-appellants appeal from the Order dated 12 May 2000 of the Regional Trial Court of Cabanatuan City, Branch 26,granting petitioner-appellee?s petition for the issuance of writ of possession.The antecedent facts are as follows:...
Promulgated on 2005-04-29

148. CA GR CV 60215: CRESENCIA ALVARO ET AL VS FRANCISCA GUILLERMO ET A L
On appeal by the defendants-appellants Francisca Guillermo(in her capacity as the teacher-in-charge of the NAPACCU GRANDE-SINIPPIL ELEMENTARY SCHOOL),Dr. Tomas Ratum (in his capacity as the Regional Director of the DECS, Region 2) and the Republic of the...
Promulgated on 2005-04-29

149. CA GR CV 76074: SPOUSES APOLONIO AND PATRIA ADENA REGALAD VS MERCED VDA. DE REGALADO ET AL
On appeal by defendants-appellants is the Decision of the Regional Trial Court of Virac, Catanduanes, Branch 43, dated 14 June 2002, the dispositive portion of which reads: WHEREFORE, judgment is hereby rendered in favor of the plaintiffs and against de...
Promulgated on 2005-04-29

150. CA GR CR 28392: PEOPLE OF THE PHILIPPINES vs. RUEL RAMIREZ, alias "NONOY"
This appeal entreats Us anew to revisit the doctrinally settled rule that the factual findings of trial courts, particularly the assessment of the credibility of witnesses, are accorded great weight and the highest respect on appeal (People vs. Ramos,...
Promulgated on 2005-04-29

151. CA GR CV 82614: Dionisio M. Baron vs. Lydia I. CagascasBaron; R.P.
On March 14, 2002 the appellant Dionisio M. Baron (or hereafter Dionisio) filed before the Regional Trial Court in Quezon City a suit for Declaration of Absolute Nullity of Marriage against Lydia Cagascas-Baron...
Promulgated on 2005-04-29

152. CA GR SP 86373: Atty. Teodoro C. Linsangan, et al. vs. Office of the Ombudsman, et al.
Via this petition for review under Rule 43 of the Revised Rules of Court petitioners seek to overturn the Decision dated March 22, 2004 of the Office of the Deputy Ombudsman for Luzon in OMB-ADM-1-01-0396-H1 and its Order dated July 5, 20042 denying the...
Promulgated on 2005-04-29

153. CA GR CV 79963: JUDITH CURIMAO, et al. vs. SPOUSES TRINIDAD OCAMPO CANIZA, et al.
Challenged in this appeal is the Decision of Branch 14 of the Regional Trial Court of Manila in Civil Case No. 97-83001, entitled "Judith Curimao, through her Attorney-In-Fact, Teresita De Guzman vs. Sps. Trinidad Ocampo-Caniza and Silvestre Caniza, an...
Promulgated on 2005-04-29

154. CA GR SP 63569: VBP GROUP OF COMPANIES, INC., et al. vs. NLRC, et al.
THE PETITIONERS SEEK THE RECONSIDERATION OF THE DECISION DATED JANUARY 20, 2005, CONTENDING THAT:...
Promulgated on 2005-04-29

155. CA GR CV 64862: VICTORY LINER INC. VS BELEN FERNANDEZ AND LUIS
On appeal by plaintiff Victory Liner, Inc. is the Decision dated September 28, 1999 of the Regional Trial Court of Caloocan City, in a complaint for Damages entitled Victory Liner, Inc., Plaintiff vs.Belen Fernandez and Luis Gonzales y Siapno, Defendants...
Promulgated on 2005-04-29

156. CA GR CR 26073: PEOPLE OF THE PHILIPPINES vs. GAY ELENA ALANGUI Y SAN PEDRO
The accused seeks reconsideration of our decision of January 20, 2005, stating that the failure to present the arresting security guard rendered the evidence inadmissible.....
Promulgated on 2005-04-29

157. CA GR CV 77705: SPOUSES JOCELYN BESONIA AND SAMUEL BERSONIA VS DELY SUMANG
On appeal by defendant Dely Sumang is the Decision dated January 13, 2003 of Branch 173 of the Regional Trial Court of Manila, in an action for Recovery of possession and/orownership with damages entitled Spouses Jocelyn Besonia and Samuel Besonia vs. De...
Promulgated on 2005-04-29

158. CA GR CV 69797: Lupo Atienza vs. Yolanda U. De Castro
Before us on appeal is the Decision dated 11 December 2000 of the Regional Trial Court of Makati City, Branch 61 in Civil Case No. 92-1423, entitled "Lupo Atienza vs. Yolanda U. De Castro," the dispositive portion of which reads in this wise:...
Promulgated on 2005-04-29

159. CA GR CV 81455: Eloisa C. Reyes et.al., vs Rep. of the Phils.
The Republic of the Philippines, through the Office of the Solicitor General, seeks to reverse and set aside the July 27, 2001 Decision of the 2nd Municipal Circuit Trial Court of Silang-Amadeo, Cavite, in Land Registration Case No. 96-044 approving the a...
Promulgated on 2005-04-29

160. CA GR CV 73979: Serafin D. Bituin vs. Pampanga II Electric Cooperative (PELCO II)
This is an appeal interposed by appellant Pampanga II Electric Cooperative (PELCO II) from the Decision dated 6 September 2001 rendered by the Regional Trial Court of Guagua, Pampanga, Branch 49, in Civil Case No. G-3261 for Specific Performance with...
Promulgated on 2005-04-29

161. CA GR SP 75941: PHILIPPINE NATIONAL GUARD PROTECTIVE AGENCY, INC., ET AL. vs NLRC AND ROBERTO Q. ASISTIDO
This special civil action for certiorari under Rule 65 of the 1997 Revised Rules of Civil Procedure seeks to annul the resolution of public respondent National Labor Relations Commission (NLRC, for brevity) promulgated on August 26, 2002, in NLRC NCR...
Promulgated on 2005-04-29

162. CA GR SP 81849: AIC Realty Corporation et.al. vs Rodolfo S. Vicente
This is a petition for review pursuant to Rule 43 of the Rules of Court seeking to reverse, annul or set aside the Resolution of the Office of the President dated June 26, 2003 affirming the findings of the Housing and Land Use Regulatory Board dated Nove...
Promulgated on 2005-04-29

163. CA GR CV 71894: City of Manila vs Melba Tan Te
On March 15, 1998, the City Council of Manila enacted Ordinance No. 7951, an ordinance authorizing the Mayor to acquire,either by negotiation or expropriation certain parcels of land covered by Transfer Certificate of Title (TCT) Nos. 233273, 175106 and ...
Promulgated on 2005-04-29

164. CA GR CV 72063: Sps. Vicente Agapay et.al. vs Republic of the Phil.
This is an appeal from the Decision dated October 24, 2000 of the Municipal Trial Court in Cities, San Pablo City, confirming the title to Lot No. 17263 situated in Barangay Sta. Maria, same city, in favor of applicants-appellees Spouses Vicenta and Nelso...
Promulgated on 2005-04-29

165. CA GR SP 87314: Rolendio Dizon vs. Hon. Bauzon, et al
Petitioner would have us set aside our Resolution of November 16, 2004 which dismissed the petition filed on November 8, 2004, for the annulment of the order of the respondent court dated October 27, 2003 in SP. PROC. Case No. 644-R. Section 4, Rule 47 of...
Promulgated on 2005-04-29

166. CA GR CR 00027: People vs. Alberto Tabarnero, et al
HC - Accused-appellants in Criminal Case No. 88-M-2000 are before this Court appealing the Decision (Records, pp. 139-150) of the Regional Trial Court of Malolos, Bulacan, Branch 78, dated 29 August 2002 finding both accused appellants guilty of murder, t...
Promulgated on 2005-04-29

167. CA GR CV 65399: Honey Mariano, Angelito Fernandez, et al. vs. Federico G. Lachica, Edgardo V. Robes, et al.
This is an appeal interposed by plaintiffs-appellants from the Order dated 18 August 19991 rendered by the Regional Trial Court of Malolos, Bulacan, Branch 77, in Civil Case No. 1164-M-98 for Declaratory Relief, the dispositive portion of which reads a...
Promulgated on 2005-04-29

168. CA GR SP 75981: Continental Watchman Agency, Leonardo Alcuran vs. NLRC, Diomedes Siano
Assailed in the present petition for certiorari are the twin Resolutions of the National Labor Relations Commission, Third Division, dated April 26, 2002 and June 28, 2002, which affirmed the decision of the Labor Arbiter declaring private respondent e...
Promulgated on 2005-04-29

169. CA GR CV 69373: J.C. Lee Construction vs. TYCO Development Corp.
This is an appeal interposed by appellant TYCO Development Corporation from the Decision dated 30 August 2000 rendered by the Regional Trial Court of Olongapo City, Branch 72, for Sum of Money, the dispositive portion of which reads as follows:...
Promulgated on 2005-04-29

170. CA GR SP 88973: JOHNNY A. KING VS THE OFFICE OF THE OMBUDSMAN ET AL
This resolves petitioner's PETITION FOR REVIEW ON CERTIORARI WITH PRELIMINARY INJUNCTION AND/OR A TEMPORARY RESTRAINING ORDER (dated 15 March 2005) and his URGENT MOTION TO ALLOW PETITIONER TO ATTACH THE REQUIRED ATTACHMENT TO THE COPIES OF PETITION (date...
Promulgated on 2005-04-29

171. CA GR CR 27815: People vs. Bernardo Untalan
Before us on appeal is the judgment of the Regional Trial Court of Dagupan City, Branch 43, in Criminal Case No. 2001-0059-D, convicting the accused appellant Bernardo Untalan (Untalan) of the crime of Frustrated Murder....
Promulgated on 2005-04-29

172. CA GR CR 00245: People vs. Danilo Jocson y Bautista
On appeal is the April 8, 2003 Joint Decision of the Regional Trial Court of Caloocan City, Branch 127, in Criminal Case Nos. 66034 and 66035, wherein accused-appellant Danilo Jocson Y Bautista was found guilty beyond reasonable doubt of illegal...
Promulgated on 2005-04-29

173. CA GR CV 45151: VICTORIA O. FERNANDEZ, ET. AL. VS. ANTONIO SECILLANO
The subject of the present appeal is the 14 December 1993 Decision1 of the Regional Trial Court (RTC), Branch 12 of Ligao, Albay in Civil Case No. 1550...
Promulgated on 2005-04-28

174. CA GR CR 00200: People vs. Osmundo Casale
Appellant Osmundo Casale was tagged as the lone felon after he shot a victim, who did not die, stabbed two (2) others who died and still attempted to stab another, all of which overt acts occurred in less than an hour....
Promulgated on 2005-04-28

175. CA GR SP 88418: Equitable PCI Bank, Inc. vs. Hon. Martonino R. Marcos, et al.
BEFORE US is the petitioner?s Motion for Reconsideration filed on 15 March 2005, seeking for the reconsideration of the Resolution dated 28 February 2005...
Promulgated on 2005-04-28

176. CA GR CR 00693: People vs. Eduardo dela Luna
For this Court s intermediate review is the Joint Decision finding appellant Eduardo dela Luna guilty of the crimes of Rape and violation of P.D. No. 1866, known as Illegal Possession of Firearm and Ammunition....
Promulgated on 2005-04-28

177. CA GR CV 80335: Heirs of Sandra Elizabeth B. Ong vs. China Banking Corp., et al.
This pertains to the Motion to Dismiss filed by the counsel for the defendant-appellees, and Motion for Leave to File Appellants Brief filed by the counsel for the plaintiff-appellants which are now submitted to this Court for resolution....
Promulgated on 2005-04-28

178. CA GR CV 68126: Alejandro Pantaoe vs. Republic
The Republic of the Philippines appeals the Decision dated December 13, 1999 of the Regional Trial Court Branch 40, Dagupan City which granted applicant appellee Alejandro G. Pantaoe s application for land registration....
Promulgated on 2005-04-28

179. CA GR CR 27945: People vs. Constantino Junsay
The appeal relates to the Decision convicting appellant Constantino Junsay, Jr. y Cruz of violation of Section 16, Article III, Republic Act (R.A.) No. 6424, as amended, under the Information that reads:...
Promulgated on 2005-04-28

180. CA GR SP 85383: FLB Construction Corp. vs. Cagayan Economic Zone Authority
For failure of movant-petitioner to file petition for review within the extended period granted by the Court which expired on August 12, 2004, and even thereafter, the instant case is DISMISSED....
Promulgated on 2005-04-28

181. CA GR SP 85006: SPOUSES ALBERTO GONZALES AND HELEN GONZALES vs. HON. OLGA PALANCA ENRIQUEZ, et al.
We have assiduously perused the ratiocinations and arguments in petitioners' Motion For Reconsideration as well as those contained in the respondents' Comment thereon of the petitioners and found the motion offering no compelling reason to modify,...
Promulgated on 2005-04-28

182. CA GR CR 00601: PEOPL VS. ERNESTO DE GUZMAN Y ELEMENCIO
Accused-appellant Ernesto de Guzman y Elemencio ("appellant," for brevity) appeals from the Decision of the Regional Trial Court of Gapan, Nueva Ecija (Branch 36), dated September 25, 2001...
Promulgated on 2005-04-28

183. CA GR SP 88066: Ericsson Marketing vs. Enrique Santos, et al
Before us is a Petition for Certiorari1 filed by petitioner Ericsson Marketing and Management Corporation (Ericsson) alleging grave abuse of discretion amounting to lack of discretion on the part of public respondent Regional Trial Court (RTC), Branch 15...
Promulgated on 2005-04-28

184. CA GR SP 86897: SPS. ROGELIO & DOLORES GOMEZ vs. SPOUSES RODOLFO & CORAZON, ET AL.
Submitted for resolution for this Court is a Petition for Prohibition under Rule 65 of the 1997 Rules of Court filed by petitioners spouses Rogelio and Dolores J. Gomez seeking the restraint of the implementation of the Writ Of Execution dated 11 May 2004...
Promulgated on 2005-04-28

185. CA GR SP 77665: ANASTACIO MARCELINO,represented by DOLORES MARCELINO-CADIZ vs MRS. ENGRACIA MENDOZA
This is a petition for review under Rule 42 of the 1997 Rules of Court that seeks to set aside the decision dated May 26, 2003 of the Regional Trial Court of Manila, Branch 55 in Civil Case No. 02-104403 in a case for ejectment. The dispositive portio...
Promulgated on 2005-04-28

186. CA GR CV 60135: Laurence Aldecoa Gan Lim vs. R.P.
At bar is an appeal from the March 15, 1998 Decision of the Regional Trial Court (RTC), Branch 58, Tigaon, Camarines Sur, directing the Civil Registrar of Naga City to effect the changes prayed for by petitioner-appellee Laurence Aldecoa Gan, particularly...
Promulgated on 2005-04-28

187. CA GR CV 55165: Elizabeth Diaz vs. Georgina Encanto, et al
This Court is confronted with several appeals that stemmed from the Decision1 dated April 17, 1996 holding defendantsappellants University of the Philippines (U.P.) and its two (2) officials, Ernesto G. Tabujara and Gemino H. Abad, jointly and severally...
Promulgated on 2005-04-28

188. CA GR CV 60849: Remigio Sosa, Jr., et al. vs. Sacred Heart School of Cavite, et al.
This is an appeal from the October 27, 1997 Decision of the Regional Trial Court, Branch 18, Tagaytay City, in Civil Case No. TG-1523, dismissing the complaint for damages for lack of merit....
Promulgated on 2005-04-28

189. CA GR CV 69648: Navy Enlisted Homeowners vs. CLARENCE BAGUILAT, et al
This is an appeal from the Decision dated February 16, 1999 of Branch 66, Regional Trial Court, Makati City in Civil Case No. 96-150 for Declaratory Relief, disposing in this wise:...
Promulgated on 2005-04-28

190. CA GR CV 70744: Sps. Caridad Capelan vs. Boston Industrial Supply, et al
On appeal is the Decision dated May 18, 2001 of the Regional Trial Court Branch 82, Quezon City, the pertinent portion of which reads:...
Promulgated on 2005-04-28

191. CA GR CV 70865: BPI vs. Jose Balete
Defendant-appellant Jose R. Balete (appellant), doing business under the name and style Divine Grace export Import International, filed this appeal from the Decision dated January 12, 2001 of Branch 147, Regional Trial Court, Makati City in Civil Case No....
Promulgated on 2005-04-28

192. CA GR SP 69222: Victor Manabat vs. Iluminada Jimenez
In this petition for review under Rule 43 of the Rules of Court, petitioner Victor B. Manabat, represented by his surviving spouse, Remedios Manabat, seeks the reversal of the Decision dated December 3, 2000 of the Department of Agrarian Reform Adjudicat...
Promulgated on 2005-04-28

193. CA GR CV 69242: Ambon Ambon Company vs. Clarita de Guzman
Appealing the Judgment dated January 18, 2000 of Branch 220, Regional Trial Court, Quezon City in Civil Case No. Q-99-38725, defendant-appellant Clarita De Guzman (appellant) faults the trial court:...
Promulgated on 2005-04-28

194. CA GR SP 85161: Moises Macalino, et al vs. Alyansa ng Magbubukid
Invoking Rule 43 of the 1997 Rules of Civil Procedure in relation to Section 54 of RA No. 6657,1 petitioners filed this petition for review, posing the following issues for the consideration of this Court:...
Promulgated on 2005-04-28

195. CA GR SP 85604: Concepcion Carson vs. Ariel Cantada, et al
Petitioner Concepcion Carson y Mangubat comes to this Court by way of a Petition for Certiorari under Rule 65 of the Rules of Court seeking the annulment of the Order1 dated March 10, 2004 rendered by respondent Regional Trial Court (RTC), Branch 20, Imu...
Promulgated on 2005-04-28

196. CA GR SP 85879: Dee Ping Wee, et al vs. Rosalind Wee, et al
This is a Petition1 for certiorari with prayer for issuance of a temporary restraining order seeking the annulment of the Decision dated June 23, 2004 rendered by the Regional Trial Court, Branch 93, Quezon City in Civil Case No. Q-04-093, complaint for a...
Promulgated on 2005-04-28

197. CA GR SP 86389: Sps. Jose Martel vs. Security Bank Corp., et al
This Petition for Certiorari under Rule 65 of the Rules of Court seeks to nullify and set aside the Order dated August 27, 2004 of the Regional Trial Court (Branch 146) in Makati City in LRC Case No. M-4510....
Promulgated on 2005-04-28

198. CA GR SP 78520: Obrero Pilipino, et al vs. Bureau of Labor Relations, et al
This special civil action for certiorari originated from a petition for union accounts examination of Aladdin Transit Employees Association filed by its members against the officers of the union with the Department of Labor and Employment. The petition wa...
Promulgated on 2005-04-28

199. CA GR CV 66404: Moriwa Manufacturing vs. Jimeno Dy
Plaintiff-appellant Moriwa Manufacturing Corporation filed the present appeal from the Decision1 dated January 5, 2000 rendered by the Regional Trial Court (RTC), Branch 82, Quezon City, in Civil Case No. Q-92-13541....
Promulgated on 2005-04-28

200. CA GR CV 73594: Heirs of Santiago Cardel, et al. vs. Romeo Cardel Villa; et al.
This is an appeal from the Order dated 03 December 2001 of the Regional Trial Court (RTC), Branch 9, Legazpi City, granting the Demurrer to Evidence and dismissing Civil Case No. 9644 for Approval and Confirmation of Partition of Inherited Land with Damag...
Promulgated on 2005-04-28

201. CA GR CR 00760: People vs Melanio del Castillo y Vargas et.al.,
Accused-appellant Melanio Del Castillo y Vargas, Hermogenes Del Castillo y Vargas, Arnold Avengoza y Dogos, Felix Avengoza y Dogos,Rico Del Castillo y Ramos and Joven Del Castillo y Abesola were charged with three (3) counts of Murder before the Regional...
Promulgated on 2005-04-28

202. CA GR SP 88706: SPS. DOMINIC OBRA and MERCY OBRA vs SPS. JEREMIAS V. ROMANA, et al.
The instant Petition for Certiorari dated 28 January 2005 filed 24 February 2005 suffers from the following defects:...
Promulgated on 2005-04-28

203. CA GR CV 69971: Spouses Enrique & Avelina Del Mundo vs Republic of the Phils.
Before the 4th Municipal Circuit Trial Court (or "MCTC") of Alfonso-General Aguinaldo, Cavite was an application for registration of a parcel of land, designated as Lot 7, Cad 489- D, Cadastral Map No. 14'09 120' 49-E,...
Promulgated on 2005-04-28

204. CA GR SP 88383: SPS. JACOB & ADELA AVILLANOZA, et al. vs HON. JUDGE BLAS O. CAUSAPIN, JR., et al.
The instant Petition for Certiorari dated and filed on 31 January 2005 is defective for the following reasons:...
Promulgated on 2005-04-28

205. CA GR CR 27737: PEOPLE OF THE PHILIPPINES vs. FRANCISCO GALMAN CRUZ, et al.
This is a Motion for Reconsideration of the Decision dated January 28, 2005 granting the appeal by petition for review filed by petitioners.After a review of the arguments set forth in the Motion for Reconsideration, this Court finds no cogent reason to r...
Promulgated on 2005-04-28

206. CA GR SP 85721: Pablo Bisperas et.al., vs Sps. Conrado Biadora & Erlinda Biadora
Since all the parties are asserting rightful possession over the premises they occupy, all hinging on their respective documents executed by the predecessor-in-interest, the party claiming ownership over the whole area was compelled to resort to judicial...
Promulgated on 2005-04-28

207. CA GR SP 78008: Merceditas de Sahagun, et al vs. FFIB, et al
This petition for review under Rule 43 of the Revised Rules of Civil Procedure seeks to annul the Orders of the Office of the Ombudsman dated March 10, 2003 and June 24, 2003....
Promulgated on 2005-04-28

208. CA GR SP 88677: NATURE CARE INDUSTRIES PHILIPPINES, INC., et al. vs COL. REYNALDO S. RAMIREZ, et al.
The instant Petition for Review dated 10 February 2005 filed 10 March 2005 suffers from the following defects:...
Promulgated on 2005-04-28

209. CA GR CV 78253: Angeles S. Bigay vs Sps. Ernesto Yusis & Edna Yusis
This is an appeal from the Decision dated June 28, 20021 of the Regional Trial Court of Pasig City, Branch 165, in S.C.A. Case No. 1816 for Judicial Foreclosure of Mortgage With Damages, the dispositive portion of which states:IN VIEW OF ALL THE FOREGOING...
Promulgated on 2005-04-28

210. CA GR CV 69604: Sps. Jose & Lourdes Pe vs. AVELINO ACQUIATAN,
Defendant-appellant Avelino Acquiatan appeals from the Decision dated May 24, 2000 of the Regional Trial Court of Palawan and Puerto Prinsesa City, Branch 50, the dispositive portion of which reads:...
Promulgated on 2005-04-28

211. CA GR SP 85629: CHU, CHIENG MING vs. HON. LAMBERTO A. DAING, JR.
In a Resolution dated August 19, 2004, this Court denied due course and consequently, dismissed this petition ruling that immediate recourse to certiorari is improper when no motion for reconsideration on the assailed order was filed....
Promulgated on 2005-04-28

212. CA GR CV 83602: PLACIDA MOSKITO vs PATROCINO COLOMA and ROBERT COLOMA
Considering the report of the Judicial Records Division that, as per docket book entry, appellants failed to file their brief within the designated period, this Court hereby considers the instant case ABANDONED and TERMINATED pursuant to Sec 1 (e), Rul...
Promulgated on 2005-04-28

213. CA GR SP 80552: LORENZO TINGSON vs. SPS CORNELIO & PATRICIA MONTINO
Acting on petitioner?s Motion for Reconsideration of Our Decision dated October 25, 2004, the Court finds no new matters which were not taken into consideration in arriving at the said decision and/or which would warrant a reversal or modification ther...
Promulgated on 2005-04-28

214. CA GR CR 00766: People vs Arcajerhes Carolino y Biocarles
The case is an appeal from the decision of the Regional Trial Court of Pangasinan, Branch 54, Alaminos City, finding accused Arcajerhes Carolino guilty beyond reasonable doubt of seven (7) counts of rape and in each case...
Promulgated on 2005-04-28

215. CA GR SP 89000: SEISMIC CONSTRUCTION AND DEVELOPMENT CORPORATION vs CLUB PANOLY RESORTS, INC.
The instant Petition for Review dated 19 March 2005 and filed on 21 March 2005 suffers from the following defects:...
Promulgated on 2005-04-28

216. CA GR CR 28224: People vs. Washington Fanged, et al
After several assurances from a couple that the latter owned a house and lot with a clear title, the purchaser paid them its price, only to find out that the same property was the subject of a legal tug-of-war between the previous owner-seller and the sai...
Promulgated on 2005-04-28

217. CA GR CV 70726: Sps. Flordelino and Pastora Arellano vs. Sps. Jose and Agustina Perdido
Spouses Jose Perdido and Agustina Azardon appeal from the Judgment dated 09 February 2001 of the Regional Trial Court (RTC) of Nueva Vizcaya, Branch 37, in LRC Case No. 276,...
Promulgated on 2005-04-28

218. CA GR SP 89077: Virginia vda. de Florentino vs. Hon. Amalia Fabros, et al
This is a Petition for Annulment of Judgment/Order with Prayer for Temporary Restraining Order/Preliminary Injunction filed under Rule 47 of the Rules of Court seeking to annul the Order dated November 4, 2004 issued by the Regional Trial Court in Pasig...
Promulgated on 2005-04-28

219. CA GR CV 61333: Agapito Mendoza, et al vs. Alfonso Tuzon, et al
On appeal is the Decision1 dated April 15, 1998 rendered by the Regional Trial Court, Branch 76, Quezon City in Civil Case No. Q-32628 in favor of plaintiffs-appellees Agapito S. Mendoza and Gloria B. Mendoza and against defendants-appellants Alfonso Tuz...
Promulgated on 2005-04-28

220. CA GR SP 81403: Rosario A. Baladjay vs. Judge of RTC Br.57 Mkti City and the People
On February 24, 2003, John Madrigal, charged Rosario Baladjay (or "petitioner"), Saturnino Baladjay, Cabral, Fuentebella, Castulo and Pagtalunan before the Office of the City Prosecutor of Makati City with the crime of estafa...
Promulgated on 2005-04-28

221. CA GR CV 78827: Laudemer Aquino vs. Republic of the Philippines
The Office of the Solicitor General is now before us on appeal from the Decision (Records, pp. 116-124) of the Regional Trial Court of Pasig City, Branch 19, dated 17 February 2003 in JDRC No. 5093 for Declaration of Nullity of Marriage, the dispositive...
Promulgated on 2005-04-28

222. CA GR CV 70550: Estate of Julian M. Tallano, et al. vs. Sps. Crispin B. Magsino, et al.
This is an appeal from the December 20, 2000 Order issued by the Regional Trial Court (Branch 131), Caloocan City in Civil Case No. C-19115....
Promulgated on 2005-04-28

223. CA GR SP 89191: JULIUS ANTHONY DELA CRUZ vs GIFT AND PARCEL. INC., et al.
The instant Petition for Certiorari dated April 5, 2005 suffers from the following defects:...
Promulgated on 2005-04-28

224. CA GR SP 77523: JOSELITO GRAJO, and LIZA GRAJO vs NOLI B. KARE
This is a Petition for Review under Rule 42 of the 1997 Rules of Civil Procedure seeking to set aside the decision1 dated March 25, 2003 of the Regional Trial Court of Tabaco City, Branch 15, rendered in the exercise of its appellate jurisdiction in C...
Promulgated on 2005-04-28

225. CA GR SP 73674: CELIA S. VDA. DE HERRERA vs COMMISSION ON THE SETTLEMENT OF LAND PROBLEMS, et al.
Before us is a Petition for Certiorari With Prayer for Preliminary Injunction/Temporary Restraining Order under Rule 65 of the 1997 Rules of Civil Procedure, filed by Celia S. Vda. de Herrera,1 assailing the Resolution2 of the Commission on the Settlem...
Promulgated on 2005-04-28

226. CA GR CV 80935: Gwendolyn P. Feliciano vs Rep. of the Phils.
This is an appeal from the decision dated May 20, 2002 of the Regional Trial Court of Cavite, Branch 18, Tagaytay City, in LRC No. TG-862 entitled In the Matter of the Registration of Real Property, Gwendolyn P. Feliciano, Applicant.The facts of this case...
Promulgated on 2005-04-28

227. CA GR CV 60735: Leandro SP. Lindain, et al. vs. Raymundo Sese, et al.
Before this Court is an appeal from the February 20, 1998 Decision of the Regional Trial Court (RTC), Branch 75, Valenzuela, Metro Manila, in Civil Case No. 4591-V-95, an action for the collection of money, damages, and attorney's fees...
Promulgated on 2005-04-27

228. CA GR CV 77177: MARINA VALEZA, FLORENCIA VALEZA ET AL VS FRANCISCA MAPA
On appeal by plaintiffs-appellants are the Orders dated 3 January 2003 and 28 January 2003 of the Regional Trial Court of Virac, Cantanduanes, Branch 43, in Civil Case No. 1917 for Possession and Ownership with Accounting of Rental, entitled Marina Valeza...
Promulgated on 2005-04-27

229. CA GR CV 75460: FELICITAS ROMERO ASUNCION VS CARMELITA ROMERO PEREZ ET AL
On Appeal is the Decision1 dated 30 April 2002 of Branch 46 of the Regional Trial Court of Urdaneta City in Civil Case No. U-7033,the dispositive portion of which reads:WHEREFORE, premises considered, this Court could not but let the scale of justice tip...
Promulgated on 2005-04-27

230. CA GR CV 76931: NEMIA M. CASTRO VS AMELIA G. PAREDES
Factual findings of the trial court are entitled to great weight and respect and are thus to be left undisturbed on appeal save in exceptional cases, none of which is present here....
Promulgated on 2005-04-27

231. CA GR SP 72278: PHIL-VILLE DEVELOPMENT and HOUSING CORPORATION VS THE HONORABLE ANTONIO J. FINEZA ET.AL.
This is a petition1 for certiorari and prohibition, under Rule 65 of the 1997 Rules of Civil Procedure, filed by petitioner Phil-Ville Development and Housing Corporation (Phil-Ville) seeking to annul and set aside the orders dated April 3, 2002 and June...
Promulgated on 2005-04-27

232. CA GR SP 78392: Megaworld Properties & Holdings, Inc. and Andrew Tan vs Hon. Judge Mariano M. Singzon, Jr.
Before us is the petition for certiorari filed by petitioners Megaworld Properties and Holdings, Inc. (MEGAWORLD), Empire East Land Holding, Inc. (EMPIRE EAST), and Andrew Tan seeking to set aside the Order dated November 5, 2002...
Promulgated on 2005-04-27

233. CA GR CV 74620: Antonio Macario, Jr. vs Sps. Ignacio & Florecia Macario, et al
This is an appeal from the November 10, 1999 and July 21, 2000 Orders of the Regional Trial Court (RTC), Branch 37, Manila. The first order dismissed petitioner-appellant Antonio Macario, Jr.?s complaint while the second order denied his motion for the...
Promulgated on 2005-04-27

234. CA GR CV 70936: Agripina S. Abalos, et al. vs Marcelina Olaybar, et al.
Before us is plaintiffs-appellants' appeal from the Decision dated January 28, 2001 of Branch 68 of the Regional Trial Court of Lingayen, Pangasinan (the lower court) in Civil Case No. 17739....
Promulgated on 2005-04-27

235. CA GR CV 71167: Summa Lending Corp. vs. Sps. Roman and Mercedita Robledo, et al.
Before this Court is an appeal from the Decision dated March 19, 2001 of the Regional Trial Court (RTC) of Batangas, Branch 13, Lipa City, in Civil Case No. 98-0045 for judicial foreclosure of mortgage rendered in favor of plaintiff-appellee....
Promulgated on 2005-04-27

236. CA GR CR 28006: PEOPLE OF THE PHILIPPINES vs REGGIE GABARDA y REYES
This is an appeal interposed by Reggie Gabarda (hereafter appellant) from the Decision dated October 17, 2003 rendered by the Regional Trial Court (hereafter RTC), Branch 121, Caloocan City in Criminal Case No. C-66227 for robbery, the dispositive portion...
Promulgated on 2005-04-27

237. CA GR SP 47165: Atty. Augusto B. Schneider vs. Mayor Roger S. Padilla, et al.
Before this Court on appeal are the two (2) Orders both dated Nov 17, 1997 rendered by the RTC, Branch 40, Daet, Camarines Norte, in Civil Case No. 6413 for prohibition, restraining order, mandatory injunction and damages....
Promulgated on 2005-04-27

238. CA GR CR 28647: YOLANDA MARFIL vs PEOPLE OF THE PHILIPPINES &/or MARIBEL STA. ANA,
This is a petition for review under Rule 42 of the 1997 Rules of Civil Procedure, as amended, seeking to set aside the Decision dated July 15, 2004, of the Regional Trial Court (hereafter RTC), Branch 15, Malolos Bulacan, in Criminal Case Nos. 236-M-04 an...
Promulgated on 2005-04-27

239. CA GR SP 84811: Maersk Filipinas Crewing, Inc., et al. vs NLRC (third division) and Ramon Nazareno
Before us is the Petition for Certiorari filed by Maersk Filipinas Crewing Inc./Elite Shipping A/S under Rule 65 of the Rules of Court. The petitioners seek the annulment of (1) the Decision of the National Labor Relations Commission - 3rd Division...
Promulgated on 2005-04-27

240. CA GR SP 86580: SPS. GUENTER & MARION GRUMBACH vs. HON. MRS. LIZA P. JACKSON
For consideration is the Motion to Withdraw Appeal filed by counsel for the petitioners stating that on April 4, 2005, he received a letter from the petitioners requesting him to drop or withdraw their appeal pending before the Court of Appeals due to t...
Promulgated on 2005-04-27

241. CA GR SP 83523: Antonio V. Martel, Jr. vs The Regional Trial Court of Las Pi?as City Branch 198, et al.
Before us is a Petition for Certiorari under Rule 65 of the Rules of Court filed by petitioner Antonio V. Martel, Jr. (Martel) to nullify: the Order dated July 9, 2003 of the Regional Trial Court (RTC), Branch 200, Las Pinas City...
Promulgated on 2005-04-27

242. CA GR CV 71438: Landmines Realty Dev't. Corp. vs Petra VDA. de San Roque
On October 17, 1997, herein plaintiff-appellee Landmines Realty and Development Corporation, represented by Josefino L.Soriano, filed a complaint for Recovery of Possession before the Regional Trial Court of Malolos, Bulacan....
Promulgated on 2005-04-27

243. CA GR CV 72256: Marilou Q. Castro vs. Republic of the Philippines
Before the RTC of Quezon City (Branch 80) was a petition for reconstitution of the original, and for issuance of a new owner's duplicate, of Transfer Certificate of Title No. 151244 of the Registry of Deeds of Quezon City allegedly issued to M. Dimayuga...
Promulgated on 2005-04-27

244. CA GR CV 67435: Heirs of Leonora Cruz vs Ricardo Cruz et.al.
This is an appeal from the Decision of the Regional Trial Court of Malolos, Bulacan, dated May 17, 1999 which ordered defendants Sps. Ricardo and Guillerma Cruz, Jade Mountain Products Co., Chang Linfair, Willy Co and Fermin Manzano to 1) cease and des...
Promulgated on 2005-04-27

245. CA GR CV 71623: Lubag Food Corp. vs Metropolitan Bank And Trust Co. et.al.
On October 9, 1997, plaintiff-appellant LUBAG FOOD CORPORATION filed this instant case for Damages against defendants-appellees METROPOLITAN BANK & TRUST CO. and the MANAGER, Espana Branch, based on the following factual antecedents, to wit:...
Promulgated on 2005-04-27

246. CA GR CV 71579: ExcelGard Security And Research Sevices Inc. vs Manila Electric Company et.al
The following facts are indubitably established:On September 28, 1994, ALL STAR PROTECTION & RESEARCH INC., through Urbano Caasi III, applied for an electric service for its office located at 908 A. H. Lacson Street, Sampaloc, Manila with MANILA ELECTRIC...
Promulgated on 2005-04-27

247. CA GR SP 81378: University of Santo Tomas, et al. vs Roque D.A. Dator
Before us is the petition for certiorari filed by petitioner University of Sto. Tomas (UST) praying that we nullify the National Labor Relations Commission's (NLRC) decision and its order denying the petitioner's motion for reconsideration...
Promulgated on 2005-04-27

248. CA GR CR 27776: People of the Philippines vs Gil Fernadez Y Aldecoa, Jr.
Before us is the appeal by the accused-appellant Gil Fernandez (appellant) from the decision of the Regional Trial Court of Paranaque, Branch 259, finding him guilty beyond reasonable doubt of violating Section 11, Article II of Republic Act 9165....
Promulgated on 2005-04-27

249. CA GR CV 71597: Wilson Lim Sy vs. Mercedes Yulo Tan Uy; R.P.
Before Us on appeal is the August 13, 2001 Decision of the Regional Trial Court, Branch 107, Quezon City, which declared the marriage between petitioner-appellee Wilson Lim Sy and respondent Mercedes Yulo Tan Uy void ab initio on the ground of psychologic...
Promulgated on 2005-04-27

250. CA GR CR 27664: People vs. Franklin Eduardo, et al.
AMENDED DECISION. Accused-appellants Franklin Eduardo and Benjamin Bote seek this Court's reconsideration of our decision in the instant case, which was promulgated on November 12, 2004....
Promulgated on 2005-04-27

251. CA GR SP 79422: Gilbert & Leonor Baquing vs. Iluminada Cabato-Cortez, Baguio City Register of Deeds
On Sept 25 '03, petitioners filed a petition for certiorari seeking to nullify and set aside the Apr 10 '03 Order, dismissing Civil Case No. 5018-R, and the July 31 '03 Order, denying petitioners' Motion for Reconsideration....
Promulgated on 2005-04-27

252. CA GR SP 85273: Commisioner of Internal Revenue vs. Benito Legarda, Inc.
On July 22 '04, the instant petitioner, Commissioner of Internal Revenue, filed before this Court a Motion for Extension of Time to File Appeal from the July 1, 2000 Resolution issued by the Court of Tax Appeals...
Promulgated on 2005-04-27

253. CA GR SP 86164: GAY T. LEANO ET AL VS LEONARDO, EUGENIA, NITA,LUIS AND ROSALINDA, ALL SURNAMED TARONA ET AL
Assailed by Gay T. Leano and Lemuel T. Leano (Plaintiffs-Appellants) under Rule 43 of the Rules of Court are the January 16,2004 decision in DARAB Case No. 9496 of the Department of Agrarian Reform Adjudication Board (DARAB) and its August 6, 2004 resolut...
Promulgated on 2005-04-27

254. CA GR SP 88104: Chris Garments Corp. vs. Chris Garments Supervisory Employees Asso.
The petitioner Chris Garments Corporation in this petition for review seeks nullification of the June 3, 2004 Decision1 of the Honorable Secretary of Labor in OSEC-VA-2004-003 [NCMBNCR- PM-01-017-04]....
Promulgated on 2005-04-27

255. CA GR CV 81924: Maxima Vda. de Bocalbos vs. Sps. Melecio and Dolores, et al.
This is an appeal interposed by appellants Spouses Melecio and Dolores Benosa, et. al., from the Joint Decision rendered by the Regional Trial Court, Branch 17, Tabaco City...
Promulgated on 2005-04-27

256. CA GR CV 80117: Jacinto Sonto vs. Alfredo Escarilla, et al.
This is an appeal interposed by Alfredo Escarilla from the Decision in Civil Case No. TM-666 rendered on November 19, 2002 by RTC Trece Martires City, Br. 23...
Promulgated on 2005-04-27

257. CA GR CR 27897: People vs. Angelina Lim y Gay
Angelina Lim y Gay appeals the Decision1 of the Regional Trial Court of Mandaluyong City, Branch 214 in Criminal Case No. MC-01-4374-D....
Promulgated on 2005-04-27

258. CA GR SP 89062: Aldwin L. Esguerra vs. Harold R. Flores, et al.
This is a petition for certiorari under Rule 65 of the Revised Rules of Civil Procedure, assailing the Resolution of the Regional Trial Court1 of Bayombong, Nueva Vizcaya, Branch 28...
Promulgated on 2005-04-27

259. CA GR SP 84643: Asiatrust Development Bank vs. Sps. Sadikul and Juana Sahali
The petition seeks the review of the Decision rendered by the Office of the President, the same is hereunder substantially reproduced, as follows: This resolves the appeal filed by complainant-appellant from the Decision of the Housing and Land Use Regul...
Promulgated on 2005-04-27

260. CA GR SP 85279: EMELITA DELA CRUZ vs. PATRICIA A. STO. TOMAS
This is a special civil action for certiorari under Rule 65 of the 1997 Rules of Civil Procedure, as amended, which seeks to set aside the Decision dated May 6, 2004 of Acting Secretary Manuel G. Imson and the Resolution dated May 21, 2004 of Secretary P...
Promulgated on 2005-04-27

261. CA GR SP 82267: Marcial S. Corpuz vs. Ernesto B. Maur, et al.
This is an appeal from the decision1 of the Regional Trial Court, Branch 39 of the City of Calapan, Mindoro, in Special Proceeding No. R-4938 for Quo Warranto, Certiorari, Prohibition and Mandamus....
Promulgated on 2005-04-27

262. CA GR CV 78390: Benjamin L. Angelio vs. Rural Bank of Baguio, Inc, et al.
Before Us is an appeal of the Order dated January 22, 2003 penned by Judge Edilberto T. Claravall of the Regional Trial Court, Branch 60, Baguio City in Civil Case No. 5313-R. The action for nullification of foreclosure proceedings and damages was brough...
Promulgated on 2005-04-27

263. CA GR CV 67521: Borden International Philippines, Inc. vs Anchem Sales, Inc. and Jose Uy
Before us is the appeal by the defendants-appellants Anachem Sales Inc. (Anachem) and Jose Uy (Uy) [collectively, the defendants-appellants] from the Decision rendered by Branch 20 of the Regional Trial Court of Manila (the lower court)...
Promulgated on 2005-04-27

264. CA GR SP 78130: Florentino R. Reyes Jr. vs Hon. Jules A. Mejia et.al.
This is a Petition for Certiorari under Rule 65 of the Revised Rules of Court seeking to set aside the September 7, 2000 Order setting the case for pre-trial conference for the purposes of identification and pre-marking of documentary exhibits as well as...
Promulgated on 2005-04-27

265. CA GR SP 81840: David Barrameda, Jr., et al. vs. The Presiding Judge, RTC, Naga, Br. 24, et al.
Before us is a special civil action for certiorari, under Rule 65 of the 1997 Rules of Civil Procedure, assailing the Decision, dated September 18, 2003 and Orders, dated November 12, 2003 and November 28, 2003, of the Regional Trial Court (RTC) of Naga...
Promulgated on 2005-04-27

266. CA GR CV 74172: Hrs. of Paulino Garcia & Juana Garcia, etc. vs. Republic of the Philippines
In the present appeal, the oppositor-appellant assails the August 31, 2001 decision1 of the Regional Trial Court of Urdaneta, Pangasinan, Branch 47 in Petition Case No. U-1657,...
Promulgated on 2005-04-27

267. CA GR SP 81012: SMC Employees Union vs. San Miguel Corporation
Before the Court is a Petition for Review pursuant to Rule 43 of the 1997 Revised Rules of Court assailing the 19 August 2003 and 03 November 2003 Decisions of Voluntary Arbitrator Jesus B. Diamonon in the case before the Office of the Voluntary Arbitrat...
Promulgated on 2005-04-27

268. CA GR SP 83984: Light Rail TRansit vs. NLRC, et al
Assailed in this petition for certiorari under Rule 65 is the Resolution dated December 30, 2003 dismissing the separate appeals of Light Rail Transit Authority and Metro Transit organization, Inc. and affirming the decision dated October 10, 2003 of La...
Promulgated on 2005-04-27

269. CA GR SP 88558: Megaforce Security vs. NLRC, et al
Assailed in this petition for certiorari under Rule 65 is the Resolution dated April 30, 2004 reversing the Decision dated August 26, 2003 of the Labor Arbiter which dismissed private respondent s complaint for illegal dismissal, as well as the Resolutio...
Promulgated on 2005-04-27

270. CA GR SP 78335: Trinidad Cunanan vs. Modesto Fajardo, et al
This is a petition for review filed under Rule 43 seeking to reverse and set aside the Decision dated June 10, 2003 of the Office of the President (OP) affirming in toto the Decision dated March 18, 1997 of the Housing and Land Use Regulatory Board (HL...
Promulgated on 2005-04-27

271. CA GR SP 78185: Coca-Cola Bottlers vs. Cornelio Dalog, et al
On the procedural aspect, private respondents alleged that the petition for certiorari should have been dismissed outright for having been filed out of time. In support thereof, private respondents once again cited Ciacico vs. NLRC (313 SCRA 324)....
Promulgated on 2005-04-27

272. CA GR SP 87455: Divina Patacsil Alvaro et.al., vs Hon. Edilbetro Claravall et.al.,
In this petition for certiorari and mandamus under Rule 65 of the 1997 Rules on Civil Procedure, the petitioners seek: (1) to set aside the July 1, 2004 Decision of the Regional Trial Court of Baguio City, Branch 60 in Civil Case No. 5261-R and the August...
Promulgated on 2005-04-27

273. CA GR SP 88696: San Juan General SErvices, et al vs. Pedro Donacao Jr. et al
Assailed in this petition for certiorari under Rule 65 is the Order dated July 5, 2004 affirming the appealed decision of the Regional Director which directed the petitioners to pay private respondents their claims for wage differentials, overtime pay,...
Promulgated on 2005-04-27

274. CA GR SP 88920: Pedro Renato Ballares vs. Aurora R. Ballares
The petition appears to have been filed out of time in violation of Section 1, Rule 42, Revised Rules of Court....
Promulgated on 2005-04-27

275. CA GR SP 72994: Caltex (Phils.), Inc., et al. vs. Hon. Placido C. Marquez, etc., et al.
Consolidated with SP 73793. At bar are two consolidated petitions for certiorari,1 both challenging the orders of the public respondent Judge Placido C. Marquez dated July 2, 2002 and August 30, 20023, denying for lack of merit the private respondents? m...
Promulgated on 2005-04-27

276. CA GR SP 79150: Career Philippines Shipmanagement, Inc., et al. vs. N.L.R.C. & Jeremias S. Roman, Jr.
In this petition for certiorari under Rule 65 of the Revised Rules of Court, the petitioners seek to annul, for having been issued with grave abuse of discretion amounting to lack or excess of jurisdiction, the June 20, 2003...
Promulgated on 2005-04-27

277. CA GR SP 54522: Philippine Bank of Communications, etc. vs. Hon. Alfredo Cajigal, etc., et al.
Assailed in this special civil action for certiorari is the Order dated June 29, 1999 of the Regional Trial Court of San Fernando City, La Union, which denied the Motion for Issuance of a Writ of Possession....
Promulgated on 2005-04-27

278. CA GR CR 27424: People vs. Emelinda Molines
Before this Court is a Motion to Lift Entry of Judgment1 filed by accused appellant, through its new counsel, alleging that the resolution of this Court dated September 29, 2004 declaring the present appeal as abandoned and dismissed was based solely on t...
Promulgated on 2005-04-27

279. CA GR CR 00455: People vs. Pedro Buado, Jr. y Cipriano
HC - In a decision dated May 05, 2003 in Criminal Cases Nos. 912-V-99 and 974-V-99, Branch 171 of the Regional Trial Court of Valenzuela City convicted PEDRO BUADO, JR. y CIPRIANO of two (2) counts of rape penalized under Article 335 of the Revised Penal...
Promulgated on 2005-04-27

280. CA GR CR 00120: People vs. Henry Guerrero y Agripa
H.C. - On appeal is the Judgment, dated January 28, 2003, of the Regional Trial Court (RTC) of Quezon City, Branch 94 rendered in Criminal Case No. Q-98-77784....
Promulgated on 2005-04-27

281. CA GR CV 67307: William Ong vs. Conchita K. Lim, et al.
This is an appeal from the Decision dated October 22, 1999 issued by the Regional Trial Court, First Judicial Region, Branch 44, Dagupan City in Civil Case No. 96-01005-D,...
Promulgated on 2005-04-27

282. CA GR SP 86693: Citibank N.A., et al. vs. Lucille Edwards Venturanza, et al.
Assailed in this special civil action for certiorari are the Orders, dated April 5, 2004 and July 19, 2004, of the Regional Trial Court of Makati City, Branch 135, rendered in Civil Case No. 00-1050....
Promulgated on 2005-04-27

283. CA GR CV 80978: METROPOLITAN BANK & TRUST CO., vs. SPOUSES VICENTE C. LIM. et al.
Perusing over the arguments raised in appellant￯﾿ᄑs Motion for Reconsideration and those contained in appellee's Comment thereto, We find the Motion for Reconsideration offering no justification to compel a modification or reversal of Our Decisio...
Promulgated on 2005-04-27

284. CA GR SP 80966: Venutek Medica, Inc. vs. NLRC, et al.
Petitioner Venutek Medika, Inc., (Venutek, for brevity), one of the respondents-appellees below, comes before the Court, on a petition for certiorari, under Rule 65 of the 1997 Rules of Civil Procedure, assailing the Decision, dated June 30, 2003, and R...
Promulgated on 2005-04-27

285. CA GR SP 88333: Romeo Deoso, Jr vs. Hon. Raul de Leon, et al
This is a petition for prohibition and injunction directed against public respondent s acts in denying petitioner s prayer for the issuance of a temporary restraining order and/or preliminary injunction in the suit for annulment of foreclosure proceedi...
Promulgated on 2005-04-27

286. CA GR SP 88875: Dr. Ulysses A. Brito vs. Office of the Deputy Ombudsman for Luzon, et al.
Before Us is a Petition for Certiorari under Rule 65 of the 1997 Revised Rules of Civil Procedure seeking to annul and set aside the Order dated 07 December 2004 of the Office of the Deputy Ombudsman for Luzon...
Promulgated on 2005-04-27

287. CA GR SP 86693: CITIBANK N.A., CITICORP FINANCIAL SERVICES AND INS. BROKERAGE vs. LUCILLE EDWARDS VENTURANZA, et al.
Assailed in this special civil action for certiorari are the Orders, dated April 5, 2004 and July 19, 2004, of the Regional Trial Court of Makati City, Branch 135, rendered in Civil Case No. 00-1050....
Promulgated on 2005-04-27

288. CA GR CV 69677: Pedro Salazar vs. Hector B. Cari?o, et al.
At the heart of the instant appeal from the Orders dated 27 October 2000 and 06 December 2000 of the Regional Trial Court of Legazpi City, Branch 4, in Civil Case No. 9844, is the issue of whether plaintiff?s failure to promptly move for the setting of th...
Promulgated on 2005-04-27

289. CA GR CR 00670: People of the Philippines vs. Gerry Corpuz Y Baldedomar
Henious Crime. This is an appeal assailing the decision of the Regional Trial Court of Makati City, Branch 65, in Criminal Case Nos. 02-2373 and 02-2374....
Promulgated on 2005-04-27

290. CA GR CR 29197: People vs. Demetrio Cangas, Jr
Acting on the Judicial Records Division Report dated April 19, 2005 stating with standing warrant of arrest, the Court resolves to DISMISS the appeal pursuant to Sec. 8, Rule 124, Revised Rules of Criminal Procedure....
Promulgated on 2005-04-27

291. CA GR CV 83793: Alrex Garland Bracewell vs. Maureen Santiago
There being no Appellant?s Brief filed despite receipt of notice to file brief, per Judicial Records Division Report dated April 14, 2005, the Court resolves to DISMISS the appeal pursuant to Sec. 1(e), Rule 50, 1997 Rules of Civil Procedure....
Promulgated on 2005-04-27

292. CA GR SP 82540: A. DE VERA CORPORATION VS. HON. NAPOLEON E. INOTURAN, ET. AL.
May a petition to annul a foreclosure sale and to cancel the corresponding certificate of sale, be filed even before the mortgagee-purchaser takes possession of the properties? This is the sole issue involved in this petition for certiorari....
Promulgated on 2005-04-27

293. CA GR CV 76941: Vidad vs. Merlinda Millado, et al
This is an appeal from the decision (Judgment Amended)1 dated July 29, 2002 of the Regional Trial Court of Tarlac City, Branch 64 in Civil Case No. 9148, the dispositive portion of which reads as follows:...
Promulgated on 2005-04-27

294. CA GR CV 75181: Ma. Rosario Bulaon vs. Zoilo Severino Dejaresco
This is an appeal from the Decision (Records, pp. 145-148) of the Regional Trial Court of Pasig City, Branch 151, dated 26 February 2002 in JDRC Case No. 4694 for Petition for Declaration of Nullity of Marriage filed by petitioner-appellant Maria Rosari...
Promulgated on 2005-04-27

295. CA GR CR 27873: PEOPLE VS. ELISEO RAQUEL y GUTIEREZ
This is an appeal from the decision dated 10 September 2003 of the Regional Trial Court, Branch 272, Marikina City, finding accused-appellant guilty beyond reasonable doubt of the crime of homicide....
Promulgated on 2005-04-27

296. CA GR CV 61595: Consolidated Orient Leasing and Financing Corp. vs. Ruben Panganiban, et al.
Assailed in this appeal is the September 24, 1998 Decision of the Regional Trial Court of Makati, Branch 133, rendered in favor of plaintiff-appellee Consolidated Orient Leasing & Finance Corporation and against defendantappellant Luis Bernabe, Jr....
Promulgated on 2005-04-27

297. CA GR CV 83503: CENTENNIAL BANK, vs.MYRNA SD DULOG, et al.
Considering the report of the Judicial Records Division, the instant appeal is ordered DISMISSED, pursuant to Sec. 1 (e), Rule 50 of the 1997 Rules of Civil Procedure, for failure of the defendants-appellants to file brief....
Promulgated on 2005-04-27

298. CA GR SP 81959: Bonaventure Transport vs. NLRC, et al
Filed on February 2, 2004, this petition for certiorari under Rule 65 of the Revised Rules of Court presents the simple legal issue of whether public respondent NATIONAL LABOR RELATIONS COMMISSION [NLRC] should foreclose the appeal on the ground that it...
Promulgated on 2005-04-27

299. CA GR CV 71287: Whelma Lanzuela vs. Rosario M. Arrieta, et al.,
This is an appeal from the decision of the Regional Trial Court of Manila, Branch 14, in Civil Case No. 96-77844, resolving a complaint for breach of contract and damages in favor of plaintiffappellee, Whelma Lanzuela (Lanzuela, for brevity)...
Promulgated on 2005-04-27

300. CA GR CR 28145: People vs Analyn Teruel
On appeal is the Decision of the Regional Trial Court of Caloocan City, Branch 127, dated January 21, 2004 in Criminal Case No. C-6806 finding accused-appellant guilty beyond reasonable doubt of violating Section 11, Article II of R.A. No. 9165, as amende...
Promulgated on 2005-04-27

301. CA GR SP 89001: Bienvenido Ejercito, et al. vs. Hon. Marie Christine A. Jacob,et al.
Before us is a petition for certiorari with a prayer for temporary restraining order seeking to nullify and set aside the Order dated November 8, 2004 issued by respondent Regional Trial Court of Quezon City, Branch 100, in Civil Case No.Q-04-53687 whi...
Promulgated on 2005-04-27

302. CA GR CR 18708: People vs. Joel Bitara
A barangay dance held on the eve of the fiesta of San Jose, Malilipot, Albay erupted into an ugly brawl. After the fighting had stopped, Victorino Bigtas Jr. lay dying with a stab wound in the chest....
Promulgated on 2005-04-27

303. CA GR SP 61502: Priscilla Lazaro-Baldazo vs. Ricardo Gonzaga
This petition for review1 seeks to annul the decision dated June 21, 2000 of the Office of the Ombudsman, finding petitioner Priscilla L. Baldazo guilty of dishonesty and recommending her dismissal from service....
Promulgated on 2005-04-27

304. CA GR SP 74513: Priscilla Lazaro-Baldazo vs. Ricardo Gonzaga
This petition for review1 seeks to annul the decision dated June 21, 2000 of the Office of the Ombudsman, finding petitioner Priscilla L. Baldazo guilty of dishonesty and recommending her dismissal from service....
Promulgated on 2005-04-27

305. CA GR CR 00692: People vs. Yiu To Shing a.k.a. Allan Yao
H.C.- Appeal from the April 30, 1998 Decision of the Regional Trial Court of Quezon City, Branch 219, in Criminal Case No. Q96-68242, finding the accused-appellant Yiu To Shing a.k.a Allan Yao guilty beyond reasonable doubt of the offense of selling 859....
Promulgated on 2005-04-26

306. CA GR SP 85289: Manila Water Co., Inc. vs. Sec. of Justice Simeon A. Datumanong, et al.
Impugned in this petition for certiorari, as tainted with grave abuse of discretion, are: (1) The Resolution issued on July 15, 2003 by the Secretary of Justice, which denied herein petitioner's petition for review from the resolution dated April 22, 200...
Promulgated on 2005-04-26

307. CA GR SP 52222: Audio Optima Recording Corp. vs. N.L.R.C. & Czarina U. Pizarro
Assailed in this petition for certiorari is the Decision of the NLRC in NLRC NCR CA 013943-97 (NLRC NCR 00-08-05527-95), entitled ?Czarina U. Pizarro, Complainant, versus Audio Optima Recording Corp. (Member VICOR GROUP OF COMPANIES) and/or Leilani O. Cru...
Promulgated on 2005-04-26

308. CA GR SP 73508: DICFORA L. CARANAY vs. SPS. CYRUS JUDE & ESTRELLA AQUINO
Petitioner seeks the reconsideration of Our Decision dated May 14, 2004 which dismissed the petition. We have once more reviewed the issues in this petition particularly as they relate to the Motion for Reconsideration. We find no reason to reverse, alter...
Promulgated on 2005-04-26

309. CA GR SP 87611: BENEDICTO V. YUJUICO vs. RAUL B. DE MESA and JOSE F. ACETRE,
We have studied at length petitioner's Motion For Reconsideration and respondents' Comment thereto and found the motion not offering any sufficient justifiable reason to recall and set aside the resolution dismissing this case dated January 4, 2005....
Promulgated on 2005-04-26

310. CA GR CV 67454: Peter G. Gaspar vs Ceasar F. Custodio et.al
This appeal has its roots in an incident that occurred on September 20, 1999. On this date, the appellees cut down a couple of trees within the 717 square meter piece of land in Baguio City claimed and occupied by Peter G. Gaspar. On the succeeding day u...
Promulgated on 2005-04-26

311. CA GR CV 69036: Benjamin de Guzman vs. DBP et al
Accordingly, the appeal is considered WITHDRAWN and the case is deemed CLOSED and TERMINATED. Entry of Judgment is issued pursuant to Sec. 1 (b), Rule VII, IRCA....
Promulgated on 2005-04-26

312. CA GR SP 88871: PHILIPPINE NATIONAL OIL CO. et al. vs. HON. PATERNO V. TAC-AN, et al.
This petition for certiorari seeks to annul and set aside the Orders dated May 18, 2004, June 24, 2004, October 21, 2004, November 29, 2004 and January 3, 2005, issued in Civil Case No. 7364, entitled "Keppel Philippines Holdings, Inc. vs. Philippine ...
Promulgated on 2005-04-26

313. CA GR SP 89152: HEIRS OF AGUSTIN PEREZ vs. HEIRS OF CARMELO PEREZ,
The instant petition for review under Rule 42 is ordered DISMISSED for: (a) not containing a written explanation why service of a copy of the petition was not done personally as required by Section 11, Rule 13...
Promulgated on 2005-04-26

314. CA GR SP 86758: Trygve Bjorkas vs. Secretary of Justice, et al.
This petition for certiorari and prohibition with urgent prayer for the issuance of a writ of preliminary injunction and/or temporary restraining order (TRO) seeks to nullify the Resolution, dated May 6, 2004, of the Secretary of Justice in I.S. No. 02...
Promulgated on 2005-04-26

315. CA GR SP 78818: Leoncio Q. Bautista vs. Wilson Cham, et al.
Before this Court is a petition for annulment of the judgments rendered on February 4, 2002 by the Regional Trial Court, Branch 225, Quezon City in Civil Case No. Q-01-4493 and on February 15, 2001 by the Metropolitan Trial Court, Branch 38, Quezon City...
Promulgated on 2005-04-26

316. CA GR SP 82409: Alexandra Condominium Corp. vs. Laguna Lake Dev. Authority
Before this Court is a petition for certiorari with prayer for a temporary restraining order filed pursuant to Rule 65 of the Revised Rules of Court. It seeks to set aside the Order of the Laguna Lake Development Authority dated September 4, 2003 which e...
Promulgated on 2005-04-26

317. CA GR CV 83197: Sps. Cesario Gravador and Norma de Vera et al. vs. Asian Cathay Finance and Leasing Corp., et al.
In a Minute Resolution dated January 28, 2005, plaintiffs-appellants were granted an extension of forty-five (45) days from December 13, 2004 or until January 27,2005 within which to file their appellants? brief....
Promulgated on 2005-04-26

318. CA GR CR 27641: People vs. Luz Leyco
Appeal by writ of error by the accused-appellant Luz Leyco from the Decision1 dated June 10, 2003 of the Regional Trial Court of Makati City, Branch 148, in Criminal Case No. 02-2017, convicting her of the crime of estafa, defined and penalized under Art...
Promulgated on 2005-04-26

319. CA GR CV 80016: Golden Mix Corp. vs. R.P.
Up for consideration is the appeal taken by the Republic of the Philippines (hereafter the Republic for brevity) against the judgment favorable to the Application for Registration and Confirmation of Title filed by Golden Mix Corporation...
Promulgated on 2005-04-26

320. CA GR SP 80043: Cesar D. Goco vs. Office of the Ombudsman, et al.
Subject of this Petition for Certiorari is the Resolution and Decision of the respondent Ombudsman, both dated June 27, 2002, which dismissed the criminal and administrative cases, OMB-L-C-02-0276-C and OMB-L-A-02-0182-C, respectively, entitled Cesar D. G...
Promulgated on 2005-04-26

321. CA GR CR 00715: People of the Philippines vs. Ronilo Tartaquilla Y Suncio
Henious Crime. This is an appeal from the decision2 of the Regional Trial Court of Quezon City, Branch 106, finding the accused-appellant guilty beyond reasonable doubt of the crime of rape, sentencing him to suffer the penalty of reclusion perpetua and o...
Promulgated on 2005-04-26

322. CA GR CV 71488: Roberto Carlos, et al. vs. Arturo Alano, et al.
Challenged in this appeal is the Decision of the Regional Trial Court of Pasig City in a suit for Nullity of Sale and Recovery of Possession and Damages, with prayer for Preliminary Injunction,...
Promulgated on 2005-04-26

323. CA GR SP 83702: ARTEMIO S. SAN JUAN, JR. VS HON. JUDGE REYNALDO ROS ET.AL.
In this Petition for Certiorari1 filed under Rule 65 of the 1997 Rules of Civil Procedure, petitioner Artemio S. San Juan, Jr. San Juan) assails the Orders dated August 8, 2003,2 September 15, 2003,3 October 3, 20034 and February 5, 20045 issued by the R...
Promulgated on 2005-04-26

324. CA GR SP 83342: Cirilo Fuerte Maglaqui vs. Hon. Jaime T. Hamoy, et al.
This is a Petition for Certiorari with a prayer for the issuance of a Temporary Restraining Order and/or Writ of Preliminary Injunction seeking the nullification and setting aside of the Order dated 23 January 2004 of the Regional Trial Court of Calooc...
Promulgated on 2005-04-26

325. CA GR CV 81068: Ignacio Boncan II vs. PNB, et al.
The appellant Ignacio Boncan II (or Ignacio for brevity) filed before the Regional Trial Court in Quezon City a case for Sum of Money with Damages with TRO/Injunction against the appellants Philippine National Bank (or PNB) and/or Esmeralda Abella (or...
Promulgated on 2005-04-26

326. CA GR SP 85904: Batasan Hills Homeowners Asso, Inc. vs. Timothy Chuang, et al.
The suit at hand denominated as Certiorari and Prohibition on Appeal is a spin-off from that case for certiorari, Prohibition, Injunction and/or Temporary Restraining Order with Damages docketed as Civil Case No. Q-97-30968...
Promulgated on 2005-04-26

327. CA GR CV 56645: Sps. Macario & Vivian R. Mendoza vs. Banco Filipino Savings & Mortagage Bank
The instant appeal assails the decision1 of the Regional Trial Court (RTC) of Manila, Branch 28, which ruled for the dismissal of the plaintiffsappellees' complaint2 for damages with prayer for a temporary restraining order and/or preliminary injunction...
Promulgated on 2005-04-26

328. CA GR CR 28235: People of the Philippines vs. Edgardo Baltazar Y Sicat
Before this Court is an appeal by the accused-appellant assailing the September 2, 2003 decision1 of the Regional Trial Court (RTC) of Angeles City, Branch 62, in Criminal Case No. 97-676....
Promulgated on 2005-04-26

329. CA GR CV 64397: Lucita Galicia vs. Carmelito Candalla
Before Us is an appeal from the August 13, 1999 Decision1 of the Regional Trial Court (RTC), Branch 34, Manila, in Civil Case No. 95- 72678...
Promulgated on 2005-04-26

330. CA GR CR 27309: People vs. Constante Haloot
Appeal from the 2nd January 2003 Joint Decision1 of the Regional Trial Court of Baguio City, Branch 3, in Criminal Cases Nos. 18130-R, 18131-R, 18132-R, 18148-R and 18149-R, finding the accused-appellant Constante Haloot guilty beyond reasonable doubt...
Promulgated on 2005-04-26

331. CA GR CR 27618: PEOPLE VS MARK BRYAN PALOU
Search warrants to be valid must particularly describe the place to be searched and the persons or things to be seized.Mark Bryan Palou appeals the April 1, 2003 Judgment2 of the Regional Trial Court of Tarlac City in Criminal Case No. 11399,finding him g...
Promulgated on 2005-04-26

332. CA GR SP 86407: Heirs of Alberto Chua vs. Eusebio Uy
This petition for review under Rule 42 of the Rules of Court seeks to overturn: (1) The Decision dated December 4, 2003 of the Regional Trial Court of Manila, Branch 14, in Civil Case No. 03-107341, which affirmed the decision dated September 2, 2002 of...
Promulgated on 2005-04-26

333. CA GR SP 83022: Hipolito Bermudez, et al. vs. Hon. Reynaldo A. Alhambra, et al.
The present petition for certiorari filed under Rule 65, 1997 Rules of Civil Procedure assails the (i) Order dated January 5, 2004 in Civil Cases Nos. 86-34245 and 86-38251 of Branch 53, Regional Trial Court (RTC), Manila...
Promulgated on 2005-04-26

334. CA GR SP 82089: Philex Mining Corp. vs. Ava Jorge M. Manalo, et al.
Before us is a petition for review filed under Rule 43 of the 1997 Rules of Civil Procedure from the Decision and Order of the Honorable Voluntary Arbitrator Jorge M. Manalo of the National Conciliation and Mediation Board of Baguio City....
Promulgated on 2005-04-26

335. CA GR CV 65969: Darwin C. Tagatac vs. Municipal Civil Registrar, Batac, Ilocos Norte, et al.
This is an appeal from the Decision dated September 14, 1999 of Branch 17, Regional Trial Court, Batac, Ilocos Norte in SP. Proc. No. 3125-17 granting the petition for correction of entries in the certificate of live birth filed by petitioner-appellee Dar...
Promulgated on 2005-04-26

336. CA GR SP 87060: Elizabeth Dimaano-Sunga vs Hon. Ma. Luisa Quijano, et al.
Assailed in this petition for certiorari, as tainted with grave abuse of discretion amounting to lack or excess of jurisdiction, are: (1) The Order dated November 10, 2003 of Her Honor Ma. Luisa Quijano-Padilla, Presiding Judge of the Regional Trial Court...
Promulgated on 2005-04-26

337. CA GR CV 70015: SPS. GREGORIO AND LORETA CORPUZ-PASCUA, VS SPS. BRUNO DUGAY AND PACENCIA PASCUA-DUGAY
On Appeal is the Decision dated 6 November 2000 of Branch 23 of the Regional Trial Court of Roxas, Isabela in Civil Case No. 23-548-97 for Ownership,Possession and Damages,with prayer for Preliminary Mandatory Injunction and/or Temporary Restraining Orde...
Promulgated on 2005-04-26

338. CA GR SP 79617: Phil. Fresh Products, Inc., et al. vs. NLRC, et al.
On the ground that the Company?s failure to remit the employees? contribution and its share (as employer) to the Social Security System (SSS) is the cause of private respondent?s habitual tardiness, the Labor Arbiter and the respondent Commission had rule...
Promulgated on 2005-04-26

339. CA GR CV 66016: MANILA OCCIDENTAL MANAGEMENT, L.L.C., VS MODESTA R. SABENIANO ET AL
On Appeal is the Order dated 29 October 1999 of Branch 64 of the Regional Trial Court of Makati City in Civil Case No. 96-804, the dispositive portion of which reads:WHEREFORE, in view of the foregoing, the defendants MOTION TO DISMISS is GRANTED.The comp...
Promulgated on 2005-04-26

340. CA GR SP 73925: Catholic Bishop - Malolos vs. Judge - RTC Valenzuela City Br.75, et al
In this petition for certiorari under Rule 65 of the 1997 Rules of Civil Procedure, the petitioner assails the following actions of the respondent judge:...
Promulgated on 2005-04-26

341. CA GR SP 81130: Jovita Santos, etc., et al. v.s Cecilio Hernandez, et al.
At issue in this original petition for habeas corpus, filed by the duly appointed guardian and the guardian ad litem of the subject matter, is the right to custody over the incompetent Ma. Lourdes San Juan Hernandez....
Promulgated on 2005-04-26

342. CA GR SP 80100: Narciso Malanay, Sr. vs. Hon. Rodolfo R. Bonifacio, etc., et al.
Petitioner Narciso Malanay, Sr. Malanay) was charged with Acts of Lasciviousness in a criminal case ntitled "People vs. Malanay", docketed as Crim. Case No. 120708, before the Regional Trial Court of Pasig City....
Promulgated on 2005-04-26

343. CA GR CR 27889: People of the Philippines vs. Ronald Peralta
The accused-appellant appeals the judgment1 of the Regional Trial Court of Malolos, Bulacan, Branch 7, convicting him of the crime of Qualified Theft....
Promulgated on 2005-04-26

344. CA GR SP 76897: Ernesto Batang, et al vs. Danilo Malayao, et al
At bench is a petition for review of the Decision of the court a quo dated July 16, 2002 in Civil Case No. 5890,1 which affirmed in its entirety the Decision dated July 30, 2001 of Branch 2, Municipal Trial Court in Cities (MTCC), Tuguegarao City in Civil...
Promulgated on 2005-04-25

345. CA GR CV 83146: Heirs of Eugenia del Castillo, et al. vs. Blesilda del Castillo, et al.
Per Report of Judicial Records Division (JRD) dated 6 April 2005, appellants have failed to file their brief within the reglementary period....
Promulgated on 2005-04-25

346. CA GR SP 85723: GSIS FAMILY BANK (formerly COMSAVINGS BANK) vs. N L R C and RICARDO PORTUGUEZ
Challenged in this Petition for Certiorari are the: (a) Decision dated January 30, 2004 (Annex A, Petition, pp. 23-37, Rollo); and, (b) Resolution dated June 22, 2004 (Annex B, Petition, pp. 38-40, Rollo) issued in NLRC NCR CA No. 037015-03 (NLRC NCR C...
Promulgated on 2005-04-25

347. CA GR SP 81161: Estrella Villanueva vs. Hon. Fatima Gonzales-Asdala, et al.
In an Order dated 28 July 2003, the public respondent Regional Trial Court (RTC) of Quezon City, Branch 87, dismissed petitioner?s appeal from the Decision of the Metropolitan Trial Court (MeTC) of Quezon City, Branch 43, in Civil Case No. 283123....
Promulgated on 2005-04-25

348. CA GR SP 81857: Capwire Labor Union-NAFLU vs. NLRC, et al.
In this Petition for Certiorari, petitioner Capwire Labor Union (hereafter, Union) seeks to set aside the Decision1 dated 21 August 2003 of the National Labor Relations Commisision (NLRC), affirming the Order2 dated 6 September 2002 of the Labor Arbit...
Promulgated on 2005-04-25

349. CA GR SP 68730: Bases Conversion Development Authority vs. Rolando V. Quiachon, et al.
Challenged in this Petition for Review are: (1) the 28 Oct. 1999 Resolution and (2) the 26 November 2001 Order2 of the Commission for the Settlement of Land Problems (COSLAP) which declared that respondents are entitled to the subject lots located at Vi...
Promulgated on 2005-04-25

350. CA GR CV 82707: Roan dela Cruz-Sarmiento vs. The Local Civil Registrar of Dagupan City; R.P.
For the Court's resolution is oppositor-appellant's Motion to Withdraw Appeal filed by Office of the Solicitor General (OSG), praying for the withdrawal of its appeal from the Decision dated 12 February 2004...
Promulgated on 2005-04-25

351. CA GR CR 28734: People vs. Joel B. Concepcion
Per Report of the Judicial Records Division dated 12 April 2005, appellant failed to file his brief within the reglementary period....
Promulgated on 2005-04-25

352. CA GR CR 28692: People vs. Zenaida jTugade, 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 of appeal is lost....
Promulgated on 2005-04-25

353. CA GR SP 84337: Alberta D.J. Iglesias vs. Hon. Victor C. Fernandez, et al.
Over the years, civil service in the country has taken an unsavory public image. A good number of those who hold public office furtively accumulate wealth and openly live beyond their legitimate means. In a serious effort to curb the graft and corruption...
Promulgated on 2005-04-25

354. CA GR SP 72901: Ramon Manansala vs. National Housing Authority, et al
Before us is a petition for certiorari, prohibition, and mandamus with prayer for damages, restitution and other relief against the following Orders and Writ issued by the Metropolitan Trial Court (MeTC) of Caloocan City, Branch 53, to wit:...
Promulgated on 2005-04-25

355. CA GR SP 70210: Johnel L. Teopaco, et al. vs. Nuevena Francisco, et al.
Tenancy relationship cannot be presumed. All the elements establishing tenancy relationship must be proven by competent evidence. The absence of one requisite will not make the person a de jure tenant....
Promulgated on 2005-04-25

356. CA GR SP 67104: Mercy and Dante Manalaysay vs. Romalus Lending Investor
Before this Court is a petition for review under Rule 42 of the Rules of Court of the Amended Decision dated Sept 20, 2001 issued by the Regional Trial Court (RTC), Branch 2, Balanga, Bataan, in Civil Case No. 7261....
Promulgated on 2005-04-25

357. CA GR SP 84788: Michael G. Cordero vs. NLRC, Nissan North EDSA, et al
While it is well recognized that an employee's violation of lawful and reasonable company rules or regulations constitutes a just cause for his dismissal, it is also true that the application of such company rules must be done without abuse ......
Promulgated on 2005-04-25

358. CA GR CV 81897: Zita Dumaguing, et al vs. Julita delos Reyes, et al
Before this Court is an appeal from the Order dated January 13, 2004 of the Regional Trial Court, First Judicial Region, Branch 60, Baguio City in Civil Case No. 5015-R, entitled Zita G. Dumaguing and Zabrina D. Ibasco, Plaintiffs, versus Julita de los R...
Promulgated on 2005-04-25

359. CA GR SP 84029: Abelardo Lopez, et al. vs. Roberto Vallarta, Dept. of Agriculture, et al.
This is a Petition for Review on Certiorari filed by petitioners Abelardo Lopez, et al. seeking to reverse and set aside the Jan. 29 '04 Order, w/c denied their motion to stay execution and dismissed their appeal...
Promulgated on 2005-04-25

360. CA GR SP 87287: Heirs of Miguel Relleta vs. Carmen Marquez, et al
Before this Court is a Petition for Review under Rule 43 of the 1997 Rules of Civil Procedure assailing the Decision dated June 21, 2004 and the Resolution dated September 20, 2004 of the Department of Agrarian Reform Adjudication Board in DARAB Case No....
Promulgated on 2005-04-25

361. CA GR CV 60112: Bruno Paul Riesen vs. Republic of the Philippines
Before us is an appeal from the decision of the Regional Trial Court of Paranaque City in SP 98-017, promulgated on June 3, 1998, granting the petition by ordering the change of the surname of minor Bianca Peraleja, from Peraleja to Riesen....
Promulgated on 2005-04-25

362. CA GR CV 72668: Ricardo T. Leynes vs. Republic of the Philippines
On appeal before us is the decision of the Regional Trial Court of Iba, Zambales, Branch 70 dated June 28, 2001 granting the Petition For Correction Of Entry In The Certificate Of Live Birth Of Richard Valera....
Promulgated on 2005-04-25

363. CA GR CV 81064: Marlene Salonga vs. Henry Sible Lim
Before this Court is an appeal from the Decision dated December 22, 2003 of the Regional Trial Court, National Capital Judicial Region, Branch 26, Manila in Civil Case No. 00-98664 entitled MARLENE D. SALONGA, doing business under the name and style of M...
Promulgated on 2005-04-25

364. CA GR SP 81091: Phil. Ports Authority vs. Hon. Paterno V. Tac-an, et al.
This treats of the motion for reconsideration filed by herein private respondents on January 13, 2005 (Rollo, p. 515) directed against this Court?s order dated January 4, 2005...
Promulgated on 2005-04-25

365. CA GR SP 83737: Union Bank of the Phils. vs. Hon. Reuben P. dela Cruz, et al.
This pertains to the private respondents motion for reconsideration filed on 9 February 2005, seeking for the reconsideration of the Decision dated 18 January 2005...
Promulgated on 2005-04-25

366. CA GR SP 87922: Jose Gerardo M. Sanchez vs. Sps. Aloysius and Natasha Fortuna
A cursory evaluation of the records of the case shows that the petitioner failed to attach to the Petition for Review under Rule 43 of the 1997 Rules of Court, the following pertinent and material pleadings...
Promulgated on 2005-04-25

367. CA GR SP 89222: Peter Luigi Menci, et al vs. NLRC, et al
For consideration is the Petition for Certiorari with Prayer for the Issuance of Temporary Restraining Order and/or Preliminary Injunction seeking to reverse and set aside the resolutions dated January 27, 2005 and March 16, 2005 of public respondent Nat...
Promulgated on 2005-04-25

368. CA GR CV 57472: PNB, ET. AL. VS. D. B. TEODORO DEVELOPMENT CORP. ET. AL.
This is an appeal from the Decision1 of the RTC of Makati City, Branch 62, in Civil Case No. 12566, as an offshoot of the complaint for recovery of deficiency claims and reformation of the Certificate of Sale...
Promulgated on 2005-04-25

369. CA GR CV 81686: Dr. Miguel Domingo T. Jacalan III vs Sto. Tomas Univ. Hospital, et al
Appellant Santo Tomas University Hospital, a medical residency training hospital, feeling aggrieved by the decision1 dated August 12, 2003 of the Regional Trial Court (RTC) of Manila, Branch 21 in Civil Case No. 97-82152, filed this appeal ......
Promulgated on 2005-04-25

370. CA GR SP 68469: Guillermo R. Rendon vs. Atty. Pedro Vinoya, Onofre Ragudos, et al.
Before this Court is a Petition for Certiorari under Rule 65 of the Rules of Court which seeks to annul and set aside the Decision dated May 31, 2001 issued by the Regional Trial Court, Branch 69, Lingayen, Pangasinan...
Promulgated on 2005-04-25

371. CA GR CV 83322: Chan Kim Chuan vs. George Haw; R.P.
Oppositor-appellant, through the Office of the Solicitor General, filed a Motion for Extension to file its Brief dated 20 December 2004....
Promulgated on 2005-04-25

372. CA GR SP 63420: Sps. Edwin and Lorna Guevarra, et al. vs. Sps. Emmanuel and Sonia Grospe, et al.
For consideration before this Court is a Petition for Review under Rule 42 of the Rules Court which seeks to reverse and set aside the Joint Decision dated December 20, 2000 rendered by the Regional Trial Court, Branch 170, Malabon, Metro Manila...
Promulgated on 2005-04-25

373. CA GR SP 81107: Benjamin A. Sanchez vs. Teresita G. Narvasa
The constitutional right of the petitioner against the application of an ex post facto law is the chief issue in this petition for review filed by the latter against respondent Teresita G. Narvasa,...
Promulgated on 2005-04-25

374. CA GR SP 89376: Roberto Francisco, et al. vs. Hon. Rizalina T. Capco-Umali, etc., et al.
The herein petition for certiorari assails the August 17, 2004 Resolution of the court a quo (RTC, Br. 212, Mandaluyong City) and its subsequent resolution dated February 8, 2005, denying petitioners' Motion for Reconsideration....
Promulgated on 2005-04-25

375. CA GR SP 89392: Emilia T., doing business as Mei Hua vs. N.L.R.C. & Marilou R. Yba?
In the herein petition for certiorari, which assails the decision of the NLRC dated September 24, 2002 in NLRC NCR CA No. 02734601 and the Alias Writ of Execution dated May 20, 2004 issued by the Labor Arbiter in the said case, does not state the dates...
Promulgated on 2005-04-25

376. CA GR SP 86069: Ruben Alcaide vs. Gonzalo Puyat & Sons
For failure to raise new matter of substance that could warrant the reversal or modification of this Court s decision dated February 17, 2005, the respondent s Motion for Reconsideration is hereby DENIED for lack of merit....
Promulgated on 2005-04-25

377. CA GR CR 27088: People vs. Vilma Wee
On appeal before Us is the Decision, dated 05 November 2002, rendered by Hon. Judge Marissa Macaraig-Guillen of the Regional Trial Court of Makati, Branch 60, convicting herein accused-appellant Vilma Wee (hereafter Vilma) of violation of Section 74, in r...
Promulgated on 2005-04-25

378. CA GR CR 27291: People vs. Yolanda Pinlac
This is an appeal from the decision of the Regional Trial Court of Pasay City, Branch 117, dated 14 March 2003, in Criminal Case No. 01-1840, convicting the herein accused-appellant of the crime of Estafa....
Promulgated on 2005-04-25

379. CA GR CV 70921: Corazon Aniceto vs. Ofelia De Guzman, Peter and Angela Toma-ag
Before the Regional Trial Court of Baguio City (Branch 7) was an action for reformation of contract, replevin and damages filed by Corazon Aniceto (or "appellant") against Ofelia de Guzman and spouses Peter Tomaag and Angela Toma-ag...
Promulgated on 2005-04-25

380. CA GR SP 56967: Ramil Manlutac vs. Luningning Hermosa
For consideration before this Court is a Petition for Review under Rule 42 of the Rules of Court which seeks to reverse and set aside the Decision dated January 11, 2000 rendered by the Regional Trial Court, Branch 117, Pasay City...
Promulgated on 2005-04-25

381. CA GR SP 85088: Amanda Incorporated vs. Hon. Pedro Sunga, 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 Orders dated November 14, 2003 and June 21, 2004 rendered by respo...
Promulgated on 2005-04-25

382. CA GR SP 88912: Crisanto Feranco et al vs. NLRC, et al
Before Us is a petition for certiorari under Rule 65 of the Rules of Court with petitioners seeking the nullification and setting aside of the: (a) Decision of public respondent National Labor Relations Commission (hereafter NLRC), dated 07 May 2003, reve...
Promulgated on 2005-04-25

383. CA GR SP 76467: Asian Construction vs. NLRC, et al
This is a special civil action for certiorari under Rule 65 of the 1997 Rules of Civil Procedure with prayer for temporary restraining order and/or writ of preliminary injunction, seeking to nullify and set aside the decision of the NLRC dated July 31, 20...
Promulgated on 2005-04-25

384. CA GR CV 60998: HEIRS OF THE LATE MARCOS PEREZ VS. THE ESTATE OF PEDRO C. GONZALES, ET. AL.
This is an Appeal from the Decision1 dated February 2, 1998 of the Regional Trial Court (RTC) of Marikina City...
Promulgated on 2005-04-25

385. CA GR CR 27067: People vs. Noli Martin alias "Put-Tan"
On appeal before this Court is the decision1 dated September 27, 2002 of Branch 64 of the Regional Trial Court (RTC), of Abatan, Buquias, Benguet in Criminal Case No. 6496-CR-023 finding accused (now appellant) Noli Martin alias Put-tan Martin guilty...
Promulgated on 2005-04-25

386. CA GR CV 73353: AMELEINE JENNEFFER P. ONGKAUKO vs. THE REGISTER OF DEEDS OF SAN JUAN, et. al.
Presented for resolution of this Court is the appeal from the Decision (Records, pp. 545-554) of the Regional Trial Court of Pasig City, Branch 268, in Civil Case No. 65892 for "Annulment of Sale and Damages"...
Promulgated on 2005-04-25

387. CA GR CV 63730: NATHANIEL UCHI VILLACRUZ VS. THE CIVIL REGISTRAR OF QUEZON CITY
This is an appeal from the decision1 dated April 15, 1999 of the Regional Trial Court of Quezon City, Branch 89, in SP Proc. No. Q-98-33134...
Promulgated on 2005-04-25

388. CA GR CR 28188: People vs. Julius Basingan, et al
Circumstantial evidence is akin to a tapestry; it should be made up of strands which create a pattern when interwoven. To pluck out one strand and consider it alone will not evince any probative value. In this case, a resort to circumstantial evidence...
Promulgated on 2005-04-22

389. CA GR CV 79219: NAMACON Construction and Dev. Corp. vs. Engr. Edwin Arenas
This is an appeal from the decision dated 31 March 2003 of the Regional Trial Court, Branch 83, of Tanauan City, Batangas in Civil Case No. CV-0203-150 for Sum of Money with Damages with prayer for the issuance of Writ of Preliminary Attachment....
Promulgated on 2005-04-22

390. CA GR CV 78800: Aguida Vda. de Santiago vs. MERALCO, et al.
Before Us are the two consolidated appeals from the Decision of the Regional Trial Court Branch 18 of Malolos, Bulacan (RTC) in Civil Case No. 249-M-2000...
Promulgated on 2005-04-22

391. CA GR CV 74556: Sps. Rolando and Florencia Zabala, et al. vs. Iluminada Bernabe
Before this court is a petition for review the decision dated February 5, 2002 of the Regional Trial Court Branch 1 of Balanga City, Bataan docketed as Civil Case No. 7133....
Promulgated on 2005-04-22

392. CA GR CR 28527: People vs. Morris Lacson
Considering the Judicial Records Division (JRD) Report dated January 31, 2005 that counsel for accused-appellant did not comply with this Court s Resolution dated February 10, 2005...
Promulgated on 2005-04-22

393. CA GR SP 83132: Roval Transport Corp. et al vs. Sps. Jose Alania, et al
This petition for certiorari under Rule 65 of the Rules of Court with prayer for a temporary restraining order seeks the nullification of the order of public respondent in Civil Case No. 907 dated February 4, 2004, denying petitioner s Motion to Lift Writ...
Promulgated on 2005-04-22

394. CA GR CV 40618: Sps. Hilario Salinas vs. Ruperto Samson
Before this Court is an appeal from the Decision of the Regional Trial Court of San Carlos City, Pangasinan, Branch 57 in Cad. Case No. 73, LRC Cad. Rec. No. 1459, Lot No. 20151 & Lot No. 24259, the decretal portion of which reads as follows:...
Promulgated on 2005-04-22

395. CA GR SP 86577: Matias Futol vs. Solid Builders, Inc., et al.
Before Us is a Petition for Review praying for the reversal of the Order dated April 23, 2004 rendered by Judge Francisco A. Querubin of the Regional Trial Court, 4th Judicial Region, Branch 4, Antipolo City in Special Civil Case No. 01-114....
Promulgated on 2005-04-22

396. CA GR CR 00705: People vs. Ardel Canuto
HC - Referred to us by the Supreme Court for intermediate review is an appeal from the decision rendered by the Regional Trial Court of Iriga City (Branch 37) convicting herein accused-appellant Ardel Canuto of rape as penalized under Article 335 of the R...
Promulgated on 2005-04-22

397. CA GR SP 83226: Uniwide Warehouse vs. NLRC, et al
Uniwide Warehouse Club, Inc and/or Jimmy N. Gow (hereinafter referred to as petitioners), in this petition for certiorari, seeks to annul the Resolutions dated 30 September 2003 and 30 December 2003 of public respondent National Labor Relations Commissio...
Promulgated on 2005-04-22

398. CA GR SP 86307: Republic of the Philippines vs. Hon. Lucia Pe?a Purugganan, etc., et al.
We resolve herein the Motion to Dismiss filed by respondents. It is alleged therein that the Decision in the forcible entry case (Civil Case No. 04- 109925, Mandy Commodities Company, Incorporated, Plaintiff-Appellant, versus Gloria S. Dy, etc., Defen...
Promulgated on 2005-04-21

399. CA GR SP 80952: Alex T. Advento vs. Judge - RTC Valenzuela Br.171 & the People
Before this Court is a petition for certiorari under Rule 65 of the 1997 Rules of Civil Procedure, assailing the following issuances of the respondent court in Criminal Case No. 650-V-02:...
Promulgated on 2005-04-21

400. CA GR SP 89252: Eduardo M. Abacan, et al. vs. Tibayan Group of Investment Co., Inc., et al.
The instant petition for prohibition and mandamus filed by Filomeno Maravillas, Jr., through counsel, stems from a Petition for Involuntary Dissolution with Prayer for the Appointment of a Receiver and Management Committee...
Promulgated on 2005-04-20

401. CA GR SP 59970: Estelita G. Nares, et al. vs. NLRC, et al.
This is a Petition for Certiorari under Rule 65 of the Rules of Court filed by the petitioners, Estelita Nares, Leona Manabat, and Myrna Magsino, assailing the two Resolutions of the Third Division of the National Labor Relations Commission...
Promulgated on 2005-04-20

402. CA GR CV 83705: CRIS MICHELENA, vs. HERMAN ECALDRE
For failure of the defendant-appellant to file his appellant's brief within the reglementary period despite notice, the appeal is declared ABANDONED and hereby DISMISSED pursuant to Section 1 (e), Rule 50 of the 1997 Rules of Civil Procedure....
Promulgated on 2005-04-20

403. CA GR SP 89146: DENNIS D. TOMILAS vs. REMEDIOS NAVARRO
After a careful perusal of the Petition for Review filed by Dennis Tomilas, the Court resolves to DISMISS herein petition for failure to attach the necessary and pertinent documents referred therein to enable this Court to judiciously evaluate the meri...
Promulgated on 2005-04-20

404. CA GR SP 86967: Digitel Crossing, Inc. vs. Sumitomo Corp.
Before this Court is an appeal by way of a Petition for Review under Rule 43 of the 1997 Rules of Civil Procedure from the Arbitral Award of the Construction Industry Arbitration Commission [CIAC] [the Arbitral Tribunal was chaired by Lauro M. Cruz with...
Promulgated on 2005-04-20

405. CA GR SP 79509: Nemencio Pulumbarit vs. Konstrak International
The owner of a building project and its contractor have submitted to the arbitral tribunal of the Construction Industry Arbitration Commission the money claims they are asserting against each other as a result of the stoppage of the work due to structura...
Promulgated on 2005-04-20

406. CA GR SP 87600: Sally Go-Bangayan vs. Judge - RTC Manila Br.36, et al
To what extent may the security of bank deposits be invoked in criminal cases? This, in a nutshell, is the issue posed in this petition for certiorari under Rule 65 of the 1997 Rules of Civil Procedure...
Promulgated on 2005-04-20

407. CA GR CV 82775: Sps. John and Shirley Labrenz vs. North Road Marketing, Inc., et al.
For failure of herein plaintiffs- appellants to file the required appellants? brief within the reglementary period which expired on November 8, 2004, the appeal in this case is considered ABANDONED and DISMISSED....
Promulgated on 2005-04-20

408. CA GR SP 78238: Ahmad Abed Masrie vs. Hon. Amor A. Reyes, et al.
On April 30, 2004, Attys. R.A.V. Saguisag and Julie Ann G. Dumlao, counsel for petitioner filed a Manifestation informing this Court that petitioner had been deported to Lebanon on January 1, 2004 and alleging that on account thereof, the present petiti...
Promulgated on 2005-04-20

409. CA GR SP 85563: Sharikat Al-Saedi Int'l. Manpower, Inc. vs. NLRC and Nicolas D. Sarabia
Assailed in this petition for certiorari are the following issuances of public respondent National Labor Relations Commission (NLRC) in NLRC NCR CA No. 036853-03: (a) resolution1 dated March 31, 2004 which dismissed the petitioner's appeal;...
Promulgated on 2005-04-20

410. CA GR CV 82224: Jimmy Pua Enterprises, Inc. vs. Pacific Union Insurance Co.
For failure of the defendant-appellant to file the required appellant?s brief within the extended period which expired on February 13, 2005, the appeal is hereby considered ABANDONED and DISMISSED....
Promulgated on 2005-04-20

411. CA GR CR 28818: PEOPLE vs JANETH PANIZARES
In view of the denial of accused-appellant's Urgent Ex-parte Final Motion for Extension of Time to File Appellant?s Brief as contained in our Resolution dated April 20, 2005, the APPEAL is hereby DISMISSED pursuant to Sec. 8, Rule 124 of the Rules of ...
Promulgated on 2005-04-20

412. CA GR SP 87556: Midland Plaza Condominium Corp. vs. Hon. Oscar P. Barrientos, et al.
For consideration is a Petition for Certiorari under Rule 65 of the 1997 Rules on Civil Procedure which seeks to annul and set aside the Order dated July 20, 2004 of respondent Judge, Hon. Oscar P. Barrientos, in Civil Case No. 03-10774...
Promulgated on 2005-04-20

413. CA GR CV 83246: LA UNION ELECT. COOP. rep.by the GEN. MANAGER,RAMON C.POSADASvsPROV'L REG.OF DEEDS PROV.OF LA UNION
In view of the reasons stated in the Motion to Withdraw Appeal filed by the Office of the Solicitor General, the herein appeal is hereby WITHDRAWN and this case is considered TERMINATED....
Promulgated on 2005-04-20

414. CA GR SP 57481: Evangeline Luna, et al. vs Ramon Lucas, et al.
WHO has a better right to the possession of a real property ? its occupants for almost sixty years or the registered owners of later date?...
Promulgated on 2005-04-19

415. CA GR SP 70026: EVELYN YU, et al. vs. HON. ADJUDICATION BOARD, et al.
Through their Motion for Reconsideration, the petitioners seek reconsideration of the decision of November 26, 2004, upon the following:...
Promulgated on 2005-04-19

416. CA GR SP 57021: Precy Colas vs Hon. Fernando Vil Pamintuan, et al.
THE grant or denial of a writ of preliminary injunction is addressed to the sound discretion of the court. For the writ to issue, the plaintiff must be able to show that he possesses a clear and unmistakable right to be protected by the injunctive writ. I...
Promulgated on 2005-04-19

417. CA GR SP 71128: ELIGIO BAUTISTA, JR. vs HONORABLE AURORA V. MAQUEDA-ROMAN, et al.
Before Us is a Petition for Certiorari under Rule 65 of the 1997 Rules on Civil Procedure filed by Eligio Bautista, Jr. ("Bautista") seeking to reverse the Order1 dated March 18, 2002 issued by public respondent Judge Aurora V. Maqueda-Roman of the Reg...
Promulgated on 2005-04-19

418. CA GR SP 85799: HEIR OF THE LATE ERNESTO LEGASPI, et al. vs SPOUSES MAMERTO GALSIM, et al.
Considering the report of the Judicial Records Division dated 8 November 2004 that petitioner, despite due notice, failed to comply with the 12 November 2004 resolution requiring her to show cause within five (5) days from notice why the petition shoul...
Promulgated on 2005-04-19

419. CA GR CR 00214: PEOPLE OF THE PHILIPPINES vs RAMON TRIBIANA Y VARGAS
This is an appeal from the Decision dated June 19, 2002 of the Regional Trial Court (RTC) of Quezon City, Branch 81, in Criminal Case No. Q-99-81104 for Robbery with Multiple Rape, the dispositive portion of which reads as follows...
Promulgated on 2005-04-19

420. CA GR CV 84148: FLEXO MANUFACTURING CORP. vs. COLUMBUS FOODS, INC. AND PACIFIC MEAT CO., INC.
THROUGH ITS MOTION TO DISMISS APPELLANTS' APPEAL, THE PLAINTIFF-APPELLEE PRAYS FOR THE DISMISSAL OF THE APPEAL ON THE GROUND OF THE FAILURE OF THE DEFENDANTS-APPELLANTS FROM THE TIME THEY FILED THE NOTICE OF APPEAL IN DECEMBER, 2002 TO TAKE ANY ACTION...
Promulgated on 2005-04-19

421. CA GR SP 73154: JESSIE BARCELONA, ET AL. vs HON. DELIA H. PANGANIBAN
In a Resolution dated October 27, 2004, this Court required movant Kyung Buk Steel Company to send a copy of its motion for leave to intervene by way of special appearance and motion for reconsideration to Atty. Siccuan at his office address and to submit...
Promulgated on 2005-04-19

422. CA GR CV 81629: CARMENCITA Y. MANIAGO & BERNARDO YU vs. CATALINA Y. MANDAP
We are constrained to dismiss the present appeal in the light of the following considerations to wit: Appellant's brief does not have the required subject index as required by Secion 13(a), Rule 44 of the 1997 Rules of Civil Procedure, as amended;...
Promulgated on 2005-04-19

423. CA GR CV 79603: Prescila Salvo Ricaza vs. The Local Civil Regisrar of Sison, Pangasinan
On appeal before us is the decision of the Regional Trial Court of Urdaneta City, Pangasinan dated November 12, 2002, granting the petitioner-appellee's petition for change of name and correction of entry in the Certificate of Live Birth...
Promulgated on 2005-04-19

424. CA GR SP 89073: Reynaldo Joseph L. Matias vs. Dolores G. Parasdas,
The instant petition for review under Rule 43 of the 1997 Rules of Civil Procedure, is ordered DISMISSED for attaching a mere photocopy of the assailed CIAC Decision dated March 9, 2005....
Promulgated on 2005-04-19

425. CA GR SP 84883: BENJAMIN L. SAROCAM vs. NATIONAL LABOR RELATIONS, et al.
We have carefully perused the arguments raised in petitioner's Motion for Reconsideration dated February 21, 2005, and those contained in private respondents' Comment thereto, and found the Motion offering no compelling reason to modify or reverse the ...
Promulgated on 2005-04-19

426. CA GR CV 83445: G.G. SPORTSWEAR MFG, et al. vs. PHILIPPINE COMMERCIAL. et al.
For failure of the defendants-appellants to file their brief within the extended period granted by this Court, the instant appeal is ordered DISMISSED pursuant to Section 1(e) of Rule 50 of the 1997 Rules of Civil Procedure....
Promulgated on 2005-04-19

427. CA GR CR 27560: EDDIE SAPIO vs. PEOPLE OF THE PHILIPPINES,
It is not a simple matter to suspend the application of technical rules of procedure which were specifically formulated and implemented to ensure an orderly administration of justice. Claims and cries for substantial justice will not substantially result...
Promulgated on 2005-04-19

428. CA GR SP 78552: SOLIDBANK CORPORATION (NOW METROPOLITAN BANK& TRUST COMPANY vs HON. ANTONIO S. POZAS
This is a motion for reconsideration filed by private respondent Gotesco Properties Incorporated (hereafter respondent) of the Court?s decision dated November 25, 2004. The dispositive portion of which reads as follows...
Promulgated on 2005-04-19

429. CA GR CR 28099: People vs Fely Vergara
WHERE the subject of the sale of real property really exists but it does not belong to the seller who pretends to be its owner, the seller is guilty of estafa under Article 316, paragraph 1, and not under Article 315, paragraph 2(a) of the Revised Penal C...
Promulgated on 2005-04-19

430. CA GR SP 86955: SPOUSES MARIO MONSALVE and MARIAN VANESSA S. vsHON. WINLOVE DUMAYAS
For resolution is the Motion for Reconsideration filed by petitioners to Our Resolution dated November 8, 2004, dismissing the petition for failure to attach relevant and pertinent pleadings and documents to the petition....
Promulgated on 2005-04-19

431. CA GR SP 50116: Luis Marcaida vs Cynthia Lyn Parrenas. et al.
THE proper remedy of a party aggrieved by the resolution or order of the Office of the Ombudsman in a criminal case is the threshold question in this petition for review of the Resolution of the Ombudsman finding a prima facie case of Qualified Seduction...
Promulgated on 2005-04-19

432. CA GR SP 79272: BURMEISTER & WAIN vs. Commissioner on Internal REvenue
Assailed in the instant petition is the 29 January 2003 Decision of the Court of Tax Appeals (CTA) in CTA Case No. 6220, denying petitioner s claim for refund due to insufficiency of evidence and the 26 August 2003 Resolution, rejecting petitioner s Motio...
Promulgated on 2005-04-19

433. CA GR CV 61276: Margarita Carandang, et al vs. Gregorio Carandang
Before the Regional Trial Court of Batangas (Nasugbu, Branch 14) was an action for partition of (i) a parcel of land with an area of 5,442 square meters, denominated as Lot No. 164-C-2-D (or "registered land"), situated at Nasugbu, Batangas...
Promulgated on 2005-04-19

434. CA GR CV 62794: Geronimo & Corazon Bautista (Gem Construction) vs. Daniel & Norma Pingue
For failure to pay in full the construction cost of the house built by spouses Geronimo and Corazon Bautista for spouses Daniel and Norma Pingue, the former haled the latter before the RTC of Cavite City (Branch XVI) for breach of contract and damages....
Promulgated on 2005-04-19

435. CA GR SP 85038: KPMG LAYA MANANGHAYA & CO., et. al. vs. NATIONAL LABOR RELATIONS COMMISSION (Third Div.), et. al.
This is a Petition for Certiorari filed pursuant to Rule 65 of the 1997 Rules of Court assailing (a) the August 21, 2003 Resolution (Rollo, pp. 40-53) of the National Labor Relations Commission which affirmed with modification the decision of the Labor...
Promulgated on 2005-04-19

436. CA GR SP 87651: Philippine Carpet vs. Hon. Patricia Sto. Tomas, et al
Before this Court is a Petition for Certiorari assailing the Decision dated June 23, 2004 and Resolution dated November 10, 2004 of the Secretary of the Department of Labor and Employment (DOLE Secretary) in OS-AJ-011-2004 (NCMB-NCR-NS-03-073-04) entitled...
Promulgated on 2005-04-19

437. CA GR CV 74529: Fr. Octavio M. Ramos, et al. vs. Josefina A. Ramos
This is an appeal from the April 26, 2002 Decision of the Regional Trial Court, Branch 79, Quezon City, in Civil Case No. Q-97-32544...
Promulgated on 2005-04-19

438. CA GR SP 79518: Infinity Security & Investigation Services, Inc. vs NLRC and Ismael Manupac
For our consideration is the Amended Petition for Certiorari filed by Infinity Security & Investigation Agency (Infinity) seeking to set aside the National Labor Relations Commission's Resolution dated June 30, 2003 and its Decision dated April 3, 2003 (N...
Promulgated on 2005-04-19

439. CA GR SP 83423: Pablo Julian, Maribelle Rosales, et al. vs NLRC, et al.
Before us is the Petition for certiorari (under Rule 65 of the Rules of Court) filed by the petitioners-employees (petitioners) seeking to annul and set aside the National Labor Relations Commission's (NLRC) Decision dated September 17, 2003 and its Reso...
Promulgated on 2005-04-19

440. CA GR SP 88913: United School of Science vs. Hon. Pres. Judge RTC Tarlac
Before us is a Petition for Certiorari with Prayer for Preliminary Injunction and Temporary Restraining Order seeking to nullify and set aside the Resolution dated February 12, 2005 of public respondent judge in Civil Case No. 9292....
Promulgated on 2005-04-19

441. CA GR SP 87667: Meridien Landholding vs. Reynaldo Santos
By Resolution of January 18, 2005, the Court directed Rafael Yaptinchay and Benjamin Angel to submit proof of their authority to execute and sign the requisite verification and certification of non-forum shopping for and in behalf of petitioners within fi...
Promulgated on 2005-04-19

442. CA GR SP UDK 5317: Virginia Gonzales vs. Jesse Chan, Sr
For consideration is petitioner s Motion to File Petition for Relief and/or Review1 from the judgment of the RTC, Branch 74, Olongapo City as well as the accompanying Verified Petition For Relief From Judgment....
Promulgated on 2005-04-19

443. CA GR SP 83064: Leonardo Candava, et al vs. NLRC, et al
In this petition for certiorari, petitioners charge public respondent National Labor Relations Commission (NLRC) with grave abuse of discretion amounting to lack or excess of jurisdiction in issuing the questioned Resolutions dated 29 August 2003 and 3...
Promulgated on 2005-04-19

444. CA GR CR 00189: People vs. Primo Cuevas @ Jaime Cuevas
Before this Court for intermediate review is the Decision dated 14 October 2002, promulgated on 13 November 2002 by the Regional Trial Court, Fourth Judicial Region, Lipa City, Branch 12, in the case entitled, People of the Philippines vs. Primo Cuevas...
Promulgated on 2005-04-19

445. CA GR CV 72798: Dustin Kyle J. Calilap vs. Republic of the Phils.
Before this Court is an appeal from the Decision1 dated 16 April 2001 rendered by Hon. Cesar A. Mangrobang of the Regional Trial Court, Fourth Judicial Region, Branch 22, Imus, Cavite in SP Proc. No. 769-00...
Promulgated on 2005-04-19

446. CA GR SP 82273: Danilo Omana vs. NLRC, et al.
Before this Court is a Petition for certiorari with prayer for the issuance of a temporary restraining order/injunction1 dated 11 February 2004, assailing the Decision dated 28 November 2003 and Resolution dated 30 January 2004, of the National Labor R...
Promulgated on 2005-04-19

447. CA GR CV 74322: Emelinda Samson-Benito vs. Roniel P. Benito; R.P.
Before this Court is an appeal filed by oppositor-appellant, Republic of the Philippines, through the Office of the Solicitor General, assailing the Decision1 dated 12 December 2001 rendered by Hon. Judge Edwin D. Sorongon of the Regional Trial Court, N...
Promulgated on 2005-04-19

448. CA GR CV 72133: Marlyn Cayabo Guinid vs. Dante S. Guinid; R.P.
Before this Court is an appeal filed by oppositor-appellant, Republic of the Philippines, through the Office of the Solicitor General, assailing the Decision dated 25 May 2001 rendered by the Regional Trial Court of Bulanao, Tabuk, Kalinga, Branch 25 g...
Promulgated on 2005-04-19

449. CA GR CV 73982: Batangas Laguna Tayabas Bus Co. vs. Eduardo Azucena, et al.
Before Us is the Manifestation and Motion for Reconsideration filed by the plaintiff-appellant on May 20, 2004, seeking for reconsideration of the Decision of this Court promulgated on April 30, 2004...
Promulgated on 2005-04-19

450. CA GR SP 70994: Transnational Diversified Corp. vs. E.C. Paulino Construction Co., Inc.
BEFORE US is a Motion for Reconsideration filed by petitioner through counsel on 21 February 2005, seeking for the reconsideration of the Decision dated 26 January 2005...
Promulgated on 2005-04-19

451. CA GR SP 85321: Edgardo More vs. NLRC, et al
This is a Petition for Certiorari under Rule 65 of the Rules of Court, which seeks to reverse, annul and set aside the Resolution dated 27 February 2004 promulgated by the public respondent NLRC, and its affirmatory Resolution dated 18 May 2004 denying pe...
Promulgated on 2005-04-19

452. CA GR SP 86977: Michael Padua vs. Hon, Agnes Reyes-Carpio, et al
Before this Court is a Petition For Certiorari under Rule 65 of the 1997 Revised Rules of Civil Procedure assailing the Orders dated May 11, 2004 and July 28, 2004 of the Regional Trial Court, National Capital Judicial Region, Branch 168, Pasig City in Cr...
Promulgated on 2005-04-19

453. CA GR CV 57597: Eduardo Chan-Chua, et al. vs. William Madarang, et al.
Via this appeal, appellants Spouses Eduardo Chan-Chua and Janice Young-Chua (Janice Chua) seek to vacate and set aside the March 7, 1997 Decision1 of the Regional Trial Court, Branch 84, Quezon City...
Promulgated on 2005-04-19

454. CA GR CR 00756: People vs. Mateo Daleba, Jr.
HC - Subject of this appeal is the February 28, 2002 Decision of the Regional Trial Court, Branch 116, Pasay City, finding the accused guilty beyond reasonable doubt of the crime of Murder in Criminal Case No. 97-0368....
Promulgated on 2005-04-19

455. CA GR CV 73038: LYSANDER M. DIOSO, vs. VITARICH CORPORATION
Before us is an appeal from the November 29, 2001 decision issued by the Regional Trial Court of Malolos, Bulacan, Branch 80, in Civil Case No. 938-M-97, for sum of money, the dispositive portion of which reads:...
Promulgated on 2005-04-19

456. CA GR SP 88314: MEGAWORLD GLOBUS ASIA, INC. VS ATTY. ENGRACIO ESCASINAS ET.AL.
A writ of execution must conform substantially to every essential particular of the judgment promulgated. Execution not in harmony with the judgment is bereft of validity....
Promulgated on 2005-04-19

457. CA GR CV 80831: Leonida Gacusan vs. R.P.
The Republic appeals from the Resolution dated August 25, 2003 of the Regional Trial Court, Third Judicial Region, Branch 63, Tarlac City which granted the petition of Leonida Gacusan for reconstitution of title....
Promulgated on 2005-04-19

458. CA GR CV 63050: Golden Mile Resources Dev. Corp. vs. R.P.
This is an appeal from the Order dated August 31, 1998 of Branch 89, Regional Trial Court (RTC), Bacoor, Cavite, in LRC Case No. 8843-97-71, granting the Petition for the Judicial Reconstitution of the Original Copy of Transfer Certificate of Title No. T-...
Promulgated on 2005-04-19

459. CA GR CR 00315: People vs. Ricky Asuncion y Tuasan
Appellant Ricky Asuncion y Tuasan appeals from the Decision dated April 11, 2003 of the Regional Trial Court of Makati City, Branch 135, finding him guilty beyond reasonable doubt of violation of Sections 5 and 11, Article II of Republic Act No. 9165,...
Promulgated on 2005-04-19

460. CA GR CV 62263: United Savings Bank vs. Geronima Ibea, et al
Before us is an appeal from the decision dated August 31, 19981 of the Regional Trial Court of Makati City, Branch 57, in Civil Case No. 90-3122, for replevin and damages, the decretal portion of which reads:...
Promulgated on 2005-04-19

461. CA GR SP 78924: Heirs of Paulino Carpio vs. Ermilinda Salas, et al
Before us for review is the decision dated 10 January 2003 of the Regional Trial Court (RTC) of Caloocan City, Branch 126, affirming the decision dated 07 February 2002 of the Metropolitan Trial Court (MeTC) of Caloocan City, Branch 52....
Promulgated on 2005-04-19

462. CA GR SP 87207: SAS Intersales and Promotions, Inc. vs. Synthetic World Corp.
This petition for review seeks to reverse and set aside the decision dated 2 September 2004 of the Regional Trial Court, Branch 11, of the City of Malolos, Bulacan which affirmed in toto the decision dated 11 May 2004 of the Municipal Trial Court of Guig...
Promulgated on 2005-04-19

463. CA GR CR 27374: People vs. Arnold P. Senson
Assailed in this appeal is the Decision dated March 5, 2003 in Criminal Case No. 97-160470 of Branch 44, Regional Trial Court, Manila, finding appellant Arnold P. Senson guilty beyond reasonable doubt of the crime of estafa under paragraph 1(b), Article...
Promulgated on 2005-04-19

464. CA GR CV 59483: Sps. Marcos and Virginia Salazar vs. Sps. Rolando Nieto and Basilia Nieto, et al.
This is an appeal from the Decision of the Regional Trial Court in Malolos, Bulacan in a case of Specific Performance and Damages filed by the appellees spouses Marcos and Virginia Salazar...
Promulgated on 2005-04-18

465. CA GR SP 81883: SPS. EMMANUEL SPERANZA SOLA vs. DARAB, AND SPS. RAYMUNDO & MILAGROS DORADO
This is a Petition for Certiorari under Rule 65 of the 1997 Rules of Civil Procedure seeking the reversal of the 18 December 2002 and 17 November 2003 Resolutions of the Department of Agrarian Reform Adjudication Board (DARAB) in DSCA No. 0210 (Reg. Case...
Promulgated on 2005-04-18

466. CA GR SP 89117: Pennines Industrial Sales, et al. vs. Edna Mallorca Dalope, et al.
Before Us is a Petition for Certiorari which seeks to annul and set aside the Resolution dated March 15, 2005 of the National Labor Relations Commission in NLRC NCR CA No. 036005-03[NLRC NCR Case No. 08-06015-02]....
Promulgated on 2005-04-18

467. CA GR CV 76348: Edgardo Evangelista, et al. vs. Estrella E. Aurelio
The subject of this suit is a holographic will (Exh. ?A?, p. 131, record) dated August 13, 1978 purportedly of the decedent Encarnacion Madamba...
Promulgated on 2005-04-18

468. CA GR SP 69601: HERMIGILDO DE JESUS vs RAFAEL MAGPILY
The arguments raised by respondent in the Motion For Reconsideration were exhaustively discussed, already passed upon and considered by this Court in its decision....
Promulgated on 2005-04-18

469. CA GR CV 51064: Julius A. Manahan vs. Ma. Rosario Elvira M. Quintano
Before this Court is an appeal from the Decision dated Aug 7, 1995 of the RTC of Legazpi City, Br.6, in Civil Case No. 9017, which dismissed petitioner-appellant's petition for declaration of nullity of marriage but granted to him custody of their child...
Promulgated on 2005-04-18

470. CA GR SP 83329: ATTY. MARIUS F. CARLOS CPA, PhD. VS
Assailed by Marius F. Carlos in this Petition for Certiorari which he filed under Rule 65 of the Rules of Court are the Decision of the National Labor Relations Commission, Third Division, [NLRC] dated August 13, 2003, and its Resolution dated January 30,...
Promulgated on 2005-04-18

471. CA GR CR 27975: People vs. Carlo S. Facundo
The appellant Carlo S. Facundo (hereafter Facundo), who at the time relevant was the Municipal Treasurer of the Municipality of Balungao in the Province of Pangasinan, was charged before the Regional Trial Court in Rosales, Pangasinan with MALVERSATION...
Promulgated on 2005-04-18

472. CA GR CV 66215: BSA FINANCE AND LEASING CORP VS SPS. MARIO POBLADOR / SPS. MARIO POBLADOR VS MEGA PACIFIC INSURANC
Third-party defendant Mega Pacific Insurance Corp. [appellant MPIC] appeals from the Decision of the Regional Trial Court of Makati City, Branch 135 dated 10 September 1999, the dispositive portion of which reads:WHEREFORE, judgment is hereby rendered or...
Promulgated on 2005-04-18

473. CA GR CV 83202: FREM CONSTRUCTION, INC., vs DEVELOPMENT BANK OF THE PHILIPPINES,
The Motion To Withdraw Appeal filed by the counsel for plaintiff-appellant, which bears the conformity of the members of the Board of Directors of appellant-corporation as shown by the Board Resolution No. 03-10-05...
Promulgated on 2005-04-18

474. CA GR CV 68558: PHILIPPINE NATIONAL BANK vs SPS. FERDINAND & DOLORES TAMAYO
This Court is called upon to resolve the Motion for Reconsideration filed by appellants Spouses Tamayo seeking the reversal of the Decision promulgated on January 20, 2005, which held as follows:...
Promulgated on 2005-04-18

475. CA GR SP 36004: Alegria Macasadia vs. Judge Alfredo R. Enriquez and the People. vs. People
Before this Court is an appeal from the Order dated Mar 29, 1994 of the RTC of Makati, Branch 139, in Civil Case No. 93-1133, the dispositive portion of which reads: "WHEREFORE, premises considered, the Motion To Dismiss is DENIED for lack of merit....
Promulgated on 2005-04-18

476. CA GR SP 60539: Cristobal Properties, Inc. vs. Ricardo Reyes
Considering the Manifestation filed by petitioner stating that the parties have already executed an agreement before the Office of the Barangay Captain and that the respondent Ricardo Reyes has already left the subject premises, and thus moved for the di...
Promulgated on 2005-04-18

477. CA GR CV 67285: CONCEPCION CHIONG vs. TOYOTA CUBAO, INC.
This is an appeal from the Decision dated November 12, 1999 of the Regional Trial Court, Branch 19 of Cauayan, Isabela in Civil Case No. 19- 820 entitled "Concepcion Chiong, plaintiff vs. Toyota Cubao, Inc.,...
Promulgated on 2005-04-18

478. CA GR SP 89056: Trans Pacific Journey Fishing Corp., et al. vs. NLRC, et al.
Presented before Us is a petition for certiorari assailing the Decision of the respondent NLRC dated October 20, 2004 and the Order dated January 18, 2005....
Promulgated on 2005-04-18

479. CA GR SP 84559: EDUARDO vs PEOPLE et.al
In this special civil action for tertiorari with prayer for the issuance of Temporary Restraining Order and/or Preliminary Injunction,1 petitioner Eduardo Gonzales Quimson seeks to annul and set aside the Order2 dated 18 May 2004 of respondent judge Ade...
Promulgated on 2005-04-18

480. CA GR CR 00360: People vs. Daniel Parizal y Quilbio
HC - Under date of February 22, 2000, an Information in the words as follows: ?The undersigned Second Assistant City Prosecutor accuses Daniel Parizal y Quilbio of the crime of Murder, defined and penalized under Article 248 of the Revised Penal Code...
Promulgated on 2005-04-18

481. CA GR SP 86622: JEANIE GOLL VS JEAN HACHERO
Assailed by petitioner Jeanie Goll in this Petition for Review filed under Rule 42 of the 1997 Rules of Civil procedure are the 30 December 2003 Decision1 of the Regional Trial Court [RTC] of Puerto Prinsesa, Branch 48 in Civil Case No. 3776 disposing of...
Promulgated on 2005-04-18

482. CA GR SP 51609: MELINDA M. VIANA VS. NLRC, ET AL.
This is a Petition for Certiorari under Rule 65 of the Rules of Court assailing the September 14, 1998 Decision of the National Labor Relations Commission in NLRC OCW CN. (M) 00-01-3215-97 (CA NO. 015634-94)...
Promulgated on 2005-04-18

483. CA GR SP 89158: Premiere Creative Packaging, Inc. vs. Hon. Secretary of DOLE, et al.
Before this Court is a Petition for Certiorari and Prohibition (with application for temporary restraining order and writ of preliminary injunction) dated 04 April 2005....
Promulgated on 2005-04-18

484. CA GR CV 63949: Elizabeth D. Santos, vs. Nomer Santos
Before this Court is an appeal from the decision dated June 2, 1999 rendered by the Regional Trial Court, Branch 128 of Caloocan City, which granted petitioner-appellee s petition for declaration of nullity of marriage. The dispositive portion of the app...
Promulgated on 2005-04-15

485. CA GR SP 83340: SIGNAL TECHNOLOGIES, INC. vs NLRC, et al
This is a Petition for Certiorari seeking to annul and set aside two (2) Resolutions of public respondent National Labor Relations Commission (NLRC) dated 25 August 2003 and 30 December 2003, affirming the Labor Arbiter's Decision and denying petitione...
Promulgated on 2005-04-15

486. CA GR CV 84206: Accessories Specialists, Inc., et al vs. NLRC, Erlinda B. Ablanza, et al
The propriety of the dismissal of the appeal due to the failure of the petitioners to post the complete amount of the appeal bond is the bone of contention in this petition for certiorari under Rule 65 of the 1997 Rules of Civil Procedure,...
Promulgated on 2005-04-15

487. CA GR SP 87497: Berlin Serrano vs. NLRC and Amy Tan
The issue in this petition for certiorari is nothing new. It asks us to rule on whether or not an appeal may be perfected without simultaneously filing with it the required supersedeas or nominal bond....
Promulgated on 2005-04-15

488. CA GR SP 89195: Ads Overseas Placement Agency, Inc., et al. vs. NLRC, et al.
Before this Court is a Petition for Certiorari, with prayer for the issuance of a temporary restraining order and/or writ of preliminary injunction, under Rule 65 of the 1997 Rules of Civil Procedure....
Promulgated on 2005-04-15

489. CA GR SP 74519: St. John Colleges, Inc. vs. NLRC, et al.
This treats of the motion for reconsideration dated May 20, 2004 filed by petitioner St. John Colleges, Inc. from our decision dated April 22, 2004....
Promulgated on 2005-04-15

490. CA GR SP 75910: Eduardo B. Hernandez vs. N.L.R.C. & De Ocampo Memorial Schools, Inc.
Petition for certiorari to modify the October 23, 2002 and December 26, 2002 Resolutions of the National Labor Relations Commission in NLRC NCR Case No. 00-07-07235-99 (NLRC CA No. 028761-01) entitled ?Eduardo B. Hernandez, Complainant vs. De Ocampo Mem...
Promulgated on 2005-04-15

491. CA GR CR 26600: People vs. Vicente Sambajon y Serquillo
This pertains to the accused-appellant?s motion for reconsideration filed on 1 July 2004, seeking for the reconsideration of the decision dated 26 May 2004...
Promulgated on 2005-04-15

492. CA GR CV 72036: National Power Corp., vs. David Ruiz, et al
On appeal before Us is the Joint Decision, dated 27 June 2001, rendered by Hon. Judge Alicia B. Gonzales-Decano, of the Regional Trial Court of Urdaneta City, Branch 48, disposing as follows:...
Promulgated on 2005-04-15

493. CA GR CV 67400: Firematic Philippines, et al vs. Edsa Shangrilla Hotel, et al
Before this court is an appeal filed by defendants-appellants Edsa Shangri-la Hotel and Resort, Inc. (ESHRI), Paul M. Baynham and Kouk Khoon Tsen, assailing the decision1 dated September 15, 1999, of the Regional Trial Court, Branch 59 of Makati City in C...
Promulgated on 2005-04-15

494. CA GR SP 64349: China Banking Corp. vs. Hon. Benigno M. Galacgac, et al.
Subject of the present petition for certiorari under Rule 65, 1997 Rules of Civil Procedure are the following Orders of public respondent Judge Benigno M. Galacgac of Branch 63, Regional Trial Court (RTC), La Trinidad, Benguet in Civil Case No. 99-CV-139...
Promulgated on 2005-04-15

495. CA GR SP 77112: Alfredo Barba & Renato Gonzales vs. N.L.R.C. & Philippine Airlines, Inc.
Petition for certiorari to annul and set aside the January 30, 2003 Decision and April 2, 2003 Resolution of the National Labor Relations Commission (NLRC), which reversed the February 19, 2002 Decision of the Labor Arbiter and dismissed NLRC NCR Case...
Promulgated on 2005-04-15

496. CA GR CV 66188: Felix Abano et al vs. Republic of the Philippines
AMENDED DECISION. The Republic of the Philippines seeks a reconsideration of this Court s Decision promulgated on October 29, 2004 which affirmed the Decision of the Regional Trial Court, Branch XL, Daet Camarines Norte. Said Decision of the trial court...
Promulgated on 2005-04-15

497. CA GR SP 83062: Ms. Soledad Cantor vs. Mrs. Natalia Atienza
This is a Petition for Review1 filed by petitioner Soledad Choling Cantor disputing the Decision on Appeal dated March 5, 2004, rendered by the Regional Trial Court, Branch 24, Manila, in Civil Case No. 00-99424, the decretal portion of which reads:...
Promulgated on 2005-04-15

498. CA GR SP 89208: Gapasen vs. Teodorico Noma, et al
Before Us is an Urgent Motion to Admit Attached Petition for Review filed by counsel for petitioner manifesting that he received a copy of the Decision rendered by the Department of Agrarian Reform Adjudication Board (DARAB) in DARAB CASE NO. 11093 on Mar...
Promulgated on 2005-04-15

499. CA GR SP 86891: Damian Aklan, et al vs. NLRC, et al
Assailed in this petition for certiorari under Rule 65 is the Decision dated December 19, 2003 reversing and setting aside the Decision dated June 20, 2003 of the Labor Arbiter which declared petitioners to have been illegally dismissed and ordered thei...
Promulgated on 2005-04-15

500. CA GR SP 87931: Clestial Nickel vs. Microasia Corp., et al
This is a petition for review under Rule 43 seeking to reverse and set aside the Resolution dated November 26, 2004 of the Mines Adjudication Board (MAB) vacating its earlier Decision promulgated on October 24, 2000 which upheld the decision of the Panel...
Promulgated on 2005-04-15

501. CA GR SP 88224: Necita Villa Coching vs. Hon. Lydia Querubin
Assailed in this petition for certiorari under Rule 65 is the Order dated September 16, 2004 dismissing Civil Case No. Q-03-48994 for failure of the petitioner to appear at the pre-trial and submit a pre-trial brief, as well as the Order dated October 2...
Promulgated on 2005-04-15

502. CA GR SP 88349: Keylargo Car Parts, et al. vs. NLRC, et al.
On April 4, 2005, petitioners filed a Manifestation With Motion to Withdraw Instant Petition which states, among others, to wit: ?On March 30, 2005, both parties were able to amicably settle the controversy involved in the instant case....
Promulgated on 2005-04-15

503. CA GR SP UDK 5280: Sps. Remegio Castillo vs. Antonio Espayos, et al
A careful perusal of the present petition for review shows that the following are not attached thereto:...
Promulgated on 2005-04-15

504. CA GR SP 88294: Cecilia Belarmino et al vs. Office of the President
This is a Petition for Certiorari filed under Rule 65 of the Rules of Court seeking to annul the Order dated November 17, 2004 which was allegedly issued by the Office of the President with grave abuse of discretion amounting to a serious case of excess...
Promulgated on 2005-04-15

505. CA GR CV 56414: Spouses Juan and Constancia Luna vs. Spouses Nameal and Lourdes Bonrostro
On January 19, 1993, Constancia Luna (or Constancia)and Lourdes Bonrostro (or Lourdes) executed a Contract to Sell (or contract) whereby the former agreed to sell to the latter, at the price of P1,250,000.00, a house and lot...
Promulgated on 2005-04-15

506. CA GR SP 88340: ARMENIA F. SURAVILLA vs BUREAU OF LABOR RELATION, ET AL.
For resolution is the Motion for Reconsideration filed by petitioner to Our Resolution dated February 21, 2005, dismissing petitioner?s Petition for Certiorari for her failure to append relevant and pertinent pleadings and documents to the petition and...
Promulgated on 2005-04-14

507. CA GR SP 88988: EFREN MENDOZA and ROMAR DELA CRUZ vs. CORAZON REGUYAL
The Court resolves to DISMISS herein Petition for Review with Prayer for the Issuance of a Temporary Restraining Order/Writ of Preliminary Injunction for failure to comply with Section 2 (d), Rule 42 of the 1977 Rules of Civil Procedure, in particular,...
Promulgated on 2005-04-14

508. CA GR SP 88486: CENTURY CONTAINER CORPORATION, ET AL. vs. NATIONAL LABOR RELATIONS COMMISSION, et. al.
The Court resolves to DISMISS the herein Petition for Certiorari with Prayer for the Issuance of a Temporary Restraining Order (TRO) and Writ of Preliminary Injunction based on the following legal infirmities:...
Promulgated on 2005-04-14

509. CA GR CV 75242: Higino Honorato Lacsina vs. Reynaldo Bonifacio Lacsina
Sometime in 1993, Renato G. Dionisio filed a case before the Regional Trial Court of Pasig City, Branch 68, entitled, Petition for Issuance of Letters of Administration in the Matter of Intestate Estate of the late Miguela S. de Leon-Dionisio...
Promulgated on 2005-04-14

510. CA GR CV 74233: Sps. Paul & Daisy Findler vs RP
Before Us is an Appeal1 from the Decision, dated November 8, 2000, of the Regional Trial Court of Olongapo City, Branch 72, in Special Proceeding Case No. 133-0-99, which granted Petitioners-Appellees' Petition for Adoption of Minors Rhea and Aiza Bermude...
Promulgated on 2005-04-14

511. CA GR SP 83860: Ricardo Alcantara vs Hon. Augusto T. Gutierrez et.al.,
This is a Petition for Certiorari under Rule 65 of the Revised Rules of Court seeking to nullify and set aside the Orders dated February 5, 2004 and March 5, 2004, both issued by public respondent Augusto T. Gutierrez, in his capacity as presiding judge...
Promulgated on 2005-04-14

512. CA GR CR 00514: People vs Ernesto Simpliciano y Pablo
It is well-settled that when a woman says that she has been raped, she says in, effect, all that is necessary to show that she has indeed been raped. A victim of rape would not come out in the open if her motive were anything other than to obtain justice....
Promulgated on 2005-04-14

513. CA GR CR 00047: People vs. Jayson Tuason
Love does not negate the fact of rape when the woman who declines to submit to carnal intercourse is coerced to engage in the same through force and intimidation....
Promulgated on 2005-04-14

514. CA GR SP 85699: Planters Dev. Bank vs. Judge Divina Luz A. Simbulan, et al.
Sought to be nullified in this petition for certiorari filed by the Planters Development Bank are: (1) The Decision dated March 12, 2004 of respondent judge1 in LRC Case No. 834...
Promulgated on 2005-04-14

515. CA GR SP 86196: Rolando Quidolit vs. NLRC, et al
Finding no new matter of substance that would warrant the modification much less the reversal of the February 21, 2005 Decision of this Court, the Motion for Reconsideration filed by the petitioner is hereby DENIED for lack of merit....
Promulgated on 2005-04-14

516. CA GR SP 84930: Edward A. Halim vs. Hon. Crisina J. Cornejo, et al.
This is a petition for review under Rule 42 of the 1997 Rules of Civil Procedure, of the decision dated June 9, 2004 of the Regional Trial Court (RTC) of Makati City, Branch 147, which affirmed in toto the decision of the Metropolitan Trial Court (MeTC...
Promulgated on 2005-04-14

517. CA GR CR 28885: People vs. SPOI Jaime Teston
The untimely demise of accused during the pendency of his appeal of conviction and before the finality of judgment extinguishes not only his criminal liability but also his civil liability arising from the crime....
Promulgated on 2005-04-14

518. CA GR CV 69015: Sps. Rodolfo Galvez vs. NVC Lending Corp., et al
This is an appeal from the 10 August 1999 Order of the Regional Trial Court, Fourth Judicial Region, Bacoor sitting in Imus, Cavite, Branch 89, granting defendant-appellees demurrer to evidence, and accordingly dismissing plaintiffappellants Complaint for...
Promulgated on 2005-04-14

519. CA GR SP 70209: Fairgrounds Developers Corp., et al. vs. Hon. Felix S. Caballes, et al.
On April 12, 2002, petitioners Fairground Developers Corporation and Felino Neri, Jr. filed the instant petition for certiorari, prohibition and mandamus assailing the Orders of the respondent Judge, Hon. Felix Caballes, in Civil Case No. 00-5950,...
Promulgated on 2005-04-14

520. CA GR SP 83797: China Banking Corp. vs. Hon. Floro P. Alejo, et al.
This is a petition for certiorari filed under Rule 65 of the 1997 Rules of Civil Procedure to annul and set aside the Orders issued by respondent Judge Floro P. Alejo in the case of Felix T. Chingkoe, et. al. vs. The China Banking Corp., et. al. docketed...
Promulgated on 2005-04-14

521. CA GR SP 73987: Richard Ballon vs. NLRC, et al.
AMENDED DECISION. On July 29, 2004, this Court promulgated a decision resolving these consolidated petitions for certiorari,...
Promulgated on 2005-04-14

522. CA GR CR 00350: People vs. Billy Fernandez y Ubac
Before this Court is an appeal1 from the Decision dated November 20, 2002 of the Regional Trial Court (RTC), National Capital Judicial Region, Branch 272, Marikina City in Criminal Cases Nos. 02-4219-MK and 02-4220-MK entitled The People of the Philippin...
Promulgated on 2005-04-14

523. CA GR CR 00117: PEOPLE OF THE PHILIPPINES vs ALEJANDRO RELLOTA y TADEO
Before Us for review is a Decision, dated August 8, 2002, of the Regional Trial Court, Branch 73, Antipolo City, finding Alejandro y Tadeo guilty beyond reasonable doubt of three (3) counts of Rape and sentencing him to suffer the penalty of reclusion...
Promulgated on 2005-04-14

524. CA GR SP 61869: SALVADOR AGUINALDO, et al vs HON. ARTEMIO S. TIPON, et al
This is a Petition for Certiorari under Rule 65 of the revised Rules of Civil Procedure seeking to annul and set aside:...
Promulgated on 2005-04-14

525. CA GR SP 63748: MMDA, et al vs HON. GUILLERMO L. LOJA, SR., et al
This is a Petition for Certiorari with prayer for a Temporary Restraining Order and/or Writ of Preliminary Injunction filed under Rule 65 of the revised Rules of Civil Procedure which assails the Order, dated January 29, 2001, issued by public responden...
Promulgated on 2005-04-14

526. CA GR SP 80964: Federico Serrano vs. People of the Philippines, et al
This petition seeks to nullify the Order dated 19 May 2003 of public respondent Judge Leoncia Real-Dimagiba, Presiding Judge, Branch 194, Regional Trial Court, Paranaque City, denying petitioner Federico M. Serrano s motion to suspend the proceedings in C...
Promulgated on 2005-04-14

527. CA GR SP 85491: Sps. Angelito and Jocelyn Perez vs. RTC, Br. 20, Cauayan City, Isabela, et al.
Amended Decision. The petitioners have filed a motion for reconsideration of our Decision of January 25, 2005. The private respondent has tendered its comment thereon....
Promulgated on 2005-04-14

528. CA GR SP 78362: EPIFANIA M. PANTALEON vs NLRC, et al
Before Us is a Petition for Certiorari under Rule 65 of the revised Rules of Civil Procedure, assailing the Resolution [Rollo, p. 59], dated February 24, 2003, issued by the Third Division of the National Labor Relations Commission, the dispositive por...
Promulgated on 2005-04-14

529. CA GR CV 78330: D.G. Fajardo Construction Corp. vs. SKS Construction and Dev. Corp.
Appeal by the adverse claimant from the Decision of the Regional Trial Court of Batangas City in Special Proceeding No. 5884...
Promulgated on 2005-04-14

530. CA GR SP 89163: Valle Verde Mansions vs. Hon. Erlinda Pinera Uy, et al
Before this Court is a petition for certiorari under Rule 65 of the 1997 Rules of Civil Procedure, assailing the orders dated June 30, 2004 and December 13, 2004 of the public respondent in Criminal Case No. 116206 for Estafa entitled People of the Philip...
Promulgated on 2005-04-14

531. CA GR CV 82966: Nautica Canning Corp. vs. LIG Marine Products, Inc.
For failure of plaintiff-appellant to file the required appellant?s brief within the reglementary period which expired on December 3, 2004, the appeal in this case is considered ABANDONED and DISMISSED....
Promulgated on 2005-04-14

532. CA GR CV 83387: RURAL BANK OF CANDELARIA (ZAMBALES) vs NORMA SABLAN,
In the Motion For Reconsideration filed by Atty. Conrado C. Fallorin of the Public Attorney?s Office of Balili-Iba, Zambales, he alleged thereat that he attached to his Motion To Admit the receipt for payment of the docket fees. Nowhere in the records,...
Promulgated on 2005-04-14

533. CA GR CR 27781: Governor Rodolfo Farenas vs. People
AMENDED DECISION. On September 27, 2004, this Court rendered a Decision affirming petitioner s conviction by the Metropolitan Trial Court of Quezon City (Branch 42) in Criminal Case Nos. 20786 and 16637 and Regional Trial Court of Quezon City, Branch 82...
Promulgated on 2005-04-14

534. CA GR SP 87135: Gerardo I. Dumansi vs. NLRC and Lepanto Consolidated Mining Co.
Before us is a petition for certiorari under Rule 65 of the 1997 Rules of Civil Procedure, questioning the following resolutions of public respondent National Labor Relations Commission (NLRC) in NLRC CA No. 035889-03 (RAB-CAR- 09-0367-02):...
Promulgated on 2005-04-14

535. CA GR CV 69306: Regal Films, et al vs. Vittorio Romero
Plaintiffs-appellants REGAL FILMS INCORPORATED and LILY Y. MONTEVERDE (hereinafter called Ms. Monteverde) and defendantappellant VITTORIO ROMERO both appeal the Decision dated July 9, 2000 rendered by the Regional Trial Court of Quezon City, Branch 225, t...
Promulgated on 2005-04-14

536. CA GR SP 84632: Oria vs. Hon. Macario Carpio, et al
In this Petition for Certiorari under Rule 65 of the Rules of Civil Procedure, petitioners decry the act of the respondent judge in allowing summary presentation of evidence by private respondent in the case below albeit the judge was ordered by this Cour...
Promulgated on 2005-04-14

537. CA GR SP 88676: The People and Alfredo Bernabe vs. Judge of RTC Br.37 Lingayen, Pang., et al
The Explanation submitted by the petitioners pursuant to our resolution of March 7, 2005 fails to convince us that this petition is the correct mode of review of the judgment of the Regional Trial Court (RTC), Branch 37, Lingayen, Pangasinan....
Promulgated on 2005-04-14

538. CA GR SP 88684: Choi Chung Huen vs. Pentagon Steel Corp., et al
This is an appeal from the mandamus case filed by the petitioner before Branch 93, Regional Trial Court (RTC) of Quezon City which was decided on December 23, 2004 against the defendant therein....
Promulgated on 2005-04-14

539. CA GR SP 85772: Mansueta G. Sison vs. Judge - RTC Br.225 Quezon City
Should a court issue a writ of execution after the case has been withdrawn by virtue of a judgment by compromise agreement? This is the issue facing this Court in this petition for mandamus ......
Promulgated on 2005-04-14

540. CA GR SP 84500: MA. SALOME M. VILLASIS vs NATIONAL LABOR RELATIONS COMMISSION, ET AL.,
For resolution is the Motion For Reconsideration filed by private respondent of our Decision dated November 26, 2004, alleging that a palpable error was committed when the dissent of NLRC Commissioner Romeo Go was the one upheld, instead of the ruling...
Promulgated on 2005-04-14

541. CA GR SP 83809: UNION BANK OF THE PHILIPPINES vs HON. RENATO G. QUILALA ETC., ET AL.,
After perusing petitioner's Motion For Reconsideration, We find no cogent reason to disturb our findings in the assailed decision dated August 19, 2004....
Promulgated on 2005-04-14

542. CA GR CV 73081: Silveriano dela Cruz, et al vs. Republic
The Republic, through the Solicitor General, interposed the instant appeal from the 21 September 2001 Amended Decision of Branch 1, Municipal Trial Court1 of San Fernando, La Union in Land Registration Case No. N-95-29, granting appellees petition for reg...
Promulgated on 2005-04-14

543. CA GR CR 00691: People vs. Buddy Bobila
On appeal is the Decision dated February 20, 2001 of the Regional Trial Court of Pasay City, Branch 109, in Criminal Case Nos. 00-0626 and 00-0627 convicting accused-appellant of two (2) counts of simple rape, sentencing him to suffer the penalty of recl...
Promulgated on 2005-04-14

544. CA GR SP 78721: JOCELYN M. GALERA vs NATIONAL LABOR RELATIONS COMMISSION ? FIRST DIVISION,ET AL
When there is allegation of illegal dismissal involving a corporate officer, the labor dispute is transformed into an intra-corporate controversy, under the original and exclusive jurisdiction of the Regional Trial Courts, to the exclusion of the Labor A...
Promulgated on 2005-04-14

545. CA GR CV 82377: SPS. ROMEO & RUBY CASAUL vs ROUEL S. QUITO & CLARISSA L. QUITO,
In view of the conformity given by plaintiff-appellant Ruby L. Casaul to her counsel's Motion To Withdraw Appeal, the motion is GRANTED and the APPEAL is hereby WITHDRAWN....
Promulgated on 2005-04-14

546. CA GR CV 71094: RAYMUNDA PLANCO TABUDLONG ET AL VS VIRGILIO L. PLANCO ET AL
Defendants-appellants interposed this appeal from the Decision dated June 6, 2001 of the Regional Trial Court of the City of Makati, Branch 134,dispositively ruling:WHEREFORE, premises considered, the Absolute Deed of Sale dated September 3, 1979 (Exh. D)...
Promulgated on 2005-04-13

547. CA GR SP 89199: Heirs of the Deceased Domingo Sagal vs. Crewserve Inc., et al.
Before us is a petition for certiorari seeking the nullity of the Resolutions dated January 24, 2005 and September 1, 2004 of the National Labor Relations Commission, which were allegedly issued with grave abuse of discretion amounting to lack or excess o...
Promulgated on 2005-04-13

548. CA GR CV 68073: Alicia Paguio, et al. vs. PNB, et al.
Plaintiffs-appellants Alicia, Brenda, Diana, Evelyn and Frederick, all surnamed Paguio, were the former registered owners of two parcels of land and the building constructed thereon located at the corner of Rizal Avenue and Yuseco Street, Sta. Cruz, Ma...
Promulgated on 2005-04-13

549. CA GR SP 76730: LEONARDO S. MENDOZA vs LA SAVOIE DEVELOPMENT CORPORATION, et al
Before this Court is a Petition for Review in accordance with Rule 43 of the 1997 Rules of Civil Procedure lodged in an attempt to reverse and set aside the Resolution dated April 2, 2003 of the Office of the President (OP) in O.P. Case No. 02-J-521...
Promulgated on 2005-04-13

550. CA GR SP 78472: RONALDO S. SALONGA vs HON. ESTELA PERLAS-BERNABE, et al
This petition for certiorari, with prayer for the issuance of a Temporary Restraining Order and/or a Writ of Preliminary Injunction, seeks to annul the Order dated July 21, 2003 issued by then Presiding Judge, Hon. Estela Perlas-Bernabe, of the Regiona...
Promulgated on 2005-04-13

551. CA GR SP 61831: Atonia B. Madarang vs. Benita and Wilfredo Ragel, et al.
Before this Court is a Petition for Review under Rule 42 of the Rules of Court of the decision of the Regional Trial Court (RTC) of Quezon City, Branch 91, dated October 18, 2000 in Civil Case No. Q-40798....
Promulgated on 2005-04-13

552. CA GR SP 66927: Anna Liza Garcia, et al. vs. Ma. Liza C. Mizuno and her husband
Before this Court is a petition for review under Rule 42 of the Rules of Court of the Order dated August 28, 2000 issued by the Regional Trial Court (RTC), Branch 71, Iba, Zambales, in Civil Case No. RTC-1626-I....
Promulgated on 2005-04-13

553. CA GR CV 60029: Rolando V. Navarra vs. Elenita Segismundo Navarra
On Appeal is the December 23, 1996 Decision1 of the Regional Trial Court, Branch 37, Manila, in Civil Case No. 94-71458, declaring the marriage between plaintiff-appellee Rolando Navarra and defendant appellant Elenita Segismundo Navarra void ab initio on...
Promulgated on 2005-04-13

554. CA GR SP 69740: Nam Kyu Lee and Seo Ro Kyoung vs. Sps. Ma. Elizabeth Araneta-Casanas & Antonio Casanas
Before this Court is a petition for review under Rule 42 of the Rules of Court of the Decision dated February 22, 2000 rendered by the Regional Trial Court (RTC), Branch 150, Makati City, in Civil Case No. 01-1629....
Promulgated on 2005-04-13

555. CA GR SP 60167: Reynaldo Abay, Jr. vs. Ricardo R. San Andres (judicial administrator)
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 Feb 24, 2000 issued by the Regional Trial Court, Branch 24, Naga City, in Civil Case No. 98-4156....
Promulgated on 2005-04-13

556. CA GR SP 69879: Editha R. Santos, et al. vs. NLRC 2nd Div., Altenee Company, 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 Sept 27, 2001 issued by the National Labor Relations Commission, Second Div....
Promulgated on 2005-04-13

557. CA GR SP 77563: Marcelo C. Amiana vs. Sps. Norberto and Zenaida de Honor
Before us is a petition for review of the Decision of the Regional Trial Court, Branch 170, Malabon City...
Promulgated on 2005-04-13

558. CA GR SP 89233: RPL Hotel Inc., et al. vs. Hon. Ciriaco A. Lagunzad III, et al.
Assailed in this petition for certiorari filed by petitioners are the Order dated June 18, 2003 of Regional Director Ciriaco A. Lagunzad III......
Promulgated on 2005-04-13

559. CA GR CV 76132: LOURDES MALIWAT-ATENGCO ET AL VS REPUBLIC OF THE PHILIPPINES
Republic Act No. 26 was enacted to provide a special procedure for the reconstitution of Torrens certificates of title that are missing and not xxx titles which are existing.On appeal by oppositor Republic of the Philippines, through the Office of the So...
Promulgated on 2005-04-13

560. CA GR SP 83040: GLEN MORATALLA VS RTC JUDGE ANTONIO C.A. AYO, JR. and SILVESTRE F. BATURIANO
Assailed by petitioner Glen Moratalla in this petition for certiorari filed under Rule 65 of the Rules of Court are the July 28, 2003 Decision and January 16, 2004 Order which public respondent Presiding Judge of the Regional Trial Court (RTC),Branch 62,...
Promulgated on 2005-04-13

561. CA GR SP 77273: Grand Floridian vs. Hon. Manuel D. Victorio, et al.
A petition for certiorari and mandamus was filed by petitioner with this Court on June 2, 2003 seeking the nullity of the Order of respondent Judge dated March 12, 2003 dismissing Criminal Case No. 037726...
Promulgated on 2005-04-13

562. CA GR CR 26790: People vs. Elvie Parel Melecio
This is an appeal from the decision, dated 22 July 2002, of the Regional Trial Court, First Judicial Region, Branch 3, Baguio City, in Criminal Case No. 19580-R, the dispositive portion of which reads:...
Promulgated on 2005-04-13

563. CA GR SP 86867: SPS. EDWIN P. SANTIAGO, et al. vs. RTC BR 276, MUNTINLUPA CITY JUDGE NORMA C. PERELLO, ET AL.
At bar is a petition for certiorari under Rule 65 of the present Rules of Court assailing the Order dated July 27, 2004 rendered by the Regional Trial Court of Muntinlupa City, Branch 276, in Civil Case No. 02-005, entitled, "Spouses Edwin P. Santiago...
Promulgated on 2005-04-13

564. CA GR CV 81270: Nicolas Diego Jr. vs. William Francisco, et al
Before this Court is an appeal from the decision dated May 26, 2003 of the Regional Trial Court, First Judicial Region, Branch 41, Dagupan City, Pangasinan in Civil Case No. 2001-0115-D entitled Nicolas T. Diego Jr., represented by his attorney-in-fact H...
Promulgated on 2005-04-13

565. CA GR CV 82297: LOURDES F. CARRIAGA vs. SPOUSES HENRY AND BETH JUSAY,
On February 17, 2005, this appeal was ordered dismissed for failure to submit appellant's brief. In Our resolution, We found a pattern of an intention to delay the case....
Promulgated on 2005-04-13

566. CA GR SP 80535: Commissioner of Customs, et al vs. Hon. Concepcion Vergara, et al
The Commissioner of Customs and his point men in the Port of Manila are impleaded as co-defendants in an unusual case for collection of attorney s fees filed by a lawyer against his client in connection with a particular importation....
Promulgated on 2005-04-13

567. CA GR SP 87149: Naomi Hiu-Dizon vs. Hon. Ofelia Pinto,et al
Before this Court is a petition for certiorari under Rule 65 of the 1997 Rules of Civil Procedure which seeks to declare as null and void the order dated October 22, 2004 of the Regional Trial Court, Third Judicial Region, Branch 60, Angeles City in Civ...
Promulgated on 2005-04-13

568. CA GR SP 88708: Dorothy Sarte vs. Hon. Violeta M. Perena, et al.
Section 1, Rule 65 of the Revised Rules of Court states: The petition shall be accompanied by a certified true copy of the judgment, order or resolution subject thereof, copies of all pleadings and documents relevant and pertinent thereto...
Promulgated on 2005-04-13

569. CA GR SP 86536: Orlando Serradilla, et al vs. Guillermo Pili, et al
Before this Court is petitioners motion for reconsideration of the 14 February 2005 Resolution....
Promulgated on 2005-04-13

570. CA GR SP 86648: Noel Daligdig, et al vs. Marilyn Santiago, et al
Before this Court is a petition for certiorari under Rule 65 of the 1997 Rules of Civil Procedure which is erroneously designated under Rule 43 of the Rules, seeking to annul, reverse or nullify the resolutions dated September 12, 2002 and August 5, 20042...
Promulgated on 2005-04-13

571. CA GR SP 86301: Times Transportation Company vs. NLRC, et al
Before this Court is a Petition for Certiorari under Rule 65 of the 1997 Rules of Civil Procedure assailing the Resolution dated April 24, 2003 and the Decision dated June 29, 2004 of the National Labor Relations Commission in NLRC NCR IC No. 0001199-03...
Promulgated on 2005-04-13

572. CA GR CV 77408: EDILBERTO DEL ROSARIO VI VS THE REGISTER OF DEEDS OF BALANGA, THE PROVINCIAL TREASURER OF BATAAN ET
xxx (A) judgment must xxx be in accordance with the theory of the action on which the pleadings are framed and the case was tried.The Case On appeal by private respondents Lourdes del Rosario and Evangeline del Rosario is the Order dated September 2, 200...
Promulgated on 2005-04-13

573. CA GR CV 82177: ISMAEL PESIGAN, ET. AL. VS. TROPICAL HOMES, INC.
For failure of defendant-appellant to file a brief within the period granted by this Court, the appeal is considered abandoned and is accordingly DISMISSED pursuant to Sec. 1(e), Rule 50 of the 1997 Rules of Civil Procedure....
Promulgated on 2005-04-13

574. CA GR SP 84641: Nestor S. Valeroso vs. The Ombudsman, et al
For resolution is the Office of the Solicitor General's (OSG's) Motion for Reconsideration on Our December 16, 2004 Decision which annulled and set aside the assailed June 10, 2004 Order of the Ombudsman....
Promulgated on 2005-04-13

575. CA GR SP UDK 5320: Federico Monzaga, et al. vs. Edwin Mahinay, et al.
A motion for extension of time to file petition for review was filed by petitioners alleging that they are litigating the instant action as pauper litigants, as provided under Section 2, Rule IV of the DARAB Rules of Procedure and Section 21, Rule 3 of...
Promulgated on 2005-04-13

576. CA GR CR 27962: People vs. Roger Rivas y Javier
Before Us on appeal is the June 25, 2003 Decision of the Regional Trial Court of Manila, Branch 35 in Criminal Case No. 02-205647. The decretal portion of the Decision reads:...
Promulgated on 2005-04-13

577. CA GR SP 85286: Macario Andres, et al vs. Lorenzo Quinlog, et al
Before this Court is a Petition for Certiorari under Rule 65 of the Revised Rules of Court assailing the Decision dated February 7, 2002 and Resolution dated March 22, 2004 of the National Labor Relations Commission (NLRC) in NLRC NCR CA NO. 026914-2000;...
Promulgated on 2005-04-13

578. CA GR CV 77239: Zenaida Chan-Antolin vs. Republic
Finding no new matter of substance that would warrant the modification much less the reversal of the November 11, 2004 Decision of this Court, the Motion for Reconsideration filed by oppositor appellant is hereby DENIED for lack of merit....
Promulgated on 2005-04-13

579. CA GR CR 00533: People vs. Henry Ordas, et al
Before this Court is an appeal, originally filed with the Supreme Court but referred to this Court pursuant to the ruling in People vs. Mateo, from the decision dated November 23, 2000 of the Regional Trial Court, Third Judicial Region, Branch 75, Olonga...
Promulgated on 2005-04-12

580. CA GR CR 28841: People vs. Fernando Mercado
WHEREFORE, the instant appeal of complainant appellant Enrico de Leon is hereby ABANDONED and DISMISSED pursuant to Section 8, par. 1, Rule 124 of the Revised Rules of Criminal Procedure, as amended....
Promulgated on 2005-04-12

581. CA GR CV 83082: Reynaldo Cuevas vs. Republic of the Philippines
A motion to withdraw appeal was filed by oppositor-appellant Republic of the Philippines alleging that petitioner, sua sponte and without invitation by the Office of the Solicitor General (OSG), presented on February 22, 2005 a copy of the contract to sel...
Promulgated on 2005-04-12

582. CA GR SP 82245: Paquito Fafamanilay vs. Rogelio Famanilay, et al
This is a petition for review under Rule 42 of the Rules of Court, assailing the Decision dated 16 October 2003 of the Regional Trial Court of Iba, Zambales, Branch 71, Third Judicial Region, in Civil Case No. 1935-I, which affirmed with modification the...
Promulgated on 2005-04-12

583. CA GR CV 72200: Heirs of Alejandro Romulo vs. Benito Niliador, et al
Even if the person is the real owner of a property, the possession thereof cannot be wrested from another who has been and remains to be in the physical or material possession of the same and who objects thereto....
Promulgated on 2005-04-12

584. CA GR CR 28152: People vs. POI Rolando Punzalan
Before this Court is an appeal from the Decision dated November 3, 2003 of the Regional Trial Court (RTC), National Capital Judicial Region, Branch 33, Manila in Criminal Case No. 01-197066 for Homicide, the decretal portion of which reads:...
Promulgated on 2005-04-12

585. CA GR CV 62145: Phil. Radio Education vs. Republic of the Philippines
Is the non-submission in evidence of the original tracing cloth plan fatal to an application for registration of title to land. This is the sole contentious issue of an appeal interposed by the Office of the Solicitor General from a decision of the trial...
Promulgated on 2005-04-12

586. CA GR SP 81108: Gaudencio Labrador vs. Lulu Uson
Based on the report dated April 6, 20051 of the Judicial Records Division that petitioner has neither filed a motion for reconsideration nor an appeal to the Supreme Court with respect to this Court s Decision dated January 26, 2005, let entry of judgment...
Promulgated on 2005-04-12

587. CA GR CV 81482: JB Lines Bicol Express vs. Albert Dy
WHEREFORE, in view of all the foregoing, the motion to admit appellant?s brief is DENIED and the attached appellant?s brief is ordered EXPUNGED from the record. Accordingly, for failure to file appellant?s brief within the reglementary period, the appe...
Promulgated on 2005-04-12

588. CA GR SP 89050: Teodoro Salvador vs SSS
The instant Petition for Review is not accompanied by the following pleadings and documents necessary to support the allegations in the petition, in violation of Section 6, Rule 43 of the 1997 Revised Rules of Civil Procedure:...
Promulgated on 2005-04-12

589. CA GR SP 84405: Pampanga Sugar, et al vs. Joaquin Soliman, et al
Before this Court is a Petition for Review on the 15 January 2004 Decision and the 21 May 2004 Resolution of the Department of Agrarian Reform Adjudication Board (DARAB) in DARAB Case No. 4342 entitled Joaquin Soliman, Lazaro Almario....
Promulgated on 2005-04-12

590. CA GR SP 53113: Philippine Industrial Security Agency Corp., et a. vs. N.L.R.C. & Adonis Regalario
All considered, the act of petitioners of keeping private respondent on floating status for more than six months amounted to constructive dismissal without cause and due process. Such constructive dismissal was therefore illegal....
Promulgated on 2005-04-12

591. CA GR SP 87643: Avantgarde Shipping Corp., et al. vs. N.L.R.C. & Francisco Furo
Finding the terms and conditions stated in the Release of All Rights to be not contrary to public policy, the Court resolved to approve the same....
Promulgated on 2005-04-12

592. CA GR SP 79992: Abelardo R. Orivida Sr. vs. Testate Estate of Conrado C. Potenciano, et al.
Presented before us is the Motion to Withdraw filed by petitioner stating that the parties have amicably settled all their claims in connection with Civil Case No. 02-0116, and thus move for the dismissal of the petition....
Promulgated on 2005-04-12

593. CA GR CR 00235: People vs. Antonio Santos y Magno
HC - This is an appeal from the September 10, 2003 Decision of the Regional Trial Court, Branch 65, Makati City, in Criminal Case No. 02-2044, finding the accused guilty beyond reasonable doubt of having committed a Violation of Section 5, Article II, Rep...
Promulgated on 2005-04-12

594. CA GR SP 69697: Antonio Velasco, et al. vs NLRC, et al.
PROTECTION to labor does not mean oppression of capital. The payment of separation pay, as an obligation imposed under the Labor Code, is already complied with when one does so in accordance with the requirements prescribed by law....
Promulgated on 2005-04-12

595. CA GR CV 61490: Sps. Yves and Maria Teresa Remondeulaz vs. Paramount Insurance Corp.
This is an appeal from the October 7, 1998 Order of the Regional Trial Court of Makati City, Branch 63, in Civil Case No. 95-622, dismissing the action filed by plaintiffs-appellants Spouses Yves and Maria Remondeulaz for the recovery of the insured value...
Promulgated on 2005-04-12

596. CA GR CV 54556: Sps. Susana and Henry Ty vs. Sps. Teresita and Manuel Boniao, et al.
On August 14, 2003, a Decision was rendered by this Court; the decretal text of which reads: WHEREFORE, premises considered, the instant appeal is hereby DENIED for lack of merit, and the Decision of the trial court dated 21 February 1996 is hereby AFFI...
Promulgated on 2005-04-12

597. CA GR SP 86120: Geroncia A. dela Cruz vs. Jimmy Arellano
For consideration is a Petition for Review assailing the Decision of the Adjudication Board, Central Office dated November 13, 2003 over DARAB Case No. 10125, and seeking the reinstatement of the Resolution of the Provincial Agrarian Reform Adjudicator o...
Promulgated on 2005-04-12

598. CA GR SP 63811: Anselmo S. Azucena vs Hon. Enrico Lanzanas, et al.
ASSAILED in this petition for certiorari are the (1) Order of the Regional Trial Court denying petitioner's motion to be dropped from the complaint and/or be substituted by his successor as Land Bank Taft Avenue, Manila branch manager, and (2) Order denyi...
Promulgated on 2005-04-12

599. CA GR SP 83499: Eduardo Alicias, Jr. vs. Leticia Ho
Petitioner having substantially complied with the basic requirements of the Rules and in keeping with the rule that every litigant must be given the amplest opportunity for the determination of their cases on the merits, and of dispensing with the techni...
Promulgated on 2005-04-12

600. CA GR SP 82892: DR. PROSPERO PILAR vs. SAMUEL PARILLA, et al.
After an assiduous perusal of the arguments laid down in respondents' Motion for Reconsideration and those contained in petitioner's Opposition/Comment thereto, We find the motion offering no justifiable reason for Us to modify or reconsider the decisi...
Promulgated on 2005-04-12

601. CA GR SP 87068: Philand Security and Detective Agency, Inc. vs. Ronaldo L. Santillan, et al.
This pertains to the motion for reconsideration filed by the petitioner through counsel seeking for the reinstatement of the petition which was dismissed by this Court in the Resolution dated 11 January 2005, and the Motion for Issuance of Writ of Preli...
Promulgated on 2005-04-12

602. CA GR CV 73524: Argem Loans, Inc. vs. Simeona Dumasan, et al.
Before this Court is an ordinary appeal filed by appellant assailing the Decision rendered by Hon. Fernando Vil Pamintuan of the Regional Trial Court of Baguio City, First Judicial Region, Branch 3 in Civil Case No. 4417-R, entitled Argem Loans, Inc. v...
Promulgated on 2005-04-12

603. CA GR SP 87182: Sps. Marina and Antonio Ng vs. Hon. Benjamin T. Antonio, et al.
Assailed in this petition for certiorari, as tainted with grave abuse of discretion amounting to lack or excess of jurisdiction, is the Order issued on September 14, 2004 by the Honorable Benjamin T. Antonio, Presiding Judge of the Regional Trial Court of...
Promulgated on 2005-04-12

604. CA GR CV 71325: Sps. Vicente and Ana Consuelo Camandang vs. Bienvenido Ignacio, et al.
Before this Court is an ordinary appeal seeking the reversal of the Decision dated 25 March 2001 rendered by Hon. Ernesto P. Pagayatan of the Regional Trial Court, Fourth Judicial Region, San Jose, Occidental Mindoro, Branch 46, in Civil Case No. R-972...
Promulgated on 2005-04-12

605. CA GR SP 83097: Royal Processing and Canning Corp., et al. vs. NLRC, et al.
Before Us is a Petition for Certiorari under Rule 65 of the 1997 Rules of Civil Procedure assailing the Resolution of the NLRC (First Division) promulgated on 29 December 2003 in NLRC NCR Case No. 04-02176-2000, NLRC NCR CA No. 034437-03, which affirmed t...
Promulgated on 2005-04-12

606. CA GR SP 84172: I-Gate Solutions & Technologies Corp. and/or Jordan Pizarras vs. The N L R C , et al.
We have carefully perused petitioner's Motion For Reconsideration and find it offering no cogent, justifiable reason to modify or recall the decision rendered in this case....
Promulgated on 2005-04-11

607. CA GR SP 73765: Makati Tuscany Condominium Corp. vs. NLRC, Dick Tracy Salinas, et al.
On various dates, private respondents Dick Tracy U. Salinas, et al. filed individual complaints with the Nat'l. Labor Relations Comm. for illegal dismissal, underpayment/non-payment of salaries, overtime pay,...
Promulgated on 2005-04-11

608. CA GR SP 81872: Sps. Elmor and Chat Bance vs. Betty Lim
Before Us is a petition for review which assails the Decision dated January 5, 2004 rendered by the Regional Trial Court of Manila in Civil Case No. 03-107-297,...
Promulgated on 2005-04-11

609. CA GR SP 82751: Rudy Tesoro vs. Winston Garcia
The Constitution (Article XI, Section 1) mandates that public officers, such as the petitioner, serve the people with utmost responsibility and efficiency. Public office is, indeed, a public trust, and public servants, as herein petitioner, are required t...
Promulgated on 2005-04-11

610. CA GR CV 80601: Heirs of Narcisa Bagayawa, et al. vs. Heirs of James Lee, et al.
Before this court is an appeal of the orders dated April 21, 2003 and June 26, 2003 rendered by the Regional Trial Court Branch 60 of Iriga City dismissing the complaint filed by plaintiff-appellant for declaration of nullity of title with prayer for dam...
Promulgated on 2005-04-11

611. CA GR SP 80773: Malayan Insurance Co., Inc. vs. Hon. Placido Marquez, et al.
BEFORE US is a motion for reconsideration filed by petitioner through counsel, seeking for the reconsideration of the Decision dated 21 May 2004...
Promulgated on 2005-04-11

612. CA GR CV 78955: Marjorie B. Lopingco vs. Traders Royal Bank, Jerome Solco and the Register of Deeds of Makati
On February 28, 2005, appellees were required to file their Comment on the appellant' Motion For Reconsideration....
Promulgated on 2005-04-11

613. CA GR CV 68244: LI WANYI vs. VIOLETA M. MAGAT
On July 21, 2004, defendant-appellant filed a Very Urgent Motion to Set Aside Entry of Judgment averring the following: That on June 13, 2004, defendant-appellant received a copy of an Entry of Judgment declaring the Decision dated October 22, 2003 as alr...
Promulgated on 2005-04-11

614. CA GR SP 82343: Baguio Country Club vs. Ramon Ilusorio, et al
This is a motion to withdraw the petition filed by petitioner through counsel. It is supported by a Secretary s Certificate showing that the withdrawal was affirmed by the board of directors....
Promulgated on 2005-04-11

615. CA GR SP 80296: RAYTHEON EBASCO vs. Commissioner on Internal Reveniw
Raytheon Ebasco Overseas Ltd. (Philippine Branch), herein petitioner appellant, assails via a petition for review the May 23, 2003 resolution issued by the Court of Tax Appeals in CTA Case No. 6458 entitled Raytheon Ebasco Overseas Ltd. (Philippine Branch...
Promulgated on 2005-04-11

616. CA GR SP 88592: Valentin Alicpala vs. Hon. Normelito Ballocanag, etc., et al.
In its Resolution promulgated last February 16, the Court directed petitioner to submit affidavits of his witnesses to support his petition for annulment of judgment, in accordance with the last paragraph of Section 4 of Rule 47, which provides, inter al...
Promulgated on 2005-04-11

617. CA GR CV 58619: Paces Industrial Corp., vs. ARRA Realty
Assailed in this present appeal is the decision of the Regional Trial Court of Makati, Branch 147, which disposed as follows:...
Promulgated on 2005-04-11

618. CA GR SP 55574: Teodoro A.Reyes, etc. vs .Hon. Emilio L. Leachon, Jr., etc., et al.
is our perception that public respondent committed grave abuse of discretion in issuing the assailed orders, which must then be set aside....
Promulgated on 2005-04-11

619. CA GR SP 80730: Huliganga vs. Pacita Tuason Principe
Through this Petition for Review under Rule 42 of the 1997 Rules of Civil Procedure, petitioner-spouses Rolando and Adelisa Huliganga, seek to annul the Decision1 of the Regional Trial Court (RTC) of Manila, Branch 32 in Civil Case No. 02-104987 dated 15...
Promulgated on 2005-04-11

620. CA GR CV 70348: DENR vs. Rosario Vitug, et al.
This is an appeal from the Order dated September 9, 1999 of the Regional Trial Court, Branch 74, Olongapo City dismissing Civil Case No. 247-0-98 for failure of plaintiff-appellant to prosecute the same for an unreasonable length of time....
Promulgated on 2005-04-11

621. CA GR CV 78271: Continental Cement Corp. vs. AEG Lloyd Dynamo Worke, et al.
This is an appeal from the Decision dated 26 September 2002 of the Regional Trial Court Branch 96, Quezon City in Civil Case No. Q-98-33641...
Promulgated on 2005-04-11

622. CA GR CV 79050: Sps. Juanito and Carmen Pena vs. Pilar Dev. Corp.
Appeal from the decision of the Regional Trial Court, Branch 44, City of San Fernando, in Civil case No. 12271 an action for Specific Performance, and Accounting with Damages....
Promulgated on 2005-04-11

623. CA GR SP 86856: Sps. Teodoro and Clarita H. Casino vs. Hon. Francisco C. Rodriguez, et al.
Before Us is a Petition for Certiorari under Rule 65 of the 1997 Rules on Civil Procedure. It seeks the annulment of the Orders dated May 7, 2004 and August 4, 2004, respectively, in Sp. Civil Action Case No. 101, rendered by Judge Francisco C. Rodriguez,...
Promulgated on 2005-04-11

624. CA GR SP 73408: Commissioner of Internal Revenue vs. Unique Dyeworks, Inc.
Before us is a petition for review of the Decision of the Court of Tax Appeals dated June 26, 2002, which cancelled and set aside the 1995 deficiency income tax assessment in the amount of P3,256,031.57 for the year 1995 issued by petitioner to respond...
Promulgated on 2005-04-11

625. CA GR CV 70892: Alberto M. Velasquez vs. Reynaldo H. Jaylo, et al.
This is an appeal from the Decision of the Regional Trial Court, Branch 33, Manila dismissing the complaint for cancellation of Tax Declaration No. B-063-No. 01172 and damages....
Promulgated on 2005-04-11

626. CA GR CR 27346: People vs. Allan Buquiz
This is an appeal from the Decision dated March 12, 2003 of the Regional Trial Court, Branch 10, Balayan, Batangas in Criminal Case No. 4434 finding Allan Buquiz guilty of the crime of homicide....
Promulgated on 2005-04-11

627. CA GR SP 85385: JESUS R. DE VEGA vs RANULFO AUNGON,
This is a Petition for Review under Rule 42 of the 1997 Rules of Civil Procedure, as amended seeking to reverse and set aside the Order dated July 16, 2004 of the Regional Trial Court of Quezon City, Branch 87 (hereafter RTC) in Civil Case No. Q-03-50263...
Promulgated on 2005-04-11

628. CA GR CV 73738: Tereso Bundalian vs. Eufemia Alvero, et al.
Before us is an appeal from the Decision of the Regional Trial Court, Branch 32, San Pablo City, which dismissed the complaint for quieting of title filed by plaintiff-appellant against defendants-appellees....
Promulgated on 2005-04-11

629. CA GR SP 83558: LEGACY TRANSPORT CORPORATION and ANTONETTE S. ROSCA vs. NATIONAL LABOR RELATIONS COMMISSION, et al.
This is a petition for certiorari under Rule 65 of the 1997 Rules of Civil Procedure with prayer for issuance of preliminary injunction and temporary restraining order,...
Promulgated on 2005-04-11

630. CA GR SP 88276: MR. & MRS. OLPIANO and NENITA MONTICALVO VS. SPS. CESAR and MILAGROS PARAGAS. ET. AL.
For failure of petitioners to accompany the petition with clearly legible duplicate originals or true copies of the demand letter, answer, position papers and appeal memoranda, the petition is hereby DISMISSED....
Promulgated on 2005-04-11

631. CA GR CR 00513: People vs. Gregorio Corpuz
This is an appeal from the Judgment, dated 19 July 1999, of the Regional Trial Court, Second Judicial Region, Branch 08, Appari, Cagayan, in Criminal Case No. 08-974, the dispositive portion of which reads:...
Promulgated on 2005-04-08

632. CA GR SP 85876: PILHINO SALES CORPORATION vs. SPS. DAN AND MARY JANE PAGUIRIGAN, ET AL.
Before this Court is a Petition For Certiorari seeking the reversal of the 16 December 2003 and 09 June 2004 Orders of the Regional Trial Court of Mandaluyong City, Branch 210 in Civil Case No. MC-00-1260, the dispositive portions of said Orders read as...
Promulgated on 2005-04-08

633. CA GR SP 83813: Pacific Glass Products Mfg. Corp. vs. NLRC, et al.
In this petition for certiorari, petitioner assails, as tainted with grave abuse of discretion amounting to lack or excess of jurisdiction, the Decision dated December 30, 2003 of the National Labor Relations Commission (or NLRC), in NLRC CA No. 023512-00...
Promulgated on 2005-04-08

634. CA GR SP 87163: El Tigre Security & Investigation Agency, et al vs. Secretary - Labor & Employment, et al
Upon motion of the petitioners, for the reasons stated therein which appear to be well-taken, it appearing that the parties have already settled their differences, this petition is hereby declared WITHDRAWN and TERMINATED....
Promulgated on 2005-04-08

635. CA GR CV 69298: Doblas vs. Aranas
At bench is an appeal from the Decision dated November 7, 2000 of the Regional Trial Court of Caloocan City, Branch 131, in Civil Case No. C-18042, the decretal portion of which states:...
Promulgated on 2005-04-08

636. CA GR SP 79245: LBP vs. Heir of Lorenzo Tanada and Expedita Ebarle
The effort of the government to implement an effective agrarian reform program has resulted in the massive distribution of huge tracts of land to tenant farmers and divested many landowners of their property. Although the Constitution assures payment of j...
Promulgated on 2005-04-08

637. CA GR CR 00035: People vs. Celso Fernandez, et al
HC - Appellant Celso Fernandez y Aguilar was charged before the Regional Trial Court of Manila with violation of RA 6425, as amended by PD 1683 and as further amended by RA 7659, in an Information dated 3 December 1998 reading:...
Promulgated on 2005-04-08

638. CA GR SP 88380: THE OPTICAL SHOP, INC. vs. THE HONORABLE ZENAIDA T. GALAPATE-LAGUILLES, et al.
Before Us is private respondent Bank of the Philippine Islands' (BPI) Motion For Extension Of Time To File Comment With Manifestation And Joint Motion For Substitution dated February 24, 2005, and Second Motion For Extension Of Time To File Comment da...
Promulgated on 2005-04-08

639. CA GR SP 89116: Filidian Rural Bank of Antipolo, Inc. vs. Honorable Romeo R. Barza, et al.
The instant petition for certiorari, prohibition and mandamus is ordered DISMISSED on the ground that:...
Promulgated on 2005-04-08

640. CA GR CV 76740: ROBERTO U. JUAN vs. GLOBE TELECOMS, INC.
Records reveal that the notice to file appellant's brief dated July 13, 2004 was returned unserved as appellant's counsel, Atty. Manuel James K. Raterta, had moved out (of his address on record) without leaving a forwarding address....
Promulgated on 2005-04-08

641. CA GR SP 88280: ROSARIO SIMON FORTUNATO vs HON. SEVERINO B. DE CASTRO, JR., ET AL.
Before us is a Petition for Certiorari, Prohibition and Mandamus with Prayer for Temporary Restraining Order and/or Writ of Preliminary Injunction. A perusal of the petition reveals that the following are not attached to the petition...
Promulgated on 2005-04-08

642. CA GR SP 66836: Philsa International vs. NLRC, et al
For many Filipino overseas workers, the dream of a better life ahead has only been replaced by a nightmare. The little gleam of opportunity that comes their way to put hope into their impoverished lives is buried under a litter of false promises, oppress...
Promulgated on 2005-04-08

643. CA GR SP 84854: SPS. LEO and MAGDALENA A. DOMINGSIL-MALASIG, ET AL. vs SPS. REYNALDO and AMELIA C. RIVERA-FAJARDO
This is a Petition for Review seeking to reverse and set aside the Decision dated September 9, 2003 and the Order dated May 28, 2004 of the Regional Trial Court, Branch 131, Caloocan City....
Promulgated on 2005-04-08

644. CA GR CR 25732: People vs. Geomar Dadula
Accused-appellant Geomar Dadula (or appellant) appeals from the September 6, 2001 decision1 of the Regional Trial Court of Manila, Branch 12, in Criminal Case No. 96-148445, convicting him of theft and sentencing him to suffer an indeterminate sentence of...
Promulgated on 2005-04-08

645. CA GR CV 59428: Fulgencio vs. Felino Gabriel, et al
In this ordinary appeal,defendants appellants seek the nullity of the 17 October 1997 Decision1 of the Regional Trial Court of Manila, Branch 50 in Civil Case No. 92-63507,2 the fallo of which reads:...
Promulgated on 2005-04-08

646. CA GR SP 87045: Shale Harder-Chavez vs. Santiago Galiga
For failure of petitioner to comply with the Resolution dated November 4, 2004, directing her to remit, within ten (10) days from notice, the amount of P2,430.00 to complete the required docket fee and other lawful fees and deposit for costs...
Promulgated on 2005-04-08

647. CA GR CV 82237: Wilson W. Cheng vs. Connie Cosme, et al.
This is an appeal from the Decision, dated February 28, 2003, of the Regional Trial Court (RTC) of Olongapo City Branch 74, rendered in Civil Case No. 332-0-98....
Promulgated on 2005-04-08

648. CA GR SP 66090: La Campana Dev'lt. Corp. vs. Bonaventure Home Smart, Inc., Hanwa Merchandising Corp., et al.
Before the Metropolitan Trial Court of Quezon City, Br.31 were consolidated actions for unlawful detainer involving warehouse buildings at 1176 EDSA, Balintawak, Q.C. The subject premises was leased by La Campana Devl't. Corp. to Bonaventure Home Smart,...
Promulgated on 2005-04-08

649. CA GR CV 78792: Suy Ben Chua vs. Godofredo Tosco, et al.
This is an appeal from a judgment of default1 ordered by the Regional Trial Court (RTC), Branch 22 of Malolos, Bulacan against herein defendants-appellants Godofredo Tosco and Dorotea Tosco Cruz, in a case for collection of sum of money docketed as Civil...
Promulgated on 2005-04-08

650. CA GR CV 83096: Shimizu Philippines Contractors, Inc. vs. Leticia B. Magsalin, et al.
Before us is defendant-appellee FGU Insurance Corporation's motion to dismiss the appeal of plaintiff-appellant from the Order dated December 16, 2003 of the Regional Trial Court, Branch 61, Makati City...
Promulgated on 2005-04-08

651. CA GR SP 77327: MRT Dev. Corp. vs. The Construction Industry Arbitration Commission, et al.
This treats of the Motion For Reconsideration (Rollo, pp. 1470-1575) dated February 04, 2004 filed by Filipinas (PREFAB Bldg.) Systems, Inc. (hereafter, MOVANT FSI) of the Decision (Rollo, pp. 1384-1459) dated January 06, 2004...
Promulgated on 2005-04-08

652. CA GR SP 88918: Sps. Alfredo Valmonte vs. Clarita alcala, et al
WHEREFORE, in view of the foregoing, the petition is hereby OUTRIGHTLY DISMISSED for failure to submit material portions of the record in violation of Section 2 (d), Rules 42 of the 1997 Revised Rules of Civil Procedure....
Promulgated on 2005-04-08

653. CA GR SP 80266: Asiatrust Development Bank vs. Hon. Leoncia Dimagiba, et al
This is a petition for certiorari filed by Asiatrust Development Bank and its president and CEO Dionisio Ong to annul an order of the trial court denying their motion to dismiss an action for sum of money and damages filed against them by their former fir...
Promulgated on 2005-04-08

654. CA GR SP 55055: Francis C. Lim vs. Hon. RTC Br. 255, Las Pinas, Simeon Saballas, et al.
This is a petition for certiorari assailing the order of the lower court (RTC, Br. 255, Las Pinas City) in Civil Case No. 96-0271 entitled "Simeon Saballas, et al., Plaintiffs versus Sheriff Arnel Magat, et al., Defendants."...
Promulgated on 2005-04-08

655. CA GR SP 82235: HERCAR BUILDERS INC., et al vs HON. SECRETARY OF LABOR AND EMPLOYMENT, et al
This is a petition for certiorari under Rule 65 seeking to nullify the Orders of the Hon. Secretary of Labor and Employment dated 2 June 2003 and 8 January 2004 dismissing petitioner's appeal as well as his Motion for Reconsideration thereto....
Promulgated on 2005-04-08

656. CA GR CV 70147: Jose Cajigal Jr., et al. vs. Cho Uy, et al.
On February 27, 1995 the appellants spouses Jose Cajigal, Jr. and Emeline del Rosario (or hereafter the Cajigals) filed before the Regional Trial Court in Olongapo City a suit for Rocovery of Possession With Damages...
Promulgated on 2005-04-08

657. CA GR SP 81045: SPOUSES CRESENTE & GLORIA REGALDE vs. ROYCE MOTOR CENTER, INC.
This Court after going over the petitioners' Motion for Reconsideration filed on December 22, 2004 and the respondent's Comment thereto, finds that there are no new matters or arguments set forth in this instant motion which have not been passed upon and...
Promulgated on 2005-04-07

658. CA GR SP 84903: RODRIGO MALAPITAN vs. FE CASTILLO and GRIDIRON LAND, INCORPORATED
For resolution is the Motion for Reconsideration filed by petitioners to Our Resolution dated July 21, 2004, dismissing petitioners' Petition for Review for their failure to append relevant and pertinent pleadings and documents to the petition and the C...
Promulgated on 2005-04-07

659. CA GR SP 85329: RIZAL COMMERCIAL BANKING CORP. vs. HON. JUDGE NEMESIO S. FELIX, et al.
Respondents seek reconsideration of Our Decision dated January 25, 2005 which granted the petition and reversed and set aside the assailed Orders dated December 17, 2003 and May 5, 2004 issued by the public respondent....
Promulgated on 2005-04-07

660. CA GR SP 72686: Iglesia ni Cristo vs. Hon. Thelma Ponferrada, et al
The petitioner Iglesia Ni Cristo is before Us on a petition for certiorari and prohibition to set aside the order of the lower court denying its motion to dismiss the complaint filed against it by the respondents Heirs of Enrique Santos....
Promulgated on 2005-04-07

661. CA GR SP 87217: SPS. ALFREDO & ENCARNACION CHING vs. HON. PLACIDO C. MARQUEZ, et al.
For resolution is the Motion for Reconsideration filed by petitioners to Our Resolution dated November 17, 2004, dismissing the petition for failure to attach relevant and pertinent pleadings and documents to the petition....
Promulgated on 2005-04-07

662. CA GR CV 75798: LUCIA DE LEON ALTERMAN vs GERTRUDES FELICIANO, ET AL.
We have carefully perused the Motion for Reconsideration filed by defendants-appellants Gertrudes Feliciano, et al., of Our Resolution dated November 24, 2004 and find no cogent or compelling reason to reconsider the said resolution....
Promulgated on 2005-04-07

663. CA GR CR 24694: MIGUEL LLOPIS vs PEOPLE OF THE PHILIPPINES
Accused-Petitioner seeks reconsideration of Our Resolution dated August 30, 2004 denying the second motion for new trial. We have carefully perused the Motion for Reconsideration and find no cogent or compelling reason to reconsider Our Resolution dated...
Promulgated on 2005-04-07

664. CA GR SP 72837: Rose Rodriguez, et al. vs. Hon. Raul de Leon, et al.
This treats of the Motion For Reconsideration (Rollo, pp. 116-120) dated March 5, 2004 filed by the private respondents (hereafter, (MOVANTS) of our Decision (Rollo, pp. 103-112) which was promulgated on January 30, 2004...
Promulgated on 2005-04-07

665. CA GR CV 70327: Jeanie A. Agravente vs. Republic of the Philippines
Before us is an appeal filed by the oppositor-appellant Republic of the Philippines, through the Office of the Solicitor General, of the decision1 of the Regional Trial Court of Olongapo City, Branch 73 dated October 2, 2000....
Promulgated on 2005-04-07

666. CA GR CV 76456: JOSE LARA, ET AL. vs HEIRS OF THE LATE MAXIMO & EUGENIA LOMBOS RAMOS
This pertains to plaintiffs-appellants' Motion for Reconsideration of Our Decision dated December 13, 2004. We have carefully perused the Motion for Reconsideration filed by plaintiffs-appellants and find no cogent or compelling reason to reconsider the s...
Promulgated on 2005-04-07

667. CA GR SP 83655: SAMMAT LINKWORK ENTERPRISES AND ANGELINO C. MATA vs. HON. MA. LUISA QUIJANO PADILLA
Petitioners seek consideration of Our Decision dated December 13, 2004 which dismissed the petition. We have once more reviewed the issues in this petition particularly as they relate to the motion for reconsideration, the comment and reply thereto. We fi...
Promulgated on 2005-04-07

668. CA GR SP 75835: LIGAYA P. AVELINO vs. HON. VILMA T. PAUIG
Petitioner seeks reconsideration of Our Decision dated December 13, 2004 which dismissed the petition for lack of merit. We have once more reviewed the issues in this case particularly as they relate to the motion for reconsideration and the comment there...
Promulgated on 2005-04-07

669. CA GR SP 76421: ASEC DEVELOPMENT CONSTRUCTION CORP. vs. QUIRICO OLIVA, JR.
Although no comment was filed by respondents to the Partial Motion for Reconsideration of the petitioner, the instant motion must be denied. We have painstakingly reviewed the arguments presented and not one is of weight and persuasion sufficient to modif...
Promulgated on 2005-04-07

670. CA GR SP 78741: TEKNIKA SKILLS & TRADE SERVICES, INC., et al. vs. JESUS MASA
This pertains to petitioners? Motion for Reconsideration of Our Decision dated May 26, 2004 which dismissed the petition. There being no compelling reason to modify, reverse or reconsider Our decision rendered in this case, respondents? Motion for Reconsi...
Promulgated on 2005-04-07

671. CA GR SP 88994: Rosa Cruz vs. Almeda Construction and Equipment Rentals, Inc.
Before Us is a Petition for Review which seeks to annul and set aside the Decision dated February 28, 2005 of the Regional Trial Court (RTC) of Malabon City, Branch 170, in Appealed Case No. A4-43-MN....
Promulgated on 2005-04-07

672. CA GR SP 78640: Peak Manpower Resources vs. NLRC, et al.
BEFORE US is a Joint Motion to Dismiss the Case filed by the parties on 04 March 2005....
Promulgated on 2005-04-07

673. CA GR CR 28961: People vs. Eduardo Abasula y Flores
On 21 February 2005, accused-appellant filed his Urgent Motion To Withdraw Appeal with the 1st Indorsement of the Director of the Bureau of Corrections, together with the attached Certification dated 10 February 2005 (with the conformity of the accused-ap...
Promulgated on 2005-04-07

674. CA GR SP 84393: Arina Medel vs. NLRC, et al
This is a petition for certiorari seeking to annul and set aside the resolution, dated 30 December 2003, of the public respondent National Labor Relations Commission (NLRC), in NLRC NCR Case No. 00-11-06032-01 NLRC NCR CA No. 034547-03, which denied peti...
Promulgated on 2005-04-07

675. CA GR SP 59512: Pacific Airway Corp. vs. Ma. Diane B. Decena ("Clique Traveler")
Before this Court is a Petition for Review which seeks to reverse and set aside the Decision dated Apr 26, 2000 of Pasay City RTC, Br 231, in Civil Case No. 99-0640 as well as its Order dated June 7, 2000 denying the motion for reconsideration....
Promulgated on 2005-04-07

676. CA GR SP 83572: Jeanette Delgado vs. Judge Rebecca R. Mariano, et al
The right to travel should not be "construed as delimiting the inherent power of the courts to use all means necessary to carry their orders into effect in criminal cases pending before them" (Santiago vs. Vasquez, 217 SCRA 633)....
Promulgated on 2005-04-06

677. CA GR CR 00660: People vs. Rolando Abriol
This is an appeal, pursuant to Section 3(c), Rule 122 of the Rules of Criminal Procedure (as amended by A.M. No. 00- 5-03-SC1), from the November 25, 2001 Decision of the Regional Trial Court of Gumaca, Quezon, Branch 61...
Promulgated on 2005-04-06

678. CA GR CR 00201: PEOPLE VS. FRANCISCO VINAS y CANARES
This is an appeal from the Decision1 of the Regional Trial Court of Malabon (Branch 170), dated December 3, 2001...
Promulgated on 2005-04-06

679. CA GR CR 26986: People vs. Richard Porras y Antonio
The appellant Richard Porras y Antonio (or hereafter Porras for brevity) was charged before the Regional Trial Court in Urdaneta City with Illegal Possession of Marijuana...
Promulgated on 2005-04-06

680. CA GR SP 88917: Tomas Roman Ilano vs. Col. antonio Atienza, et al
In view of petitioner's Manifestation with Motion to Withdraw stating that Elizabeth Delos Santos Ilano and petitioner Tomas Roman Ilano have resumed occupation of their conjugal home at No. 2155 Camilio Street, Garcia Subdivision, Binan, Laguna...
Promulgated on 2005-04-06

681. CA GR CR 28486: THE PEOPLE OF THE PHILIPPINES vs. FERNANDO F. LAGASCA,
This is an appeal from the Decision dated April 13, 2004 (pp. 257-266, Records) of the Regional Trial Court of Baguio City, Branch 7, in Criminal Case No. 18995-R, entitled "The People of the Philippines vs. Fernando F. Lagasca", for qualified theft....
Promulgated on 2005-04-06

682. CA GR CV 82058: CLARKSON INDUSTRIAL SUPPLY, INC VS LUCKY BUILDERS CENTER CORP.
Defendant-appellant's Appeal is DISMISSED for its failure to file the appellant's brief within the reglementary period, pursuant to Section 1(e), Rule 50 of the Revised Rules of Court. Record shows that on 4 August 2004, this Court sent to defendant-appe...
Promulgated on 2005-04-06

683. CA GR CV 78122: Ernesto Bugayong vs. Republic of the Philippines
The oppositor-appellant Republic of the Philippines, through the Office of the Solicitor General, has filed an appeal with us of the decision1 of the Regional Trial Court of Olongapo City, Branch 74 dated April 23, 2002....
Promulgated on 2005-04-06

684. CA GR SP 83472: LUIS PIEDRAVERDE VS NATIONAL LABOR RELATIONS COMMISSION, CIBO, INC. AND MARGARITA A. FORES,
Assailed in this Petition for Certiorari which petitioner Luis Piedraverde filed under Rule 65 of the Rules of Court are the resolutions of public respondent NLRC dated October 16, 2003 and December 30, 2003.The October 16, 2003 resolution deleted the awa...
Promulgated on 2005-04-06

685. CA GR SP 68112: ANTONIO A.S. VALDEZ vs FACT FINDING AND INTELLIGENCE BUREAU
Before Us 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 15, 2001 of the Administrative Adjudication Bureau (AAB)...
Promulgated on 2005-04-06

686. CA GR SP 81254: Neltex Development vs. Mr. Nelson Sy, et al
For resolution is petitioners' Motion for Reconsideration of this Court's decision dated January 31, 2005 dismissing their petition....
Promulgated on 2005-04-06

687. CA GR SP 67292: Heirs of Antonio Tapucar, et al vs. Heirs of Remigio Jacinto, et al
Before this Court is a motion for reconsideration1 of the Decision dated February 3, 2004 filed by petitioners alleging that they sought the remedy of a petition for certiorari since there was nothing to appeal from as the controversy has not been decided...
Promulgated on 2005-04-05

688. CA GR CV 50323: Juan Trajano vs. Buenaventura Maniego
This is an appeal from the Decision dated May 11, 1993 of the Regional Trial Court of Manila, Branch 50 in Civil Case No. 94-72435, which is an action for specific performance and/or preliminary mandatory injunction with prayer for the issuance of a tempo...
Promulgated on 2005-04-05

689. CA GR CV 80876: Teofila Estrella vs. Juan San Antonio
Finding no new matter of substance which would warrant the modification much less the reversal of this Court s decision dated January 19, 2005, plaintiff appellant s Motion for Reconsideration is hereby DENIED for utter lack of merit....
Promulgated on 2005-04-05

690. CA GR CV 75549: JOSEPH TYPINGCO vs LEBERMAN REALTY CORPORATION,ET AL
To impugn, under Article 1337 of the New Civil Code,the validity of a contract on the ground that there was undue influence exerted on one of the contracting party is to admit that the assailed contract is merely voidable and that the contract remains e...
Promulgated on 2005-04-05

691. CA GR CR 00337: PEOPLE OF THE PHILIPPINES vs FRANCISCO REYES y ABREMAREA
It is highly inconceivable that a young girl would concoct a sordid tale of so serious a crime as rape at the hands of her own father, undergo medical examination, then subject herself to the stigma and embarrassment of a public trial, if her motive were...
Promulgated on 2005-04-05

692. CA GR SP 88160: People vs. Estanislao Lacaba, et al
Before this Court is petitioner s Manifestation and Motion for Reconsideration of this Court s resolution dated January 25, 2005 which outrightly dismissed the Petition for Certiorari because the petition was filed not by the Solicitor General but by As...
Promulgated on 2005-04-05

693. CA GR SP 77966: Jeffrey R. Concepcion vs. NLRC, et al
For utter lack of merit, petitioner's motion for reconsideration of this Court's decision of February 17, 2005 is hereby denied with finality....
Promulgated on 2005-04-05

694. CA GR SP 74430: INTERNATIONAL EXCHANGE BANK vs HON. ADELAIDA R. REYES,ET AL
Section 16, Rule 39 of the 1997 Rules of Civil Procedure provides that a third-person claimant is entitled to file an affidavit of adverse claim with the sheriff in the same court where property was levied upon on execution and this...
Promulgated on 2005-04-05

695. CA GR SP 85296: Heidi M. Ortiz vs. Civil Service Commission, et al.
This pertains to the petitioner s Manifestation with Motion for Reconsideration filed on 05 January 2005, seeking for the reconsideration of the Resolution dated 17 August 2004...
Promulgated on 2005-04-05

696. CA GR CR 00621: People vs. Salvador Daco
On automatic review is the Joint Decision dated February 21, 2003 of the Regional Trial Court of San Jose, Camarines Sur, Branch 30, in Criminal Case Nos. T-2150 to 2156 convicting accused-appellant of seven (7) counts of qualified rape, sentencing him to...
Promulgated on 2005-04-05

697. CA GR SP 87527: Arnel Catsuela vs. Heirs of Macario Bondoc, et al
This is a petition for review filed under Rule 42 seeking to reverse and set aside the Decision dated October 25, 2004 of the Regional Trial Court of Tarlac City, Branch 63 affirming the Decision dated July 23, 2004 of the Municipal Trial Court in Cities...
Promulgated on 2005-04-05

698. CA GR SP 88039: JUDE LITO DALIT, JUDY TABILOG-DALIT vs. WARLITO DALIT
The Court in a Resolution dated January 7, 2005 ordered the issuance of a Writ of Habeas Corpus directing respondent to produce the body of the minor, Jude Lito Dalit, before the RTC of Narvacan, Ilocos Sur on January 14, 2005 and to furnish the Court...
Promulgated on 2005-04-05

699. CA GR SP 85701: Utmost Food Corp., vs. Flexo Manufacturing,Corp.
This is a petition for review filed under Rule 42 seeking to reverse and set aside the Decision1 dated April 29, 2004 of the Regional Trial Court of Caloocan City, Branch 125 in Civil Case No. C-20464 affirming the Decision2 dated December 27, 2002 of...
Promulgated on 2005-04-05

700. CA GR SP 87813: EQUITABLE GENERAL SERVICES and/or PURITA N. ESPINOSA vs. NLRC JERRY D. APORADOR
The Petition for Certiorari suffers from the following formal infirmities: 1) There is no explanation why personal service was not resorted to in violation of Section 11, Rule 13 of the 1997 Rules of Civil Procedure, as amended;...
Promulgated on 2005-04-05

701. CA GR CR 29055: MARSHA GARCIA vs. PEOPLE OF THE PHILIPPINES
It appears that petitioner filed the instant petition for review forty five (45) days beyond the 15-day reglementary period. Petitioner, likewise failed to attached thereto the parties position paper and parties appeal memoranda....
Promulgated on 2005-04-05

702. CA GR SP 88866: Nora Aquino vs. Ginory Holdings Corp.
Before this Court is a Petition for Review dated 10 March 2005. A cursory review of said Petition shows that there is no proof of service/affidavit of service,1 as required under Section 13, Rule 13 of the 1997 Rules of Civil Procedure....
Promulgated on 2005-04-05

703. CA GR CV 77481: JET TRAVEL, INC. AND LETTY CAPPS vs. JESUS G. PIMENTEL, ET AL.
THE APPELLANTS, THROUGH COUNSEL, SEEK THE RECONSIDERATION OF THE RESOLUTION OF DECEMBER 14, 2004 WHEREBY THEIR APPEAL WAS DISMISSED, PLEADING THAT THE APPEAL BE RESOLVED ON THE MERITS IN THE INTEREST OF SUBSTANTIAL JUSTICE....
Promulgated on 2005-04-04

704. CA GR CR 26184: People vs. Timothy John Cashman
In this Motion for Reconsideration of this Court's decision of November 9, 2004, affirming with modifications the decision of the Regional Trial Court of Manila, Branch 38 in Criminal Case No. 99-177578...
Promulgated on 2005-04-04

705. CA GR SP 56659: PHILIPPINE VILLAGE RESORT, INC. vs. VIOLETA J. SEARBY
THE PETITIONER SEEKS RECONSIDERATION OF THE DECISION PROMULGATED ON JANUARY 24, 2005 ON THE FOLLOWING GROUNDS, TO WIT:...
Promulgated on 2005-04-04

706. CA GR SP 79652: North Operation Trucking Service Co. vs. NLRC, et al.
Acting on petitioners' motion for reconsideration of this court's November 12, 2004 Decision which denied due course to the petition....
Promulgated on 2005-04-04

707. CA GR SP 88086: National Federation of Sugarcane Planters Asso. Inc. vs. Hon. Franchito N. Diamante, et al.
BEFORE US is a Motion to Withdraw Petition filed by petitioner through counsel on 17 February 2005....
Promulgated on 2005-04-04

708. CA GR SP 84609: Jocelyn Grace P. Santos vs. Hon. Victoria Villalon-Pornillos, et al.
In this Petition for Prohibition, Jocelyn Grace P. Santos stands as the petitioner asking this Court to restrain Judge Victoria Villalon- Pornillos, Presiding Judge, Regional Trial Court, Malolos, Bulacan from further proceeding with the case...
Promulgated on 2005-04-04

709. CA GR CV 82867: Keichi Kobayashi vs. Renato J. Dilag, et al.
This treats of the plaintiff-appellee?s Urgent Motion for Partial Execution Pending Appeal and the Manifestation with Reiteration for Issuance of Partial Execution, and defendant-appellant?s Comment/Opposition to the Urgent Motion for Partial Execution P...
Promulgated on 2005-04-04

710. CA GR SP 87952: Lepanto Consolidated Mining Co. vs. NLRC, et al.
This treats of the Motion for Reconsideration filed by the petitioner on the Resolution of this Court dated January 18, 2005 dismissing the instant petition for certiorari...
Promulgated on 2005-04-04

711. CA GR SP 88342: Jose M. Espa?ol, Jr. vs. Hon. Patricia A. Sto. Tomas, et al.
This is an appeal by petition for review from the decision of the Office of the President in O.P. Case No. 03-L-706 entitled Jose M. Espa?ol, Jr. v. Patricia Sto. Tomas, et al....
Promulgated on 2005-04-04

712. CA GR CV 56509: Mayonita Guro-Solis, et al. vs. Ulpiano Guro, et al.
Assailed in this appeal filed by defendants-appellants is the February 15, 1997 Judgment of the Regional Trial Court, Odiongan, Romblon, Branch 82, in Civil Case No. OD-111...
Promulgated on 2005-04-04

713. CA GR SP 57344: Francisco Toliver vs. Isabel Lim
Before this Court is a petition for review under Rule 42 of the Rules of Court of the Decision dated Jan 12, 1999 rendered by the RTC, Br 62, Gumaca, Quezon, in Civil Case No. 2547-G and its Order dated Feb 3, 2000 denying the motion for reconsidation...
Promulgated on 2005-04-04

714. CA GR SP 41509: Angelina Cabuhat, et al. vs. Municipality of Marikina, et al.
Before this Court is a Petition for Review under Rule 42 of the Rules of Court of the consolidated decision of the RTC of Marikina, Br 272, dated July 18, 1996 in SCA 96-108-MK, SCA 96-111-MK and SCA 96-112-MK involving the petitioners, respectively....
Promulgated on 2005-04-04

715. CA GR SP 88243: JME Transport Inc. vs. Phase Aire Corp.
This pertains to the Petition for Review under Rule 42 of the Revised Rules of Court filed by petitioner on 03 February 2005...
Promulgated on 2005-04-04

716. CA GR SP 77750: Rolando R. Magsino, et al. vs. Stenely Salivio, et al.
This pertains to the Motion for Reconsideration filed by private respondents through counsel seeking for the reconsideration of the Decision dated 31 March 2004...
Promulgated on 2005-04-04

717. CA GR CR 00263: People vs. Edgardo Dimaano
Before this Court for intermediate review is the Decision dated 31 May 2000, promulgated on 25 July 2000, of Hon. Rolando G. How of the Regional Trial Court, National Capital Judicial Region, Para?aque City, Branch 257 in the cases entitled, People of...
Promulgated on 2005-04-01

718. CA GR CV 53252: MIGUEL TANJANGCO, JR. VS. GENEROSO SORIANO, ET AL.
Our law recognizes two kinds of acquittal, with different effects on the civil liability of the accused: (a) First is an acquittal on the ground that the accused is not the author of the act or omission complained of and this instance closes the door to...
Promulgated on 2005-04-01

719. CA GR CV 73944: LCK Industries, Inc., et al. vs. Planters Development Bank
Before this Court is an appeal from the Decision dated 03 September 2001 rendered by Hon. Ma. Theresa L. De La Torre-Yadao of the Regional Trial Court, National Capital Judicial Region, Branch 81, Quezon City in Civil Case No. Q- 98-33835...
Promulgated on 2005-04-01

720. CA GR CR 26141: People of the Phils. vs. Erlinda Malobago
In a Mar 3 '04 Resolution, the Court issued a Resolution directing counsel for accused-appellant to explain why he still had to file an urgent motion for bail when all along, his client had already been released from detention...
Promulgated on 2005-04-01

721. CA GR SP 79405: Romeo Z. Rupisan, et al. vs. Hon. Jules A. Mejia, et al.
We have carefully reviewed Our Decision dated November 10, 2004 and the reasons therefor and We are more convinced of its correctness....
Promulgated on 2005-04-01

722. CA GR SP 84218: State Financing Center, Inc. vs Hon. Francisco A. Querubin
Before us is a Petition for Certiorari under Rule 65 of the Rules of Court filed by petitioner State Financing Center, Inc. (State Financing). The petition seeks to nullify the Order dated March 30, 2004 of the Regional Trial Court (RTC), Branch 74, Antip...
Promulgated on 2005-04-01

723. CA GR SP 88214: Cebu Air, Inc. vs Med-Arb. Alma Alba, et al.
On March 7, 2005, Petitioner filed a Manifestation with Motion dated March 1, 2005, stating that despite the pendency of the instant Petition which seeks to enjoin the respondents from proceeding with the conduct of a certification election, the responden...
Promulgated on 2005-04-01

724. CA GR CV 68274: Reynaldo Cuevas, et al vs. MMTC, et al
For resolution before this Court is defendant-appellant Metro Manila Transit Corporation s (MMTC) motion for reconsideration of the 28 June 2004 Decision denying the appeal and affirming the Regional Trial Court s (RTC) Decision holding defendant appella...
Promulgated on 2005-04-01

725. CA GR CV 61096: Yodel Labaguis, et al. vs RSN Realty Corporation, et al.
This is an appeal filed by plaintiff-appellant Yodel Labaguis (Labaguis) through his Attorney-In-Fact, Atty. Ariel M. Los Banos, from the Decision of the Regional Trial Court (RTC or the lower court) in Civil Case No. 94-3044...
Promulgated on 2005-04-01

726. CA GR SP 88964: Marissa G. Cordero vs. Pasig City RTC Br.155 Judge Luis R. Tongco, Lauro Esmeli, et al.
Acting on the Motion for Reconsideration filed by registered mail on April 28, 2005 by the petitioner, and considering that contrary to her allegation, the People of the Philippines is an indispensable party to the instant proceedings while the respon...
Promulgated on 2005-04-01

727. CA GR SP 88830: Peter Sun vs. Equitable PCIBank, Inc.
Considering that the copy of the Decision of the Metropolitan Trial Court of Mandaluyong City, Branch 59 (Annex "C", Petition), is not a certified true copy but a plain machine copy, coupled with the fact that copies of the Complaint, Answer, Complia...
Promulgated on 2005-04-01

728. CA GR SP 82525: Kewalram Phils., Inc. vs. DOLE, et al.
The instant petition for certiorari seeks to nullifiy the Resolution of public respondent Secretary of the Department of Labor and Employment (DOLE), dated January 30, 2004, in OS-A-10-102-03 (RO-400-0307-RU-007)....
Promulgated on 2005-04-01

729. CA GR CV 77702: Adeliada C. De Dionisio vs Jose Del Prado, Jr., et al.
This is an appeal filed by defendant-appellant Soledad P. De Aspillera from the Decision of the Regional Trial Court, Branch 274, Paranaque, Metro Manila, in Civil Case No. 95-047....
Promulgated on 2005-04-01




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