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Promulgated Decisions and Resolutions
for May, 2005

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

1. CA GR CV 69557: First Women's Credit Corporation, vs Land Bank of the Philippines
This is an appeal filed by plaintiff-appellant First Women's credit Corporation (First Women) assailing the August 29, 2000 Decision1 of the Regional Trial Court (RTC), Branch 59, Makati City, that dismissed First Women's complaint for declaration of no...
Promulgated on 2005-05-31

2. CA GR SP 88998: VICTOR E. R. CARANTO vs DISPO PHILIPPINES, INC., and NATIONAL LABOR RELATIONS COMMISSION (2ND DIVI)
THE petition for certiorari faces outright dismissal for insufficiency in substance....
Promulgated on 2005-05-31

3. CA GR CR 00191: People vs. Roberto Bitaga y Dote
From the Supreme Court, this case is now before this Court for intermediate review of the Decision convicting the lone appellant Roberto Bitaga y Dote who, along with co-accused Eduardo Bangelan, was sentenced to suffer the penalty of reclusion pe...
Promulgated on 2005-05-31

4. CA GR CV 69093: FLORENCIA P. VALENCIA vs ANITA C. CAPILI,et al
Before Us is an appeal from the Decision dated June 28, 2000 of Branch 49 of the Regional Trial Court of Guagua, Pampanga in Civil Case No. G-3056 entitled "Florencia P. Valencia, plaintiff vs. Anita C. Capili, Ricardo Capili and Register of Deeds of P...
Promulgated on 2005-05-31

5. CA GR CR 27839: PEOPLE OF THE PHILIPPINES vs MELANIE QUIAMBAO
This is an appeal from the August 14, 2003 Decision of the Regional Trial Court, Branch 70, Pasig City, finding accused Melanie Quiambao guilty beyond reasonable doubt of having committed the crime of Estafa (Article 315, par. 2 (a), of the Revised Penal...
Promulgated on 2005-05-31

6. CA GR CV 80210: Sps. Jacinto Esguerra and Leonida del Rosario vs. Hon. Horacio Viola, Jr., et al.
This is an appeal from the decision of the Regional Trial Court, Branch 14, Malolos, Bulacan which ordered the dismissal of the complaint for damages filed by herein appellants against herein appellees, docketed as Civil Case No. 275-M-98...
Promulgated on 2005-05-31

7. CA GR SP 82638: MAGSAYSAY MARITIME CORP. and MASTERBULK PTE. LTD. vs NATIONAL LABOR RELATIONS COMMISSION, ET AL
At bar is a Petition for Certiorari under Rule 65 seeking to nullify the August 20, 2003 Decision of the National Labor Relations Commission (NLRC) in NLRC NCR CA NO. 033508-02 which upheld the September 27, 2002 Decision of the Labor Arbiter; and the Dec...
Promulgated on 2005-05-31

8. CA GR SP 87290: CONSTANCIA MARTIN vs HON. GREGORIO G. PIMENTEL JR., ET AL.,
This is a Petition for Review under Rule 65 praying for the nullification of the September 8, 2004 Resolution of the Regional Trial Court, Branch 49, Guagua, Pampanga, which dismissed petitioner's Petition for Mandamus against Hon. Vinci G. Gozum, Presi...
Promulgated on 2005-05-31

9. CA GR CV 70788: Amalia Cabasa vs. Carina Guemo, et al.
At bench is an appeal from the Decision dated 28 February 2001 of the Regional Trial Court of San Pablo City, Branch 32, in Civil Case No. SP-5585 (99)...
Promulgated on 2005-05-31

10. CA GR SP 81854: RICARTE CABRERA and LUIS C. REYES vs BARANGAY GUMAOC EAST, ETC.
This is a Petition for Review of the December 10, 2003 Decision of the Regional Trial Court, Malolos, Bulacan, which affirmed the March 7, 2003 Decision of Municipal Trial Court in Cities (MTCC),San Jose del Monte City, Bulacan, in Civil Case No. 150-20...
Promulgated on 2005-05-31

11. CA GR SP 89717: Modesto L. Borja vs Office of the Ombudsman et.al.
Assailed in this special civil action for certiorari, filed under Rule 65 of the 1997 Rules of Civil Procedure, are: (1) the Resolution, dated September 27, 2004, of the Office of the Ombudsman, dismissing for lack of probable cause the complaint for vio...
Promulgated on 2005-05-31

12. CA GR CV 72900: METROPOLITAN BANK AND TRUST CO. vs SPOUSES CARLOS V. MEDINA AND MARIA PAZ MEDINA, ET.AL.
In our resolution, dated February 9, 2005, the Court required Atty. Patrick Noel de Dios and the current Branch Clerk of Court of the Regional Trial Court of Pasig City, Branch 151, to inform the Court which of the inconsistent statements made by Atty. Pa...
Promulgated on 2005-05-31

13. CA GR SP 85346: MANILA KYOWA, INC., vs SUMITOMO MITSUI et.al.
AMENDED DECISION: For resolution is the motion for reconsideration1 filed by petitioner Manila Kyowa, Inc. (KYOWA) of our earlier Decision dated January 14, 2004 in the above-entitled case, wherein we dismissed the petition for review filed by Kyowa and...
Promulgated on 2005-05-31

14. CA GR SP 87269: Rodrigo Domingo vs NLRC et.al.
In this special civil action for certiorari,petitioner Rodrigo Domingo assails the Resolution, dated November 28, 2002, and Order, dated November 20, 2003, of the National Labor Relations Commission (NLRC), rendered in NLRC NCR CA No. 031669-02....
Promulgated on 2005-05-31

15. CA GR CR 26948: PEOPLE vs. PETER KIDAWEN and MANUEL SIANEN
For allegedly inflicting hacking wounds on Engr. Policarpio Pekas, Jr. (or "Pekas"), an information for frustrated murder was filed against Peter Kidawen (or "appellant") and Manuel Sianen (or "Sianen") in the Regional Trial Court of Mountain Province (...
Promulgated on 2005-05-31

16. CA GR CV 17643: BENITA TY-GO, et al vs HENRY TY, et al
This is an appeal filed by the above-named plaintiffs-appellants, questioning the November 18, 1986 (Records, pp. 698-704) Resolution of the Regional Trial Court (RTC) of the City of San Pablo, Branch 32, which granted defendants-appellees' Motion to D...
Promulgated on 2005-05-31

17. CA GR CV 72921: JOSEFA B. SANTILLAN vs CLARENCE C. CALUGAY,
On appeal to Us is the decision of the Regional Trial Court, Branch 43 of Dagupan City in Civil Case No. 2000-0328-D...
Promulgated on 2005-05-31

18. CA GR SP 79323: Benjamin Bautista, et al. vs NLRC, Club Filipino, et al.
This petition for certiorari under Rule 65 of the Rules of Court seeks to set aside the decision of public respondent National Labor Relations Commission (NLRC) dated September 30, 2002 and its subsequent resolution dated July 15, 2003, for having been r...
Promulgated on 2005-05-31

19. CA GR CV 75207: E. Agraviador vs E. Amparo-Agraviador
UNCONVINCED by the Resolution of the Regional Trial Court (RTC) granting the petition for nullity of marriage of plaintiff-appellee Enrique A. Agraviador and declaring defendant Erlinda Amparo-Agraviador as psychologically incapacitated, the State is bef...
Promulgated on 2005-05-31

20. CA GR CV 70864: Pioneer Insurance & Surety Corp. vs. Pexcor Shipping Co.
The subject of this appeal is the Decision dated April 4, 2001 of the Regional Trial Court, Branch 65, Makati City granting the action for damages filed by plaintiff-appellee Pioneer Insurance & Surety Corporation against defendant-appellant Pexcor Shipp...
Promulgated on 2005-05-31

21. CA GR SP 87125: Maria Charina Diamse vs. NLRC, et al.
In this special civil action of certiorari, petitioner seeks to annul and set aside the Decision dated July 24, 2003 of public respondent National Labor Relations Commission (NLRC) First Division which reversed the Decision of Labor Arbiter Geobel A. Ba...
Promulgated on 2005-05-31

22. CA GR CV 70571: Jesus Simangan vs. Japan Airlines
A passenger who wanted to donate his kidney to an ailing relative abroad was asked to disembark from an airplane allegedly due to fake travel documents but which, upon verification by the airline company, were later found to be genuine....
Promulgated on 2005-05-31

23. CA GR SP 88665: Sedo Garments Mfg. Sewing Contractor, et al. vs. Hon. PJ, RTC-Br. 68, Pasig City, et al.
Assailing the Order of March 25, 2004 and Writ of Execution issued on August 3, 20041 by public respondent in Civil Case No. 66095, petitioners come to this Court via the instant petition for certiorari. It is noted that copy of said Order of March 25, 2...
Promulgated on 2005-05-31

24. CA GR CV 70570: Luz Guzman vs. NHA, et al.
Appellant Luz Guzman appeals the Decision dated April 4, 2001 of the Regional Trial Court, Branch 20, Manila (trial court)in Civil Case No. 99-92312...
Promulgated on 2005-05-31

25. CA GR CV 78456: Warren Embes Luyaben vs Auctioneers in Malinta, Inc.
ELEVATED to Us via this appeal is the Resolution of the Regional Trial Court (RTC) dismissing the complaint of plaintiff-appellant Warren Embes Luyaben for damages against defendant-appellee Auctioneers in Malinta Incorporated, represented by William Ran...
Promulgated on 2005-05-31

26. CA GR CV 63032: Andres S. Carantes vs. Urbano Carantes, et al.
Subject of this appeal is the Decision dated July 28, 1998 of the Regional Trial Court, Branch 7, Baguio City which disallowed the probate of the Last Will and Testament of Martina S. Carantes filed by petitioner-appellant Andres S. Carantes for having b...
Promulgated on 2005-05-31

27. CA GR SP 87232: 3-IN-1 DISCO & RESTAURANT and LUCIA BAYANG vs NATIONAL LABOR RELATIONS COMMISSION et al.
This is a petition for certiorari with prayer for a writ of preliminary injunction, seeking to set aside: (a) the decision of the Labor Arbiter dated August 25, 2003, (b) the decision of the public respondent National Labor Relations Commission (NLRC)...
Promulgated on 2005-05-31

28. CA GR CV 58559: Eleuterio and Julian Hermano vs. Sps. Belen and Manuel Ferreros
On appeal is the Decision dated August 19, 1996 of the Regional Trial Court, Branch 31, San Pedro, Laguna in Civil Case No. B-4228...
Promulgated on 2005-05-31

29. CA GR CV 73684: ESTHER PALISOC-ABALOS vs ARTURO ABALOS
This is an appeal from the Decision dated January 4, 2002 of the Regional Trial Court of Dagupan City which granted the Complaint for Declaration of Nullity of Marriage filed by plaintiffappellee Esther Palisoc-Abalos against herein defendant-appellant...
Promulgated on 2005-05-31

30. CA GR CV 58036: Ramon R. Ranullo vs. Local Civil Registrar of the City of Pasig, et al.
The appeal seeks to set aside the Order of the Regional Trial Court, Branch 158, Pasig City that dismissed the petition of appellant Ramon R. Ranullo for correction and/or cancellation of entries in the record of birth of his minor daughter pursuant to R...
Promulgated on 2005-05-31

31. CA GR CV 73417: LEONARDO BOTE vs REPUBLIC OF THE PHILIPPINES
Assailed before Us on appeal is the decision of the Regional Trial Court, Branch 49 of Guagua, Pampanga in Spl. Proc. No. G-1345...
Promulgated on 2005-05-31

32. CA GR SP 80634: Atty. Juan S. Daluz, et al., vs. Agapito Mendoza, et al
On appeal, by petition for review, is the Decision,dated October 27, 2003, of the Department of Agrarian Reform Adjudication Board (DARAB), rendered in DARAB Case No. 10224....
Promulgated on 2005-05-31

33. CA GR SP 87350: FRANCISCA G. MALONZO vs. HON. LAMBERTO A. DAING, JR., et. al.
The propriety of the issuance of a writ of execution pending appeal is the main issue in this amended petition for certiorari and prohibition under Rule 65 of the 1997 Rules of Civil Procedure, which assails the special...
Promulgated on 2005-05-31

34. CA GR SP 84523: Trilan Realty, Inc., et al. vs Hon. Clifton Ganay, et al.
UPON motion of petitioners and private respondents, through counsels, the petition for certiorari is hereby DISMISSED with prejudice as the parties have agreed to settle their differences through a joint compromise agreement....
Promulgated on 2005-05-31

35. CA GR CV 54563: YOLANDA DEL ROSARIO vs NENA DIAZ
Raffled to this ponente on May 6, 2005 under the Zero Backlog Project is an appeal from the civil liability of the Decision dated March 14, 1996 of the Regional Trial Court of Binangonan, Rizal, Branch 70 in Criminal Case No. 2070-B for estafa....
Promulgated on 2005-05-31

36. CA GR CR 28161: People vs. Reynaldo Bayon y Ramos
Appeal by writ of error by Reynaldo Bayon y Ramos from the Decision of the Regional Trial Court of Quezon City, Branch 104, in Criminal Case No. Q-03-116291, convicting him of the crime of Qualified Theft...
Promulgated on 2005-05-31

37. CA GR SP 71753: Jacinto Mon vs. Hon. Rodolfo A. Caddarao, et al.
This is a Petition for Certiorari, Prohibition and Mandamus, alleging in the main grave abuse of discretion amounting to lack or excess of jurisdiction on the part of public respondent Regional Adjudicator of the Department of Agrarian Reform Adjudicatio...
Promulgated on 2005-05-31

38. CA GR CV 62016: Jaime L. Bullecer vs. PNB
This is an appeal filed by defendant-appellant and third-party plaintiff-appellant Philippine National Bank (PNB for brevity) and third-party defendant-appellant Philippine Telegraph & Telephone Corporation (PT & T for brevity) from the decision dated...
Promulgated on 2005-05-31

39. CA GR CV 58578: LORENZO PANGANIBAN, et al vs HEIRS OF JOSE APARRI
In this appeal, raffled to abovenamed ponente on May 24, 2005 under the Zero Backlog Project, brothers Lorenzo and Leopoldo Panganiban seek a reversal of the Decision dated September 18, 1997 of the Regional Trial Court of Masbate, Masbate, Branch 46,...
Promulgated on 2005-05-31

40. CA GR SP 58934: RAFAEL M. BENITO vs. NLRC, et. al.
59231 - Rafael Benito was hired by Saehan Marine Service Co., Inc, through FILSMS Corporation as manning agency, to serve as Third Mate on the vessel M/T Neptune Gas. His employment contract dated May 19, 1998 covered the period of 12 months and provid...
Promulgated on 2005-05-31

41. CA GR SP 72190: FIVE STAR BUS CO., INC. vs HON. ADORACION ANGELES, et al
This is a Petition for Certiorari under Rule 65 of the revised Rules of Civil Procedure seeking to annul:...
Promulgated on 2005-05-31

42. CA GR SP 77692: Lucena City Arrestre and Stevedoring Services, et al. vs. Honl. Rafael Lagos, et al
Assailed in this special civil action for certiorari and prohibition with prayer for the preliminary injunction under Rule 65 of the Rules of Court is the order of the Regional Trial Court of Lucena City, dated March 26, 2003 dismissing the petitioners's...
Promulgated on 2005-05-31

43. CA GR CV 67578: FELICISIMO G. LAZARO vs APOLONIA J. GREGORIO
This is an appeal from the Decision, dated June 19, 2000, rendered by the Regional Trial Court, Branch 117, Pasay City, the dispositive portion of which reads:...
Promulgated on 2005-05-31

44. CA GR CV 62625: SONIA S. CORNEJO, ET AL., vs JESUS GACILOS Y VILLANUEVA
This is an appeal from the Order, dated January 29, 1999, issued by the Regional Trial Court, Branch 110, Pasay City, in Criminal Case No. 97-9998, denying appellants' claim for indemnity and damages for the death of Christopher Cornejo....
Promulgated on 2005-05-31

45. CA GR CR 25679: PEOPLE OF THE PHILIPPINES vs ELY DEINLA y CANTONJOS
Before Us for review is the Decision of the Regional Trial Court, Branch 50, San Jacinto, Masbate, in Criminal Case No. 783, finding Ely Deinla y Cantonjos guilty beyond reasonable doubt of the crime of Homicide....
Promulgated on 2005-05-31

46. CA GR CR 25255: PEOPLE OF THE PHILIPPINES vs CHARLIE CRUZ SY, et al
Before Us for review is the Decision of the Regional Trial Court, Branch 172, Valenzuela City, in Criminal Case No. 514-V-96, finding Jonathan Cruz Sy and Charlie Cruz Sy guilty beyond reasonable doubt of the crime of Frustrated Homicide....
Promulgated on 2005-05-31

47. CA GR CR 27251: People vs. Jesus Ariscon
This is an appeal brought by Jesus Ariscon from the Decision dated March 18, 2003 rendered by Regional Trial Court (RTC), Branch 50 of San Jacinto, Masbate, finding him guilty of Illegal Possession of Firearm...
Promulgated on 2005-05-31

48. CA GR SP 50682: Paulino Aliten vs. N.L.R.C. & U-Need Lumber & Hardware
This petition for certiorari was originally filed on August 23, 1995 with the High Court which, in a Resolution dated November 25, 1998, referred it to this Court for proper disposition....
Promulgated on 2005-05-31

49. CA GR SP 86877: Eugenia T. San Pablo vs. Sta. Clara Shipping Corp.
Sought to be overturned in this appeal by way of petition for review is the decision of the Maritime Industry Authority (MARINA) dated January 26, 2004 in Maritime Industry Case No. 2001-033...
Promulgated on 2005-05-31

50. CA GR CV 57468: JULIA S. TORIO, et al vs ERIE S. AQUINO, et al
Raffled to this Ponente on May 9, 2005 under the Zero Backlog Project is an appeal from the decision dated September 12, 1997 of the Regional Trial Court, Branch 81, Quezon City, in Civil Case No. Q-91-9808 entitled "Julia S. Torio, et al. vs. Erie S. A...
Promulgated on 2005-05-31

51. CA GR CV 78178: Fernando P. Vinzons, Jr. vs. R.P.
Can a petition for reconstitution of title survive the fallout resulting from the failure to send a notice of initial hearing to an adjoining owner...
Promulgated on 2005-05-31

52. CA GR CV UDK 0875: Helen Leontovich Vda. de Aguinaldo vs. Dominador R. Aytona, et al.
Since the notices to pay the required docket fees addressed to the defendant-appellant Philbanking Corporation and its President/General Manager were returned to this Court unserved with the postal notation MOVED, the Court resolves to DISMISS the appeal...
Promulgated on 2005-05-31

53. CA GR CR 28363: People vs. Mario Amemita y Galang
For failure to file the Appellant's Brief within the extended period prayed for which expired on April 15, 2005, as per JRD Report dated May 25, 2005, the appeal is hereby DISMISSED pursuant to Section 8, Rule 124, Revised Rules on Criminal Procedure....
Promulgated on 2005-05-31

54. CA GR CR 00977: PEOPLE OF THE PHILIPPINES vs SIMPLICIO DELANTAR
This is an appeal from the decision of the Regional Trial Court, National Capital Judicial Region, Branch 109, Pasay City, convicting accused Simplicio Delantar twice for Violation of Section 5(a) paragraph 1, 4 and 5, Article III of R.A. No. 7610 and...
Promulgated on 2005-05-31

55. CA GR SP 89833: SALVADOR QUITALIG, et al vs HON. MARIE CHRISTINE A. JACOB, et al
The present petition for certiorari is deficient in form in that the verification and certification attached therein was not signed by petitioner Rex. G. Bacuetes. In Loquias vs. Office of the Ombudsman, G.R. No. 139396, August 15, 2000, it was ruled t...
Promulgated on 2005-05-31

56. CA GR SP 89709: HEIRS OF SPOUSES RUPERTO and MARIA CRUZ vs RTC-Quezon City, Branch 101, et al
The present petition for annulment of judgment is infirmed with deficiencies, to wit:...
Promulgated on 2005-05-31

57. CA GR SP 87597: TRINIDAD M. ENRIQUEZ vs NLRC, et al
This is a petition for certiorari under Rule 65 of the Revised Rules of Court, seeking to set aside and nullify the Decision promulgated on May 12, 2004 by the Second Division of the National Labor Relations Commission in NLRC-NCR CA No. 036065-03 enti...
Promulgated on 2005-05-31

58. CA GR SP 88235: Catholic Bishops Conf. vs Hon. Amalia Dy, et al.
UPON own motion of petitioners, through counsel, the petition for certiorari is hereby allowed to be WITHDRAWN and considered DISMISSED....
Promulgated on 2005-05-31

59. CA GR SP 83568: PRIMA MANPOWER SERVICES, INC. vs NLRC, et al
This is a special civil action for certiorari under Rule 65 of the 1997 Rules of Court, seeking to annul and set aside the November 28, 2003 Resolution (Rollo, pp. 56-64) of public respondent National Labor Relations Commission (NLRC) which affirmed wi...
Promulgated on 2005-05-31

60. CA GR SP 84702: ASIATIC DEVELOPMENT CORPORATION vs SPOUSES BROGADA
The crux of the controversy in this Petition for Review under Rule 43 of the Rules of Court is, whether or not there was employer-employee relationship between the petitioner and respondents' deceased son, Fermin B. Brogada. Petitioner insists that the...
Promulgated on 2005-05-31

61. CA GR CV 78530: Oliver Arcenal vs. Rene de Belen
Appeal from the Decision of the Regional Trial Court of Bulacan, Malolos, Branch 20, in Civil Case No. 605-M-96...
Promulgated on 2005-05-31

62. CA GR SP 80878: ANGELITO PELAYO vs HON. SIMEON V. MARCELO, et al
This is a Petition for Review under Rule 43 of the Revised Rules of Court seeking to reverse and set aside the orders dated July 29, 2003 and October 14, 2003 of the Office of the Ombudsman in OMB-ADM-0-92- 9454, entitled "Antonio B. Baltazar vs. Angel...
Promulgated on 2005-05-31

63. CA GR CV 81908: Virginia Sastrillas-Schnelli vs. Karl Schnelli
Appeal from the decision of the Regional Trial Court, Branch 40, Calapan City, Oriental Mindoro in Civil Case No. R-5006, for Injunction with Prayer for Writ of Preliminary Mandatory Injunction and Temporary Restraining Order....
Promulgated on 2005-05-31

64. CA GR CV 82700: SPOUSES BORJA vs LAGUNA LAKE DEVELOPMENT AUTHORITY (LLDA)
This is an appeal interposed by the Laguna Lake Development Authority (LLDA), represented by the Office of the Solicitor General, from the Decision dated October 14, 2003, of the Municipal Trial Court of Taytay, Rizal, acting as a land registration cour...
Promulgated on 2005-05-31

65. CA GR SP 78575: Sun Ace Int'l Mgt. Services, Inc. vs. NLRC, et al.
Whether employed locally or overseas, all Filipino workers enjoy the protective mantle of Philippine labor and social legislation, contract stipulations to the contrary notwithstanding....
Promulgated on 2005-05-31

66. CA GR CV 44944: Philippine Commercial and Industrial Bank vs Trade Network, Inc., et al.
Before us is the appeal filed by Trade Network, Inc. (Trade Network), Noli P. Aldip (Aldip) and Julian C. Rivera (Rivera)collectively, the appellants] from the Decision dated March 16, 1993 of the Regional Trial Court (RTC), Branch 12, Manila (the lower c...
Promulgated on 2005-05-31

67. CA GR CV 71095: JOSE HILARIO DE JESUS AMOR vs JEWEL CHRISTINE N. AMOR,ET AL
Before us is an appeal from the Decision of the Regional Trial Court, Branch 106, Quezon City, in an action for nullity of marriage, the dispositive portion of which reads: "WHEREFORE, judgment is hereby rendered declaring the marriage between [JOSE] H...
Promulgated on 2005-05-31

68. CA GR CV 81624: IRMINGARDO R. ANTONIO vs VIRON TRANSIT INC., et al.
Records show that on 3 February 2005, this Court had sent the plaintiff-appellant the following notice to wit: Pursuant to Rule 44, Sec. 7 of the 1997 Rules of Civil Procedure you are hereby required to file with this Court within forty-five (45) days f...
Promulgated on 2005-05-31

69. CA GR SP 85909: William Eugene Wright vs. Hon. Philbert Iturralde, et al.
Petitioner William Eugene Wright comes to this Court by way of a Petition for certiorari under Rule 65 of the Rules of Court challenging the Order dated March 25, 2004 issued by respondent Presiding Judge of the Regional Trial Court, Branch 58, Angeles C...
Promulgated on 2005-05-31

70. CA GR CV 71633: Jose Delos Santos vs. Lorenzo Adriano
Before the Regional Trial Court of Bulacan (Malolos, Branch 8) was an action for injunction filed by Jose delos Santos (or "appellant") against Lorenzo Adriano (or "appellee")....
Promulgated on 2005-05-31

71. CA GR CV 69441: Heirs of Gregorio Dolojan vs. Jose Naserev Dolojan, et al.
Before the Regional Trial Court of Olongapo City (Branch 72) was an action for annulment of tax declarations and damages filed by the heirs (or "appellants") of Gregorio...
Promulgated on 2005-05-31

72. CA GR SP 81013: Benjamin Cruz vs. Graciano Cruz
Before the Municipal Trial Court (or "MTC") of Malolos, Bulacan (Branch II) was an action for unlawful detainer involving a portion (or "premises") of a parcel of land, known as Lot No. 5658-B, whereon a store stands and located at Bagna, Malolos, Bul...
Promulgated on 2005-05-31

73. CA GR CR 27404: PEOPLE OF THE PHILIPPINES vs ALEXANDER GOJIT
Assailed in the present appeal is the Decision dated February 10, 2003 in Criminal Case No. 99-342 of Branch 65, Regional Trial Court, Bulan, Sorsogon finding appellant Alexander Gojit guilty beyond reasonable doubt of violation of Section 5 (a) paragrap...
Promulgated on 2005-05-31

74. CA GR CR 00042: PEOPLE OF THE PHILS. vs REMEDIOS FORTALEZA
Before the Court is an appeal from the Decision dated October 21, 20021 of Branch 62, Regional Trial Court, Makati City in seven (7) criminal cases, finding accused-appellant Remedios Fortaleza guilty beyond reasonable doubt of the crime of illegal recrui...
Promulgated on 2005-05-31

75. CA GR CV 59218: ALEXANDRA A. LAO, married to NELSON A. LAO vs REPUBLIC OF THE PHILIPPINES
Assailed in the present appeal is the Judgment dated June 16, 1997 of Branch XVII, Regional Trial Court, Tagaytay City in LRC Case No. TG-777 granting the application for original registration of title filed by applicant-appellee Alexandra A. Lao over Lot...
Promulgated on 2005-05-31

76. CA GR CV 73068: ALFREDO PUNONGBAYAN vs SOTERO PUNONGBAYAN
Before the Court is an appeal from the Decision dated September 28, 2001 of Branch 19, Regional Trial Court, Malolos, Bulacan in SP Proc. No. 25-M-96, In Re: Petition for Probate of the Last Will and Testament of Deceased Leonila A. Punongbayan, Alfredo...
Promulgated on 2005-05-31

77. CA GR SP 78868: MA. CELIA R. PIOL vs RUBY AGUACITO BOLIVAR et.al.
Petitioner Ma. Celia R. Piol assails, in the instant appeal under Rule 43 of the Rules of Court, the 15 April 2003 and 12 June 2003 Orders of public respondent Ombudsman for Luzon in OMB-ADM-1-01-0175-D, finding her guilty of simple neglect of duty and im...
Promulgated on 2005-05-31

78. CA GR CV 74997: MIGUELA CAFINO et.al. vs NARCISO NICOLAS et.al.
The present appeal primarily involves the demolition of a cemented wall between the adjacent real properties of the plaintiffs-appellants and the defendants-appellants,...
Promulgated on 2005-05-31

79. CA GR CV 53742: LEON BALLAGAN vs CARLOS NEYEBAN
An action for Recovery of Ownership and Possession was filed by plaintiff-appellant Leon Ballagan (Ballagan for brevity) against defendant-appellee Carlos G. Neyeban (Neyeban for brevity) before the Regional Trial Court of Lagawe, Ifugao, docketed as Ci...
Promulgated on 2005-05-31

80. CA GR SP 85780: UNION BANK OF THE PHILIPPINES vs ASB DEVELOPMENT CORPORATION
This is a Petition for Review under Rule 43 of the 1997 Rules of Court seeking the reversal and setting aside of the Securities and Exchange Commission En Banc?s Resolution dated July 6, 2004 (SEC EB Case No.12-03-08) which affirmed the Securities and Ex...
Promulgated on 2005-05-31

81. CA GR SP 69774: MANILA JOCKEY CLUB, INC. vs. NLRC, et al.
IN THEIR MOTION FOR RECONSIDERATION, THE RESPONDENTS CONTINUE TO ARGUE THAT THE LABOR ARBITER HAD CORRECTLY RULED THAT THE OBLIGATION TO PAY THE LEGAL HOLIDAYS TO THE UNION MEMBERS WAS CONTINUING;...
Promulgated on 2005-05-31

82. CA GR SP 74335: LORENZO B. ALMORADIE, vs. ESTATE OF CRISANTA GABRIEL
Before Us is a petition for review of the Decision of the Director General of the Intellectual Property Office dated November 26, 2002 upholding the cancellation by the Director of the Bureau of Legal Affairs of petitioner's trademark in a Decision dat...
Promulgated on 2005-05-31

83. CA GR SP 67631: TANDUAY DISTILLERS vs. NLRC, et al.
IN ITS MOTION FOR RECONSIDERATION, THE PETITIONER BEMOANS THE LACK OF A CLEAR STATEMENT OF THE FACTS AND THE LAW ON WHICH RESPONDENT NATIONAL LABOR RELATIONS COMMISSION (NLRC) BASED ITS JUDGMENT SUSTAINING THE LABOR ARBITER,...
Promulgated on 2005-05-31

84. CA GR CR 00850: PEOPLE OF THE PHILIPPINES vs. LARRY BAUTISTA y SALONGA, et al.
On appeal is the Decision, dated March 14, 2003, of Judge Ramon P. Makasiar of the Regional Trial Court (RTC) of Manila, Branch 35, rendered in Criminal Case No. 02- 203348....
Promulgated on 2005-05-31

85. CA GR CV 69196: MILAGROS P. PADUA and minors vs REPUBLIC OF THE PHILIPPINES,ET AL
Before us is an appeal from the Decision of the Municipal Trial Court in Cities, Branch 1, San Fernando, La Union, in LRC Case No. N-95-41,ordering the registration of Lot 2-C and Lot 8013-A, with an area of 4,340 square meters and 2,247 square meters,...
Promulgated on 2005-05-31

86. CA GR CR 24635: People vs. Gerry Pantoja y Herrero
For allegedly selling methamphetamine hydrochloride (popularly known as shabu), a regulated drug, without authority of law, Gerry Pantoja y Herrero (or "appellant") was charged before the Regional Trial Court of Makati City (Branch 65)...
Promulgated on 2005-05-31

87. CA GR CV 69148: SPS. IRENEO MAGTIBAY and FEINGCO MAGTIBAY vs REPUBLIC OF THE PHILIPPINES
This is an appeal from the Decision of the Municipal Trial Court in Cities, Branch 2, Batangas City, which ordered the registration of Lot 2, CCS-04-001768 situated in San Isidro, Batangas City in favor of applicants appellees spouses Ireneo Magtibay and...
Promulgated on 2005-05-31

88. CA GR CR 28146: PEOPLE OF THE PHILIPPINES vs NILO LAWAG y BAGADYONG
This is an appeal from the Decision of the Regional Trial Court,Branch 127, Caloocan City finding accused-appellant Niño Bagadyong y Lawag guilty beyond reasonable doubt of violation of Section 11, Article II of Republic Act No. 9165....
Promulgated on 2005-05-31

89. CA GR SP 79687: YEN PESO, INC. et. al., vs. NATIONAL LABOR RELATIONS COMMISSION, et. al.
This is a petition for certiorari under Rule 65 of the Rules of Court seeking to annul and set aside the Resolution of the National Labor Relations Commission (NLRC) dated March 21, 2003 dismissing petitioners' appeal for having been filed late. Assail...
Promulgated on 2005-05-31

90. CA GR CV 82845: MATLING INDUSTRIAL vs CONRADO L. NATIVIDAD, JR.,ET AL
This is an appeal from the Decision dated 9 September 2003 rendered by the Regional Trial Court of the City of Manila, Branch 39, which favored plaintiff-appellee Matling Industrial and Commercial Corporation for the recovery of possession of the vehic...
Promulgated on 2005-05-31

91. CA GR CV 67576: Sps. Carlos and Carmen Velayo vs. Marilou Santiago-Makalintal, et al.
On January 28, 1999, spouses Carlos L. Velayo and Carmen L. Velayo filed with the Regional Trial Court of Pasay City a petition for the Cancellation of TCT No. 134326 of the Registry of Deeds of Pasay City and for issuance of a new certificate of title in...
Promulgated on 2005-05-31

92. CA GR SP 83318: ARGUS CREDIT CORP. vs HON. AMELIA A. FABROS, et al.
The present petition for certiorari filed under Rule 65, 1997 Rules of Civil Procedure assails the (i) Order dated February 10, 20031 in Civil Case No. 8204 of Branch 160, Regional Trial Court (RTC), Manila dismissing petitioner?s appeal from the Order da...
Promulgated on 2005-05-31

93. CA GR CR 00850: PEOPLE OF THE PHILIPPINES vs. LARRY BAUTISTA Y SALONGA, et. al
On appeal is the Decision, dated March 14, 2003, of Judge Ramon P. Makasiar of the Regional Trial Court (RTC) of Manila, Branch 35, rendered in Criminal Case No. 02- 203348....
Promulgated on 2005-05-31

94. CA GR SP 77708: CARLOS ANTONIO BALAGOT vs. NLRC, CAPITOL WIRELESS, INC.
A petition for certiorari, seeking to set aside the Decision of the respondent National Labor Relations Commission in NLRC CA No. 03615-02, which reversed the Decision dated March 7, 2001 of Labor Arbiter Potenciano S. Cañizares, Jr., as well as the R...
Promulgated on 2005-05-31

95. CA GR SP 88941: Dioscoro G. Peligro vs. Melquiades L. Mayuga, et al.
Petitioner filed a Motion for Extension of Fifteen (15) days to File Petition for Review reckoned from March 4, 2005 or until March 21, 2005 (March 19 being a Saturday) within which to file his petition for review....
Promulgated on 2005-05-31

96. CA GR SP 89455: Melissa D. Angeles vs. ECC
A careful perusal of the present Petition for Review filed on April 27, 2005 shows that the same was filed out of time considering that petitioner received the appealed Decision on April 6, 2005....
Promulgated on 2005-05-31

97. CA GR CV 79846: EMILIO GARCIA vs MARLYN T. AGUILA,ET AL
Assailed before Us is the Decision dated June 24, 2003 of the Municipal Trial Court of Taytay Rizal in LRC Case No. 98-0020.Stripped of its legalese, the following are the pertinent facts:On August 6, 1998, applicant-appellee Emilio Garcia (Garcia for br...
Promulgated on 2005-05-31

98. CA GR SP 85030: Eagle Cement Corp. vs. Hon. Rommel O. Baybay, et al.
Before Us is a Petition for Certiorari with Prayer for Temporary Restraining Order and/or Preliminary Injunction seeking to annul the Order dated October 14, 2003 rendered by the Regional Trial Court of Makati City, Branch 132, which declared petitioner i...
Promulgated on 2005-05-31

99. CA GR SP 88155: Instant Access Systems, Inc., et al. vs. NLRC, et al.
In a Resolution dated January 31, 2005, petitioners were directed to submit a proper verification before this Court within five (5) days from receipt thereof, failing which the petition shall be dismissed....
Promulgated on 2005-05-31

100. CA GR CR 00824: People vs Yulo Obsuna y Obelidor
WE review on appeal the joint judgment of the Regional Trial Court convicting accused-appellant Yulo Obsuna on two counts of rape committed against his stepdaughter Salvacion Ibo....
Promulgated on 2005-05-31

101. CA GR SP 83828: CYPREA INTERNATIONAL INC. AND JANET U. CHUA vs NATIONAL LABOR RELATIONS COMMISSION,ET AL
At bar is a Petition for Certiorari seeking to annul the: (1) May 30,2003 Resolution of the National Labor Relations Commission (NLRC)1 affirming in toto the July 21, 2000 Decision of the Labor Arbiter finding petitioners (respondents therein) Cyprea In...
Promulgated on 2005-05-31

102. CA GR CV 46595: Gregorio E. Javelosa vs Sps Jesus & Judith Jalbuena, et al.
Before us is the appeal by plaintiff-appellant Gregorio E. Javelosa(Gregorio) from the Decision dated December 22, 1993 (22 December 1993 Decision) of Branch 31 of the Iloilo City Regional Trial Court's (the Court a quo) dismissing his complaint and suppl...
Promulgated on 2005-05-31

103. CA GR CV 84181: Miriam L. Maglana Santamaria vs. Privatization & Mgt. Office
In a Resolution dated May 3, 2005, plaintiff-appellant Miriam Maglana Santamaria's Urgent Motion for Extension of Time to File "Appellant's Brief" praying for a twenty (20) day extension was granted by this Court....
Promulgated on 2005-05-31

104. CA GR CR 29238: People vs. Sae Chae Lee
Considering that there is a standing warrant of arrest against accused-appellant, the present appeal is hereby DISMISSED pursuant to Sec. 8, Rule 124 of the Revised Rules of Criminal Procedure....
Promulgated on 2005-05-31

105. CA GR CR 00450: People vs. German M. Javier
A Notice to File Brief dated March 1, 2005 was sent to, and received by, Atty. Alfeo T. Siccuan, counsel for defendant- appellant German Javier per Registry Return Receipt 1785. Thus, defendant-appellant had until April 16, 2005 within which to file his...
Promulgated on 2005-05-31

106. CA GR SP 87172: Land Bank of the Phils. vs. Candido G. Padilla, Jr., et al.
This is a Petition for Review under Rule 42 of the Rules of Court seeking to reverse and set aside the Decision dated June 3, 2004 of the Regional Trial Court, Branch 23, Cabanatuan City fixing the amount of P526,518.50 as just compensation for respondent...
Promulgated on 2005-05-31

107. CA GR SP 87826: Magdalena Centeno-Crisostomo, et al vs. Solome Centeno-Lopez, et al.
The present Petition for Review prays for the reversal and setting aside of the Decision dated July 29, 2004 rendered by public respondent Office of the President in O.P. Case No. A- 0302-0301-96...
Promulgated on 2005-05-31

108. CA GR SP 87846: Jesus P. Gizon vs. NLRC, et al.
In this Petition for Certiorari, petitioner Jesus P. Gison assails the Resolution of the National Labor Relations Commission (NLRC) promulgated on July 30, 2004 which affirmed the Decision of the Labor Arbiter dated September 26, 2003....
Promulgated on 2005-05-31

109. CA GR CR 00770: PEOPLE OF THE PHILIPPINES VS. EDGARDO BARCENA
Appeal from the Decision of the Regional Trial Court of Ilocos Sur, Narvacan, Branch 22, in Criminal Case No. 1952 - N, finding the accused-appellant Edgardo Barcena y Poca guilty beyond reasonable doubt of the crime of "qualified rape" and sentencing h...
Promulgated on 2005-05-31

110. CA GR CV 59420: Atty. Patricio C. Silverio vs. Far East Bank and Trust Co.
On appeal is the Decision of the Regional Trial Court of Tabaco, Albay, dated December 23, 1997, in a civil action for Damages docketed as Civil Case No. T-1681...
Promulgated on 2005-05-31

111. CA GR CV 76095: HEIRS OF THE LATE JUSTICE SAMUEL F. REYES, et. al. vs. HEIRS OF SERAPIO PADUA, et. al.
On appeal by defendants Heirs of Serapio Padua, represented by Segundino Padua, is the Decision dated April 4, 20021 of the Regional Trial Court, Branch 23 of Roxas, Isabela in an action for NULLITY OF OVERLAPPING TITLE, CANCELLATION OF SAID TITLE, DA...
Promulgated on 2005-05-30

112. CA GR CV 84160: Intestate Estate of Jose M. F. Belo, et al. vs. Far East Bank & Trust Co., et al.
The instant appeal is DISMISSED due to plaintiffs-appellants' failure to file the required Appellants' Brief despite notice. Consequently, the temporary restraining order We issued on 13 April 2005, is LIFTED....
Promulgated on 2005-05-30

113. CA GR SP 87555: TEODY T. ABRIGO vs. SHERIFF MAYO S. DELA CRUZ, et al.
This is a special civil action for certiorari under Rule 65 of the 1997 Rules of Civil Procedure, as amended, which seeks to set aside the Order dated September 14, 2004 of Hon. Fe Albano Madrid, Presiding Judge of the Regional Trial Court, Branch 21, San...
Promulgated on 2005-05-30

114. CA GR CR 29251: People vs. Edwin Costales Padua
Considering that accused-appellant Edwin C. Padua has a standing warrant of arrest as per JRD Report dated May 16, 2005, the instant appeal is hereby DISMISSED pursuant to Sec. 8, Rule 124, Revised Rules of Criminal Procedure....
Promulgated on 2005-05-30

115. CA GR CR 28469: PEOPLE OF THE PHILIPPINES vs ANTONIO FRANCISCO
The petitioner Antonio Francisco (or Francisco hereafter), on complaint initiated by Suy Ben Chua (or Suy), was charged before the Municipal Trial Court of Hagonoy, Bulacan (or MTC) with three (3) counts of Violation of Batas Pambansa Blg. 22. It is all...
Promulgated on 2005-05-30

116. CA GR SP 87138: ANTONIO MORUDA vs EDMUNDO DELFIN,ET AL
Petitioner seeks a review of the Decision of the Department of Agrarian Reform Adjudication Board (DARAB), which affirmed in toto the decision of the Provincial Agrarian Reform Adjudicator of San Jose, Pili, Camarines Sur, the dispositive portion of wh...
Promulgated on 2005-05-30

117. CA GR CV UDK 1597: People of the Philippines vs. Ding Casticon
In view of the failure of the private complainant-appellant to pay the required docket and other legal fees per Judicial Records Division (JRD) Report dated May 13, 2005,1 the instant appeal is hereby DISMISSED pursuant to Section 1 (c), Rule 50 of the...
Promulgated on 2005-05-30

118. CA GR SP 78174: Jaime R. Capio, et al. vs. Hans Leo J. Cacdac, etc., et al.
The petitioners and the private respondents were among the rank-and file employees of Mindanao Portland Cement Corporation (MPCC) in its plant office at Kiwalan, Iligan City. Both parties were members of the Mindanao Portland Cement Employees Association...
Promulgated on 2005-05-30

119. CA GR SP 79889: Sterling Selections Corp. vs. Laguna Lake Development Authority, etc., et al.
Sterling Selections Corporation (Sterling) is engaged in the manufacture of jewelries. It has a manufacturing plant at No. 55-A 11th Street, Brgy. Mariana, New Manila, Quezon City....
Promulgated on 2005-05-30

120. CA GR CV 52243: URSULA Vda. de ANGEL, ET AL., vs AFP JUDGE ADVOCATE GENERAL OFFICE (JAGO),ET AL
This case is a not so novel nor unique story about women claiming to be the wife of a departed soldier, and fighting to be named the rightful beneficiary to the avails of his military service....
Promulgated on 2005-05-30

121. CA GR CV 60153: HEIRS OF DAMASO REYES vs HEIRS OF PRIMITIVO GRUELA,ET AL
Challenged in this appeal is the Decision of the Regional Trial Court of Bataan (or RTC for brevity) in a suit for Annulment of Title filed by the appellants Heirs of Damaso Reyes namely: Maximo Reyes,Fernando Reyes, Pacita Reyes-Gallego and Loreta D. R...
Promulgated on 2005-05-30

122. CA GR SP 73636: SAEI-EEI CONSTRUCTION CORPORATION vs HON. ALFREDO TADIAR,ET AL
Acting on the parties' Joint Motion To Dismiss With Prejudice alleging that they have amicably settled among themselves the dispute that gave rise to the above-entitled case, as prayed for, the same is GRANTED and the above-entitled case is DISMISSED WIT...
Promulgated on 2005-05-30

123. CA GR SP 74771: LEUTERIO ENERO, ET AL., vs ROSENDO NASTOR,ET AL
The petitioners Leuterio Enero, Larry Aduca, Reynaldo Secretario and Francisco Rodrigo by this petition for review seek the reversal of the Decision dated November 12, 2002 of Branch 47 of the Regional Trial Court stationed in Urdaneta City, Pangasinan,w...
Promulgated on 2005-05-30

124. CA GR SP 77535: Batparts Supply Co., INc. vs. Hon. Sec. of Labor & Employment, et al.
Before us is a petition for certiorari, seeking the nullification of the Resolution of the public respondent Secretary of the Department of Labor and Employment (DOLE) in OS-A-11-143-02 (NCR-OD-M-0205-019) and OS-A-1-12-03 (NCR-OD-M-0208-018), consolid...
Promulgated on 2005-05-30

125. CA GR SP 83099: INDOPHIL TEXTILE MILLS INC. vs HON. ROLANDO R. VELASCO,ET AL
Not every controversy or money claim by an employee against the employer or vice-versa is within the exclusive jurisdiction of the Labor Arbiter. A money claim by a worker against the employer or vice-versa is within the exclusive jurisdiction of the labo...
Promulgated on 2005-05-30

126. CA GR SP 88690: JOSEPH MACKAY rep. by SHIRLEY VARGAS, et al. vs MANOTOK REALTY INC.
Before the Court is petitioners Compliance, Manifestation and Motion to Admit Petition for Review Proper Due Most Compelling Reason, dated April 22, 2005, pursuant to the Court's Resolution dated March 31, 2005 directing the submission of a verified stat...
Promulgated on 2005-05-30

127. CA GR SP 81147: Remington Ind'l Sales vs NLRC, et al.
THE existence of an employer-employee relationship is a factual question that can be proven by any form of evidence. However, the evidence must be competent, relevant and substantial....
Promulgated on 2005-05-30

128. CA GR CR 28755: People of the Phils. vs. Armando Ventura y Lazaro
In his 4 May 2005 "MANIFESTATION WITH MOTION TO WITHDRAW APPEAL" accused-appellant, through counsel, alleged: "1. Accused-appellant ARMANDO VENTURA's case is pending appeal before this Honorable Court;...
Promulgated on 2005-05-30

129. CA GR CR 28424: People of the Phils. vs. Ginny Bulanon y Francisco
The instant Appeal is DISMISSED for failure of accused-appellant to file the required Appellant's Brief despite the extended period given him, on authority of Section 8, Rule 124 of the Revised Rules of Court....
Promulgated on 2005-05-30

130. CA GR SP 78409: The Heritage Hotel Manila vs The Hon. Sec. of DOLE, et al.
May the Secretary of Labor exercise appellate jurisdiction and review the decision of the Regional Director in a petition for cancellation of union registration after the Director of the Bureau of Labor Relations inhibited himself from the case?...
Promulgated on 2005-05-30

131. CA GR CR 00434: People vs Kenneth Monceda y Sy alias "William Sy" et al.
IN many cases, drug pushers sell their prohibited articles to prospective customers, be they strangers or not, in private or public places, even in the daytime. What matters is not the existing familiarity between the buyer and seller, or the time and ven...
Promulgated on 2005-05-30

132. CA GR CV 55317: Sps. Macario & Evelyn Bantugon vs. Republic of the Philippines
Before this Court is an appeal from the Decision dated 04 November 1996 rendered by Hon. Judge Ramon B. Reyes of the 1st Municipal Circuit Trial Court of Mabini and Tingloy, Batangas in Land Registration Case No. N-14, LRA Rec. No. N-66478 entitled...
Promulgated on 2005-05-30

133. CA GR SP 49111: North Negros Marketing Company, Inc. vs. Hon. Escolastico U. Cruz, Jr., eta l.
Before this Court is a Petition for Certiorari and Prohibition1 dated 24 September 1998 with prayer for issuance of temporary restraining order and/or writ of Preliminary Injunction seeking to annul and set aside the Orders dated 30 January 1998 and 20...
Promulgated on 2005-05-30

134. CA GR CR 24296: PEOPLE vs ANITA SORRA Y TORIO
Accused-appellant ANITA SORRA y TORIO appeals the Decision dated September 30, 1999 rendered in Criminal Case No. 98- 168437 by the Regional Trial Court of Manila, Branch 34, the dispositive portion of which reads:WHEREFORE, with the above observations a...
Promulgated on 2005-05-30

135. CA GR CR 27256: PEOPLE vs JEFFREY VILLAREAL Y RABILO
Accused-appellant JEFFREY VILLAREAL y RABILO appeals the Decision dated March 10, 2003 rendered in Criminal Case No. M-4606 by the Regional Trial Court of Tabaco City, Albay, Branch 16, the dispositive portion of which reads as follows:WHEREFORE, premise...
Promulgated on 2005-05-30

136. CA GR SP 88754: Filipinas Hosiery vs NLRC, et al.
The petition for certiorari faces outright dismissal for deficiency in form and substance....
Promulgated on 2005-05-30

137. CA GR SP 84031: FLORO A. BUSTO vs SOCIAL SECURITY SYSTEM
Disability is intimately related to one's earning capacity.It should be understood less on its medical significance but more on the loss of earning capacity. It does not mean an absolute helplessness but rather incapacity to perform gainful work which is...
Promulgated on 2005-05-30

138. CA GR CV 55064: Norman Yu & Angelina Imperial vs. Manuel J.S. Peña, et al.
In this appeal, the defendant-third party-plaintiff-appellant Manuel J. S. Peña seeks to reverse and set aside the July 18, 1996 decision of the Regional Trial Court of Pili, Camarines Sur, Branch 32 in Civil Case No. P-1784, which disposed of the pla...
Promulgated on 2005-05-30

139. CA GR SP 85017: JOCELYN N. BALATBAT and VICENTE A. BALATBAT vs CRISPINO PANGILINAN,ET AL
As to land subjected to land reform under Presidential Decree 27, the right of retention by the landowner is a constitutionally guaranteed right. It serves to mitigate the effects of compulsory land acquisition by balancing the rights of the landowner and...
Promulgated on 2005-05-30

140. CA GR SP 84104: SPS. JOSE MA. & FILICIDAD DE LEON vs. HON. REUBEN P. DE LA CRUZ
Challenged and sought to be annulled in this Petition for Certiorari under Rule 65 of the 1997 Rules of Civil Procedure is the Order dated 09 February 2004 of the Regional Trial Court of Marikina City, Branch 272, in Civil Case No. 99-541-MK, as reiterat...
Promulgated on 2005-05-30

141. CA GR SP 87261: DENNIS AQUINO, ET AL. vs HON. JOSE G. PANEDA,ET AL
Under the rules and jurisprudence, for litis pendentia to be invoked as a ground for the dismissal of an action, the concurrence of the following requisites is necessary: (a)Identity of parties or at least such as represent the same interest in both actio...
Promulgated on 2005-05-30

142. CA GR SP 81048: VIRGILLO DELA ROSA, vs HON. GREGORIO T. VILLANUEVA et.al
Before Us is a petition for certiorari under Rule 65 of the Rules of Court, with petitioner seeking the nullification and setting aside of public respondent Hon. Judge Gregorio T. Villanueva's Order, dated 05 November 2003, ordering the execution sale of...
Promulgated on 2005-05-30

143. CA GR CV 82857: Quest-Air Technology vs. The Integrated Services, Inc.
For failure to file Appellant's Brief within the extended period prayed for which expired on Februart 17, 2005, as per JRD Report dated May 20, 2005, the instant appeal is hereby DISMISSED pursuant to Section 1 (e), Rule 50, 1997 Revised Rules of Civil...
Promulgated on 2005-05-30

144. CA GR CV 58695: Cecilia Nialega, et al. vs. Hrs. of Godofredo Padua, et al.
Before this Court is an appeal assailing the Orders dated 20 August 1997 and 11 November 1997 issued by Hon. Judge Policarpio S. Camano, Jr. of the Regional Trial Court, 5th Judicial Region, Branch 58, Tigaon, Camarines Sur in Civil Case No. T-528....
Promulgated on 2005-05-30

145. CA GR SP 86898: Vincent Boado Lee vs. Hon. Natividad Giron-Dizon, et al.
Before Us is a petition for certiorari under Rule 65 of the 1997 Rules of Civil Procedure, as amended, assailing the June 25, 2004 Order of the Regional Trial Court of Quezon City, Branch 106, in Civil Case No. Q-04-51690...
Promulgated on 2005-05-30

146. CA GR CV 83734: SPS. REYNALDO VILLANUEVA and AVELINA M. VILLANUEVA, vs UTILITY CAPITAL AND CREDIT CORPORATION, ET AL
For the repeated failure of plaintiffs-appellants to comply with the two (2) Resolutions of this Court dated December 20, 2004 and February 9, 2005 respectively as regards insufficient payment of the docket fee, the APPEAL is hereby DISMISSED....
Promulgated on 2005-05-30

147. CA GR CR 00746: PEOPLE OF THE PHILIPPINES VS. ROVILINDO MAGLIAN y SAPANGHILA,
Appeal from the Decision of the Regional Trial Court of Libmanan, Camarines Sur in Criminal Case No. L-3182...
Promulgated on 2005-05-30

148. CA GR CR 28778: PEOPLE vs JOSE G. BUENO, JR.,
The last day for appellant to file the required brief expired on November 21, 2004. However, no brief was filed by the counsel for accused-appellant....
Promulgated on 2005-05-30

149. CA GR CR 00799: THE PEOPLE OF THE PHILIPPINES VS. FAUSTINA "FAUSTA" VILLANUEVA,
The accused appeals the decision of the Regional Trial Court of Malolos, Bulacan, Branch 80 dated March 11, 2003 finding her guilty beyond reasonable doubt of the crime of Violation of Article 38 in relation to Articles 34 and 39 of the Labor Code of the...
Promulgated on 2005-05-30

150. CA GR SP 75778: VIVIAN BARRINUEVO y SAYAO vs. JUDGE ELEUTERIO F. GUERRERO, et. al.
In this petition for certiorari under Rule 65 of the 1997 Rules of Civil Procedure, the petitioner seeks to set aside the following: (1) the resolution1 dated September 25, 2002 and (2) the order2 dated December 17, 2002 denying the motion for reconsi...
Promulgated on 2005-05-30

151. CA GR CV 83153: ANT REALTY AND DEVELOPMENT CORPORATION,ET AL, vs SPS. ABELARDO CAMACHO & CONSOLACION CAMACHO, ET AL
Defendants-Appellants? Last Motion for Additional Extension of Time to File Appellants? Brief dated April 12, 2005 is hereby DENIED....
Promulgated on 2005-05-30

152. CA GR SP 89770: SPOUSES RODOLFO PASCUA and CORAZON C. PASCUA vs. SHERIFF RODRIGO R. ORFIANO, JR., et al.
The instant Urgent Complaint For Issuance Of Temporary Restraining Order, Writ Of Preliminary Injunction And/Or Permanent Injunction is outrightly DISMISSED on the following grounds:...
Promulgated on 2005-05-30

153. CA GR SP 89676: MARIETTA ORLEANS vs. OFFICE OF THE OMBUDSMAN SIMEON V. MARCELO, et al.
Challenged in the instant petition is the Order dated July 30, 2004 (Annex "A", Petition, pp. 19-24, Rollo) of the Office of the Ombudsman dismissing CPL No. C-04-1216, a criminal case for Violation of Sec. 3(a) & (e), R.A. 3019, together with the Orde...
Promulgated on 2005-05-30

154. CA GR SP 89096: ARTHUR M. FAJARDO vs. PNP-PACER
This is a petition for habeas corpus seeking the discharge of petitioner Arthur M. Fajardo from the confinement of police custody and finally to restore him to his liberty....
Promulgated on 2005-05-30

155. CA GR SP 89675: DANILO M. SALCEDO VS Hon. HILARIO L. LAQUI, ET AL.
Before this Court is a Petition for Certiorari with prayer for a temporary restraining order/ writ of preliminary injunction1 dated 05 May 2005....
Promulgated on 2005-05-30

156. CA GR SP 89467: Irene Sampaga vs. Magna/Eagle Financial Services Group, Inc.
Before us is a petition for certiorari under Rule 65 of the 1997 Rules of Civil Procedure seeking the nullification of the December 29, 2004 Resolution of the NLRC...
Promulgated on 2005-05-30

157. CA GR CR 28888: PEOPLE vs DAMASO ADAL y JUSAYAN
In our Resolution dated April 12, 2005, counsel for accusedappellant, Atty. Constancio C. Velasco, was directed to show cause within ten (10) days from notice why the appeal should not be dismissed pursuant to Section 8, Rule 124 of the Rules of Court....
Promulgated on 2005-05-30

158. CA GR CV 55289: BPI EXPRESS CARD CORPORATION VS. ARTURO Q. TRINIDAD, ET AL.
In its Civil Case No. 92-2780 for Sum of Money, filed by the appellee BPI Express Card Corporation (or BPI for brevity) against appellants spouses Arturo Trinidad and Margarita Trinidad (or the Trinidads), Branch 135 of the Makati Regional Trial Court (o...
Promulgated on 2005-05-30

159. CA GR CV 28081: PEOPLE vs FRANCISCO VALENTIN, a.k.a. BONG,
The Information for which the appellant and Joel Ugot stand charged reads as follows:...
Promulgated on 2005-05-30

160. CA GR CV 71735: IRENE BAIRAN VDA. DE CRISOSTOMO vs ANTONIO CRISOSTOMO et al.
On appeal is the Decision1 dated May 11, 2000, rendered in Civil Case No. 468-M-90 by Branch 14 of the Regional Trial Court of Malolos, Bulacan, ordering the partition of the estate of the late Marcelo C. Crisostomo among plaintiff-appellee and the de...
Promulgated on 2005-05-30

161. CA GR CV 69824: VSD REALTY & vs UNIWIDE SALES, INC. and DOLORES BAELLO,
We are now confronted with an appeal from the Decision1 dated October 2, 2000 of the Regional Trial Court of Caloocan City, Branch 126, in Civil Case No. C-16933 for Annulment of Title and Recovery of Possession,...
Promulgated on 2005-05-30

162. CA GR CV 64137: JOSE LUGO vs REPUBLIC OF THE PHILIPPINES
Before Us is an appeal from the decision1 dated March 15, 1999 of the Regional Trial Court (RTC) of Cabagan, Isabela, Branch 22, docketed as LRC Petition No. 22-241,...
Promulgated on 2005-05-30

163. CA GR CR 26943: PEOPLE vs ARMAND CAMBE et al
Before Us is an Appeal from the Decision1 dated September 17, 2002 of the Regional Trial Court (RTC) of Sta. Cruz, Laguna, Branch 26, in Criminal Case No. SC-6434, entitled "People of the Philippines, plaintiff (appellee herein) -versus- Armand Cambe,...
Promulgated on 2005-05-30

164. CA GR CR 29102: People vs Diego Papiona y Tipacia
Considering that the accused-appellant Diego Papiona y Tipacia has a pending warrant of arrest and is a fugitive from justice, his appeal is hereby denied due course and is hereby DISMISSED....
Promulgated on 2005-05-30

165. CA GR CV 68609: Consuelo P. Torres vs. Leonila A. Fortifaes
On January 12, 2002, petitioner Consuelo P. Torres filed a petition for Cancellation of Notice of Adverse Claim in connection with an affidavit of adverse claim which private espondent Leonila A. Fortifaes caused to be annotated on Transfer Certificate of...
Promulgated on 2005-05-30

166. CA GR CV 46937: SATURNINO LAO vs LETECIA HERNANDEZ, et al
Raffled to this ponente for study and report on May 12, 2005 under the Zero Backlog Project, the instant appeal seeks the reversal and setting aside of the Decision dated December 16, 1996 of the Regional Trial Court of Davao City, Branch 15, in Civil C...
Promulgated on 2005-05-30

167. CA GR CV 79627: SPS. ROMEO SANTOS and DULCE M. SANTOS vs. SPS. LARRY LEANO and BERNARDITA LEANO
"Unless otherwise provided by law, a contract is obligatory in whatever form it is entered into, provided all the essential requisites are present. When a verbal contract has already been completed, executed or partially consummated, its enforceability...
Promulgated on 2005-05-30

168. CA GR CV 78870: ROBERTO D. TUAZON vs. LOURDES Q, DEL ROSARIO SUAREZ, et. al.
On appeal by plaintiff Roberto D. Tuazon is the Decision dated November 18, 2002 of the Regional Trial Court of Quezon City in an action for ANNULMENT OF DEED OF ABSOLUTE SALE, RECONVEYANCE, DAMAGES, and APPLICATION for PRELIMINARY INJUNCTION entitl...
Promulgated on 2005-05-30

169. CA GR SP 83414: NICANOR L. CUENCA, vs. HON. ALBERTO LERMA, et. al.
Assailed in this petition for certiorari which petitioner Nicanor L. Cuenca ("petitioner") filed under Rule 65 of the Revised Rules of Court are: (1) the 21 April 2003 Order of public respondent Judge Alberto Lerma of the Regional Trial Court of Muntin...
Promulgated on 2005-05-30

170. CA GR CV 80907: HEIDI MARQUEZ vs. ATTY. ARCE ASUNCION
On appeal is the Order dated 18 August 2003 of Branch 38 of the Regional Trial Court of Maddela, Quirino in Adm. Matter No. 05, "For: Cancellation of Notarial Commission," the dispositive portion of which reads:...
Promulgated on 2005-05-30

171. CA GR CV 80673: BAYANI REYES VS REP. OF THE PHILS.
Before this Court is an appeal from the decision dated January 28, 2002 of the Municipal Circuit Trial Court, Fourth Judicial Region, Silang-Amadeo, Cavite in LRC Case No. 97-079, LRA Record No. 68305, entitled In Re: Application for Land Registration,...
Promulgated on 2005-05-27

172. CA GR CR 28062: IRENEO ESPINOCILLA vs. PEOPLE OF THE PHILIPPINES
Before Us is a Petition for Review in accordance with Rule 42 of the 1997 Rules of Civil Procedure, interposed by the herein accused Ireneo Espinocilla in an attempt to reverse and set aside the Decision...
Promulgated on 2005-05-27

173. CA GR CR 00341: People vs. Jesus Nuevas y Garcia, Reynaldo Din y Gonzaga, Fernando Inocencio y Abadeos
This is an appeal from the April 4, 2002 Decision of the Regional Trial Court (RTC), Branch 75, Olongapo City, in two (2) consolidated criminal cases: Criminal Case No. 458-97, entitled "People of the Philippines, Plaintiff, versus, Jesus Nuevas Y Garc...
Promulgated on 2005-05-27

174. CA GR SP 87710: MARIA VIRGINIA V. REMO VS THE HONORABLE SECRETARY OF FOREIGN AFFAIRS
Before this Court is a petition for review under Rule 43 of the 1997 Rules of Civil Procedure of the resolution dated July 27, 2004 and the order dated October 28, 2004 of the Office of the President in O.P. Case No. 001-A-9344 entitled Maria Virginia V....
Promulgated on 2005-05-27

175. CA GR CV 53324: DARWIZA A. SALES VS. CHITA M. BRIONES
Before this Court is an appeal from the decision dated July 11, 1995 of the Regional Trial Court, National Capital Judicial Region, Branch 84, Quezon City in Civil Case No. Q-92-11844 entitled Darwiza A. Sales, Plaintiff versus Chita M. Briones,Defendant...
Promulgated on 2005-05-27

176. CA GR SP 79598: ALADDIN TRINIDAD, vs. DEPARTMENT OF AGRARIAN REFORM, et. al.
This is a petition for review under Rule 43 of the 1997 Rules of Civil Procedure seeking to reverse and set aside the Decision of the Office of the President (OP) dismissing petitioner-appellant Alladdin F. Trinidad's appeal and affirming the Order of...
Promulgated on 2005-05-27

177. CA GR CV 73962: NIMFA CAOILI, et. al., vs. FORTUNE MEDICARE, INC.
This is an appeal from the Decision of the Regional Trial Court of Makati City, Branch 134 in Civil Case No. 97-2294 entitled "Nimfa C. Caoili and Katherina C. Caoili v. Fortune Medicare, Inc.", for specific performance with damages...
Promulgated on 2005-05-27

178. CA GR CV 53176: MICHAEL MOGUER KUSANO VS SABURO KUSANO, ET AL
Before this Court is an appeal from the decision dated January 4, 1996 of the Regional Trial Court, National Capital Judicial Region, Branch 122, Caloocan City in Civil Case No. C-16700 entitled Michael Moguer Kusano, Plaintiff, versus Saburo Kusano, Def...
Promulgated on 2005-05-27

179. CA GR SP 81326: Swordsman Co., Inc. Virgilio Ramil vs. NLRC, Antonio C. Valdez, Edmundo Java, Victor Nuñez
Before Us is a petition for certiorari assailing the June 25, 2003 Decision and the October 30, 2003 Resolution of the National Labor Relations Commission (NLRC) issued in NLRC CA No. 033715-02 (NLRC NCR 00-05-02718-02)....
Promulgated on 2005-05-27

180. CA GR SP 83659: GREAT MANILA MFTG., INC., vs. ROLANDO T. CHUA,
This is a petition for review seeking to reverse and set aside the Decision of the Regional Trial Court dated 19 March 2004 which affirmed that of the Metropolitan Trial Court ordering petitioner Great Manila Mftg., Inc. (GMMI) to vacate the commercial...
Promulgated on 2005-05-27

181. CA GR SP 79369: NAV?S INCORPORATED, et. al., vs. RAFAEL BURABO RIVERA, JR., et. al.
This is a petition for certiorari under Rule 65 of the 1997 Rules of Civil Procedure seeking to annul the Resolution dated March 31, 2003 issued by the National Labor Relations Commission (NLRC), the dispositive portion of which states:...
Promulgated on 2005-05-27

182. CA GR SP 83772: Nelly Veloso Pusung vs. Amelia Sta. Maria, Social Security System
This petition for review seeks to nullify and set aside the December 17, 2003 Resolution of the Social Security Commission (SSC) in SSC Case No. 10-15387-02 as well as the Order dated March 24, 2004 issued by the same Commission denying petitioner's Mo...
Promulgated on 2005-05-27

183. CA GR CV 77677: Director of Lands vs. Aquilina Abuel, et al., Julieta A. Lozano ; R.P.
Before Us on appeal is the October 21, 2002 Decision of the Municipal Circuit Trial Court (MCTC) of Atimonan, Plaridel, Quezon, acting as Land Registration Court under a delegated jurisdiction, in Cadastral Case No. 65, LRC Cad. Rec. No. 1027,...
Promulgated on 2005-05-27

184. CA GR CV 78410: Rural Bank of Mapandan, Inc. vs.Wilfredo Calimlim, et al.
Before Us is an appeal from the October 2, 2002 Decision of the Regional Trial Court (RTC) of Urdaneta City, Pangasinan, Branch 47, in PET. CASE No. U-1792, granting the issuance of a writ of possession in favor of petitioner, Rural Bank of Mapandan, I...
Promulgated on 2005-05-27

185. CA GR SP 81814: Leoniza Manahan-Percel vs. Hon. Basilio R. Gabo, Jr., et al.
Before this Court is a petition for certiorari and prohibition with preliminary injunction and prayer for temporary restraining order under Rule 65 of the 1997 Rules of Civil Procedure whereby petitioner seeks to nullify the orders of the public respon...
Promulgated on 2005-05-27

186. CA GR CV 78740: Adriano C. Roldan vs. Micronesia Manpower Resources Corp., Singa Ship Mgt., et al.
Before Us is an appeal assailing the January 16, 2003 Order of the Regional Trial Court (RTC) of Makati City - Branch 134 in Civil Case No. 02-826, the dispositive portion of which reads: "WHEREFORE, the motion to dismiss is hereby GRANTED. Accordingl...
Promulgated on 2005-05-27

187. CA GR CV 75687: FELIX T. CHINGKOE,et al., vs THE PLANTERS DEVELOPMENTBANK CORP., et al.,
May a minority stockholder question the validity of a foreclosure sale of real estate owned by the corporation in the absence of authority given by the board of directors? This is the question on appeal from the order of the Regional Trial Court,...
Promulgated on 2005-05-27

188. CA GR CV 83659: GREAT MANILA MFTG., INC.,Represented by SIMON C. GO, vs. ROLANDO T. CHUA
This is a petition for review seeking to reverse and set aside the Decision of the Regional Trial Court dated 19 March 2004 which affirmed that of the Metropolitan Trial Court ordering petitioner Great Manila Mftg., Inc. (GMMI) to vacate the commercial...
Promulgated on 2005-05-27

189. CA GR SP 75733: SPS. PAULINO & EVANGELINE ABLETES ABUDA vs HEIRS OF SOCORRO TORRES, et al.
In a petition for the issuance of a new owner's duplicate certificate of title of TCT No. 141782 of the Registry of Deeds of Manila covering a parcel of land situated in Tondo, Manila filed by private respondent Socorro Torres-Abletes, the Regional Tria...
Promulgated on 2005-05-27

190. CA GR SP 87922: JOSE GERARDO M. SANCHEZ vs SPS. ALOYSIUS & NATASHA M. FORTUNA
This pertains to the Motion for Reconsideration filed by the petitioner through counsel on 13 May 2005, seeking for the reconsideration of the Resolution dated 25 April 2005, the text of which reads: WHEREFORE, in view of the foregoing, the petition for...
Promulgated on 2005-05-27

191. CA GR SP 84722: SAULOG ESTATE, Rep. by GODOFREDO BALBAROSA vs DOMINGO GINDAP,ET AL
This is a petition for review directed against the decision rendered by the Department of Agrarian Reform Adjudication Board (DARAB) dated November 19, 2003, the decretal text of which reads:WHEREFORE, in view of the foregoing, the decision appealed fro...
Promulgated on 2005-05-27

192. CA GR CV 69487: Wilson Chieng vs. Jaime Gabriel and Joselito Gabriel
Before this Court is an appeal assailing the decision rendered by Branch 72, Regional Trial Court of Olongapo City in Civil Case No. 145-0-98...
Promulgated on 2005-05-27

193. CA GR CV 81452: EUGENIA MANUEL and EMILINA MANUEL vs Promulgated:
Records show that on 4 March 2005, this Court had sent the oppositor-appellants the following notice to wit: Oppositor-appellants' motion praying for an extension of 15 (fifteen) days from February 17, 2005 or until March 4, 2005 within which to file the...
Promulgated on 2005-05-27

194. CA GR SP 85097: EDWIN R. ABELLA, Asst. Chairman B I R, vs. HON. SIMEON V. MARCELO, as the Ombudsman, et al.
This is a petition for certiorari with prayer for temporary restraining order and writ of preliminary injunction challenging the Order dated March 10, 2004 (Annex "A", pp. 28-36, Rollo) issued by the Office of the Ombudsman in OMB-C-A-04-0038-B in the...
Promulgated on 2005-05-27

195. CA GR CV 58778: EPIFANIA TUPAZ, et al. vs CARIDAD SANTO VDA. DE TUPAZ, et al.
This pertains to the Partial Motion for Reconsideration filed by the Defendant-appellees, seeking for the reconsideration of the Decision dated June 30, 2003, the assailed dispositive portion reads:...
Promulgated on 2005-05-27

196. CA GR CV 52596: RIZAL COMMERCIAL BANKING CORP. vs SPS. ROSALINDA M. & MANUEL CAMACHO and JOHN DOES,
This pertains to a partial motion for reconsideration filed by defendant-appellants Spouses Manuel and Rosalinda Camacho, seeking for a partial reconsideration of the Decision dated 31 July 2003, the dispositive portion of which reads:...
Promulgated on 2005-05-27

197. CA GR CR 24671: PEOPLE OF THE PHILIPPINES vs VICENTE SY Y MADLAMBAYAN MUI SHUTAK @ ALLAN LEE
On 5 March 2001, a resolution was issued by the Special Seventh Division of this court, dismissing the instant appeal (of Mui Shutak @ Allan Lee) because his withdrawal of appeal was filed before the filing of the appellee's brief; hence, the appeal may b...
Promulgated on 2005-05-27

198. CA GR CV 60949: SPOUSES PANFILO and CATALINA HINCUY vs. ANDRONICO DEL MUNDO, et al.
On appeal is the Decision of the Regional Trial Court of Paranaque, Branch 260, in Civil Case No. 97-0301, entitled "Spouses Panfilo and Catalina Hincuy vs. Andronico Del Mundo, Corazon Tingson, Baby Ong Esper and Ed Esper", for declaration of nullity...
Promulgated on 2005-05-27

199. CA GR CV 77308: GDSK DEVELOPMENT CORPORATION vs. SEC. GREGORIO R. VIGILAR, ET AL.
This is an appeal from the Decision (Records, pp. 140- 147) dated 14 November 2001 of the Regional Trial Court of Manila, Branch 36, in Civil Case No. 98-86795 for Specific Performance or Rescission of Contract of Sale decided in favor of plaintiff-appel...
Promulgated on 2005-05-27

200. CA GR SP 69749: MARIAN D. TORRES AND MARICAR D. TORRES vs. MORENO F. GENEROSO, et al.
THE OFFICE OF THE OMBUDSMAN SEEKS RECONSIDERATION OF THE DECISION OF JANUARY 6, 2004 ON THE GROUND THAT:...
Promulgated on 2005-05-27

201. CA GR CV 74760: MARY JEANIE TELEBANCO vs. ARNULFO YANORIA a.k.a ARNOLD
This is an appeal from the Decision of the Regional Trial Court of Calamba City, Branch 37, dated March 15, 2002 finding respondent psychologically incapacitated and declaring the marriage between petitioner and respondent null and void....
Promulgated on 2005-05-27

202. CA GR SP 87328: MANUEL V. BAVIERA, vs ESPERANZA PAGLINAWAN ROZARIO et.al.
Finding no new matter of substance that would warrant the modification much less the reversal of the January 07, 2005 decision of this Court, the Motion for Reconsideration filed by the petitioner is hereby DENIED for lack of merit....
Promulgated on 2005-05-27

203. CA GR SP 86648: NOEL B. DALIGDIG et.al. VS HON. SECRETARY, DOJ, JOSE LUIS SANTIAGO AND MARILYN SANTIAGO et.al.
Finding no new matter of substance that would warrant the modification much less the reversal of the April 13, 2005 decision of this Court, the Motion for Reconsideration filed by the petitioners is hereby DENIED for lack of merit....
Promulgated on 2005-05-27

204. CA GR CV 80349: SPS. EUGENE C. GO , ET AL. vs. COLEGIO DE SAN JUAN DELETRAN, ET AL.,
Before Us is an appeal from the Decision of the Regional Trial Court, Branch 131, Caloocan City in Civil Case No. C-19938 dated August 18, 2003 which granted plaintiffs-appellees' complaint for damages, the dispositive portion of which reads:...
Promulgated on 2005-05-27

205. CA GR SP 87514: PASCASIO G. GOZON et.al. VS NLRC et.al.
Finding no new matter of substance that would warrant the modification much less the reversal of the March 22, 2005 Decision of this Court, the Motion for Reconsideration filed by private respondents is hereby DENIED for lack of merit....
Promulgated on 2005-05-27

206. CA GR SP 89688: VENANCIO VIESCA vs THE MANILA BANKING CORP.
Before this Court is a Petition for Review under Rule 42 of the Revised Rules of Civil Procedure filed on May 12, 2005 assailing the decision dated August 5, 2003 of the Regional Trial Court, Branch 101, Quezon City in Civil Case No. Q-03-49336....
Promulgated on 2005-05-27

207. CA GR SP 48424: ANTONIO DIAZ AND FRANCISCO TESORERO VS.ENERGY REGULATORY BOARD AND DAVAO LIGHT AND POWER CO., INC.
Before Us is a petition for certiorari, with prayer for the issuance of a temporary restraining order and/ or writ of preliminary injunction, seeking to annul the June 3, 1997 and May 14, 1998 Orders of the Energy Regulatory Board in ERB Case No. 96-1...
Promulgated on 2005-05-27

208. CA GR SP 83221: Transnational Diversified Group, Inc., et al. vs. DANILO BESA and NLRC
In view of a Withdrawal of Appeal filed by the petitioners, through counsel, this case is dismissed....
Promulgated on 2005-05-27

209. CA GR SP 86526: MYLA EDQUIBAN, et al vs BUREAU OF LABOR RELATIONS, et al
This is a petition for certiorari under Rule 65 of the Revised Rules of Court to annul and set aside the following resolutions of the Bureau of Labor Relations, acting through Director Hans Cacdac, in the case of "IN RE: PETITION FOR CANCELLATION OF TH...
Promulgated on 2005-05-27

210. CA GR SP 88301: JDA INTER-PHIL MARITIME SERVICE CORPORATION vs. NLRC, ET AL
Before the Court is a petition for certiorari, with prayer for the issuance of a temporary restraining order (TRO) and/or writ of preliminary injunction, seeking to set aside the Resolutions, dated June 30, 2003 and December 14, 2004, of the National L...
Promulgated on 2005-05-27

211. CA GR SP 89814: Jose Merete vs. Hon. Fernando Vil Pamintuan, etc., et al.
The herein petition for certiorari assails the March 1, 2005 Decision of the RTC (Br. 3, Baguio City) in Criminal Case No. 23385-R and a subsequent Order dated April 4, 2005, which denied petitioner?s Motion for Reconsideration....
Promulgated on 2005-05-27

212. CA GR CV 59156: EPIFANIO H. CAMIT vs ELPIDIO H. CAMIT, ET AL.
Raffled to this ponente on May 12, 2005 under the Zero Backlog Project is an appeal from the Decision promulgated on May 26, 1997 of the Regional Trial Court of Imus, Cavite, Branch 20, the dispositive portion of which reads as follows:...
Promulgated on 2005-05-27

213. CA GR CV 67007: Rodolfo Barrozo, et al. vs. Sps. Eugenio and Erlinda Lorenzo, et al.
Before Us is a Motion to Dismiss (the Appeal) filed by the private respondents-appellees Spouses Eugenio Lorenzo and Erlinda Albaran-Lorenzo on the ground that the appeal has now become moot and academic....
Promulgated on 2005-05-27

214. CA GR SP 83755: Phi. Sinter Corp. vs NLRC, et al.
Before Us is a Petition for Certiorari assailing the Resolution dated November 28, 2003 rendered by the National Labor Relations Commission, and its subsequent Resolution dated February 20, 2004 which denied petitioners' Motion for Reconsideration....
Promulgated on 2005-05-27

215. CA GR SP 89811: Admiral Maritime Training Institute of the Phils. vs. NLRC, et al.
This petition under Rule 65 of the Rules of Court is fatally defective for the following omissions: 1. The certification against forum shopping signed by a person on behalf of a corporation is not accompanied by proof that the signatory is authorized to f...
Promulgated on 2005-05-27

216. CA GR SP 79681: Jacinto Cana, et al. vs. Lauro Miranda
Sought to be overturned in this petition for review under Rule 42 of the Rules of Court is the Decision dated September 10, 2003 of the Regional Trial Court (or RTC) of Calauag, Quezon, Branch 63, in Civil Case No. C-1291, which affirmed the decision date...
Promulgated on 2005-05-27

217. CA GR SP 85726: Manila Electric Co. vs NLRC et.al.
The character of employment, whether the same is regular or for a certain project only, is determined not by the stipulations in the contract of employment,but the nature of the work performed. An employee is regular because of the necessity of his work t...
Promulgated on 2005-05-27

218. CA GR SP 74721: Nazaria de Leon vs. Ana Sebastian, et al.
Before this Court is a Petition for Review under Rule 43 of the 1997 Revised Rules of Court seeking the reversal of the decision of the Department of Agrarian Reform Adjudication Board dated December 28, 2000 and its Resolution dated November 15, 2002....
Promulgated on 2005-05-27

219. CA GR SP 83775: SEABIRD SHIP MANAGEMENT, INC. and SERVICES PTE LTD vs NATIONAL LABOR RELATIONS COMMISSION
In this petition for certiorari1 with prayer for the issuance of a Temporary Restraining Order (TRO) and/or a Writ of Preliminary Injunction,...
Promulgated on 2005-05-27

220. CA GR SP 86101: RENATO Y. YAMBAO vs SILVERIO EUGENIO et al.
The litigants are claiming ownership over a registered parcel of land arising from an emancipation patent. One party is asserting his right as a vendee, the transfer of ownership to him by the tenantfarmer having been recognized by the Provincial Agrar...
Promulgated on 2005-05-27

221. CA GR CR 00663: People vs. Roger de Guzman y Lauchangco
Before Us for review is the July 15, 2002 Decision of the Regional Trial Court of Malolos, Bulacan, Branch 11 in Criminal Case No. 2975-M-2000 finding Roger de Guzman y Lauchangco guilty beyond reasonable doubt of the crime of murder and sentencing him to...
Promulgated on 2005-05-27

222. CA GR CV UDK 1541: JULIO SAD-ANG AND FERMINA SAD-ANG vs. VULCAN LAND CORPORATION
Pursuant to Section 1 (c), Rule 50 of the 1997 Rules of Civil Procedure, this appeal is ordered DISMISSED, for failure of the plaintiffs-appellants to pay the required docket fees, as per report of the Judicial Records Division....
Promulgated on 2005-05-27

223. CA GR CV 83304: ALBERTO C. BOOL, VS. R.E. CALANGI CONSTRUCTION & DEVELOPMENT CORPORATION
We resolve to consider the instant appeal ABANDONED, and accordingly DISMISSED, pursuant to Section (e), Rule 50 of the 1997 Rules of Civil Procedure for defendant-appellant's failure to file the required brief within the period fixed by the Rules per...
Promulgated on 2005-05-27

224. CA GR CV 57627: ALFREDO GONZALES VS. HRS. OF CANDIDO MIGUEL AND ANTONINA BALDERRAMA
Before this Court is an appeal from the Order dated April 8, 1997 of the Regional Trial Court, National Capital Judicial Region, Branch 158, Pasig City in Civil Case No.53273 for Cancellation of OCT 2478 for having overlapped OCT 227 and TCT 8034, TCT 10...
Promulgated on 2005-05-27

225. CA GR SP 87534: Global Language Foundation, Inc., et al. vs. NLRC, et al.
This is a petition by way of certiorari under Rule 65 of the 1997 Revised Rules of Civil Procedure seeking to annul the Resolution dated July 30, 2004 of the National Labor Relations Commission, 2nd Division, Quezon City....
Promulgated on 2005-05-27

226. CA GR SP 88543: TERESITA R. REMODO, ET AL., VS. THE HON. SECRETARY OF JUSTICE RAUL M. GONZALES, ET AL
On February 11, 2005, petitioners filed a Motion for Extension of Time to File Petition for Mandamus praying for an extension of thirty (30) days from February 13, 2005 or until March 15, 2005 within which to file the Petition for Mandamus....
Promulgated on 2005-05-27

227. CA GR SP 88565: FRITZ LOGISTICS PHILIPPINES,INC., et al vs NATIONAL LABOR RELATIONS and FLORENCIA B. KIOCHO,
This is a petition for certiorari with prayer for a writ of preliminary injunction, seeking to annul the resolutions of the National Labor Relations Commission...
Promulgated on 2005-05-27

228. CA GR CV 76566: SYLVIA M. REY-DIAZ vs CARLOS M. DIAZ
Before Us on appeal is the decision of the Regional Trial Court, Branch 60 of Angeles City in Civil Case No. 10277...
Promulgated on 2005-05-27

229. CA GR CR 00598: People vs. Federico Villacillo
On appeal is the decision dated 9 October 2001 of the Regional Trial Court, Branch 6, of Baguio City, convicting accusedappellant Federico Villacillo a.k.a. Bodie of two counts of rape in Criminal Cases Nos. 17183-R and 17184-R....
Promulgated on 2005-05-27

230. CA GR SP 80712: HONDA CARS QUEZON CITY, INC. vs. FILIPINAS DRAVO CORP.
This is an appeal from the Decision dated October 6, 2003, rendered by the Regional Trial Court (hereafter RTC), Branch 91, Quezon City in Civil Case No. Q-98-36316 for Collection of Sum of Money and Damages, the dispositive portion of which reads as foll...
Promulgated on 2005-05-26

231. CA GR SP 89400: A. BYLSON'S EMPLOYEES LABOR UNION-NATIONAL FEDERATION OF LABOR,vs NATIONAL LABOR RELATIONS CO.,ET AL
Under the present Rule, a petition for certiorari shall be filed not later than sixty (60) days from notice of the judgment, order or resolution. In case a motion for reconsideration or new trial is timely filed, whether such motion is required or not, t...
Promulgated on 2005-05-26

232. CA GR CV 82872: JULIE C. ARCALAS vs. ANSELMO SANTOS, ET AL.
The Motion for Reconsideration of the Resolution dated January 25, 2005 dismissing the instant appeal for failure to file appellant's brief, filed by defendant-appellant through counsel on February 16, 2005, states that his failure to file the appellant...
Promulgated on 2005-05-26

233. CA GR CV 52077: DANIEL A. REJUSO vs METRO CITY BUS CORP. (MCBC), ET AL.
This is an appeal from the Decision dated October 23, 1995 of the Regional Trial Court of Makati City, Branch 65, in Civil Case No. 92-2170, entitled "Daniel A. Rejuso vs. Manila City Bus Corporation (MCBC), Metro Manila Transit Corporation (MMTC), Joe...
Promulgated on 2005-05-26

234. CA GR CV 43919: REPUBLIC OF THE PHILIPPINES, et al. vs. JOSEFA DE LUNA-CARDIEL, et al.
On appeal is the Decision dated January 29, 1993 rendered by the Regional Trial Court of Ligao, Albay, Branch 12, in Civil Case No. 741, for Cancellation of Title and Reversion....
Promulgated on 2005-05-26

235. CA GR CV 56448: AUTOWORLD SALES CORPORATION vs GENERAL MOTORS PILIPINAS INC.,ET AL
This is an appeal from the Decision of the Regional Trial Court of Makati City, Branch 134, in a case for Damages filed by the appellant Autoworld Sales Corporation (or Autoworld hereafter) represented by Anthony Que (or Que) against the appellees Genera...
Promulgated on 2005-05-26

236. CA GR CV 52303: HEIRS OF FELICIANO GARSIN SR. vs VILLA CARMEN SUBDIVISION
The present case was re-raffled off to the undersigned ponente on May 6,2005 pursuant to the Zero Backlog Project of this Court.On appeal is the Decision dated December 8, 1995 of the Regional Trial Court of San Fernando, Pampanga, Branch 42 in Civil Case...
Promulgated on 2005-05-26

237. CA GR CV 49932: VINTAGE ENTERPRISES, INC., vs BESTSELLERS, INC. et al.,
This is an appeal from the decision of the Regional Trial Court of Makati dated 27 February 1995, disposing as follows:...
Promulgated on 2005-05-26

238. CA GR CV 78921: Danilo Dolleton vs Henry Ceniza
ON appeal is the Order of the Regional Trial Court in Muntinlupa City dismissing the complaint for damages stemming from alleged malicious prosecution by defendant-appellee Henry C. Ceniza, against plaintiff-appellant Danilo Dolleton....
Promulgated on 2005-05-26

239. CA GR CR 00920: PEOPLE OF THE PHILIPPINES vs PHILIP DILAO Y CASTRO
Before the Court is an appeal from the Joint Decision dated February 27, 20031 in Criminal Cases Nos. C-65963 and C-65964 of Branch 127, Regional Trial Court, Caloocan City, convicting accused-appellant Philip Dilao y Castro for violation of Sections 5 an...
Promulgated on 2005-05-26

240. CA GR SP 89766: Daniel Maganes, et al. vs Hon. Presiding Judge, RTC Br. 3, Baguio City, et al.
The instant Petition For Certiorari With Prayer For Urgent Ex-Parte Application For The Issuance Of A Temporary Restraining Order And Writ Of Preliminary Injunction filed by the petitioners, through their counsel, is ordered DISMISSED outright for being...
Promulgated on 2005-05-26

241. CA GR CV 57053: Sps. Teodulo & Rosita Rumarate vs. Hilario Hernandez, et al.
The instant case involves a question of ownership over an 18.7765-hectare parcel of land situated in Barrio Katimo, Municipality of Guinayangan (now Tagkawayan), Province of Quezon, known as Lot 379 of the Cadastral Survey of Guinayangan, Quezon....
Promulgated on 2005-05-26

242. CA GR CR 28248: PEOPLE OF THE PHILIPPINES vs. EDWARD BUBAN Y CAYOSA
This is an appeal from the Decision dated October 20, 2003 rendered by the Regional Trial Court, Branch 121, Caloocan City (hereafter RTC) in Criminal Case No. C-66328 for the crime of Robbery, the dispositive portion of which reads as follows:...
Promulgated on 2005-05-26

243. CA GR CV 58640: Handyware Philippines, Inc. vs. LTS Industrial Development Corp., et al.
Before us is an appeal assailing the decision of the Regional Trial Court (RTC) of Quezon City, Branch 85, dismissing the complaint for sum of money and damages filed by the plaintiff-appellant corporation against the defendants-appellees corporations,...
Promulgated on 2005-05-26

244. CA GR CV 55834: SPS. MAGDALENA and RUBEN ZAPATA vs PACITA SAMSON ET.AL.
The present case was re-raffled off to the undersigned ponente on May 12, 2005 pursuant to the Zero Backlog Project of this Court.On appeal is the Decision dated January 15, 1997 of the Regional Trial Court of Quezon City, Branch 216 in Civil Case No. Q-9...
Promulgated on 2005-05-26

245. CA GR CR 26140: PEOPLE OF THE PHILIPPINES vs. ERLINDA G. MALOBAGO
This is an appeal from the Decision dated October 24, 2001, rendered by the Regional Trial Court (hereafter RTC), Branch 14, Manila, in Criminal Case No. 97-158268, for Illegal Recruitment, the dispositive portion of which reads as follows:...
Promulgated on 2005-05-26

246. CA GR CR 00882: PEOPLE OF THE PHILIPPINES vs. AMADOR SEGOBRE Y QUIJANO
This is an appeal from the Decision dated October 30, 2002 rendered by the Regional Trial Court, Branch 73, Antipolo City in Criminal Case No. 97-13850 to the Supreme Court which was subsequently transferred to this Court in a Resolution dated February 23...
Promulgated on 2005-05-26

247. CA GR SP 89627: VIOLETA I. DONATO vs PHILIPPINE NATIONAL BANK and HON. BERNABE B. MENDOZA,
There being no proof that the respondents were furnished with copies of the present petition for certiorari and considering that the assailed Order dated January 28, 2005 is a mere machine copy from a certified true copy...
Promulgated on 2005-05-26

248. CA GR CV 52590: JOSE G. UY AND IMELDA CHI vs JULIAN SY
The present case was re-raffled off to the undersigned ponente on May 12, 2005 pursuant to the Zero Backlog Project of this Court.On appeal is the Decision dated March 6, 1995, as amended on March 21, 1995, of the Regional Trial Court of Lucena City, Bra...
Promulgated on 2005-05-26

249. CA GR CV 69432: R.P. vs. Angel Lopez, et al.
This is an appeal from the Joint Decision dated January 9, 1999 of Branch 40, Regional Trial Court, Oriental Mindoro, dismissing Civil Cases Nos. R-4073, 4074 and 4077 for Cancellation of Title/Reversion filed by the Republic of the Philippines....
Promulgated on 2005-05-26

250. CA GR SP 81773: ANGELITO LIBROJO, ET AL. vs FRIDAY ASSOCIATES MARKETING ENTERPRISES, INC., ET AL.
This is an appeal by way of a petition for review under Rule 43 of the 1997 Revised Rules of Civil Procedure, from the decision dated 18 July 2003, rendered by the Office of the President in O.P. Case No. 01-L-204 and its subsequent Resolution dated 04...
Promulgated on 2005-05-26

251. CA GR SP 77303: Ronilo D. Sorreda vs. N.L.R.C. & Cambridge Electronics Corp.
Before us is a Petition for Certiorari seeking to nullify the decision of the public respondent National Labor Relations Commission (NLRC, for brevity), denying the Motion for Reconsideration of the petitioner regarding the reversal of the decision of t...
Promulgated on 2005-05-26

252. CA GR SP 89411: ROGELIA G. AMBROSIO vs METROPOLITAN TRIAL COURT OF MAKATI,ET A:L
The petition for certiorari with prohibition (with prayer for temporary restraining order and/or writ of preliminary injunction presented before us assails the following Orders of the respondent MeTC of Makati City, Branch 61, issued against the petition...
Promulgated on 2005-05-26

253. CA GR SP 88727: DANNY CHUA vs THE HONORABLE PRESIDING JUDGE, BRANCH 42,ET AL
At hand is the Motion for Extension of Time to File Petition for Certiorari filed by petitioner.WHEREFORE, as prayed for, the Court GRANTS petitioner an extension of fifteen (15) days from February 27, 2005 or until March 14, 2005 within which to file th...
Promulgated on 2005-05-26

254. CA GR SP 82229: ERNESTO B. ROSELLO vs HON. EDWIN SORONGON and HRS. OF RAFAEL NILO B. ROSELLO, et al.
In a Decision dated July 25, 2003 in Civil Case No. MC-98- 504, public respondent Judge Edwin D. Sorongon resolved the merits of the complaint for specific performance and damages filed by Rafael Nilo B. Rosello against petitioner Ernesto B. Rosello. Pet...
Promulgated on 2005-05-26

255. CA GR CV 80702: ROMEO & JINKY TATAD vs ROWENA C. VILLEGAS, ET AL.,
Assailed in the present appeal is the propriety of rendering summary judgment by the trial court after it found that defendantsappellants' denial of a certain document (mentioned in plaintiffsappellees' request for admission) was merely contained in their...
Promulgated on 2005-05-26

256. CA GR CV 65198: FELICIDAD P. APIGO-PASCUA vs MELCHOR C. PASCUA, et al.,
This is an appeal from the decision dated 16 July 1999 of the Regional Trial Court in San Fernando City, La Union in Civil Case No. 6229, declaring the marriage of petitioner Felicidad P. Apigo-Pascua and respondent Melchor C. Pascua null and void....
Promulgated on 2005-05-26

257. CA GR CR 27917: PEOPLE OF THE PHILIPPINES vs MARLENE MANGONON and ALICE MULATO
This is an appeal from the July 31, 2003 Decision of the Regional Trial Court, Branch 45, Urdaneta City, finding the accused, Marlene Mangonon and Alice Mulato, guilty beyond reasonable doubt of having committed the crime of Estafa against one Carina Sor...
Promulgated on 2005-05-26

258. CA GR CV 69741: Heirs of Eliseo Jumanan vs. Maria Saulog, et al.
Target of this appeal is the Decision dismissing the complaint of plaintiffs-appellants Heirs of Eliseo Jumanan for Quieting of Title and/or Annulment of Title and holding them liable for damages to defendants-appellees....
Promulgated on 2005-05-26

259. CA GR CR 28504: People vs. Gilberto Gosingco y Yu
The running case law is that positive identification of the accused will prevail over the defense of denial. This is an appeal from the decision dated May 24, 2004 rendered by Branch 40 of the Regional Trial Court (RTC) of Manila...
Promulgated on 2005-05-26

260. CA GR SP 88496: Pinewood Marine Phils., Inc., et al. vs. NLRC, et al.
Before this Court is a Petition for Certiorari praying for the annulment of the Resolution dated September 30, 2004 issued by respondent National Labor Relations Commission (NLRC), Second Division dismissing petitioners appeal from the Order dated Novemb...
Promulgated on 2005-05-26

261. CA GR SP 83505: RUFINO AGUILAR, et al., vs HON. DORENTINO Z. FLORESTA et al.,
As prayed for by private respondents, on the ground that the above entitled petition for certiorari, mandamus and prohibition, (praying that public respondent be ordered to resolve a pending motion to dismiss)...
Promulgated on 2005-05-26

262. CA GR CV 48447: CARGILL, INC. vs NORTHERN MINDANAO CORPORATION, INTRA STRATA ASSURANCE CORP.
The appellant Intra Strata Assurance Corporation (or Intra Assurance hereafter) through this appeal assails the decision of Branch 145 of the Regional Trial Court of Makati City in a case for Sum of Money filed by the appellee Cargill, Inc. (or Cargill...
Promulgated on 2005-05-26

263. CA GR SP 89680: NELLIE C. TEE TEN vs HON. ROMMEL O. BAYBAY et al.,
For failure of petitioner to accompany the petition with a written explanation why service of copies of the petition upon respondents was not done personally, pursuant to Section 11 of Rule 13,...
Promulgated on 2005-05-26

264. CA GR SP 85145: Ambassador Rafael Gonzales vs. Hon. Rafael Tranquil P. Salvador, et al.
This petition for certiorari assails the 16 July 2003 Order, which reinstated the Order dated 29 May 2002 granting the Motion to Quash, as well as the 10 June 2004 Order, denying petitioner's Motion for Reconsideration....
Promulgated on 2005-05-26

265. CA GR SP 88646: SPS. ELMER BINAURO ANDMONICA BINAURO vs EULALIO NEMENZO
For failure of petitioners to attach to the petition legible duplicate originals or true copies of the pleadings and other material portions of the record as would support the allegations...
Promulgated on 2005-05-26

266. CA GR CV 65150: Mary Grace Ibanez vs. The Local Civil Registrar of Calamba, Laguna; R.P.
The State is on appeal from an order of the Regional Trial Court of Calamba, Laguna granting a petition to correct entries in a record of birth with the Local Civil Registry of Calamba....
Promulgated on 2005-05-26

267. CA GR CV 83978: Victor and Ida Vispo vs. Asuncion Riverside Homeowners Asso., Inc., et al.
On January 24, 2005, this Court sent defendants-appellants Asuncion Riverside Homeowners Association, Inc. (ARHOA), et al. (hereinafter, defendants-appellants) a notice to file Appellant's Brief within forty-five (45) days from receipt thereof....
Promulgated on 2005-05-26

268. CA GR SP 89446: Gilberto F. Layese vs. Office of the President, etc., et al.
The instant Petition for Review is ordered DISMISSED....
Promulgated on 2005-05-26

269. CA GR SP 86157: Carlos H. Reyes, et al. vs. Exequiel Roman, et al.
For this Court's disposition is a petition for review under Rule 43 filed by petitioners Carlos H. Reyes, et al. seeking the reversal of the Order of the Office of the President dated April 30, 2004 denying petitioners' appeal from the Decision dated Feb...
Promulgated on 2005-05-26

270. CA GR SP 86626: LA UNION VENTURES, INC. vs JUDGE ARTEMIO S. TIPON 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 (1) the Order dated July 29,2004 issued by the public respondent in Civil Case No. 01-99719 entitled La Union Ventures, Inc., v. La Un...
Promulgated on 2005-05-26

271. CA GR SP 75297: LUCKY ANTS CORPORATION vs NLRC AND SIGFREDO GUILLERMO
The present petition for certiorari filed under Rule 65, 1997 Rules of Civil Procedure assails the (i) Resolution dated June 28, 2002 in RAB V 11-00248-00 (CA No. 028942-01) of public respondent National Labor Relations Commission finding that private re...
Promulgated on 2005-05-26

272. CA GR SP 88574: Premiere Dev't Corp. vs Hon. Nemesio Felix, et al.
The petition for certiorari faces outright dismissal due to insufficiency in form and substance....
Promulgated on 2005-05-26

273. CA GR SP 77764: Metrobank and Trust Co. vs Hon. Carmelita S. Gutierrez-Fruelda
SUBJECT of this special civil action for certiorari is the Order of the Regional Trial Court (RTC) granting the application for preliminary injunction filed by private respondents Sycamore (Sycamore) Ventures Corporation and spouses Simon and Leng Leng Pa...
Promulgated on 2005-05-26

274. CA GR SP 89473: PHIL-VILLE DEVELOPMENT AND HOUSING CORPORATION vs THE HONORABLE ADORAZON G. ANGELES, et al.
The instant Petition for Certiorari and Mandamus dated 23 April 2005 is defective in that the petitioner failed to attach to the petition the duplicate original or a certified true copy of the assailed orders as required in Section 1, Rule 65 in relati...
Promulgated on 2005-05-25

275. CA GR CV 68375: DAVID A. BOLILAN vs ALICE SIAPUATCO, et al
For consideration of this Court is the appeal from the Decision (Records, pp. 162-174) of the Regional Trial Court of Tabaco, Albay, Branch 16, dated July 10, 2000 in Civil Case No. T-1883 for "Damages" decided in favor of plaintiff-appellee, the dispo...
Promulgated on 2005-05-25

276. CA GR CV 70852: King's Court Consultants Co., Ltd. vs. Linkworld Construction & Dev'lt. Corp.; City of Manila
"xxx(W)here the right to reject is so reserved, the lowest bid or any bid for that matter may be rejected on a mere technicality. And where the government xxx, availing itself of that right, makes its choice in rejecting any or all bids,...
Promulgated on 2005-05-25

277. CA GR CV 66458: PUBLIO P. ALIWALAS et al. vs MATIAS GABRIEL et al.
This is an appeal from the decision1 dated December 9, 1999 of the Regional Trial Court, Branch 42 (RTC) of San Fernando, Pampanga, in Civil Case No. 10325,...
Promulgated on 2005-05-25

278. CA GR SP 89612: SPOUSES THOMAS P. RUEDA and MA. ELENA N. RUEDA vs BF HOMES, INC.
The instant Petition for Review dated 6 May 2005 suffers from following defects:...
Promulgated on 2005-05-25

279. CA GR CV 77860: Gloria V. Torres-Capistrano vs. Zenaida D. Torres, et al.
Before this Court is an appeal from the Decision dated August 7, 2002 of the Regional Trial Court, Fourth Judicial Region, Branch 57, Lucena City in Civil Case No. 95-57...
Promulgated on 2005-05-25

280. CA GR SP 79954: VICTORIO C. QUE vs HON. NATIONAL LABOR RELATIONS COMMISSION (2nd Div.), et al
This is a Petition for Certiorari filed pursuant to Rule 65 of the 1997 Rules of Court assailing the April 28, 2003 Decision (Rollo, pp. 40-49) of the National Labor Relations Commission (NLRC) which reversed and set aside the decision of the Labor Arb...
Promulgated on 2005-05-25

281. CA GR CV 79980: SPS. JOHNSON CHOA, ET AL. vs II MIDLAND PARK MANOR CONDOMINIUM, ETC.
Before Us is the Notice of Withdrawal of Appeal based on the Parties' Compromise Agreement dated 15 February 2005 filed on April 14, 2004 by defendant-appellant II Midland Park Manor Condominium....
Promulgated on 2005-05-25

282. CA GR SP 87039: JESLE MARKETING CORPORATION, et al vs MARIA DELIA B. SINDA, et al
For resolution is the Joint Motion to Dismiss filed by parties through their respective counsels alleging therein that the parties have agreed to the dismissal of the instant petition on the basis of the compromise agreement signed by the parties before...
Promulgated on 2005-05-25

283. CA GR SP 89460: ANGELES NATIVIDAD vs RENATO MAGSINO
The Court resolves to DISMISS the herein Petition for Review for failure of the petitioner to attach pertinent and relevant documents which are material portions of the records such as:...
Promulgated on 2005-05-25

284. CA GR SP 89440: JERRY TAPIA vs GMAT MULTI-PURPOSE AND TRANSPORT SERVICE COOPERATIVE, ET AL.
The Court resolves to DISMISS outright the herein Petition for Certiorari for the following reasons:...
Promulgated on 2005-05-25

285. CA GR SP 87662: RENE G. PENA, vs. HON. CESAR UNTALAN and BIENVENIDO CARCELLAR
The facts disclose that in Criminal Cases Nos. 72294-96, petitioner, Rene G. Pena, was found guilty of three (3) counts of Violation of Batas Pambansa Blg. 22, by the Metropolitan Trial Court, Branch 39, in a Decision dated December 10, 2002 (pp. 10-13...
Promulgated on 2005-05-25

286. CA GR CV 52077: DANIEL A. REJUSO vs. METRO CITY BUS CORP. (MCBC), et al.
This is an appeal from the Decision dated October 23, 1995 of the Regional Trial Court of Makati City, Branch 65, in Civil Case No. 92-2170, entitled "Daniel A. Rejuso vs. Manila City Bus Corporation (MCBC), Metro Manila Transit Corporation (MMTC), Joe...
Promulgated on 2005-05-25

287. CA GR SP 78665: PETRONIO DE ROXAS vs. Lemery, Batangas Judge Eutiquio Quitain, the People, heirs of Celso Aquino
This is a special civil action for certiorari under Rule 65 of the 1997 Rules of Civil Procedure praying for the nullification and setting aside of the Orders dated April 21, 2003 and May 14, 2003 of the Regional Trial Court, Branch 5, of Lemery, Bata...
Promulgated on 2005-05-25

288. CA GR SP 88537: Betty Chiu Suk Ying vs. RTC-Manila, Br. 14, et al.
In this Petition for Certiorari under Rule 65 of the 1997 Rules of Civil Procedure, petitioner Betty Chiu Suk Ying (SUK YING) seeks to reverse and nullify the 03 June 2004 Order of the Manila Regional Trial Court, Branch 14, in Civil Case No. 03-107130 wh...
Promulgated on 2005-05-25

289. CA GR SP 73407: BENEFECIAL SECURITY AGENCY, BENJAMIN DELA CRUZ vs. NLRC, Anaclito M. Almoroto
A petition for certiorari seeking to annul and set aside the Resolution promulgated on December 14, 2001 by the respondent National Labor Relations Commission (NLRC) in NLRC NCR CA No. 026596-00, which modified the Decision dated March 28, 2000 of Lab...
Promulgated on 2005-05-25

290. CA GR SP 64442: CONCHITA LIM-TY vs. LONG TESS REALTY INVESTMENT CORPORATION
This is a petition for review seeking to set aside the Decision of the Regional Trial Court of Paranaque City, Branch 259, dated January 4, 2001 in Civil Case No. 00-0227, which affirmed the Decision of the Metropolitan Trial Court of the same City,...
Promulgated on 2005-05-25

291. CA GR CV 55960: MOISES ADOR, et al., vs. GERONIMO ESPLANA and JOSEFA ARSINUE
Challenged in this appeal is the decision of Branch 2 of the Regional Trial Court of Legazpi City, Albay, in Civil Case No. 5366, entitled, "Moises Ador, et al. vs. Geronimo Esplana, et al.", for Quieting of Title with Damages....
Promulgated on 2005-05-25

292. CA GR CV 60048: ULTIMATE CARE JANITORIAL AND SECURITY SERVICES, vs. MARY ANN LUZ PUNO
Challenged in this appeal is the Decision of the Regional Trial Court of Makati City, Branch 132, in Civil Case No. 95-856, entitled "Ultimate Care Janitorial and Security Services, represented by Evelyn S. De Leon, President vs. Mary Ann Luz Puno, Own...
Promulgated on 2005-05-25

293. CA GR CR 28003: People of the Phils. vs. Marlon Castro y Jacinto, Eduardo Motos y Garcia, Romeo Iglesias y Ambrocio
In an Information filed with Branch 82 of the Regional Trial Court of Malolos, Bulacan, Marlon Castro y Jacinto, Eduardo Motos y Garcia and Romeo Iglesias y Ambrocio, were charged with the crime of robbery, penalized under Article 299 of the Revised Pe...
Promulgated on 2005-05-25

294. CA GR SP 85335: LUCY ONGKAUKO vs. THE HON. BRANCH SHERIFF AND LUIS ARTHUR TAN UY
Before this Court is a Petition for Certiorari under Rule 65 of the 1997 Rules of Procedure seeking the nullification of the 06 March 2004 and 19 April 2004 Orders issued by the public respondent Judge Ma. Luisa G. Quijano- Padilla in her capacity as pres...
Promulgated on 2005-05-25

295. CA GR CV 82926: SOLGUS CORPORATION, rep by ARLENE G. SANCHEZ vs. EUNICE E. ILAGAN, et al.
In the Decision dated June 25, 2004 (pp. 206-210, Records), the Regional Trial Court of Manila, Branch 42, dismissed Civil Case No. 00-98074, entitled "Solgus Corporation, represented by its General Manager, Arlene G. Sanchez, vs. Eunice E. Ilagan, Sim...
Promulgated on 2005-05-25

296. CA GR SP 45830: Eliseo Escolango vs.Hon. Benjamin Vianzon, et al.
Petition for Review from a Decision1 rendered by the Regional Trial Court of Balanga, Bataan, Branch 1 dated June 9, 1997....
Promulgated on 2005-05-25

297. CA GR SP 70905: JUANITO RAMOS vs. PURIFICACION (PURITA) LIWANAG, et al.
THE DECISION OF NOVEMBER 26, 2004 DISPOSES AS FOLLOWS:...
Promulgated on 2005-05-25

298. CA GR CV 57287: Collins Ind'l Corp. vs RIC Handicraft, Inc, et al.
This is an Appeal from the Decision, dated May 21, 1997, of the Regional Trial Court of Pasig City, Branch 157, in Civil Case No. 64977, rescinding the sale between the parties and ordering Appellants to pay Appellee actual and moral damages with costs...
Promulgated on 2005-05-25

299. CA GR CV 58765: PHILIPPINE COTTON CORPORATION vs SANTIAGO LOPEZ, SEVERO GARCILLANO, ET AL
At bar is an appeal filed by defendants-appellants from the January 10, 1997 Order of the Regional Trial Court (RTC),Branch 63, Tarlac, Tarlac, in Civil Cases Nos. 8120 and 8122, in...
Promulgated on 2005-05-25

300. CA GR SP 89721: Elisiano Soriano, et al. vs. Iglesia Ni Kristo, et al.
This is a Petition for Injunction with prayer for Temporary Restraining Order and/or Preliminary Injunction seeking to restrain the public respondent Movie and Television Review and Classification Board (MTRCB) from implementing and executing its decision...
Promulgated on 2005-05-25

301. CA GR SP 87578: OLIVIA RAMOS VS HON. JUDGE DELIA PANGANIBAN ET.AL.
Before this Court is a petition for certiorari under Rule 65 of the 1997 Rules of Civil Procedure, seeking to annul the Orders dated August 10, 2004 and September 20, 2004 of the Regional Trial Court, National Capital Judicial Region, Branch 64, Makati C...
Promulgated on 2005-05-25

302. CA GR SP 88209: Jollibee Foods Corp. vs. Hon. Fatima Gonzales-Asdala, et al.
Alleging grave abuse of discretion amounting to lack of jurisdiction, petitioner assails the Orders dated June 11, 2004 and November 4, 2004, respectively, issued by public respondent in Civil Case No. Q-04-51582....
Promulgated on 2005-05-25

303. CA GR SP 83301: VTA Development Corp. vs. Garsons Development Corp.
For resolution is the Motion to Withdraw and/or Dismiss Petition filed by petitioner with the written conformities of both Presidents of petitioner-corporation and respondent-corporation manifesting among others, that:...
Promulgated on 2005-05-25

304. CA GR CV 69619: Ronald G. Rivera, et al. vs. Chua Chiong Tay, et al.
Before Us is an appeal from the order of the dismissal of the Regional Trial Court, Branch 86, Quezon City dismissing Civil Case No. Q-00-41787 and declaring the plaintiffs-appellants non-suited....
Promulgated on 2005-05-25

305. CA GR CV 53977: Republic vs. Jose L. Baritua, et al
Before the RTC of Legazpi City (Br.1) was an action for reversion and cancellation of title involving Lot No. 1113-M-5 (or "subject property") of subdivision plan (LRC) Psd-10429, consisting of 5,853 square meters, situated at Lapu-Lapu St., Legazpi...
Promulgated on 2005-05-25

306. CA GR SP 86450: Josephine C. Lim vs. Hon. Rommel O. Baybay, et al.
This is a petition for certiorari under Rule 65 of the 1997 Rules of Civil Procedure assailing the Resolution dated May 05, 2004 issued by the Regional Trial Court Branch 132, Makati City, (RTC),...
Promulgated on 2005-05-25

307. CA GR CR 27895: PEOPLE OF THE PHILIPPINES vs NOEL CUSTODIO y ABAYNON
This is an appeal from the September 26, 2003 Decision of the Regional Trial Court, Branch XX, Manila, finding accused-appellant Noel Custodio y Abaynon guilty beyond reasonable doubt of having committed the crime of Robbery against Red Gold Forwarders, I...
Promulgated on 2005-05-25

308. CA GR CV 59804: LOLITA S. ONG vs REPUBLIC OF THE PHILIPPINES
Before this Court is an appeal from the April 22, 1998 Order of the Second Municipal Circuit Trial Court of Mexico-San Luis, Province of Pampanga, in Cadastral Case No. 97-014, ordering the Register of Deeds of the said province to issue an owner's dupli...
Promulgated on 2005-05-25

309. CA GR CV 77737: Ramcrete Dev. Corp. vs. Asian Construction and Dev. Corp.
On appeal is the decision of the Regional Trial Court, Branch 215, of Quezon City, in Civil Case No. Q-00-40816 for Sum of Money....
Promulgated on 2005-05-25

310. CA GR CV 71822: Insurance Company of North America vs. SPP Corporation
At bench is an appeal from the Decision dated November 26, 1997 of the Regional Trial Court of Makati, Branch 147, in Civil Case No. 93-3234...
Promulgated on 2005-05-25

311. CA GR CV 73343: Phil. Savings Bank vs. Sps. Eduardo and Agnes Ong, et al.
On appeal is the Order dated 22 October 2001 of the Regional Trial Court (RTC), Branch 63, Tarlac in LRC Case No. 5413 denying the Petition to Cancel the Writ of Possession and granting the Omnibus Motion to implement the said writ, to break open and allo...
Promulgated on 2005-05-25

312. CA GR SP 88419: Cosmos Bottling Corp. vs. NLRC, et al.
Under Section 4, Rule 651 of the 1997 Rules of Civil Procedure, no extension of time to file petition for certiorari shall be granted except for the most compelling reason and in no case exceeding fifteen (15) days....
Promulgated on 2005-05-25

313. CA GR SP 82567: SPOUSES JULIO CAMU AND ERLINDA CAMU vs SOLEDAD CANICULA VDA.
Before Us is a petition for review assailing the December 30, 2003 Decision...
Promulgated on 2005-05-24

314. CA GR CR 00050: PEOPLE VS GERARDO BERNARTE
Finding no new matter of substance that would warrant the modification much less the reversal of the February 22,2005 Decision of this Court, the Motion for Reconsideration filed by accused-appellant is hereby DENIED for lack of merit....
Promulgated on 2005-05-24

315. CA GR SP 85065: MA. WENELITA S. TIRAZONA vs PHILIPPINE EDS-TECHNO SERVICE, INC. (PET INC.),ET AL
This is a Petition for Certiorari under Rule 65 of the Rules of Court,filed by petitioner Ma. Wenelita S. Tirazona (Tirazona for brevity) which seeks to set aside or annul the Decision of the public respondent National Labor Relations Commission (NLRC fo...
Promulgated on 2005-05-24

316. CA GR SP 84741: OTIS E & M COMPANY PHILS., INC. vs. HON. BOANERGES CANDOLEA
Before this Court is a Petition for Certiorari seeking the reversal and nullification of the 05 January and 11 February 2004 Orders of the Honorable Boanerges C. Candolea in his capacity as Presiding Judge of the Regional Trial Court, Branch 53, Sorsogo...
Promulgated on 2005-05-24

317. CA GR SP 82763: TERESA G. FAVILA vs SOCIAL SECURITY SYSTEM & SOCIAL SECURITY COMMISSION
Under Section 8 (k) and Section 13 of Republic Act No.1161, as amended, otherwise known as the "Social Security Act of 1997", the dependent spouse until he or she remarries and dependent children, when designated by the worker in his SSS Form I-16, are th...
Promulgated on 2005-05-24

318. CA GR SP 88022: Sps. Rolando & Amor Perez vs Royce Appliance
The petition for review under Rule 42 faces outright dismissal....
Promulgated on 2005-05-24

319. CA GR CV 58042: Orlando B. Capellan, et al. vs. Mariano B. Capellan Jr.
Before us is oppositor-appellant Mariano Capellan's (oppositor-appellant) appeal from Branch 46 of the Masbate Regional Trial Court's1 (the probate court) Decision dated March 31, 19972 (31 March 1997 Decision) in Special Proceedings No. 4262 and the Ord...
Promulgated on 2005-05-24

320. CA GR CV 52339: Luz Fajardo Carreon, et al. vs Romeo B. Ordoñez
This is the appeal taken by the oppositor-appellants from the Orders dated August 17, 1995 (7 August 1995 Order) and November 14, 1995 (14 November 1995 Order) of Branch 21 of the Santiago City Regional Trial Court (the lower court) in joint Special Proce...
Promulgated on 2005-05-24

321. CA GR SP 84855: CAMARINES SUR II ELECTRIC COOPERATIVE, INC. vs. CASURECO II EMPLOYEES LABOR UNION (CASEMLU)
Before this Court is an appeal under Rule 43 of the1997 Rules of Civil Procedure assailing the 13 June 2004 Decision of Atty. Antonio Biglaen, Accredited Voluntary Arbitrator, National Conciliation and Mediation Board, Regional Branch No. V, Legazpi City...
Promulgated on 2005-05-24

322. CA GR SP 85698: LORESSA P. ROSALES vs. NLRC, et. al.
This special civil action for certiorari under Rule 65 of the 1997 Rules of Civil Procedure seeks to annul and set aside the resolution dated November 28, 2003 of respondent National Labor Relations Commission (NLRC) reconsidering...
Promulgated on 2005-05-24

323. CA GR SP 89114: ELEANOR SEBIANO vs LUZ DALILING
This pertains to the Petition for Certiorari and Prohibition with application for issuance of a Temporary Restraining Order and Writ of Preliminary Injunction filed on 30 March 2005....
Promulgated on 2005-05-24

324. CA GR CR 28242: PEOPLE vs DR. ELSA S. DIONISIO
Before us is a petition for review under Rule 42 of the Revised Rules of Court assailing the decision of the Regional Trial Court promulgated on December 17, 2003 in Criminal Case No. 121716....
Promulgated on 2005-05-24

325. CA GR SP 89333: Hermelinda Veneracion vs Hon. Placido Marquez, et al.
The instant Petition for Certiorari and Mandamus assails the Orders dated January 31, 20052 and February 24, 2005, of the Regional Trial Court of Manila, Branch 40, denying Petitioner's Motion to Quash (the Information) and/or to dismiss the criminal ca...
Promulgated on 2005-05-24

326. CA GR CV 57536: Florida Ona & Sps. Angelito Monfero & Mena Monfero vs. Sps. Roemo Laba & Zenaida Labag
On appeal before this Court is the decision of the Regional Trial Court of San Pablo City, Branch 30 dated March 14, 1997....
Promulgated on 2005-05-24

327. CA GR SP 84840: Jimmy Sia Suy Eng Q. vs. Hon. Leah S. Domingo Regala, et al.
This petition for certiorari under Rule 65 of the Rules of Court with application for Temporary Restraining Order and Preliminary Injunction seeks the nullification of the order dated November 10 2003 of public respondent in Civil Case No. Q97-30419 decla...
Promulgated on 2005-05-24

328. CA GR SP 87613: Benjamin Escranda vs NLRC, et al.
The petition for certiorari faces outright dismissal....
Promulgated on 2005-05-24

329. CA GR CV 57492: Nagkakaisang Maralita ng Parang Homeowners' Asso,, et al. vs. Marikina Settlements Office, et al.
On July 10, 1997, the Nagkakaisang Maralita ng Parang Homeowners Association, Inc. (NAGMAPA), Zenaida de la Paz, Delia Grimpula, Virginia Grueso, Cristalina Caneza, Carlito Tangil, Jr., Ernesto Asino, Gloria Palencia, Dennis Lui, Carmelita Ramirez, Edga...
Promulgated on 2005-05-24

330. CA GR CV 58109: FLORENTINA SACUPAYO, et al vs MILAGROS LIM VDA. DE SANTOS, et al
Raffled to this Ponente on May 6, 2005 under the Zero Backlog Project is an appeal from the Order dated March 10, 1997 of the court a quo dismissing plaintiffs-appellants' Complaint for Annulment of Title, Damages and Application for a Temporary Restra...
Promulgated on 2005-05-24

331. CA GR SP 82594: OLIVIA D. LEONES vs HON. EMILIA T. BONCODIN, et al
Filed as a Petition for Certiorari before this Court on February 27, 2004 and hereinafter treated as a Petition for Mandamus under Rule 65 of the Rules of Court, the instant petition seeks to compel the respondents to grant and pay petitioner Representa...
Promulgated on 2005-05-24

332. CA GR CV 58837: FRED CAPISTRANO, ET AL vs REPUBLIC OF THE PHILIPPINE
At bar is an appeal which seeks to reverse and set aside the November 28, 1997 Order1 of the Regional Trial Court (RTC) of Sta.Cruz, Laguna, Branch 27, granting the reconstitution of Transfer Certificate of Titles Nos. 6445, 6433 and 6455 of the Pagsanja...
Promulgated on 2005-05-24

333. CA GR SP 67721: Sps. Francisco and Merlita Mata vs Hon Alicia Gonzales-Decano, et al.
THIS is a petition for certiorari assailing the Order of the Regional Trial Court which denied the application for writ of preliminary injunction of petitioner spouses Francisco and Merlita Mata in their complaint for reformation of instruments, as well...
Promulgated on 2005-05-24

334. CA GR SP 82079: AMALAND, INC. vs RTC OF PASIG, BRANCH 264, et al
In this petition for certiorari under Rule 65 of the 1997 Rules of Civil Procedure, AMALAND, Inc., seeks to reverse and set aside the Order dated April 22, 2003 of the Regional Trial Court of Pasig City, Branch 264, and the Order dated November 14, 2003...
Promulgated on 2005-05-24

335. CA GR SP 59823: NESTOR C. ALBOFUERA vs HON. VICTORINO S. ALVARO,ET AL
The petitioner Nestor Albofuera (or Albofuera hereafter) by this petition for certiorari asks that the Order dated February 21, 2000 issued in Civil Case No. C-18012 by the respondent Hon. Victorino S. Alvaro (or Hon. Alvaro) of the Regional Trial Court o...
Promulgated on 2005-05-24

336. CA GR CV 80976: FEDERICO MANALO MEDINA-CUE vs MILA OLATA, et al
This is an appeal from the decision dated July 2, 2003 of the Regional Trial Court, Branch 58, Makati City in Civil Case No. 01-1721 entitled "Federico Manalo Medina-Cue vs. Mila Olata, a.k.a. Milagros O. Villegas and "John Does" for Recovery of Posses...
Promulgated on 2005-05-24

337. CA GR CR 29272: RAMON SY vs MRS. ROSA VILLAREAL
In view of petitioner's Motion to Withdraw Petition, which the Court finds to be impressed with merit, this case is hereby considered CLOSED AND TERMINATED. Accordingly, the Motion for Reconsideration of this Court's Resolution of dismissal has become...
Promulgated on 2005-05-24

338. CA GR SP 84633: Heirs of Carlito Geronimo vs. Hon. Thelma Pinero-Cruz, et al.
The Heirs of Carlito Geronimo, represented by Angelito Geronimo (hereinafter referred to as petitioners), in this petition for certiorari, seek to annul and set aside the following:...
Promulgated on 2005-05-24

339. CA GR SP 85018: MARTIAN STEEL CORPORATION, & ALBERT GO vs. NLRC & RAMON NONATO P. DAYAO, ET AL.
Before this Court is a Petition for Certiorari under Rule 65 of the 1997 Rules of Civil Procedure seeking the reversal of the 12 April 2004 and 24 May 2004 Orders of the public respondent Labor Arbiter Facundo L. Leda in NLRC NCR Case No. 00-04-02655-97...
Promulgated on 2005-05-24

340. CA GR SP 82544: Roberto P. Enriquez vs. Hon. Jose Ener S. Fernando, etc., et al.
Before this Court is a Petition for Certiorari Under Rule 65 With Prayer for a Temporary Restraining Order and Writ of Preliminary Injunction filed by the petitioner, seeking to set aside the order of the Regional Trial Court of Dinalupihan, Bataan, Branc...
Promulgated on 2005-05-24

341. CA GR SP 86998: RAMON G. GARCIA, vs Atty. RICARDO J. M. RIVERA, et.al.
This is a petition purportedly filed under Rule 65 of the 1997 Rules of Civil Procedure seeking to hold the public respondent Elvira D. C.Panganiban, Presiding Judge of the Metropolitan Trial Court, National Capital Judicial Region, Branch LVIII, San Ju...
Promulgated on 2005-05-23

342. CA GR CR 26653: PEOPLE vs JOEY M. PINEDA,
This is an appeal by accused Juliana Martinez from the decision,dated 28 August 2002, of the Regional Trial Court, National Capital Judicial Region, Branch 64, Makati City, in Criminal Case No. 00-2179, the dispositive portion of which reads:WHEREFORE, in...
Promulgated on 2005-05-23

343. CA GR CR 27884: PEOPLE VS CHUA HONG TIAN alias MICHAEL CHUA
Finding no new matter of substance that would warrant the modification much less the reversal of the March 15, 2005 Decision of this Court, the Motion for Reconsideration filed by accused-appellant is hereby DENIED for lack of merit....
Promulgated on 2005-05-23

344. CA GR SP 86049: SIMON TALLEDO, vs NLRC et.al.
In this Petition for Certiorari under Rule 65 of the Revised Rules of Court, petitioner SIMON TALLEDO seeks to reverse and set aside the Resolution dated July 31, 2003 and the Resolution dated May 27, 2004 rendered by the second division of public respond...
Promulgated on 2005-05-23

345. CA GR SP 89574: Rona S. Agustines, rep. by Vicente Santos, AIF vs. Hon. Leonardo Leonida, etc., et a.
Before Us is a Petition dated 29 October 2004 filed on 05 May 2005, for the annulment of the Order dated 26 April 1999 issued by Hon. Leonardo Leonida of the Regional Trial Court, Fourth Judicial Region, Branch 27, Santa Cruz, Laguna in LRC CAD. REC....
Promulgated on 2005-05-23

346. CA GR SP 84928: Raffy Tulfo vs. Hon. Prisicilla C. MIjares, etc., et al.
The proceedings before the court a quo in Criminal Cases Nos. 99-1463 to 1476, in respect of which the denial of petitioner's Motion for the Inhibition of public respondent is challenged in the herein petition for certiorari, have been terminated and h...
Promulgated on 2005-05-23

347. CA GR SP 61955: Zenaida F. Marin, et al. vs. Jaime Sanchez, Jr.
Petition for review under Rule 43 to annul and set aside the September 25, 2000 Consolidated Decision of the Department of Agrarian Reform Adjudication Board (DARAB) in DARAB Case No. 3799....
Promulgated on 2005-05-23

348. CA GR SP 83469: Consolacion N. Saroza vs. SSS
A retired driver of the Central Azucarera de Tarlac succumbed to a heart attack. Believing that his death was service-connected, the widow filed a claim for death benefits with the Social Security System under the employees' compensation program....
Promulgated on 2005-05-23

349. CA GR SP 85430: MARICEL S. CALUAG vs ALMARIO BEJAR
This is a petition for review seeking to reverse and set aside the decision, dated 05 January 2004, of the Regional Trial Court, National Capital Judicial Region, Branch 47, Manila, in Civil Case No. 03-107631,which on appeal, reversed the order, dated 16...
Promulgated on 2005-05-23

350. CA GR CV 57776: MARIE ROXANNE G. RECTO vs JERRY PALACIO,ET AL
This is an appeal from the decision rendered by the Regional Trial Court of Quezon City (Branch 104), the decretal text of which reads as follows:WHEREFORE, judgment is hereby rendered in favor of both plaintiffs Plinky Recto and Arnold Vegafria as agai...
Promulgated on 2005-05-23

351. CA GR SP 89523: ROGELIO ABAD vs. NLRC, ET AL.,
A Petition for Certiorari was filed on May 3, 2005 by petitioner Rogelio Abad, assailing the Resolution dated February 17, 2005 issued by the public respondent National Labor Relations Commission (NLRC), which reversed and set aside its earlier Resoluti...
Promulgated on 2005-05-23

352. CA GR SP 84205: ROBERT L. WALLACE vs LEAH R. GALLARDO et.al.
Before Us is a petition for certiorari under Rule 65 of the Rules of Court with petitioner seeking the nullification and setting aside of public respondent's twin Orders, dated 22 January 2004 and 19 March 2004, denying petitioner's Motion for Postponeme...
Promulgated on 2005-05-23

353. CA GR SP 83543: JENNIFER CHUA-CO et.al. vs NLRC et.al.
This is a petition for certiorari seeking to annul and set aside the resolution, dated 21 November 2003, of public respondent National Labor Relations Commission (NLRC) in NLRC-NCR Case No. 30-09-03824-00(CA No. 033254-02), dismissing petitioners' appeal....
Promulgated on 2005-05-23

354. CA GR CV 81142: SPS. MODESTO S. SAGUID vs MR. LORENZO MASILUNGAN,ET AL
This is an appeal from the Decision dated October 21, 2003 of the Regional Trial Court of Oriental Mindoro, Branch 41 in Civil Case No. R- 1464-99, which is an action for recovery of possession and ownership and damages filed by herein plaintiff-appella...
Promulgated on 2005-05-23

355. CA GR SP 77887: ALVIN DIZON et.al. vs KATRINA R. NUESTRO
This is a petition for review under Rule 43 of the Rules of Court seeking the reversal and setting aside of the decision, dated 18 February 2003, of the Office of the President, in O.P. Case No. 01-1-089 (I.S. Nos.00-883 to 00-891), dismissing petitioners...
Promulgated on 2005-05-23

356. CA GR CV 81375: HOUSEHOLD DEVELOPMENT CORPORATION vs REPUBLIC OF THE PHILIPPINES
This is an appeal from the ORDER of the Regional Trial Court of Bacoor Cavite, Branch 85 issued on 11 June 2001, the decretal portion of which reads: ACCORDINGLY, the petition is hereby GRANTED. The Register of Deeds for the Province of Cavite is hereby...
Promulgated on 2005-05-23

357. CA GR CR 26730: PEOPLE OF THE PHILIPPINES vs EFREN RIMANDO
This is an appeal from the Decision dated August 20, 2002 in Criminal Case No. 2470-B6 of Branch 67, Regional Trial Court (RTC), Bauang, La Union, convicting appellant Efren Rimando of the crime of homicide....
Promulgated on 2005-05-23

358. CA GR SP 80716: HERMOGENES & FELICIANA MANAHAN vs. SEVERINO MANAHAN and DEPUTY SHERIFF DONATO BUENAVENTURA,
Respondents seek reconsideration of Our Decision dated October 25, 2004 which granted the petition. We have once more reviewed the issues in this case particularly as they relate to the motion for reconsideration and the comment/opposition thereto. We fin...
Promulgated on 2005-05-23

359. CA GR SP 76366: Land Bank of the Phil. vs Josep Bailon, et al.,
Before us is a petition for review, filed by the Land Bank of the Philippines (Landbank, for brevity). Appealed is the Order, dated December 4, 2002, of the Regional Trial Court (RTC) of Legaspi City, Branch 3,acting as special agrarian court, rendered i...
Promulgated on 2005-05-23

360. CA GR CV 82743: ADELINE DINIEGA, et.al., PEDRO DUGAY, et.al,
This is an appeal from the Decision dated September 23, 2003 of the Regional Trial Court (RTC), Branch 14 of Laoag City, Ilocos Norte wherein the said court dismissed the case for annulment of a deed of sale, docketed as Civil Case No. 11893-14 filed by...
Promulgated on 2005-05-23

361. CA GR SP 89726: Victoria Josue Y Virtucio vs. Hon. Zorayda Herradura Salcedo, etc., et al.
Before this Court is a Petition for certiorari dated 13 May 2005. A cursory review of said Petition shows that it is defective in form which warrants its outright dismissal....
Promulgated on 2005-05-23

362. CA GR SP 44395: GUILLERMO Y. MASCARINAS vs. HON. JAIME DISCAYA, PERSEVERANDO D. PANGAN, et al.
This is a petition for certiorari under Rule 65 of the 1997 Rules of Civil Procedure, as amended, seeking to annul and set aside the (a) Order dated June 2, 1997 issued by Hon. Jaime D. Discaya (hereafter respondent judge); (b) Writ of Possession dated Ju...
Promulgated on 2005-05-23

363. CA GR CV 68511: JCEE Marketing Corp. vs. Bank of Commerce, et al.
On July 18, 2000, a complaint entitled Injunction with Temporary Restraining Order was filed with the Regional Trial Court of Makati City by JCEE Marketing Corporation against The Bank of Commerce, Merlvin T. Bagabaldo, in his capacity as sheriff-in-cha...
Promulgated on 2005-05-23

364. CA GR CR 00239: People vs Marlon Casca?o y Cabahug a.k.a. "Usog"
IN many cases, drug pushers sell their prohibited articles to prospective customers, be they strangers or not, in private as well as in public places....
Promulgated on 2005-05-23

365. CA GR SP 50788: Brgy. of Bombon, Tabaco Albay vs Brgy. of Panal, Tabaco Albay
CONFRONTING Us is a new-fangled question on the proper mode of elevating to the Regional Trial Court the resolution of a Sangguniang Bayan rendered in a petition for the settlement of a boundary dispute....
Promulgated on 2005-05-23

366. CA GR SP 75568: J. Cordon Commercial Corp., et al. vs. N.L.R.C. & Roberto Q. Broqueza
Before Us is petitioners’ Motion to Withdraw Petition for Certiorari dated 10 May 2005. Thus: Petitioners, by counsel, respectfully manifest that the parties have amicably settled their dispute. For this reason, petitioners are respectfully withdrawing t...
Promulgated on 2005-05-23

367. CA GR SP 80715: Manuel Mira vs NLRC, et al.
DISGRUNTLED by the Decision of the National Labor Relations Commission (NLRC) reversing that of the Labor Arbiter, as well as its Resolution denying his motion for reconsideration, petitioner Manuel Mira comes to Us via this special civil action for cert...
Promulgated on 2005-05-23

368. CA GR SP 89629: Ernesto Quiatchon, et al. vs. Sps. Lazaro & Marcelina Dimaandal
Before Us is a Petition for Review dated 25 April 2005 filed under Rule 43 of the 1997 Rules of Civil Procedure....
Promulgated on 2005-05-23

369. CA GR CR 00627: PEOPLE vs MARCIAL ESTEBAN y AGAS andRANDY BRUNO y ESTEBAN
THIS is an appeal from a Decision1 of the Regional Trial Court in Quezon City convicting accused-appellants Marcial Eteban y Agas and Randy Bruno y Esteban of the crime of murder and sentencing them to suffer the penalty of reclusion perpetua and to pa...
Promulgated on 2005-05-23

370. CA GR SP 57673: CHRISTOPHER C. PIBLE vs HON. JOSE R. HERNANDEZ,ET AL
In this petition for certiorari, Christopher C. Pible (or Pible hereafter)seeks to nullify and set aside the Orders dated February 2, 2000, February 11, 2000 and February 23, 2000 issued by the respondent Hon. Jose R. Hernandez (or Judge Hernandez), Pres...
Promulgated on 2005-05-23

371. CA GR SP 70613: DAEWOO CONSTRUCTION PHILS. INC., et. al. vs. NATIONAL LABOR RELATIONS COMMISSION, et. al.
Before this Court are two Petitions for Certiorari separately filed by AMA Land, Incorporated and DAEWOO Construction Philippines, Incorporated in accordance with Rule 65 of the 1997 Rules of Civil Procedure, seeking to annul and set aside, on ground o...
Promulgated on 2005-05-23

372. CA GR SP 82328: MOVERS-BASECO INTEGRATED PORT SERVICES, INC. vs. CYBORG LEASING CORP & CONPAC. WAREHOUSING, INC.
Respondent Conpac Warehousing, Inc. (hereafter CONPAC) seeks reconsideration of Our Decision dated January 25, 2005 which affirmed the RTC decision with modification that petitioner Movers-Baseco Integrated Port Services, Inc. is not liable to indemnif...
Promulgated on 2005-05-23

373. CA GR SP 87476: GEN. RODOLFO R. TOLENTINO/TERESITA DELA CRUZ vs. NLRC MARILYN JOSE BAGACAY,
Acting with liberality and in the greater interest of justice, the motion for reconsideration is hereby GRANTED.WHEREFORE, the Resolution dated December 13, 2004 is SET ASIDE and VACATED and the petition is REINSTATED. WHEREFORE, the Resolution dated D...
Promulgated on 2005-05-23

374. CA GR CV 79948: ILUMINADA A. BESANA vs ASE HOLDINGS ELECTRONICS (PHILS.), INC.
This Court issued a minute resolution on 8 November 2004, the text of which reads as follows: Counsel for plaintiff-appellant is DIRECTED to show cause within ten (10) days from notice, why the defendant-appellee - ASE Holdings Electronics, Inc.'s Motion...
Promulgated on 2005-05-23

375. CA GR SP 89521: SUSAN C. ALBAN-TUBORAN vs. HON. CECILIA R. BORJA-SOLER, ET AL.,
Before acting on this Petition for Certiorari and Prohibition, petitioner Susan C. Alban-Tuboran is required to submit certified true copies of the assailed orders, and her counsel to inform this Court of the date and place of issue of his IBP number for...
Promulgated on 2005-05-23

376. CA GR CV 77661: REPUBLIC OF THE PHILIPPINES vs HEIRS OF VICTOR ABEG,ET AL
It is well-settled that after the decision has become final and executory, it can no longer be amended or corrected by the court except for clerical errors or mistakes....
Promulgated on 2005-05-23

377. CA GR SP 88340: ARMENIA F. SURAVILLA vs. BLR DIRECTOR HANS LEO J. CACDAC & EQUITABLE PCI BANK EMPLOYEES UNION, ET A
On March 18, 2005, petitioner filed a Motion for Reconsideration of Our Resolution dated February 21, 2005 denying due course and dismissing the petition. On April 14, 2005, a resolution was issued by the Court denying the motion for reconsideration....
Promulgated on 2005-05-23

378. CA GR SP 87723: DOLE PHILIPPINES, INC. vs HON. REINATO G. QUILALA
In this Petition for Certiorari under Rule 65 of the 1997 Rules of Civil Procedure, petitioner seeks the setting aside of the 06 February 2004 and 16 September 2004 Orders of the respondent Regional Trial Court- Makati City, Branch 150 (RTC, for brevity)...
Promulgated on 2005-05-20

379. CA GR SP 86766: SPS. LOPE & LIGAYA DELOS REYES vs LORNA NAVARRO-DOMINGO, et al.
This is a Petition for Review under Rule 42 of the 1997 Rules of Civil Procedure which seeks the nullification of the August 24, 2004 Decision of herein public respondent. The facts of the case are as follows: On February 21,1996, herein petitioners obtai...
Promulgated on 2005-05-20

380. CA GR SP 81247: HERMINIO DE LA PE?A, vs JEREMIAS V. ESTEVES, et al
Assailed in this Petition for Certiorari are the (a) July 11, 2003 Resolution (Rollo, pp. 23-28) issued by graft investigator Fatima A. Alconcel-Relente of the Office of the Deputy Ombudsman for Luzon, dismissing petitioner's complaint for lack of prob...
Promulgated on 2005-05-20

381. CA GR SP 86451: DOMINGO FERNANDEZ vs SPS. LUZ BAELLO & ARCADIO MAGAT, et al.
Before us is a petition for review on certiorari of the decision dated February 20, 2004 of the Regional Trial Court of Caloocan City, Branch 121, in Civil Case No. C-20699, dismissing the appeal of the petitioner of the decision dated October 10, 2003 of...
Promulgated on 2005-05-20

382. CA GR SP 86127: SPS. HARRY C. & MYRA TAN vs NLRC HON. LABOR ARBITER JOVENCIO LI. MAYOR, JR.
In this Petition for Certiorari with prayer for preliminary injunction under Rule 65 of the 1997 Rules of Civil Procedure, petitioners seek the nullification of the June 22, 2004 Entry of Judgment and the August 13, 2004 Writ of Execution respectively iss...
Promulgated on 2005-05-20

383. CA GR CR 27604: People vs. Arnold Dichoso
Treated in this appeal is the Decision convicting appellant Arnold Dichoso of carnapping defined and penalized under Republic Act (R.A.) No. 6539....
Promulgated on 2005-05-20

384. CA GR SP 85074: JESUS M. CANDAVA vs NLRC and CONCORDIO DIZON,
This is Petition for Certiorari under Rule 65 of the Rules of Court that seeks the nullification of the February 23, 2004 Decision and April 30, 2004 Resolution of herein public respondent which respectively denied its appeal and motion for reconsideratio...
Promulgated on 2005-05-20

385. CA GR SP 82769: SPS. EDGAR & KRISLEY JULIANE vs HON. PRESIDING JUDGE EVELYN CORPUS-CABO-CHAN
This is a petition for review on certiorari seeking to annul and set aside the Decision of the Regional Trial Court of Quezon City, Branch 98 in Civil Case No. Q-03-50611, dated February 14, 2004, affirming the Decision of July 14, 2003 of the Quezon City...
Promulgated on 2005-05-20

386. CA GR SP 81630: JOSE C. MIRANDA vs FE A. DOMINGO
This is a petition seeking review of the Resolution No. 030953 dated September 9, 2003, and the Resolution No. 031267 dated December 15, 2003, of the Civil Service Commission which reversed the dismissal of respondent Fe A. Domingo from the Office of ...
Promulgated on 2005-05-20

387. CA GR CV 66210: VIRGINIA TORRES MARAVILLA,SPS. ERLINDA RAMOS-BENITEZ and and HIGINIO BENITEZ
This is an appeal from the Decision (Records, Vol. 2, pp. 83- 95) of the Regional Trial Court of Balanga, Bataan, Branch 1, in Civil Case No. 6213 dated October 19,1999 which declared the nullity of the deed of sale in favor of defendant-appellant Erli...
Promulgated on 2005-05-20

388. CA GR SP 75944: ROBERTO P. NAZARENO, et al. vs ATTY. VICTORIA V. LOANZON
We have carefully reviewed and appreciated petitioner's arguments in seeking a reconsideration of Our October 28, 2004 Decision but sadly, We find no compelling or justifiable reason to grant the same. The motion has not traversed any new matter which We...
Promulgated on 2005-05-20

389. CA GR CV 54965: Norma Z. Reyes vs. Development Bank of the Philippines
Plaintiff-appellant Norma Z. Reyes seeks to reverse and set aside the decision of the Regional Trial Court of Manila, Branch I, dated May 28, 1996 which dismissed her complaint for damages with prayer for preliminary injunction and/or temporary restraini...
Promulgated on 2005-05-20

390. CA GR SP 89544: Antonio M. Manatad, et al. vs .N.L.R.C., M.Y. San Biscuits, etc., et al.
The instant Petition For Certiorari filed by the petitioners, through their counsel, is ordered DISMISSED outright for being filed out of time....
Promulgated on 2005-05-20

391. CA GR CV 72125: Guillermo Habal vs. Paulo Gonzalez, Dometelo & Felixberto Mercado
"Possession as a fact cannot be recognized at the same time in two different personalities except in the cases of co-possession. Should a question arise regarding the fact of possession, the present possessor shall be preferred;...
Promulgated on 2005-05-20

392. CA GR CV 77778: Restituto and Magdaleno Sarmiento vs. Republic of the Phils.
Republic, through the Office of the Solicitor General, appeals from the Decision dated 27 May 2002 of the Metropolitan Trial Court, Br.74, Taguig, Metro Manila w/c granted the applicant-appellee's application for land registration....
Promulgated on 2005-05-20

393. CA GR SP 75748: ARIEL PEREZ Y ARRIOLA, VS. DEPARTMENT OF JUSTICE,, ET AL
At Bench is a Petition for Certiorari under Rule 65 seeking to annul the Resolution1 issued by the Department of Justice (DOJ) dated December 17, 2002, which affirmed the Resolution of the Office of the Pasay City Prosecutor dismissing the criminal compl...
Promulgated on 2005-05-20

394. CA GR CV 83644: Sylvia T. Manalo, et al. vs. Don Eduardo & Do?a Luisa Tankiang Corp., et al.
In view of the failure of the defendants-appellants to file their brief within the extended period granted by this Court in its Resolution dated February 9, 2005, the instant appeal is hereby DISMISSED pursuant to Section 1 (e), Rule 50 of the 1997 Rule...
Promulgated on 2005-05-20

395. CA GR CV 72329: Adelina Gawidan, Julie Tamayo, et al. vs. Sps. Rafael and Francisca Arnold
"Good faith, while it is always to be presumed in the absence of proof to the contrary, requires a well-founded belief that the person from whom title was received was himself the owner of the land, with the right to convey it."...
Promulgated on 2005-05-20

396. CA GR CV 71908: GUILLERMO PASCUAL vs IMPERIAL INSURANCE, INC., et.al. R.A. RODRIGUEZ BUS LINE
This is an appeal under Rule 41 of the 1997 Rules of Civil Procedure from the decision1 of the Regional Trial Court, Branch 273 of Marikina City in Civil Case No 96-237-MK for damages....
Promulgated on 2005-05-20

397. CA GR CV 79999: Donato T. Faylona et.al. vs Rep. of the Phil.
On appeal is the Order, dated March 11, 2002, of the Regional Trial Court (RTC) of Naic, Cavite, Branch 15,rendered in LRC Case No. NC-99-966.The appealed order denied the petitionersappellants' motion for amendment of the decision, dated March 6, 2001,...
Promulgated on 2005-05-20

398. CA GR SP 89028: ALLIANCE MEDIA PRINTING, INC. vs HON. SECRETARY OF THE D.O.L.E., et al.
In the interest of substantial justice and petitioner having complied with the requirement of Sec. 1, Rule 65 in relation to Sec. 3, Rule 46 of the 1997 Rules of Civil Procedure, the Motion for Reconsideration filed by petitioner is hereby GRANTED....
Promulgated on 2005-05-20

399. CA GR CV 80982: ASSISTCO ENERGY & INDUSTRIAL CORP. vs MARKBILT CONSTRUCTION & BILLY ACERON
We have appreciated appellant's arguments in seeking a reconsideration of Our March 17, 2005 Decision-affirming in toto the trial court's decision but sadly, We find no compelling or justifiable reason to grant the same....
Promulgated on 2005-05-20

400. CA GR SP 76694: RAMON A. PELAYO, JR. vs MARIE VILMA ITAO
Before Us for resolution is a motion for reconsideration filed by herein petitioner, seeking reconsideration of Our January 31, 2005 Decision which denied due course to the petition. After a careful review of the instant motion, We find that it has not a...
Promulgated on 2005-05-20

401. CA GR SP 79724: Federico Ledesma, Jr. vs NLRC, et al.
COURTS have inclined, more often than not, in favor of workers in line with the policy of social justice and the protection of the working class. However, it should not be supposed that every labor dispute shall be automatically decided in favor of labor...
Promulgated on 2005-05-20

402. CA GR SP 81399: PEDRO B. COTOCO vs NLRC, ETC., ET AL.
We have carefully reviewed Our decision dated February 15, 2005 and the reasons therefor and We are more convinced of its correctness. The issues raised by respondents in their motion for reconsideration were already properly addressed and considered by...
Promulgated on 2005-05-20

403. CA GR SP 86349: RAFAEL CALUAG vs MAMERTA HERNANDEZ
We have appreciated petitioner's arguments in seeking a reconsideration of Our March 17, 2005 Decision- affirming in toto the decision of the Department of Agrarian Reform Adjudication Board- Central Office, Elliptical Road, Diliman, Quezon City...
Promulgated on 2005-05-20

404. CA GR CV 73027: Felipa and Romulo Dumaraos, et al. vs. Salvador and Mercedes Esquillo, et al.
On appeal by defendants-appellants Salvador, Mercedes, Pedro, Danilo, Emilio, Alejandra, Aleja, and Braullo, all surnamed Esquillo is the Oct 26, 2001 Decision of the RTC of Sta. Cruz, Laguna, Branch 26, in Civil Case Sc-3566,...
Promulgated on 2005-05-20

405. CA GR SP 89594: Camarines Sur III Electric Cooperative, Inc., et al. vs. N.L.R.C., Josue C. Herras, et al.
The instant Petition For Certiorari Under Rule 65 With Temporary Restraining Order and Writ of Preliminary Injunction is DISMISSED outright....
Promulgated on 2005-05-20

406. CA GR CV 79562: Elaine B. Mañgawang vs. Charito and Benjamin Lacuata
On appeal by plaintiff Elaine B. Mañgawang are the Mar 7 '03 Decision and the May 29 '03 Order of the Mandaluyong City RTC, Br.214 of in an action for SPECIFIC PERFORMANCE WITH DAMAGES WITH PRAYER FOR THE ISSUANCE OF A WRIT OF MANDATORY INJUNCTION,...
Promulgated on 2005-05-20

407. CA GR SP 86756: Maria Rhovie Asi vs. Hon. Merceditas Gutierrez, et al.
Challenged in this petition for certiorari are the two (2) Resolutions of public respondent, then acting Secretary of the Department of Justice (DOJ) Merceditas N. Gutierrez, reversing the prosecutor's finding of probable cause in the two (2) criminal c...
Promulgated on 2005-05-20

408. CA GR CV 82280: Arsenia Andaya vs. Reynante Agustin, et al.
In a Resolution dated 28 February 20051, this Court required counsel for defendants-appellants to show cause within ten (10) days from notice thereof why the appeal should not be dismissed for their failure to comply with the previous Resolution of this...
Promulgated on 2005-05-20

409. CA GR SP 70662: Romy Ybanez vs. NLRC, et al.
The petitioner Romy Ybanez was the owner and manager of a disco pub and beerhouse in Baguio City known as the JRM IV Parking Lot, hiring female dancers euphemistically called guest relations officers (GRO) to provide entertainment to customers and guests...
Promulgated on 2005-05-20

410. CA GR SP 85429: Samahan ng Manggagawa sa Masuda UFW, et al. vs. Nasuda Aggregates, Inc., NLRC, et al.
Assailed in this Petition for Certiorari are the Decision dated February 27, 2004 and Resolution dated April 30, 2004 of the National Labor Relations Commission (NLRC) respectively dismissing the case for lack of merit and prescription and denying petitio...
Promulgated on 2005-05-20

411. CA GR CV 61046: Fairland Knitcraft Co. Inc. vs Julia M. Micosa
When the existence of the debt is fully established by the evidence contained in the record, the burden of proving that it has been extinguished by payment devolves upon the debtor who offers such a defense to the claim of the creditor....
Promulgated on 2005-05-20

412. CA GR SP 88355: Erlinda Lampera, et al. vs. Hon. Judge Irin Zenaida S. Buan, et al.
Before Us is a petition for certiorari under Rule 65 of the Revised Rules of Court seeking to set aside or nullify the Order dated 27 January 20051 of the Hon. Irin Zenaida S. Buan, Presiding Judge of the Regional Trial Court, Branch 56 of Angeles City, P...
Promulgated on 2005-05-20

413. CA GR SP 85339: Triple 888 Sec. Serv. vs Danilo Pelarca, et al.
This is a Petition for Certiorari filed under Rule 65 of the 1997 Rules on Civil Procedure, which seeks to set aside the Order, dated March 26, 2004, and the Resolution, dated June 16, 2004,3 of the Public Respondent National Labor Relations Commission,...
Promulgated on 2005-05-20

414. CA GR CV 79307: ANTONIO TACO vs NISSAN GALLERY-ORTIGAS,& MGM MOTOR TRADING CORP.,
What is the prescriptive period of an action for rescission, as a remedy for breach of warranty against hidden defects? This is the issue in this appeal from the decision of the Regional Trial Court, Branch 80, Quezon City, the dispositive portion of w...
Promulgated on 2005-05-20

415. CA GR CR 00664: PEOPLE OF THE PHILIPPINES vs. CHRISTOPHER NARCISO y NARCISO @ "Toping"
This appeal was originally filed with the Supreme Court and transferred to us on February 11, 2005 pursuant to the ruling in People vs. Mateo (G.R. Nos. 147678-87, July 7, 2004)....
Promulgated on 2005-05-20

416. CA GR SP 77271: Diversion Ind., Inc. vs DOLE-Office of the Sec.,et al.
IN view of the report of the Judicial Records Division dated January 26, 2005 that petitioner failed to comply with the order of the Court to serve a complete copy of the petition upon the Office of the Solicitor General and to submit to this Court, proof...
Promulgated on 2005-05-20

417. CA GR SP 83514: FELICIDAD SORIANO vs EDWIN A. NARRIDO & NATIONAL HOUSING AUTHORITY
The Manifestation/Motion filed by counsel for appellant with attached letter-request of appellant expressing the latter's desire to withdraw her appeal is GRANTED....
Promulgated on 2005-05-20

418. CA GR CV UDK 0503-E: LAND BANK OF THE PHILS. vs. SPS. EMMANUEL & EVELYN YUMUL
IN view of the report of the Judicial Records Division, dated February 4, 2005, that defendants-appellants failed to comply with the order of the court to show proof of payment of docket fees...
Promulgated on 2005-05-20

419. CA GR SP 89671: People vs. Hon. Jose G. Paneda, et al.
Filed before this Court on May 11, 2005 is a Motion for New Period of Time dated May 10, 2005 by the Office of the Solicitor General (OSG) stating that on October 4, 2004, public respondent pairing Judge dismissed the case against herein private responde...
Promulgated on 2005-05-20

420. CA GR CR 27555: PEOPLE OF THE PHILIPPINES vs DOMINO ULEP
This is an appeal from the February 27, 2003 Decision of the Regional Trial Court of Pasig, Branch 68 in Criminal Case No. 117546, the dispositive portion of which reads: WHEREFORE, in view of the foregoing, the Court finds accused DOMINO ULEP and ALLAN R...
Promulgated on 2005-05-20

421. CA GR CR 00535: PEOPLE vs GERMAN JAVIER andJULIAN TERCERO
For review under A.M. No. 00-5-03-SC dated October 15, 2004 are the December 22, 1989 and March 15, 2002 Decisions of the Regional Trial Court of Calamba, Laguna in Criminal Case No. 1490- 86-C convicting herein appellants of multiple murder....
Promulgated on 2005-05-20

422. CA GR SP 89603: NYK-FIL Ship Management, Inc., et al. vs. Hon. Labor Arbiter Arthur Aman, et al.
This is a petition for certiorari under Rule 65 of the Revised Rules of Court which seeks to assail the Resolution dated February 17, 2005 which denied petitioners? motion for reconsideration and the Decision dated December 29, 2004 issued in NLRC NCR IC...
Promulgated on 2005-05-20

423. CA GR CV 83730: Carlina C. Quipo, et al. vs. Emilio C. Quipo
Finding the Motion to Withdraw Appeal filed by plaintiffs-appellants to be in order pursuant to Sec. 3, Rule 50 of the Rules of Court, the same is hereby GRANTED. The instant appeal is considered WITHDRAWN and accordingly DISMISSED....
Promulgated on 2005-05-20

424. CA GR CV 62738: Lolita Y. Nocom vs. Republic of the Phils.
On April 15, 1998, a petition was filed by Lolita Y. Nocom before the Regional Trial Court, Baguio City which prays, among others, for the issuance to the petitioner of a replacement of the owner's duplicate of Transfer Certificate of Title No. T-62115....
Promulgated on 2005-05-20

425. CA GR SP 79187: KAESER KOMPRESSOREN PHILS., INC. vs. NLRC, et al.
The petitioner seeks reconsideration of the decision promulgated March 15, 2005 by insisting that the Rules of Court provisions on the proper service of summons should be followed in view of the absence of any provision from the NLRC Rules regarding se...
Promulgated on 2005-05-20

426. CA GR SP 59089: JULITA ALMAZAN, ET AL vs HON. HILARIO CORCUERA, ET AL
The petitioners Julita Almazan, Ernani Salandanan, Jessie Copino and Elisa Capili by this petition for review seek the reversal of the decision of the respondent Hon. Hilario Corcuera, Presiding...
Promulgated on 2005-05-20

427. CA GR CR 00689: THE PEOPLE OF THE PHILIPPINES vs. JUANITO BELORENO Y MEDINA
The defense of denial cannot prevail over the positive identification of eyewitnesses that the accused is the perpetrator of the crime....
Promulgated on 2005-05-20

428. CA GR SP 87828: BEAUTY LOOM MANUFACTURING, INC., vs NLRC et.al.
This is a petition for certiorari under Rule 65 seeking to annul and set aside the Resolution dated August 31, 2004 modifying the Decision dated July 15, 2003 of the Labor Arbiter which declared the petitioner liable for illegally terminating private resp...
Promulgated on 2005-05-20

429. CA GR SP 87308: Lepanto Consolidated Mining Co. vs. NCMB, Roberto Joven, et al.
The petition, erroneously entitled "Petition for Review on Certiorari", is one for certiorari under Rule 65 of the Rules of Court, assailing, for alleged grave abuse of discretion, the Decision dated May 26, 2004 of the Voluntary Arbitrator in favor of...
Promulgated on 2005-05-20

430. CA GR CR 25758: People vs. Allan Gloria y De Guzman and Allester Apolo y Jimenez
For allegedly whacking Christian Mauricio (or “victim”) with a chopping board and dealing him fist blows, Allester Apolo (or "appellant") and Allan Gloria were charged before the RTC of Pasig City (Br.70) with the crime of frustrated homicide...
Promulgated on 2005-05-20

431. CA GR SP 89707: ISABELO B. ALGIRE vs DIR. REYNALDO H. JAYLO,MPA,ET AL
On May 13, 2005 Isabelo B. Algire filed with this Court a petition for habeas corpus over his son Bryan C. Algire who is restrained by the respondents Reynaldo H. Jaylo and Charles T. Bandolon of the Presidential Anti-Illegal Recruitment Task Force. It i...
Promulgated on 2005-05-20

432. CA GR CV 81673: Sps. Antonio and Elisa Koh vs. Register of Deeds of Pampanga, et al.
Before this Court is an appeal of Benelda Estate Development Corporation seeking to set aside the decision dated October 8, 2003 of RTC, 3rd Judicial Region, Branch 44, City of San Fernando, Pampanga...
Promulgated on 2005-05-20

433. CA GR CV 58907: Roy C. David vs. Mayor Teddy C. Macapagal, et al.
Contested before the Regional Trial Court of Olongapo City (Branch 75), in an action for injunction, was that parcel of land with an area of 200 square meters (or "disputed lot") situated at No. 1 Barretto Street, East Bajac-Bajac, Olongapo City....
Promulgated on 2005-05-20

434. CA GR CV 54125: Edgardo Garcia vs GSIS, et al.
This is an Appeal from the Decision, dated May 24, 1996, of the Regional Trial Court of Pasig City, Branch 167, in Civil Case No. 63671, which granted Appellee's Complaint for Specific Performance and Replevin with Damages....
Promulgated on 2005-05-20

435. CA GR SP 89527: Sanny Leo P. Gacula, et al. vs. NLRC, et al.
Before this Court is a petition for certiorari filed by the petitioners Sanny Leo P. Gacula and Ronnie F. Francia on 3 May 2005....
Promulgated on 2005-05-20

436. CA GR CV 43573: Arnoldo Ginete, et al. vs. Josefina Ribaya Ginete, et al.
On appeal is the Decision rendered by the Regional Trial Court, Irosin, Sorsogon, Branch 55, dated June 29, 1992, in Civil Case No. 1182...
Promulgated on 2005-05-19

437. CA GR SP 84680: JOSE F. MAÑACOP and JANE A. MAÑACOP vs HON. THELMA A. PONFERRADA and MANILA ELECTRIC COMPANY
The issuance of the writ of preliminary injunction rests upon the sound discretion of the trial court. The trial courts are given generous latitude in this regard for the reason that conflicting claims in an application for a provisional writ more often t...
Promulgated on 2005-05-19

438. CA GR SP 89601: Victor Belman C. Lago vs. Hon.. Manuel M. Butardo
The instant Petition For Review filed by the petitioner, through his counsel, is ordered DISMISSED outright....
Promulgated on 2005-05-19

439. CA GR SP 73120: TCL-NAIGAI Phils., Inc. vs NLRC, et al.
PETITIONER has filed on April 13, 2005 a Manifestation stating that the parties have reached a settlement on May 6, 2003 for P150,000.00. Copy of the Receipt with Release, Waiver and Quitclaim is attached to the Manifestation....
Promulgated on 2005-05-19

440. CA GR SP 85140: INDOCHINA SHIP MANAGEMENT, INC. vs. NLRC & MICHOL E. LARIZA
After a thorough study of the Motion for Reconsideration filed by petitioner in the above entitled case, the Court finds no sufficient reason to deviate from its findings and conclusions reached in its Decision dated January 25, 2005....
Promulgated on 2005-05-19

441. CA GR SP 89504: Samahang Kapatiran MC-GUI-CEM Association, Inc., etc. vs. Hon. Celso D. Lavina, etc., et al.
The instant Petition for Certiorari and Prohibition With Prayer for the Issuance of a Temporary Restraining Order and Writ of Preliminary Injunction is DISMISSED outright....
Promulgated on 2005-05-19

442. CA GR CV 77758: RURAL BANK OF CALOOCAN, INC. VS. FEDEC CONSTRUCTION AND DEVELOPMENT CORP., ET AL.
We have carefully perused the Motion for Reconsideration filed by appellant Intra Strata Assurance Co. through counsel of Our Decision dated December 21, 2004 and find no cogent or compelling reason to reconsider the same....
Promulgated on 2005-05-19

443. CA GR CV 74631: Josephine R. Ferrer vs. Teddy N. Balmeo
Before this Court is an appeal filed by appellant Republic of the Philippines, through the Office of the Solicitor General (OSG for brevity), assailing the Decision1 dated 10 December 2001 of the Regional Trial Court, National Capital Judicial Regio...
Promulgated on 2005-05-19

444. CA GR SP 85231: EDDIE CHINCILLA, et al. vs DRA. CORAZON J. VIRATA
The Compliance filed by the postmaster of Antipolo on May 9, 2005 is duly NOTED and considered sufficient compliance with this Court's directive dated April 25, 2005. Considering that no petition was filed within the extended period granted per Our July 2...
Promulgated on 2005-05-19

445. CA GR CV 55035: SPOUSES PEDRO SANGUYO, et al vs. THE PROV. SHERIFF OF BULACAN and GUAGUA RURAL BANK. et al.
Sought to be reviewed and reversed is the Decision of the Regional Trial Court of Malolos, Bulacan, dated August 12, 1996, in Civil Case No. 03-M-91, entitled,"Spouses Pedro Sanguyo and Estela Alvaro vs. The Provincial Sheriff of Bulacan and Guagua Rur...
Promulgated on 2005-05-19

446. CA GR CV 76013: SAMUEL KING A. SAGARAL II VS IGNACIO C. TORRES ET.AL.
Before this Court is an appeal from the decision dated 12 October 2000 of the Regional Trial Court, National Capital Judicial Region,Branch 75, Valenzuela City in Civil Case No. 3812-V-92 entitled,SAMUEL KING A. SAGARAL II, Plaintiff, versus IGNACIO C.TOR...
Promulgated on 2005-05-19

447. CA GR CR 00589: People vs Jose Mediado
When an act is attended by treachery on the part of the offender, it could not be said that there was unlawful aggression on the part of the offended party, because the facts constituting the treachery would be inconsistent not only with the offended par...
Promulgated on 2005-05-19

448. CA GR SP 89292: SPOUSES RENATO MATIAS AND CELIA MATIAS vs FERDINAND REYES et.al.
Before this Court is a Petition for Review pursuant to Rule 43 of the 1997 Revised Rules of Civil Procedure seeking to reverse and set aside the Resolution dated February 24, 2005 of the Department of Agrarian Reform Adjudication Board in DARAB Case NO. 7...
Promulgated on 2005-05-19

449. CA GR CV 57234: SPOUSES BENIGNO AND NARCISA OBELLO, vs SPOUSES AMBROSIO DE VERA AND LEONIDA ZACARIAS, ET AL.,
This case was re-raffled off to the undersigned ponente on May 6, 2005 pursuant to Zero Backlog Project of this Court.This is an appeal from the Decision dated May 6, 1997 of the Regional Trial Court of Urdaneta, Pangasinan, Branch 48 in Civil Case No. U...
Promulgated on 2005-05-19

450. CA GR CR 28439: People vs Russel Roldan y Ortega
On appeal is the Decision of the Regional Trial Court of Mandaluyong City, Branch 208, dated March 4, 2004 in Criminal Case No. MC99-2171 finding accused-appellant guilty beyond reasonable doubt of the crime of Estafa, sentencing him to suffer an indeterm...
Promulgated on 2005-05-19

451. CA GR CV 46981: SPS. DOMINGO AND ROSITA TONOG, ET AL vs. HOLLAND MILK PRODUCTS, INC. ET AL
Challenged in the instant appeal is the Decision of the Regional Trial Court of Makati, Branch 135, in Civil Case No. 8262, entitled,Spouses Domingo and Rosita Tonog versus Holland Milk Products,Inc., and Alaska Trading Co., Inc.", for damages...
Promulgated on 2005-05-19

452. CA GR SP 81722: Lolita Vda de Reyes, et al. vs DAR Adj. Board, et al.
This is an appeal from the Decision, dated 7 February 2001, and Resolution, dated 17 November 2003, both of the Department of Agrarian Reform Adjudication Board (DARAB). The DARAB Decision reversed and set aside the Decision, dated 31 August 1999, of Pr...
Promulgated on 2005-05-19

453. CA GR SP 87437: Jeremy Clarence Ong vs Leida Isla-Ong
During the December 15, 2004 hearing of this case, the parties manifested that they have amicably settled their differences and that they would submit to this Court a Compromise Agreement not later than December 29, 2004....
Promulgated on 2005-05-19

454. CA GR SP 51639: Samuel T. Capiral vs. Interorient Maritime Enterprises, Inc., et al.
This is a petition seeking to annul the decision of the public respondent NLRC which reversed the labor arbiter's finding that the petitioner was illegally dismissed and is therefore entitled to receive payment for the unserved portion of his employment c...
Promulgated on 2005-05-19

455. CA GR CV 55374: Dr. Manuel S. Realuyo vs. Mary Jane Palaje, et al.
This is an appeal from the decision of the Regional Trial Court, Branch 13 in Ligao, Albay rendering judgment in favor of the plaintiff Dr. Manuel S. Realuyo and holding the defendants Mary Jane Palaje and Maurelio C. Gundran jointly and severally liable...
Promulgated on 2005-05-19

456. CA GR CR 27743: PEOPLE OF THE PHILIPPINES vs. RIZALDO CONDE Y RAMOS & CRESENCIO RIVERA Y CASTRO
This Court after going over accused-appellants' Motion for Reconsideration and the Comment of the Office of the Solicitor General thereto, finds that there are no new matters or arguments set forth in this instant motion which have not been passed upon an...
Promulgated on 2005-05-19

457. CA GR CR 00528: THE PEOPLE OF THE PHILIPPINES vs DOMINGO JUANICO y TUCMO
This refers to the Manifestation (Withdrawal of Appeal) filed on 05 May 2005 by Atty. Teresita Ivanessa C. Cadag of the Public Attorney's Office, counsel for the accused-appellant Domingo Tucmo Juanico. The accused-appellant through counsel emphasizes tha...
Promulgated on 2005-05-19

458. CA GR CV 66757: Sps. Benigno and Jaunita Mastrili vs. Republic of the Phils.
Before the TMetropolitan Trial Court (or "MTC") of Taguig, Metro Manila (Branch 74) was an application for registration of two parcels of land under the provisions of either Act No. 496, as amended, Sec. 48(b) of Com. Act No. 141, as amended, or Pres. De...
Promulgated on 2005-05-19

459. CA GR SP 86635: L&M MAXCO CO. INC. VS CONSTRUCTION INDUSTRY ARBITRATION COMMISSION AND ASIA-CON BUILDERS INC.,
Before this Court is a petition for certiorari and prohibition under Rule 65 of the 1997 Rules of Civil Procedure, with prayer for temporary restraining order and injunction,assailing the Orders dated August 10, 2004 and September 10, 2004 of the Constru...
Promulgated on 2005-05-19

460. CA GR CV 72274: AGUSTIN V. VERGEL DE DIOS vs MARCELITA R. AYUYAO
Before Us on appeal is the decision of the Regional Trial Court, Branch 214 of Mandaluyong City in Civil Case No. MC-98-320 declaring...
Promulgated on 2005-05-19

461. CA GR CV 71262: JOSELITO R. PIMENTEL and TERESITA R. PIMENTEL vs PHILIPPINE RABBIT BUS LINES et al.
On appeal to Us is the decision of the Regional Trial Court, Branch 216 of Quezon City in Civil Case No. Q-94-19787 for damages, the dispositive portion of which is as follows:...
Promulgated on 2005-05-19

462. CA GR CV 67604: JAIME LETUN vs SUPER APPLIANCES MOTORCYCLE CORP.,
This is an appeal from the decision1 of the Regional Trial Court of San Pedro, Laguna, Branch 93 dated September 27, 1999 in Civil Case No. SPL-0224,...
Promulgated on 2005-05-19

463. CA GR CV 80341: Isla Contstruction And Marketing Corp. vs Metal Forming Corporation and Dane Pub. House Inc.
This is an appeal from the Decision dated June 30, 2003 of the Regional Trial Court of Quezon City, Branch 220 in Civil Case No. Q-96-26565 for Sum of Money, the dispositive portion of which provides as follows:WHEREFORE, viewed in the light of all the f...
Promulgated on 2005-05-18

464. CA GR SP 87940: ANA MARIA GUIDOTE VELEZ vs. NLRC, et. al.
Finding merit in petitioner's Motion to Withdraw and/or Dismiss the herein petition on the ground that the parties have amicably settled the controversy and signed a Compromise Agreement, the same is GRANTED and as prayed for, the above-entitled petiti...
Promulgated on 2005-05-18

465. CA GR SP 89359: Sps. Francisco Lopez and Zelma De Guzman vs Marcial and Emelita Terrado
The present petition suffers from the following infirmities, to wit:1. The mandated affidavit of service under Sec. l3, Rule l3 of the 1997 Rules of Civil Procedure, as amended, is nowhere attached thereto;...
Promulgated on 2005-05-18

466. CA GR CR 00862: PEOPLE OF THE PHILIPPINES, vs. CHARLIE BUTIONG,
Before the Court is an appeal from the Decision dated February 24, 2003 in Criminal Case No. 99-224 of Branch 258, Regional Trial Court, Para?aque City, finding accused-appellant Charlie Butiong guilty beyond reasonable doubt of the crime of rape and...
Promulgated on 2005-05-18

467. CA GR CV 70309: THERESA MARIE BORJA, ET AL., VS. RAMON BORJA
Before us is the appeal by the respondents-appellants from the January 17, 2001 Decision1 of the Regional Trial Court (RTC), Branch 81, Malolos, Bulacan in Civil Case No. 973-M-93. The dispositive portion of the appealed decision reads...
Promulgated on 2005-05-18

468. CA GR SP 89608: Vicente Lao et.al. vs Hon. Thelma A. Ponferrada,
The present petition suffers from the following infirmities, to wit:1. There is no allegation as to the date of receipt of the Order dated March 29, 2005 denying petitioners' motion for reconsideration of the Order dated March 7, 2005 thereby depriving Us...
Promulgated on 2005-05-18

469. CA GR CV 59726: THE HEIRS OF BENJAMIN Y. GOLEZ vs CORAZON S. DOLZ
Before Us is an appeal which seeks to annul and set aside the: (1)November 10, 1997 Order1 of the Regional Trial Court (RTC), Branch 257, Paranaque, Metro Manila, dismissing Civil Case No. 97-0263 for failure of the heirs of Benjamin Y. Golez (plaintiffs-...
Promulgated on 2005-05-18

470. CA GR CR 27906: Peolpe vs Santiago C. Jazul
This is an appeal from the Decision rendered by the Regional Trial Court of Masbate City, Branch 47, in Criminal Case No. 8395 convicting the accused-appellant of the crime of attempted murder,sentencing him to suffer an indeterminate penalty of two (2) y...
Promulgated on 2005-05-18

471. CA GR CR 00800: PEOPLE vs CAPT. FLORENCIO O. GASACAO
On appeal is the Joint Decision dated March 5, 2001 of the Regional Trial Court of Quezon City, Branch 218 in Criminal Case Nos. Q-00-94240 and Q-00- 94241 finding the accused Capt. Florencio O. Gasacao guilty beyond reasonable doubt of Large Scale Ill...
Promulgated on 2005-05-18

472. CA GR CV 60592: Sps. Charles Lim & Rosa Yu vs Republic of the Philippines
Before us is the appeal by the Republic of the Philippines (the Republic) from the Order1 dated March 26, 1998 of the Regional Trial Court (RTC), Branch 36, Santiago City (the lower court), in SP. PROC. NO. 36-0235, whose dispositive portion reads: WHEREF...
Promulgated on 2005-05-18

473. CA GR CV 69384: Feliciano E. Clava vs. Rural Bank of Maasin, S.Leyte and its manager
Before the Regional Trial Court of Cavite City (Branch 88) was a petition for declaration of insolvency filed by Feleciano E. Clava (or "appellant")....
Promulgated on 2005-05-18

474. CA GR SP 86465: Juanito Victor C. Remulla vs. Aurelio G. Icasiano, Jr., etc., et al.
In our Resolution dated October 13, 2004, we gave due course to the petition and issued a temporary restraining order in favor of the petitioner so as not to render the instant petition moot and academic pending the resolution of the case on the merits....
Promulgated on 2005-05-18

475. CA GR CV 71573: Bernadette Jacomina Tan vs. PhilamLife Insurance Co.
Subject of this appeal is the Decision1 holding defendantappellant Philippine American Life Insurance Company liable to pay plaintiff-appellee Bernadette Jacomina Tan the proceeds of the insurance policies taken by her husband....
Promulgated on 2005-05-18

476. CA GR SP 84139: PHILIPPINE SCOUT VETERANS SECURITY AND INVESTIGATION AGENCY, INC. vs NATIONAL LABOR RELATIONS,ET AL
At bar is a petition for certiorari and prohibition filed by the Philippine Scout Veterans Security and Investigation Agency, Inc. (or PSVSIA hereafter) assailing the Decision dated October 22, 2003 of the respondent National Labor Relations Commission...
Promulgated on 2005-05-18

477. CA GR SP 62412: ABERDEEN COURT, INC. and/or RICARDO W. NG vs NATIONAL LABOR RELATIONS COMMISSION, ET AL
The petitioners Aberdeen Court, Inc. (or Aberdeen Court hereafter) and/or Ricardo Ng in this petition for certiorari ask that the Resolution dated July 27, 2000 (pp.14-23, rollo) of the respondent National Labor Relations Commission (NLRC) which SET ASI...
Promulgated on 2005-05-18

478. CA GR SP 58371: EMILIA OLANDE-CARINO and MAURO T. OLANDE vs HON. LEO RAPATALO,ET AL
The petitioners Emilia and Mauro and the respondents Carolina, Rodrigo and Dominador are siblings and the children and heirs of the other respondent Basilisa. All have the surname or nee of Olande....
Promulgated on 2005-05-18

479. CA GR CV 78630: Ursula E. Ermino vs. Republic of the Phils.
On appeal by defendant Republic of the Phils., thru the Office of the Solicitor General, is the Nov 19 '02 Decision of the Regional Trial Court of Gubat, Sorsogon in an application for registration of title...
Promulgated on 2005-05-18

480. CA GR SP 87691: Vicente G. Tan vs. Fortunata L. Victorino, et al.
The present Petition for Review1 filed by petitioner Vicente G. Tan seeks the reversal of the Decision2 dated October 27, 1998 rendered by the Regional Trial Court (RTC), Branch 14, Malolos, Bulacan in Civil Case No. 457-M-98....
Promulgated on 2005-05-18

481. CA GR CR 26750: RICARDO LAYUG et al., vs PEOPLE
Submitted for resolution are the motion for reconsideration of this Court's decision of February 15, 2005 and the Supplemental Pleading in Relation to the Motion for Reconsideration...
Promulgated on 2005-05-17

482. CA GR SP 78739: Purita N. Espinosa vs. NLRC, et al.
At bench is a Petition for Certiorari under Rule 65 of the Revised Rules of Court assailing the Resolution dated February 28, 2003 issued by the National Labor Relations Commission, which dismissed petitioners' appeal, as well as the Resolution dated May...
Promulgated on 2005-05-17

483. CA GR SP 85405: JOSEPH BACDUYAN vs HON. EDGARDO B. DIAZ RIVERA, et al
This is a Petition for Certiorari assailing the Resolution dated March 25, 2004 of the respondent court in Civil Case Nos. 04-CV- 1942 to 04-CV-1943, dismissing the complaint for declaration of ownership, declaration of nullity and/or cancellation of t...
Promulgated on 2005-05-17

484. CA GR SP 88038: Emmanuel P. Cuntapay vs. GSIS
Sought to be overturned in this petition for review is the November 12, 2004 Decision1 of the Employees' Compensation Commision (ECC), in ECC Case No. GM-16487-0803-04, which affirmed the denial by the respondent Government Service Insurance System (GSIS)...
Promulgated on 2005-05-17

485. CA GR CV 78257: Lualhati and Gerry Ortiz vs. Federico Calilung, et al.
On June 27,1989, Federico Calilung (Calilung for brevity) and defendant-appellant Mountainview Equity and Development Corporation (Mountainview for brevity) entered into a Contract to Buy and Sell Unit No. 208 of the Le Chateau Tower Condominium. Mountai...
Promulgated on 2005-05-17

486. CA GR SP 86769: Filinvest Dev. Corp. vs. Santiago Vivo Carlos
These consolidated petitions for review, separately filed by the petitioner Filinvest Development Corporation (Filinvest, for brevity) and by the other petitioner Public Estates Authority (or PEA), both seek to overturn the Decision dated August...
Promulgated on 2005-05-17

487. CA GR CV 56802: Gulf Pacific Security Agency, Inc. vs Pyramid Construction and Engineering Corporation
Before us is the appeal filed by plaintiff-appellant Gulf Pacific Security Agency, Inc. (Gulf Pacific)from the Decision1 rendered by Branch 125 of the Regional Trial Court of Caloocan City (the lower court) in Civil Case No. 16307. The lower court dismiss...
Promulgated on 2005-05-17

488. CA GR SP UDK 5273: Rodolfo Nazareno vs. NLRC & SAINT ROSE TRANSIT, INC.
In a Resolution dated January 24, 2005, this Court dismissed this petition for failure of petitioner to remit the docket fees in violation of Section 3, Rule 46 of the 1997 Rules of Civil Procedure, as amended, and to attached certain pleadings in support...
Promulgated on 2005-05-17

489. CA GR CR 00698: People vs Joseph Caranzo y Velasco @ Sonny Caranzo
BEFORE Us is an appeal from the Decision of the Regional Trial Court convicting accused-appellant Joseph Caranzo of robbery with rape and imposing upon him the supreme penalty of death....
Promulgated on 2005-05-17

490. CA GR SP 88217: Jalmark Anthony Dev. Corp., et al. vs. Hon. Benjamin Antonio, et al.
Before us is a Petition for Certiorari with Prayer for a Temporary Restraining Order under Rule 65 of the Rules of Court seeking to nullify and set aside the Order dated January 23, 2004 of the Regional Trial Court (Branch 170) in Malabon City in LRC Case...
Promulgated on 2005-05-17

491. CA GR CV 79572: STEADFAST INSURANCE AGENCY, INC. vs JONATHAN C. UY
We have appreciated appellant's arguments in seeking a reconsideration of Our December 15, 2004 Decision-affirming in toto the trial court's decision but sadly, We find no compelling or justifiable reason to grant the same....
Promulgated on 2005-05-17

492. CA GR SP 80466: ANTONIO LIMKETEE vs WILLY LAMBENGCO
We have carefully reviewed and appreciated petitioner's arguments in seeking a reconsideration of Our March 14, 2005 Decision dismissing the petition but sadly, We find no compelling reason to grant the same....
Promulgated on 2005-05-17

493. CA GR SP 81636: CARMELITA G. FABIAN, et al. vs NLRC, MR. & MRS. WILLIAM AND KAREN DEVENDORF,
Acting on petitioners' motion for reconsideration of this court's March 17, 2005 Decision which denied due course to the petition. We resolve to deny the same, the basic issues raised therein having previously been duly considered and passed upon...
Promulgated on 2005-05-17

494. CA GR SP 87475: Dario and Harvey Tapia vs. Hon. Charles A. Aguilar, et al.
Assailed in this petition for certiorari (with motion for bail) are the Orders of the Regional Trial Court of Ilocos Norte, Branch 12 dated: (a) August 23, 2004 denying petitioners's Notice of Appeal for being filed out of time; and (b) September 15, 2004...
Promulgated on 2005-05-17

495. CA GR SP 78382: Jose R. Villanueva vs. NLRC, et al.
To what extent may the scales of justice be tilted in favor of the workers? How far should the court's liberality towards the workers be stretched?...
Promulgated on 2005-05-17

496. CA GR SP 73271: Callaway Dev'lt. Corp., et al., and Antonio Ching. vs. Ramon J. Lim
Before the Municipal Trial Court of Calauag, Quezon was an action for forcible entry involving a parcel of land consisting of 64 square meters, located at Sta. Maria, Calauag, Quezon...
Promulgated on 2005-05-17

497. CA GR SP 88106: JUDIE ALVAREZ vs. HON. JUDGE ELSA L. DE GUZMAN, et al.
The Manifestation and Motion dated March 17, 2005, filed by the Office of the Solicitor General (OSG), praying that the Clerk of Court, Branch 89, Regional Trial Court of Quezon City, be ordered to furnish it (OSG) the records of the case, is DENIED....
Promulgated on 2005-05-17

498. CA GR SP 83299: Heirs of Feliciano Cristobal, et al. vs. Hon. Ruth D. Cruz-Santos, et al.
This petition for certiorari under Rule 65 assails the Order dated 8 October 2002 issued by respondent judge, Hon. Ruth D. Cruz-Santos, approving the Compromise Agreement between private respondent Amelita Mirasol and Emiliano Cristobal representative o...
Promulgated on 2005-05-17

499. CA GR CR 00619: PEOPLE OF THE PHILIPPINES vs. CHARLES "GLENN" CRAVEN,
The accused-appellant Charles "Glenn" Craven appeals from the June 7, 2002 Joint Decision1 of the Regional Trial Court of Pasay City, Branch 117, in Criminal Cases Nos. 01-0597 to 01-0610, finding him guilty beyond reasonable doubt of large scale illegal...
Promulgated on 2005-05-17

500. CA GR CV 56269: Sanville Realty Interprises, Inc., et al. vs Sps. Renato & Eugenia Mamaril
Before us is the appeal filed by Sanville Realty Enterprises, Inc., (Sanville) and Conrado V. Sang (Sanga) [collectively,plaintiffs-appellants] from the Decision1 rendered by Branch 80 of the Regional Trial Court of Tanay,Rizal (the lower court) in Civil...
Promulgated on 2005-05-17

501. CA GR CV 81243: Vivencia S. Lopez vs. Baliwag Transit, Inc., et al.
Appeal from the Decision of the Regional Trial Court of Manila, Branch 26, in Civil Case No. 98-91007...
Promulgated on 2005-05-17

502. CA GR CV 71230: Marites Ruiz Macalino vs. Romeo S. Macalino
The Republic of the Philippines interposes an appeal from the Decision1 dated June 4, 2001 of the Regional Trial Court, Branch 108, Pasay City which declared the nullity of marriage of appellee Maritess Ruiz Macalino to respondent Romeo S. Macalino on t...
Promulgated on 2005-05-17

503. CA GR CV 63962: ROGELIO A. BATTAD vs MARIA THERESA CORONEL-PAOLELLI
Before Us is an appeal from the Decision1 dated January 20, 1999 of the Regional Trial Court of Quezon City, Branch 77, in Civil Case No. Q-96-29195 entitled: "Rogelio A. Battad, plaintiff (plaintiffappellee herein), versus Ma. Theresa Coronel-Paolelli...
Promulgated on 2005-05-17

504. CA GR CV 62894: Jomar P. Ocampo vs. Teresita S. Torres; R.P.
Jomar Ocampo and Teresita Torres have known each other since elementary school, and upon reaching college, they fell in love and became steady for seven years. On...
Promulgated on 2005-05-17

505. CA GR CR 26952: People of the Philippines vs. Rogelio Belarmino
Before this Court is an Appeal from the decision of the Regional Trial Court of Oriental Mindoro, Branch 42, dated 23 July 2002, finding the accused-appellant in Criminal Case No. P-6356, guilty of violation of Republic Act No. 7610....
Promulgated on 2005-05-17

506. CA GR CV 68069: Luz M. Mendoza vs. Ricardo L. Magno, et al.
In appealing the Decision dated May 26, 2000 of Branch 42, Regional Trial Court, Dagupan City, plaintiff-appellant Luz M. Mendoza (appellant) argues that:...
Promulgated on 2005-05-17

507. CA GR CV 59769: Rural Bank of Pamplona, Inc. vs. Benedict and Maricel Dy Tecklo, et al.,
Records show that on January 20, 1994, spouses Roberto and Ma. Antonette B. Co obtained from plaintiff-appellant Rural Bank of Pamplona, Inc. a loan in the amount of One Hundred Thousand (P100,000.00) Pesos....
Promulgated on 2005-05-17

508. CA GR CV 83523: Johnny A. Ching vs. Janette C. Papa
As per report of our Judicial Records Division, no appellant's brief has been filed, despite receipt by plaintiff-appellant of the notice to file brief. This appeal is dismissed under Section 1 (e) Rule 50 of the Rules of Court....
Promulgated on 2005-05-17

509. CA GR CV 70881: BPI vs. TS Builders and Resources Corp., et al.
Defendants-appellants TS Builders and Resources Corporation, Henry Tan and John Doe appeal the Decision dated May 17, 2001 of the Regional Trial Court, Branch 15, Manila which granted plaintiffs-appellees? action for replevin and damages....
Promulgated on 2005-05-17

510. CA GR CV 78169: SOLAR RESOURCES, INC. vs NOEL R. MANELA, ET AL
This is an appeal from the October 30, 2002 Decision of the Regional Trial Court of Trece Martires City, Branch 23, in Civil Case No.TM-673, an action for specific performance, the dispositive portion of which reads: WHEREFORE, judgment is hereby render...
Promulgated on 2005-05-17

511. CA GR CV 68025: Augusto R. Panday vs. R.P.
On appeal is the Decision dated February 15, 2000 of the Municipal Trial Court of Goa, Camarines Sur, 5th Judicial Region which granted appellee's application for land registration....
Promulgated on 2005-05-17

512. CA GR SP 88790: Nelia Barleso, et al. vs. Hon. Pairing Judge Benjamin M. Aquino, Jr., et al.
This is a petition for certiorari to annul (1) the joint decision of the RTC of Malabon, Branch 73 dated April 12, 2002, in civil cases 2113, 2115, 2117, 2127 (among others) ordering the petitioners as defendants to relinquish possession of land and pa...
Promulgated on 2005-05-17

513. CA GR SP 83275: OFFICE DEPOT, INC. vs. OFFICE DEPOT CORPORATION
We have studied at length petitioner's Motion for Reconsideration dated February 20, 2005 and respondent's Opposition dated February 28, 2005, and found the motion offering no justification for Us to recall or reconsider the Decision in this case dated...
Promulgated on 2005-05-16

514. CA GR SP 85804: HONESTO MARANAN, et. al. vs. HON. CONCEPCION S. ALARCON-VERGARA, et. al.
Assailed in this petition for review is the decision of Branch 49 of the Regional Trial Court (RTC) of Manila,...
Promulgated on 2005-05-16

515. CA GR SP 85064: GLORIA R. MOTOS and MARTIN MOTOS vs. HON. ROGELIO M. PIZARRO, et. al.
Assailed by Gloria R. Motos and Martin Motos ("Petitioners") in this petition for certiorari filed under Rule 65 of the Rules of Court are:...
Promulgated on 2005-05-16

516. CA GR CR 00793: People vs Teodoro "Teddy" Donila y Herbon
Sanity being the normal condition of the human mind, the prosecution may proceed upon the presumption that the accused was sane and responsible when the act was committed. The presumption is always in favor of sanity and the burden of proof of insanity is...
Promulgated on 2005-05-16

517. CA GR CR 00640: PEOPLE OF THE PHILIPPINES, vs. ELIZER PAYONGAN Y MACALUPIG
On Appeal is the Decision dated 8 January 2003 of Branch 08 of the Regional Trial Court of Aparri, Cagayan in Criminal Case No. 08-1165, "For Rape", the dispositive portion of which reads:...
Promulgated on 2005-05-16

518. CA GR SP 76111: ANGELITO L. CRISTOBAL, vs. NATIONAL LABOR RELATIONS COMMISSION, et al.
Challenged in this petition for certiorari under Rule 65 of the 1997 Rules of Civil Procedure is the Resolution of the National Labor Relations Commission (NLRC) dated November 22, 2002 (Annex "A", Petition), which suspended the proceedings in the appe...
Promulgated on 2005-05-16

519. CA GR CV 54669: Jose Domingo vs Elesio Demapelis
Before Us is an Appeal from the Decision, dated July 16, 1996, of the Regional Trial Court of Quezon City, Branch 105, in Civil Case No. Q-95-24354, dismissing Appellant's Complaint for Rescission of Contract with Damages for lack of merit. The facts ar...
Promulgated on 2005-05-16

520. CA GR CR 28502: People vs. Guillermo Ramos y Miclat
The case before the Court is an appeal from the decision dated March 15, 2004 of the Regional Trial Court of Manila, Branch 32, convicting accused-appellant of homicide and sentencing him to suffer the penalty of reclusion temporal minimum....
Promulgated on 2005-05-16

521. CA GR SP 81251: CIRILO A. PIAL vs NLRC & DUP SOUND PHILS. and/or MANUEL TAN
This pertains to the Motion for Reconsideration filed by the private respondents through counsel on 20 January 2005, seeking for the reconsideration of the Decision dated 24 November 2004, the dispositive portion thereof reads:...
Promulgated on 2005-05-16

522. CA GR SP 89444: Eusebio Cabrera vs Paulita Reynoso
The instant Petition for Review is not accompanied by certified true copies of the following pleadings and documents necessary to support the allegations in the petition, in violation of Sec. 2(d), Rule 42 of the Revised Rules on Civil Procedure:...
Promulgated on 2005-05-16

523. CA GR SP 87238: Danilo Dayto, Sr., et al. vs. Hon. Edgardo B. Diaz de Rivera, Jr., et al.
Before the Court is a Petition for Certiorari under Rule 65 of the Revised Rules of Court assailing the orders dated July 27, 2004 and October 5, 2004, respectively of the Regional Trial Court, First Judicial Region, Baguio City, Branch 3....
Promulgated on 2005-05-16

524. CA GR SP 86216: OLIMPIA GALGANA, et al vs HONORABLE D. ROY A. MASADAO, JR., et al
This is a Petition for Certiorari and Prohibition under Rule 65 of the Revised Rules of Court with application for the issuance of a temporary restraining order and/or writ of preliminary injunction seeking to nullify and set aside the decision dated A...
Promulgated on 2005-05-16

525. CA GR CV 71861: INSULAR LIFE SAVINGS & TRUST COMPANY vs BANCO DE ORO BANKING CORPORATION
On May 3, 1995, plaintiff-appellant Insular Savings filed a Complaint for Sum of Money and Damages against defendantappellee Banco de Oro before the Regional Trial Court of Makati City, based on the following antecedent facts:...
Promulgated on 2005-05-16

526. CA GR CV 79111: QUEDAN AND RURAL CREDIT GUARANTEE CORP. vs Sps. TOMAS AND DINA BUENAFLOR,
In the instant appeal, spouses Tomas and Dina Buenaflor (appellants)assail the 05 May 2000 Order of Branch 146 of the Regional Trial Court of Makati City in Civil Case No. 93-4243, declaring them as in default, as well as the 30 January 2001 Decision orde...
Promulgated on 2005-05-16

527. CA GR SP 87499: Godofredo G. Cuanan vs. Civil Service Commission, et al.
Before Us is a petition for certiorari under Rule 65 of the Rules of Court seeking the reversal of the public respondent Civil Service Commission s (CSC for brevity) Resolution No. 041147 dated 2 October 2004...
Promulgated on 2005-05-16

528. CA GR CR 27553: PEOPLE vs ERNESTO BORRE, SR., et al
Accused-appellants Ernesto Borre, Sr. alias "Boy" and Eduardo Chingcuanco y Borre alias "Bokyo" were charged with homicide before the Regional Trial Court of Manila in an Information1...
Promulgated on 2005-05-16

529. CA GR CV 53538: BENJAMIN CUA(CUA HIAN TEK) vs WALLEM PHILIPPINES SHIPPINGINCORPORATED et al
This is an appeal from the decision of the Regional Trial Court, Branch 31, Manila, in an action for maritime damages to cargo, docketed as Civil Case No. 90-550898, finding in favor of plaintiff Benjamin Cua (also known as Cua Hian Tek)....
Promulgated on 2005-05-16

530. CA GR CR 27629: People vs. Eddie Bantal y Alis
This is an appeal from the decision dated 18 June 2003 of the Regional Trial Court, Branch 58, of San Jose, Camarines Sur convicting accused-appellant for homicide in Criminal Case No. T- 1579....
Promulgated on 2005-05-16

531. CA GR CV 56011: INOCENCIA COTAS vs FACUNDO R. CHUA,
This is an appeal from the decision of the Regional Trial Court, Branch 167, Pasig City, the dispositive portion of which reads:...
Promulgated on 2005-05-16

532. CA GR CV 83672: Purificacion Mayuga, et al. vs. Concorde Village Homeowners Asso., et al.
Considering the Judicial Records Division (JRD) Report dated March 2, 2005 that no appellants' brief was filed by counsel for defendants-appellants, the appeal is considered ABANDONED and DISMISSED pursuant to Section 1(e) of Rule 50 of the 1997 Rules of...
Promulgated on 2005-05-16

533. CA GR SP 74878: VILLAMOR TANGONAN, JR., ET AL. ,vs HON. ROMEO J. DE LEON, et al.,
As prayed for by petitioners, the instant petition is declared withdrawn....
Promulgated on 2005-05-16

534. CA GR SP 87921: BAYANI OLAES, ET AL., vs PRESIDENTIAL COMMISSIONFOR THE URBAN POOR, ET AL.,
For failure of plaintiffs-appellants to file a memorandum, as required by Section 10 of Rule 44, the appeal is deemed abandoned, and DISMISSED....
Promulgated on 2005-05-16

535. CA GR CV 82124: ADORACION FACTOR, vs. SOTERO GAN
This is an appeal from the Decision dated August 14, 2003, rendered by the Regional Trial Court (hereafter RTC), Branch 72, Olongapo City in Civil Case No. 310-0-95 for Quieting of Title, the dispositive portion of which reads:...
Promulgated on 2005-05-16

536. CA GR SP 84245: JOSE A. ATENCIO and DALIA B. ATENCIO vs. NOVRO DEVELOPMENT CORP., et al.
We have studied at length petitioners' Motion for Reconsideration dated January 21, 2005 (but filed on February 22, 2005) and respondent's Manifestation and Compliance dated March 23, 2005, and found the motions offering no justification for Us to recal...
Promulgated on 2005-05-16

537. CA GR SP 89456: ZOSIMO B. NADUMA vs. LIGAYA MAGNAYE, et al.
Without necessarily giving due course to the Petition for Certiorari, the Court hereby directs respondents to file their Comment, not a motion to dismiss within ten (10) days from receipt of this resolution. Petitioner may file his Reply within five (5) d...
Promulgated on 2005-05-16

538. CA GR CV 79774: MA. SONIA SANTIAGO VS Spouses ISAGANI and DIOSDADA CASTRO
For consideration is the Motion for Reconsideration filed by plaintiff-appellant of this Court's resolution dated February 21, 2005 which affirmed the Decision of the RTC, Branch 84, Malolos, Bulacan in Civil Case NO. 189-M-97.Perusal of the records reve...
Promulgated on 2005-05-16

539. CA GR SP 85569: ATTY. CAROLINA R. RAMOS vs. NLRC, MILAGROS O. & WILLIAM Y. HOW and EDUARDO P. FRANCISCO
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 Resolution dated October 30, 2003 (should be Decision) of the National Labor Relations Commission (hereafter NLRC),...
Promulgated on 2005-05-16

540. CA GR CV 57142: Sps. Neri Baquilar & Leticia Baquilar vs. Asian Bank Corp.
The instant appeal seeks to reverse and set aside the decision of the Regional Trial Court (RTC) of Makati City, Branch 59, which dismissed the plaintiffs-appellants' complaint for sum of money and damages against the defendant-appellee docketed as Civ...
Promulgated on 2005-05-16

541. CA GR CV 62181: BPI vs. MARILOU V. LEGAZPI
This is an appeal filed from the decision dated August 11, 1998 of the Regional Trial Court of Makati City, Branch 146 (hereafter RTC), in Civil Case No. 95-356, the dispositive portion of which reads:...
Promulgated on 2005-05-16

542. CA GR CV 76270: WILMA ARELLANO vs. ASTERIA NAVARRO, et al.
Pursuant to Section 417 of the Local Government Code, amicable settlements or arbitration awards before the barangay authorities may be enforced by execution by the Lupon within six (6) months from the date of the settlement. After the lapse of such ti...
Promulgated on 2005-05-16

543. CA GR SP 84963: L & M MAXCO COMPANY, INC. vs NATIONAL LABOR RELATIONS COMMISSION, ET AL
This is a Petition for Certiorari praying that the April 13, 2004 Resolution of the public respondent NLRC, in NLRC-NCR CA No.033667-02, NLRC-NCR-30-03-01529-02, NLRC-NCR-30-03-01551-02,NLRC-NCR-30-03-01562-02, and NLRC-NCR-30-03-01547-02, be reversed a...
Promulgated on 2005-05-16

544. CA GR CV 81078: SPS. JUAN AND MARILYN RESTORQUE VS AUGUSTO TOLENTINO ET.AL.
Before this Court is an appeal from the decision dated July 31, 2003 of the Regional Trial Court, National Capital Judicial Region, Branch 275, Las Pi?as City in Civil Case No.LP-00-0202 for Damages for Death and Physical Injuries, entitled Spouses Juan...
Promulgated on 2005-05-16

545. CA GR SP 89516: THREE J-KHAN SECURITY AGENCY AND/OR NERISSA PATRIARCA vs NATIONAL LABOR RELATIONS COMMISSION,ET AL
Presented before Us is a petition for certiorari assailing the Decision dated April 20, 2004 of the public respondent and its Resolution dated February 11, 2005 denying its reconsideration....
Promulgated on 2005-05-16

546. CA GR CV 61932: FERDINAND BERNARDO vs CARLOS ALEJANDRO, and the PROVINCIAL SHERIFF of BULACAN
Challenged in this appeal by defendant-appellant Carlos Alejandro is the September 28, 1998 Decision1 of the Regional Trial Court, Branch 20, Malolos, Bulacan, granting the application for prohibition and injunction of plaintiff-appellee Ferdinand Bernar...
Promulgated on 2005-05-16

547. CA GR SP 87234: LAND BANK OF THE PHILS. VS. ATTY. ALEXANDER S. BELENA ET.AL.
Before this Court is a Petition for Review under Rule 42 of the 1997 Revised Rules of Civil Procedure assailing the Decision dated July 5, 2004 and Order dated October 6, 2004 of the Regional Trial Court,Third Judicial Region, Branch 33, Guimba, Nueva E...
Promulgated on 2005-05-16

548. CA GR CR 28646: EMMANUEL T. FRANCIA, SR. VS PEOPLE ET.AL.
Before this Court is a petition for review under Rule 42 of the 1997 Rules of Civil Procedure of the decision dated July 9,2004 of the Regional Trial Court, National Capital Judicial Region,Branch 112, Pasay City in Criminal Case No.03-2786 entitled Peo...
Promulgated on 2005-05-16

549. CA GR SP 87744: MORE ASIA REALTY and DEVELOPMENT CORP. vs. HON. SAMUEL H. GAERLAN, et al.
On December 21, 2004, this Court issued a resolution requiring the petitioner to submit within five (5) days from notice the following: 1) The Motion for Reconsideration (p. 7) 2) Opposition (p. 26) 3) Reply (p. 26)...
Promulgated on 2005-05-16

550. CA GR CV 81317: ANGELA CERVANTES, et al. vs DOMINGO LOQUIO, et al.
This is an appeal from the Resolution dated October 20, 2003, rendered by the Regional Trial Court (hereafter RTC), La Trinidad, Benguet, Branch 63, in Civil Case No. 03-CV-1794 for Specific Performance, Damages, Mandatory Preliminary Injunction with Pra...
Promulgated on 2005-05-16

551. CA GR CV 60451: ROBTON INDUSTRIES, INC. vs THE HONORABLE SECRETARY Department of Public Works and Highways, ET AL
On Appeal before this Court is the December 11, 1997 Decision1 of the Regional Trial Court (RTC) of Quezon City, Branch 84, dismissing the action for damages filed by plaintiff-appellant Robton Industries, Inc., represented by its manager, Paul Tan, agai...
Promulgated on 2005-05-16

552. CA GR SP 77955: TREASURELAND DEVELOPERS INC., et. al., vs. JOEL RUAYA, et. al.
This is a petition for review under Rule 43 of the 1997 Rules. Being a wrong mode the petition warrants outright dismissal. However, in the interest of justice and pursuant to the doctrine laid down in the case of St. Martin Funeral Homes v. NLRC (245...
Promulgated on 2005-05-16

553. CA GR SP 83058: ENRIQUEZ SECURITY SERVICES, INC. vs. N L R C and VIVENCIO A. PAGADORA
There being no compelling reason to modify, reverse or reconsider the Decision rendered in the case dated December 9, 2004, petitioners' Motion for Reconsideration dated January 4, 2005, is DENIED, it appearing further that the arguments raised therein...
Promulgated on 2005-05-16

554. CA GR CV 77658: Sps. Pablo & Modesta Dela Cruz vs. Sps. Edgar & Marivic De Ausen, et al.
Subject of this appeal is the Nov 5 '02 Decision of the Tarlac City RTC, the dispositive portion of w/c reads: "WHEREFORE, judgment is hereby rendered finding the defendants Edgar and Marivic de Ausen liable to plaintiffs in the sum of P3,648,500...
Promulgated on 2005-05-16

555. CA GR CV 69747: Elena Garcia-Laroza, et al. vs. Rolando and Nieves Garcia
On appeal is the Decision dated 18 December 2000 of the Regional Trial Court (RTC) of Urdaneta, Pangasinan, Branch 48, in Civil Case No. U-4433 for Annulment of Documents...
Promulgated on 2005-05-16

556. CA GR SP 76317: ELIZABETH EUSEBIO- CALDERON, et. al., vs. RURAL BANK OF PULILAN, INC.
This is a petition for review under Rule 42 of the Rules of Court seeking to set aside the Decision of the Regional Trial Court, Branch 18, Malolos, Bulacan, in Civil Case No. 662-M-02 dated January 2, 2003, which affirmed with modification the Decisio...
Promulgated on 2005-05-16

557. CA GR SP 89694: Romulo Bersamina, et al. vs. United BF Homeowners Association (UBFHAI)
Petitioners' Motion For Extension of Time To File Petition For Review dated May 11, 2005 is DENIED. Petitioners still has sufficient time until May 26, 2005 within which to file her petition for review....
Promulgated on 2005-05-16

558. CA GR SP 86175: Sumo Steel Pipe Corp., et al. vs. Hon. Placido C. Marquez, et al.
In this Petition for Certiorari under Rule 65 of the 1997 Rules of Civil Procedure, petitioners seek to nullify the 30 March 2004 Order of public respondent Judge in Civil Case No. 03-107353 which reversed and set aside the trial court's previous Order da...
Promulgated on 2005-05-16

559. CA GR SP 88649: Celedonio G. Santamaria vs. Mando Solosa, et al.
Before us for review under Rule 42 of the 1997 Rules of Civil Procedure is the decision dated August 5, 2004 of the Regional Trial Court of Cavite City, Branch 16, which affirmed the decision of the Municipal Trial Court of Rosario, Cavite, in Civil Case...
Promulgated on 2005-05-16

560. CA GR CR 00591: People vs. Pompeyo Buyo
Before this Court is an Urgent Motion to Withdraw Appeal dated January 30, 2005 filed by accused-appellant Pompeyo Buyo himself, manifesting that he is voluntarily withdrawing his appeal effective on the date thereof....
Promulgated on 2005-05-16

561. CA GR SP 88524: Eligio B. Lopez, et al. vs Hon. Manuel F. Pastor, Jr., et al.
The petition for annulment of judgment faces outright dismissal....
Promulgated on 2005-05-16

562. CA GR SP 76704: Keang Nam Enterprises, Ltd. vs. Hon. Aurora Maqueda-Roman
It appearing that the parties have already entered into a Compromise Agreement which they had submitted before the lower court, and for which reason the lower court had already rendered a Decision based upon a Compromise Agreement, the instant Petition...
Promulgated on 2005-05-16

563. CA GR SP 82003: AMA LAND, INC. vs. SECRETARY OF JUSTICE, et. al.
83443 - In these consolidated petitions for certiorari and mandamus with prayer for temporary restraining order and/or writ of preliminary injunction, the petitioner assails the following issuances:...
Promulgated on 2005-05-16

564. CA GR CV 71143: Sps. Antonio and Erlinda Fortuna vs. R.P.
Before us is an appeal from the decision dated May 7, 2001 issued by the Regional Trial Court of San Fernando, La Union, in Land Registration Case No. 2372...
Promulgated on 2005-05-16

565. CA GR SP 87972: JOSE DELOS REYES VS Hon. RODOLFO R. BONIFACIO ET.AL.
Before this Court is a petition for certiorari under Rule 65 of the 1997 Rules of Civil Procedure assailing the Orders dated August 19, 2004 and November 10, 2004 of the Regional Trial Court, National Capital Judicial Region, Branch 159, Pasig City in Ci...
Promulgated on 2005-05-13

566. CA GR SP 87124: LOLITA CANETE vs AGRIFINA SERRANO, joined by her husband
In this Petition for Review under Rule 42 of the Rules of Court, petitioner seeks to reverse and nullify the Order dated June 16, 2004 of the court a quo, which dismissed her appeal. She also assails the Order dated September 23, 2004 of the same court...
Promulgated on 2005-05-13

567. CA GR SP 77624: Dynamic Planners and Construction Corp., et al. vs. NLRC, et al.
In Stanford Microsystems Inc. vs National Labor Relations Commission 157 SCRA 410, the Supreme Court said : No employer may rationally be expected to continue in employment a person whose lack or morals, respect and loyalty to his employer, regard for his...
Promulgated on 2005-05-13

568. CA GR CV 71846: ANNE CATHERINE S. GO-THORP vs JONATHAN DEAN E. THORP
Before Us on appeal is the decision of the Regional Trial Court, Branch 106 of Quezon City in Civil Case No. Q-99-37247...
Promulgated on 2005-05-13

569. CA GR SP 58805: TRANSWORLD MARITIME SHIPPING AGENCY CORP. et.al. vs NLRC et.al.
Before this Court is a Petition for Certiorari under Rule 65 of the 1997 Revised Rules of Civil Procedure assailing the Resolution2 dated September 22, 1999 of the National Labor Relations Commission in NLRC OFW (M) CASE NO. 97-10-4373 NLRC CA. NO. 17951-...
Promulgated on 2005-05-13

570. CA GR SP 83205: ETSI TECHNOLOGIES, INC. vs NLRC et.al.
In view of the consolidation of these two petitions, as ordered in the September 23, 2004 Resolution of the Court in CA-G.R. SP No. 83296, (p. 120, SP 83296 Rollo) and concurred in by the undersigned ponente in the Resolution, dated October 29, 2004, (p....
Promulgated on 2005-05-13

571. CA GR SP 89115: Candida Ulep-Sison vs. Mario Dela Cruz
In view of the defects in the petition, the same has to be, as it is hereby, DISMISSED....
Promulgated on 2005-05-13

572. CA GR SP 60221: CARMENCHITO TAGAYON vs NUTRILICIOUS FOOD INDUSTRIES INC.,ET AL
Carmenchito Tagayon (or Tagayon hereafter) by this petition for certiorari asks that the Resolutions issued by the respondent National Labor Relations Commission (or NLRC) dated January 28, 2000 and April 28, 2000, be reversed and set aside. In his co...
Promulgated on 2005-05-13

573. CA GR CR 00706: PEOPLE vs ERNESTO ASUELO y ESTORCA,
Pursuant to Administrative Matter No. 00-5-03-SC, revising Rule 122, Section 3(c) of the Revised Rules of Criminal Procedure, the instant appeal from the 28 December 1999 Decision of Branch 76, Regional Trial Court of San Mateo, Rizal, in Criminal Cas...
Promulgated on 2005-05-13

574. CA GR SP 87338: ACE PROMOTION AND MARKETING CORPORATION vs. NATIONAL LABOR RELATIONS COMMISSION, et al.
Challenged in the instant petition for certiorari are the: (1) Resolution of public respondent National Labor Relations Commission (NLRC) promulgated on July 22, 2004, affirming the Labor Arbiter's Decision dated January 3, 2002;...
Promulgated on 2005-05-13

575. CA GR SP 85901: MARIANO RIVERA vs HON. SELMA PALACIO ALARAS,ET AL
The appellant Mariano Rivera (or Rivera hereafter) filed before Branch 62 of the Regional Trial Court in Makati City (or RTC) a Petition for Certiorari and Prohibition against the appellees Hon. Selma Palacio Alaras (or Hon. Alaras), Pairing Judge of Bra...
Promulgated on 2005-05-13

576. CA GR CV 79423: Guillermo De Guzman vs. Republic of the Phils.
On appeal by the Rep. of the Phils, thru the Office of the Sol. Gen., is the Sept 5 '02 Decision of the RTC of Malolos, Bulacan, Br.8, in LRC Case No. 52-M-95 entitled "In Re: Application for Original Registration of Title under Act 496...
Promulgated on 2005-05-13

577. CA GR CV 78946: Maria Cecilia A. Muelebach vs. Florencio V. Pascual
Before this Court is an appeal from the decision of Branch 275, Regional Trial Court, National Capital Judicial Region, Las Pinas City in Civil Case No. 94-3094...
Promulgated on 2005-05-13

578. CA GR CV 78635: Joseph P. Sta. Maria, et al vs. Commonwealth Insurance Co.
Before Us is an appeal from the Decision rendered by the Regional Trial Court, Branch 272, Marikina City in Civil Case No. 99-516-MK dated January 31, 2003...
Promulgated on 2005-05-13

579. CA GR CV 72568: Manuel C. Carpio vs. Carbex, Inc., et al.
On April 11, 1989, a complaint for damages was filed by Manuel C. Carpio (hereafter Carpio) herein appellant, against Carbex, Inc. (hereafter Carbex), Hobart Elkins Payne (hereafter Payne), Venancio C. Gabriel (hereafter Gabriel) and Ma. Elena G. Francisc...
Promulgated on 2005-05-13

580. CA GR SP 85711: UNI-LONSEAL PLASTICS, INC. vs. HON. ANTONIO M. EUGENIO,JR., et. al.
"Probable cause has been defined as the existence of facts and circumstances as would excite the belief, in a reasonable mind, xxx that the person charged was guilty of the crime for which he was prosecuted. The term does not mean "actual or positive c...
Promulgated on 2005-05-13

581. CA GR CV 78835: Melanie A. Algara vs. Americo B. Algara; R.P.
For a marriage to be annulled based on psychological incapacity, "it is NOT enough to prove that the parties failed to meet their responsibilities and duties as married persons; it is essential that they must be shown to be incapable of doing so, due to...
Promulgated on 2005-05-13

582. CA GR CV 68834: Wilson T. Contreras vs. Republic of the Phils.
Before the Municipal Trial Court of Taytay, Rizal was an application for registration of title under either Sec. 14(1) of Pres. Decree No. 1529 (Property Registration Act) or, in the alternative, Sec. 48(b) of Com. Act No. 141 (Public Land Act)...
Promulgated on 2005-05-13

583. CA GR SP 89595: Alfredo Aguinaldo vs Heirs of Angelito Alvaran
A perusal of the record shows the following material defects in the petition: 1) Petitioner did not allege the date of filing of his Motion for Reconsideration of the DARAB decision dated December 20, 2004;2) There is no certificate on Non-Forum Shopping...
Promulgated on 2005-05-13

584. CA GR SP 80145: ROMY BUENAOBRA, et. al., vs. HON. MA. LUISA QUIJANOPADILLA, et. al.
Before this Court is a Petition for Annulment of Judgment in accordance with Rule 47 of the 1997 Rules of Civil Procedure seeking to nullify and set aside, on ground of extrinsic fraud, the Decision dated October 21, 2002 of the Regional Trial Court, B...
Promulgated on 2005-05-12

585. CA GR SP 71953: EDISON ELECTRIC INTEGRATED INC. and PETER CHUA vs NATIONAL LABOR RELATIONS COMMISSION,ET AL
Petitioners Edison Electric Integrated, Inc. (or Edison Electric hereafter) and Peter Chua (or Chua) in this petition for certiorari ask that the Decision dated May 10, 2002 of the respondent National Labor Relations Commission (or NLRC) affirming the D...
Promulgated on 2005-05-12

586. CA GR SP 89294: Heirs of Margarita Espiritu, et al. vs. Hon. Judge Joven F. Costales, et al.
Before us is a Petition for Certiorari, seeking to nullify the Decision dated January 26, 2005 of the Regional Trial Court of Urdaneta City, Pangasinan, Branch 45, in Civil Case No. U-7928....
Promulgated on 2005-05-12

587. CA GR SP 85157: GENERAL MILLING CORPORATION, rep. by JOSEPH C. DOMINISE, vs REGIONAL TRIAL COURT et al.
Asserting grave abuse of discretion amounting to lack or excess of jurisdiction, petitioner seeks to annul the Order1...
Promulgated on 2005-05-12

588. CA GR SP 86024: GREGORIO TAN, JR. vs TINAYTAYAN and CAPA ARB MULTI-PURPOSE COOPERATIVE
The petitioner moves for the reconsideration of this Court's order dated 24 November 2004 (Rollo, p. 106), which dismissed the former's Petition for Certiorari and Prohibition with prayer for issuance of Preliminary Injunction and application for Tempora...
Promulgated on 2005-05-12

589. CA GR SP 83341: FAST MANPOWER SERVICES, COMPANY vs NLRC LABOR ARBITER LEANDRO JOSE and EDUARDO MA
This pertains to the Motion for Reconsideration filed by petitioners through counsel on 4 January 2005, seeking for the reconsideration of the Decision dated 15 December 2004, the dispositive portion thereof reads:...
Promulgated on 2005-05-12

590. CA GR SP 70494: ASIAN CONSTRUCTION AND DEVELOPMENT CORPORATION vs. NLRC, et al.
THE PETITIONER HAS MOVED FOR THE RECONSIDERATION OF THE DECISION DATED OCTOBER 28, 2004 ON THE GROUND THAT:...
Promulgated on 2005-05-12

591. CA GR CR 00026: People vs. Roberto de Luna y Agapito
This is an appeal from the decision dated November 12, 2002 of the RTC-Br. 11, Malolos, Bulacan in Criminal Case No. 2839-M-99 finding appellant Roberto de Luna guilty beyond reasonable doubt of the crime of Murder....
Promulgated on 2005-05-12

592. CA GR CV 82193: ERNESTO SUMAGUI vs. ERNESTO V. CABRERA,
On appeal is the Decision of Branch 6, Regional Trial Court of Tanauan, Batangas dated December 30, 2003 (pp. 66-69, Records) in Civil Case No. 02-09-442, entitled "Ernesto Sumagui vs. Ernesto V. Cabrera", for declaratory relief and/or quieting of titl...
Promulgated on 2005-05-12

593. CA GR SP 75035: SPS. GORGONIO & LUCIANA PALAMINE vs DARAB & SIMEON ARELLANO, ET AL.
Before Us is a Motion for Reconsideration filed by the respondents on 24 September 2003, seeking for the reconsideration of the decision of this Court promulgated on 28 August 2003, the dispositive portion of which reads:...
Promulgated on 2005-05-12

594. CA GR SP 77307: RONILO SORREDA vs HON. WALDO EMERSON GAN
This pertains to the Motion for Reconsideration filed by petitioner through counsel on 08 June 2004, seeking for the reconsideration of the Decision dated 30 April 2004, the dispositive portion thereof reads:...
Promulgated on 2005-05-12

595. CA GR SP 81017: FRANCIS C. ARSENIO vs MARY JEAN BORRA, et al.
Before Us is a Motion for Reconsideration filed by the petitioner on 22 November 2004, seeking for the reconsideration of the decision of this Court promulgated on 29 October 2004, the dispositive portion of which reads:...
Promulgated on 2005-05-12

596. CA GR SP 84672: NOVELTY PHILIPPINES, INC. vs. ANA MARIA N. BASCO, et al.
Can the Secretary of Labor assume jurisdiction over a labor dispute and certify the same to the National Labor Relations Commission even after the employer corporation had already filed a Petition for Voluntary Dissolution with the Securities and Exchang...
Promulgated on 2005-05-12

597. CA GR CV 82837: MARIVIC MOSCOSO vs JULIE PERANDO and LETICIA PERANDO
This is an appeal from the Decision of the Regional Trial Court of Pasig City in a suit for Reformation of Contract and Damages filed by the appellee Marivic Moscoso (or Moscoso for brevity) against the appellants spouses Julie Perando and Leticia Perand...
Promulgated on 2005-05-12

598. CA GR CR 00567: PEOPLE vs PABLO L. ESTACIO, JR. and MARITESS ANG
For review of this Court is the decision of the Regional Trial Court of Quezon City in Criminal Case No. Q-95-63818...
Promulgated on 2005-05-12

599. CA GR SP 86890: ZEPHYR CORPORATION, et. al. vs. NLRC, et. al.
In this petition for certiorari under Rule 65 of the 1997 Rules of Civil Procedure, the petitioners pray for the issuance of a temporary restraining order and/or preliminary injunction against the following: (1) the resolutions1 dated January 30, 2004...
Promulgated on 2005-05-12

600. CA GR SP 52774: Katherine Wu Chong, et al. vs. Hon. Leonardo L. Leonida, etc., et al.
Assailed in this petition for certiorari are two orders of the lower court (RTC, Br. 27, Sta. Cruz, Laguna) in Civil Case No. SC-1534 (David T. Chiong, Plaintiff, versus Benicio Eusebio, et al., Defendants) (pp. 40 & 43, Rollo)....
Promulgated on 2005-05-12

601. CA GR SP 52129: Asian International Builders Corp. vs. N.L.R.C. & William S. Quinto
Before Us is a Petition for certiorari dated 23 March 1999, with prayer for the issuance of the writ of preliminary injunction assailing the Decision of Labor Arbiter Alan L. Roxas of the National Labor Relations Commission, Sub-Regional Arbitration B...
Promulgated on 2005-05-12

602. CA GR CV 79956: People of the Philippines, Wise & Co., Inc., etc. vs. Rene Carlos Barretto
Before this Court is an appeal on the civil aspect of the Decision dated 10 April 2003, rendered by the Regional Trial Court, National Capital Judicial Region, Branch 148, Makati City, in the case entitled, People of the Philippines vs. Rene Barretto...
Promulgated on 2005-05-12

603. CA GR CV 55443: Hrs. of Abelardo Pelayo vs. Carrion Bangayan Y Nonato, et al.
Before this Court is an appeal filed by the appellants assailing the Orders dated 07 December 1993 and 20 May 2004 of Hon. Stella Cabuco-Andres of the Regional Trial Court, 4th Judicial Region, Branch 31, San Pedro, Laguna in the case entitled People...
Promulgated on 2005-05-12

604. CA GR SP 89279: Cecilia Castillo, et al. vs. Angeles Balinghasay, et al.
Before Us is a Petition for Review dated 28 April 2005 under Rule 43 of the 1997 Rules of Civil Procedure. A cursory review of the Petition shows that it is not accompanied by a sworn certification of forum shopping of petitioner Medical Center Para?aq...
Promulgated on 2005-05-12

605. CA GR SP 41556: Sps. Benjamin & Norma Garcia vs. Hon. Monina Zenarosa, etc., et al.
Before this Court is an Amended Petition for Certiorari with Prayer for Preliminary Injunction and/or Temporary Restraining Order1 dated 08 October 1996 assailing the Order2 dated 24 April 1996, denying petitioners's Motion to Quash Order of Execution, a...
Promulgated on 2005-05-12

606. CA GR CV 57329: Alfonso S. Enriquez vs. San Miguel Corp., et al.
Before this Court is an appeal filed by appellant assailing the Decision rendered by Hon. Florito S. Macalino of the Regional Trial Court, National Capital Judicial Region, City of Pasig, Branch 267 in the case entitled Alfonso L. Enriquez vs. San Mi...
Promulgated on 2005-05-12

607. CA GR SP 75272: RAMON CRESCINI a.k.a. BOMBIE & BOMBILYA vs HON. JAIME CONTRERAS and PEOPLE
Assailed in the present petition for certiorari filed under Rule 65, 1997 Rules of Civil Procedure are the: (i) Order dated January 10, 2003 of public respondent Judge Jaime E. Contreras denying the omnibus motion filed by petitioner Ramon Crescini prayi...
Promulgated on 2005-05-12

608. CA GR SP 65572: Atty. Romeo A. Liggayu vs. Virgilio R. Angelo
Appeal by petition for review to nullify the March 30, 2001 Decision, as modified by the April 18, 2001 Order, and May 15, 2001 Order of the Office of the Ombudsman in OMB-ADM-0-00-0671 entitled "Ricardo G. Golpeo, Complainant, versus Romeo A. Liggayu...
Promulgated on 2005-05-12

609. CA GR CV 28232: PEOPLE OF THE PHILIPPINES vs RICARDO GUTTAN Y BALLINAN
This is an appeal from the January 28, 2004 Decision of the Regional Trial Court, Branch 127, Caloocan City, finding appellant Ricardo Guttan y Ballinan guilty beyond reasonable doubt of having committed a Violation of Section 11, Article II, Republic Act...
Promulgated on 2005-05-12

610. CA GR CV 81166: ANTONIO DE BORJA vs REPUBLIC OF THE PHILS.
In a Motion to Withdraw Appeal dated March 30, 2005 filed by appellant Republic of the Philippines, through the Office of the Solicitor General, it is stated that after a re-examination of the case, (it) determined that no public interest in the instant c...
Promulgated on 2005-05-12

611. CA GR CV 79591: Conrado A. Arceo, Jr., et al. vs. Harsinder Bojwani, et al.
Before this court is a petition for review the order dated October 22, 2001 of the Regional Trial Court, Second Judicial Region Branch 36 of Santiago City docketed as Civil Case No. 36- 2955....
Promulgated on 2005-05-11

612. CA GR SP 88143: FEDERICO S. SOLA vs. THE HONORABLE JUDGE SIXTO MARELLA, JR. of Makati, et al.
1. To GRANT private respondent's Motion For Extension of Thirty (30) days from April 21, 2005, or until May 21, 2005, within which to file the comment in this case;...
Promulgated on 2005-05-11

613. CA GR SP 81339: EQUITABLE PCI BANK vs HON. SIMEON DATUMANONG, SEC. OF JUSTICE AND ERNEST JENG
This is a petition for certiorari filed under Rule 65, 1997 Rules of Civil Procedure assailing the (i) Resolution dated June 27, 2003 of public respondent Secretary of Justice Simeon Datumanong which reversed the Resolution of the City Prosecutor of Makat...
Promulgated on 2005-05-11

614. CA GR CV 82238: HILDA B. COLET-GARCIA VS. MUNICIPALITY OF LICUYAN-BAAY
For failure of defendant-appellant to file a brief within the reglementary period, 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 2005-05-11

615. CA GR SP 82233: REYNALDO B. SUAREZ, JR., vs GAMBOA PINEDA & SONS by Melanie G. Quebral,
This is a Petition for Review under Rule 42 of the Revised Rules of Court seeking to reverse and set aside the January 23, 2004 Decision1 issued by the Regional Trial Court of Quezon City affirming in toto the July 3, 2003 Decision2 of the Metropolitan...
Promulgated on 2005-05-11

616. CA GR CV 61713: Emelita Gonzales-Orlino vs. Santiago D. Orlino, et al.
Subject of the present appeal is the September 9, 1998 decision of the Regional Trial Court of Pasig City, Branch 70, in JDRC No. 3582, declaring the marriage between petitioner Emelita Gonzales-Orlino and respondent Santiago Orlino to be null and void...
Promulgated on 2005-05-11

617. CA GR SP 77177: The Manila Banking Corp. vs. Commissioner of Internal Revenue
This is a petition for review which prays, among others, to: 1. declare that BIR Ruling 007-2001 valid; 2. grant petitioner?s claim for refund or tax credit of the Minimum Corporate Income Tax it has paid for taxable year 1999 in the amount of Thirty T...
Promulgated on 2005-05-11

618. CA GR CV 60669: SPOUSES ALFREDO P. PACIS AND CLEOPATRA D. PACIS vs JEROME JOVANNE MORALES
The case at bar is an appeal from the April 8,1998 Decision1 of the Regional Trial Court, Branch 59, Baguio City, for damages filed by spouses Alfredo P. Pacis and Cleopatra D. Pacis(plaintiffs-appellees) against Jerome Jovanne Morales (defendant-appellan...
Promulgated on 2005-05-11

619. CA GR CV 56128: VIctoriano Dela Peña, et al. vs. Sps. Vicente ALonzo & Ligaya Dela Peñ
The instant appeal seeks to reverse and set aside the June 23, 1997 decision of the Regional Trial Court of San Fernando, Pampanga, Branch 48 in Civil Case No. 10534 which disposed of the complaint for judicial partition filed by the plaintiffs-appellee...
Promulgated on 2005-05-11

620. CA GR CV 55939: Ernestina Salcedo, etc. vs. Engr. Eduardo Jovero
This action for recovery of possession and annulment of document with damages was commenced before the Regional Trial Court of Tabaco, Albay, Branch 15, filed by plaintiff-appellee Ernestina Salcedo, represented by her attorney-in-fact Brimel Bautista, ag...
Promulgated on 2005-05-11

621. CA GR CV 70428: MIGUEL L. TOLEDO vs REPUBLIC OF THE PHILIPPINES
On appeal to Us is the decision of the Second Municipal Circuit Trial Court of Silang, Cavite in LRC Case No. 2000-252,...
Promulgated on 2005-05-11

622. CA GR SP 87065: Joseph B. Bunda vs. NLRC, et al.
The instant petition seeks the reversal of the Resolution rendered by the National Labor Relations Commission (NLRC for brevity) on August 4, 2004, dismissing petitioner?s appeal and affirming the judgment issued by the Labor Arbiter....
Promulgated on 2005-05-11

623. CA GR SP 83272: Michaelmar Phils., Inc., et al. vs. NLRC, et al.
This is an illegal dismissal case arising from the repatriation of a seaman before his tour of duty ended because he was discovered taking drugs. The labor courts had spoken in discordant voices over this factual question....
Promulgated on 2005-05-11

624. CA GR CR 00636: PEOPLE vs ROSITA SALIM y ADIGUE
This is an appeal assailing the Decision of the Regional Trial Court of Antipolo City in Criminal Case No. 95-12038,...
Promulgated on 2005-05-11

625. CA GR SP 89385: Wilfredo Yabut, et al. vs. The Province of Batangas, et al.
This petition for certiorari is fatally defective for the following reasons: 1. There is no certification against non-forum shopping. 2. The Presiding Judge of the RTC whose order is assailed has not been served with copy of the petition as required by S...
Promulgated on 2005-05-11

626. CA GR CV 81198: ADELMO AGACITE y GARCIA vs. DEXTER C. ALAMILLO and PONCIANO P. ALAMILLO
Dexter C. Alamillo and Ponciano P. Alamillo seek a reversal of the Decision dated July 18, 2003 of Branch 68 of the Regional Trial Court of Camiling, Tarlac in Civil Case No. 01-11, entitled "Adelmo Agacite y Garcia vs. Dexter C. Alamillo and Ponciano...
Promulgated on 2005-05-11

627. CA GR CR 28330: PEOPLE OF THE PHILIPPINES vs AMELIA TERNIDA
The appellant Amelia Ternida (or hereafter Ternida) was charged before the Regional Trial Court in Makati City with the Violation of B.P. Blg. 22 allegedly committed as follows:That on or about the 19th day of March, 1987, in the Municipality of Makati,...
Promulgated on 2005-05-11

628. CA GR SP 86480: ABOSTA SHIPMANAGEMENTCORPORATION and PANSTAR SHIPPING CO., LTD. vs TERESITA E. APAYAT,
The Motion to Withdraw as Counsel for the Petitioner dated April 27, 2005 filed by Estrada and Associates Law Offices, with conformity of petitioner, is granted. The Entry of Appearance dated April 28, 2005 filed by Del Rosario and Del Rosario as counsel...
Promulgated on 2005-05-11

629. CA GR CV 56330: Theresa Marie Borja Poblete, et al. vs Ramon L. Borja
This is an appeal filed by plaintiffs-appellants Theresa Marie Borja Poblete, Stella Borja Morin, Elizabeth L. Borja and Carolyn L. Borja from the Decision1 of the Regional Trial Court, Branch 105, Quezon City in Civil Case No. Q-95-25556, dismissing th...
Promulgated on 2005-05-11

630. CA GR CV 78855: PHILAM INSURANCE COMPANY, INC., VS JERRY R. PILLERA ET.AL.
For consideration are: 1) Defendants-appellants' Motion for Reconsideration; 2) Motion to Set Aside Both the Decision of RTC, Branch 147 of Makati City and the Decision of this Honorable Court's 15th Division; and 3) plaintiff-appellee's Comment/Opposit...
Promulgated on 2005-05-11

631. CA GR SP 83362: ANTONIO CRUZ, ETC. vs. HON. JOSE G. PANEDA, ETC., et al.
Petitioner seeks reconsideration of Our Resolution dated June 4, 2004 which dismissed the petition for failure to attach affidavits of witnesses or documents supporting the cause of action or defense as required by Section 4, Rule 47 of the 1997 Rules of...
Promulgated on 2005-05-11

632. CA GR CV 82242: SPS. ESMERALDO LOPEZ et al., vs DEVELOPMENT BANK OF THEPHILIPPINES, ET AL.,
For failure of plaintiffs-appellants to file a brief within the reglementary period, 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 2005-05-11

633. CA GR CV 82433: SPS. ENRICO & LIGAYA CODILLA vs HOME DEV?T. MUTUAL FUND et al.,
For failure of plaintiffs-appellants to file a brief within the reglementary period, 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 2005-05-11

634. CA GR SP 88716: PILAR DEVELOPMENT CORP. vs HON. JUDGE CESAR A. MANGROBANG et.al.
This is a petition for certiorari and prohibition with prayer for the issuance of a temporary restraining order (TRO) seeking to annul and set aside the Orders of the Regional Trial Court, Branch 22 of Imus, Cavite dated February 21, 20051 and February...
Promulgated on 2005-05-11

635. CA GR SP 84303: Azeal Transport Service, et al. vs. NLRC, et al.
Challenged in this petition for certiorari is the February 26, 2004 Resolution of the National Labor Relations Commission (NLRC) Second Division in NLRC NCR CA No. 034297-03 which affirmed the Decision of the Labor Arbiter dated November 29, 2002....
Promulgated on 2005-05-11

636. CA GR CV 65553: Li Seng Giap & Sons, Inc. vs. Ngo Sin Sing and Ticia Dy Ngo, et al
We resolve separate appeals from a decision of the Regional Trial Court of Manila adjudicating a dispute over the question of who should be held responsible for the injury to the building of the plaintiff when the defendants excavated the adjoining lot fo...
Promulgated on 2005-05-11

637. CA GR CR 00909: THE PEOPLE OF THE PHILIPPINES vs. PORFIRIO HALOS Y MAGANITO
We cannot adequately express our revulsion for the nauseating offense committed by the accused-appellant upon the defenseless five year old girl who had not yet left her childhood years when she was rudely forced into an act of sordid sex....
Promulgated on 2005-05-11

638. CA GR CV 48804: Sps. Herminio & Ligaya Villanueva vs. Development Bank of the Philippines, etc.
On appeal before this Court is the August 3, 1994 order of the Regional Trial Court of Odiongan, Romblon, Branch 82 granting the Manifestation With Motion To Dismiss filed by the defendant-appellee Development Bank of the Philippines which dismissed for...
Promulgated on 2005-05-11

639. CA GR CR 27531: People vs. Miriam Savaris Dua
Appellant Miriam Savaris Dua was charged with the crime of four (4) counts of Theft Thru Falsification of Commercial Documents before the Regional Trial Court (RTC) of Makati City, Branch 133...
Promulgated on 2005-05-11

640. CA GR CV 81263: LAURA RIVERA, ET AL., vs EDUARDO CRUZ and ESTER CRUZ
The appellee Laura Rivera assisted by her husband Rogelio Rivera and represented by her attorney-in-fact Cielo Salburo (or the Riveras unless individualized), sued the spouses appellants Eduardo Cruz and Ester Cruz (or the Cruzes unless individualized) b...
Promulgated on 2005-05-10

641. CA GR CR 25362: PEOPLE OF THE PHILIPPINES vs HENRY SY
In view of the manifestation of counsel for accused-appellant Henry Sy that the latter passed away, the Court directed the Office of the Solicitor General (OSG) to file comment and the National Statistics Office, the City Civil Registrar and St. Luke's Me...
Promulgated on 2005-05-10

642. CA GR SP 85858: Ninoy Aquino International Airport Transport Services Cooperative, Inc. vs NLRC, et al.
This is the Petition for Certiorari filed by petitioners Ninoy Aquino International Airport Transport Service Cooperative Inc. (NAIATSCI), its President Carlos Pineda (Pineda) and General Manager Ramil Beria (Beria) seeking to annul and set aside the Nati...
Promulgated on 2005-05-10

643. CA GR CV 61579: EDWIN D. GUTIERREZ vs UTILITY ASSURANCE CORPORATION,
Challenged in this appeal is the September 30, 1998 Decision1 of the Regional Trial Court, Branch 121, Caloocan City, which dismissed the complaint for specific performance with damages filed by appellant Edwin D. Gutierrez against appellee Utility Assura...
Promulgated on 2005-05-10

644. CA GR CV 78583: ROSEMOOR MINING AND DEV. CORP., ET AL., vs REGISTER OF DEEDS FOR THE PROVINCE OF BULACAN,ET AL
The appellees Rosemoor Mining and Development Corporation (hereafter Rosemoor for brevity) and Dra. Lourdes S. Pascual (or Dra. Pascual) filed with the Regional Trial Court in Malolos, Bulacan (or RTC), a petition for Injunction with Damages, with Urgent...
Promulgated on 2005-05-10

645. CA GR SP 87924: SPOUSES SIMEON and ZENAIDA G. MALONZO vs VISITACION CAMINAS et.al.
This is an appeal from the Orders, dated August 16,2004 and November 4, 2004, of the Regional Trial Court (RTC) of Caloocan City, Branch 122, rendered in Civil Case No. C-774, a special civil action for certiorari....
Promulgated on 2005-05-10

646. CA GR CV 78245: ROSARIO PROPERTY MANAGEMENT CORPORATION vs SPS. DATINGUINOO
Considering that the respondents-appellants failed to comply with the resolution of the Court dated 02 February 2005, pursuant to Section 1(h), Rule 50, of the 1997 Rules of Civil Procedure, the appeal is hereby DISMISSED and the brief of the responden...
Promulgated on 2005-05-10

647. CA GR CV 72635: Alsons Land Corp. vs. R.P.
Fearful of consequences more imagined than real, lawyers of the Solicitor General have filed a notice of appeal from an order of the trial court that was actually in their favor....
Promulgated on 2005-05-10

648. CA GR CV 60009: Stella Marie Layug-Robillos vs. Theodore Al Lopez Robillos, Republic of the Philippines
Before this Court is an appeal filed by oppositor-appellant, Republic of the Philippines, through the Office of the Solicitor General (OSG), assailing the Decision1 dated 24 May 1995 of the Regional Trial Court, National Capital Judicial Region, Pasig...
Promulgated on 2005-05-10

649. CA GR CV 79607: Reynolds Philippines Corp. vs. E. Ganzon, Inc.
Before this court is an appeal filed by appellant E. Ganzon, Inc., assailing the Decision dated 26 September 2002 rendered by Hon. Cesar A. Mangrobang of the Regional Trial Court, Fourth Judicial Region, Branch 22, Imus, Cavite....
Promulgated on 2005-05-10

650. CA GR CV 81813: HEIRS OF RAFAEL VALENZUELA, et al., vs. JOHN REY T. MAHINAY and SPOUSES RANIE and NENITA BULORON
This is an appeal from the Decision dated January 9, 2004 of the Regional Trial Court of Paranaque City, Branch 258, in Civil Case No. 99-0160, entitled "The Heirs of Rafael Valenzuela, represented by Atty.-in-fact, Placida Valenzuela versus Sps. Ranie...
Promulgated on 2005-05-10

651. CA GR SP 84629: HILARIO ALDERITE vs ISAURO FLORIANO
This pertains to the Motion for Reconsideration filed by petitioner through counsel seeking for the reconsideration of the resolution dated July 29, 2004, the dispositive portion of which reads: WHEREFORE, in view of the foregoing, the instant petition is...
Promulgated on 2005-05-10

652. CA GR SP 89106: CONCHITA VALENZUELA vs HON. GERALDINE C. FIEL-MACARAIG, et al.
This pertains to the Petition for Annulment of Judgment in LRC Case No. 2001-508-Mk and Cancellation of T.C.T No. N-130857 with Damages filed on 30 March 2005....
Promulgated on 2005-05-10

653. CA GR CV 81478: HELEN G. GAMBOA vs FINANCIAL BUILDING CORP. & HOME GUARANTEE CORP.
On August 2, 2004, a Resolution was issued by this Court requiring the defendant-appellant within five (5) days to remit the amount of P5.00 in order to complete the docket and other legal fees. (Rollo, p. 7). On August 19, 2004, the defendant-appellant r...
Promulgated on 2005-05-10

654. CA GR SP 89380: SAMEER OVERSEAS PLACEMENT AGENCY, INC. vs JOSUE LIPATA, JR., et al.
This pertains to the Petition forcertiorari, Prohibition with Preliminary Injunction and Prayer for Temporary Restraining Order under Rule 65 of the 1997 Rules of Court filed on 20 April 2005. A perusal of the records of the instant petition shows the fo...
Promulgated on 2005-05-10

655. CA GR CV 80464: BERNABE & ESTRELLA PUBLISHING HOUSE, INC vs M.P. CALDEO CONSTRUCTION CORPORATION and ELENA LIBOON
This is an appeal from the Resolution dated 1 July 2003 and the Order dated 26 August 2003 both issued by the Regional Trial Court of Pasay City, Branch 117. The facts of the case:Plaintiff-appellant Bernabe & Estrella Publishing House, Inc. (B & E f...
Promulgated on 2005-05-10

656. CA GR CV 83661: Philam Insurance Co., Inc. vs. Geologistics, Inc.
The Compliance with the Resolution dated March 18, 2005 filed by defendant-appellant's counsel submitting therewith a Secretary's Certificate showing his authority to enter into compromise agreement or amicable settlement, is hereby NOTED....
Promulgated on 2005-05-10

657. CA GR CR 27277: People vs. Fernando Pascual Cano
Accused-appellant Fernando Pascual Cano (or appellant) appeals from the decision1 dated December 16, 2002 of the Regional Trial Court of Capas, Tarlac, Branch 66, in Criminal Case No. 1138 convicting him of the crime of homicide....
Promulgated on 2005-05-10

658. CA GR SP 71180: MAGSAYSAY MARITIME CORPORATION and KIKUYO MARITIME COMPANY, LTD. vs NLRC (FIRST DIVISION), ET AL.
This is a petition for Certiorari with Prayer for the Issuance of a Writ of Preliminary Injunction and/or Temporary Restraining Order under Rule 65 of the Rules of Court assailing the Decision of respondent National Labor Relations Commission (NLRC), F...
Promulgated on 2005-05-09

659. CA GR CV 82750: ANTONIO YAP, ET AL. vs ERNESTO YU, ET AL.
The Court GRANTS the Motion to Withdraw Appeal filed by the petitioners-appellants (Rollo, pp. 57-59) considering that the parties have arrived at an amicable settlement of their disputes....
Promulgated on 2005-05-09

660. CA GR SP 86026: PRINCE JUN CONDOMINIUM ASSOCIATION, INC. vs EQUINOX MANAGEMENT SERVICES, INC.
This is a Petition for Review under Rule 42 of the 1997 Rules of Civil Procedure from the Decision of the Regional Trial of Court of Quezon City, Branch 101, dated 20 July 2004 (Rollo, pp. 5-6), which affirmed the Decision of the Metropolitan Trial Cour...
Promulgated on 2005-05-09

661. CA GR SP 84064: Eulalio B. Menia Jr., et al. vs. RTC Judge, Branch 21, Manila, et al.
This is a special civil action for certiorari under Rule 65 of the 1997 Revised Rules on Civil Procedure seeking the nullification of the Order dated 22 November 2003 issued by the Regional Trial Court (RTC) of Manila, Branch 21, in Civil Case No. 27721...
Promulgated on 2005-05-09

662. CA GR SP 71863: DANILO G. STA. ROMANA, et al. vs HON. JUDGE, RTC, et al.
This is a petition for certiorari under Rule 65 of the 1997 Rules on Civil Procedure that seeks to suspend the implementation of the writ of execution dated July 22, 20021 issued by the Regional Trial Court of Quezon City, Branch 81 in Civil Case No....
Promulgated on 2005-05-09

663. CA GR CV 62257: JESUSA T. DELA CRUZ and her husband vs TAN TIAC TIONG alias ERNESTO TAN
This case is an appeal from the decision1 of the Regional Trial Court of Quezon City, Branch 96, (RTC, Branch 96) promulgated on October 30, 1998 in Civil Case No. Q-89-1779 the dispositive portion of which states:...
Promulgated on 2005-05-09

664. CA GR CV 75047: Natividad Marquez Vda. de Valderama, et al. vs. Amigo Agro-Industrial Dev. Corp.
This is an appeal from the Order dated 20 May 2002 issued by the Regional Trial Court (RTC) of Malolos, Bulacan, Branch 83, which dismissed the complaint for Recovery of Possession with prayer for Temporary Restraining Order (TRO) and Preliminary Injunct...
Promulgated on 2005-05-09

665. CA GR CV 70922: Fortune Guarantee and Insurance Corp. vs. Apostol A. Jatap, et al.
Before us is an appeal from the Decision dated 5 March 2001 rendered by the Regional Trial Court of Tarlac City, Branch 64, in Civil Case No. 8814,...
Promulgated on 2005-05-09

666. CA GR CV 68188: Reliways, Inc. vs. Cecilio N. Aquino, Jr., et al.
Before this Court are the twin appeals of Cecilio Aquino, Jr. and Philamer Torio from the Decision dated 05 April 2000 of the Regional Trial Court (RTC) of Pasay City, Branch 118, holding them jointly and severally liable for their unpaid loan to Reliw...
Promulgated on 2005-05-09

667. CA GR SP 85967: WARNER LAMBERT PHILIPPINES, INCORPORATED vs. N L R C, et al.
The key issue in this petition for certiorari under Rule 65 of the 1997 Rules of Civil Procedure is whether an employee who was legally dismissed from the service for gross misconduct is entitled to retirement benefits....
Promulgated on 2005-05-09

668. CA GR CV 71317: Jonel U. Rivera, et al. vs. Jose Dulnuan, et al.
The question presented in this appeal is whether or not in an action for recovery of possession where the identity of the land is in issue, it is sufficient that the plaintiffs present their certificate of title and tax declarations to prove their cause o...
Promulgated on 2005-05-09

669. CA GR SP 89323: Gulf Pacific Security Agency vs. DOLE, et al.
Before this Court is a Petition for Certiorari under Rule 65 of the 1997 Revised Rules of Civil Procedure assailing the Order dated February 7, 2005 of the public respondent Secretary of the Department of Labor and Employment (DOLE)...
Promulgated on 2005-05-09

670. CA GR SP 89274: CEFERINO SARMIENTO, ET AL. vs ENCARNACION J. SARMIENTO
No such petition for review having been filed as of date hereof despite the extension of time given the petitioners within which to do so, the above-entitled case is hereby deemed ABANDONED and accordingly DISMISSED....
Promulgated on 2005-05-09

671. CA GR CV 76353: MANUEL TAN VS. EAC DISTRIBUTORS., INC., ET. AL.
This is an appeal from the Decision dated March 25, 2002 of the Regional Trial Court of Quezon City, Branch 227 in Civil Case No. Q-99-39398...
Promulgated on 2005-05-09

672. CA GR CV 67060: Titan Ikeda Construction and Dev. Corp., et al. vs. Maritime Consortium Management SDN BHD, et al.
This is an appeal from the decision of Branch 267, Regional Trial Court, National Capital Judicial Region, Pasig City in Civil Case No. 65678...
Promulgated on 2005-05-09

673. CA GR CV 47936: Mamerto Sibulo Jr. vs. Ricardo Mendoza, et al.
This is an appeal from the Decision of the Regional Trial Court (RTC) of Antipolo, Rizal, Branch 74, in Civil Case No. 1218-A, dismissing the complaint filed by appellant Mamerto Sibulo, Jr. against appellees Ricardo Mendoza and Baclaran Marketing, Inc....
Promulgated on 2005-05-09

674. CA GR SP 88732: Lita Solis et.al. vs Hon. Elizaveth Yu- Guray et.al.
This is a petition for certiorari and prohibition under Rule 65, with prayer for injunctive relief/s, seeking to annul and set aside the Order dated January 25, 2005 granting the motion for execution pending appeal filed by private respondent corporation...
Promulgated on 2005-05-09

675. CA GR CV 80587: PHILIPPINE CHARTER INSURANCE CORPORATION vs MACLEOD SHIPPING AND ALLIED SERVICES, INC., et.al.
This is an appeal from the Decision dated March 21, 2003 of the Regional Trial Court of Manila, Branch 2 in Civil Case No. 95-76293 for damages, the dispositive portion of which reads as follows:WHEREFORE, in the light of the foregoing, judgment is hereby...
Promulgated on 2005-05-09

676. CA GR CR 00114: PEOPLE OF THE PHILIPPINES vs PATRICIO PIOQUINTO
This is an appeal covered by the rule on automatic review to the Supreme Court remanded to this Court pursuant to the amended Rule 124 of the 2000 Revised Criminal Procedure as instructed by the case of People vs. Mateo1 from the 05 June 2002 Decision of...
Promulgated on 2005-05-09

677. CA GR SP 75417: Alabang Country Club, Inc., et al. vs. NLRC, et al.
The Court's primary duty is to render and dispense justice. A litigation is not a game of technicalities. Lawsuits unlike duels are not to be won by a rapier's thrust. Technicality, when it deserts its proper office as an aid to justice and becomes a grea...
Promulgated on 2005-05-09

678. CA GR CR 00249: People vs. Graciano dela Cruz, Sr.
This is an appeal from the joint Decision rendered on April 28, 1999 by Branch 21, Regional Trial Court, Third Judicial Region, Malolos, Bulacan, convicting accused-appellant Graciano dela Cruz in Criminal Cases Nos. 1226-M-97...
Promulgated on 2005-05-09

679. CA GR CR 27514: People vs. Edwin Larida, Sr.
Appeal by the accused-appellant from the Decision dated May 5, 2003 of the Regional Trial Court of Malolos City, Branch 84, in Criminal Case No. 1182- M-2000...
Promulgated on 2005-05-09

680. CA GR SP 89308: KENNETH MARK F. GARCIA, ET AL. vs HON. ADORACION G. ANGELES, et al.
This pertains to the Petition for Certiorari with Urgent Application for TRO and/or writ of Preliminary Injunction under Rule 65 of the Rules of Court filed by the petitioners on 15 April 2005....
Promulgated on 2005-05-09

681. CA GR CR 00519: PEOPLE OF THE PHILIPPINES vs. JOEY CONCEPCION y PEREZ
Accused-appellant Joey Concepcion y Perez ("appellant," for brevity) appeals from the Decision1 of the Regional Trial Court of Malolos, Bulacan (Branch 12), dated June 24, 2002, in Criminal Case No. 423-M-98, finding him guilty of murder and sentencing...
Promulgated on 2005-05-09

682. CA GR CV 56731: SPS. ALEX and OPHELIA TORRALBA vs DR. RODNEY S. HERMES, et al.
This pertains to the Appellees' Partial Motion for Reconsideration of the Award for Moral Damages which was filed on August 12, 2003 and appellants' Motion for Reconsideration which was filed on September 18, 2003 and together with the parties' respective...
Promulgated on 2005-05-09

683. CA GR CV 54841: Welding Industries of the Philippines, Inc vs. MBL Factors & Traders, Inc.
This is an appeal from the August 14, 1996 Decision of the Regional Trial Court of Pasay City, Branch 113, in Civil Case No. 93-10591 for Collection of Sum of Money, ordering defendant-appellant to pay plaintiff-appellee the sum of P269,625.00 with int...
Promulgated on 2005-05-09

684. CA GR CR 00628: People vs Joseph Jamilosa
We are tasked by the Supreme Court to review the Decision dated December 27, 1999 of the Regional Trial Court of Manila, Branch 6, in Criminal Case Nos. 96-153349 and 96-153350, finding Joseph J. Jamilosa guilty beyond reasonable doubt of the crimes of il...
Promulgated on 2005-05-09

685. CA GR CV 83126: AF REALTY AND DEVELOPMENT, INC. vs CHINA BANKING CORPORATION, ET.AL.
Records show that counsel for petitioner-appellant was already granted several extensions of time to file appellant's brief, amounting to no less than 135 days from the time he received the Notice To File Brief....
Promulgated on 2005-05-09

686. CA GR CV 74126: Sps. Alfredo & Lilia Garcia vs Rural Bank of Anda, Inc.
In the construction or interpretation of an instrument, the intention of the parties is primordial and is to be pursued. If the terms of a contract are clear and leave no doubt upon the intention of the contracting parties, the literal meaning of its sti...
Promulgated on 2005-05-09

687. CA GR CV 83942: CALTEX (PHILIPPINES) INC., vs SOLEDAD SALCEDO, ET AL.,
It appearing that the Notice of Withdrawal of Appeal filed by counsel for plaintiff-appellant already bears the conformity of plaintiff-appellant Caltex (Philippines) Inc., the APPEAL is hereby WITHDRAWN and this case is now deemed TERMINATED....
Promulgated on 2005-05-09

688. CA GR CV 79728: PEDRO L. SULIT, JR. vs. MARY JANET O. BONDOC, et. al.
Psychological incapacity should refer to no less than a mental (not physical) incapacity that causes a party to be truly incognitive of the basic marital covenants that concomitantly must be assumed and discharged by the parties to the...
Promulgated on 2005-05-09

689. CA GR SP 88901: CAPT. ALBERTO C. COMPAS vs ULYSSES M. MOLO
This pertains to the Petition for Certiorari filed by petitioner on 14 March 2005. A perusal of the records of the instant petition shows that petitioners failed to implead the NLRC as public respondent....
Promulgated on 2005-05-09

690. CA GR SP 88135: Advanced Fashion, Inc. vs Sec. of DOLE, et al.
In any establishment where there is no certified bargaining agent, a certification election shall automatically be conducted by the Med-Arbiter upon the filing of a petition by a legitimate labor organization....
Promulgated on 2005-05-09

691. CA GR SP 84199: Ariel Floralde Balmaceda vs. RTC-Br. 217, Quezon City, et al.
Impugned in this petition for certiorari as tainted with grave abuse of discretion, amounting to lack or excess of jurisdiction, is the Decision dated April 28, 2004 of the Regional Trial Court (or RTC) of Quezon City, Branch 217, in Election Case No. Q-...
Promulgated on 2005-05-09

692. CA GR CV 56298: Milagros Yee, et al. vs Rep. of the Phils.
Can a minor with surviving parents be a subject of a guardianship proceedings?...
Promulgated on 2005-05-09

693. CA GR SP 66807: Federico R. Buenaventura, Sr. vs Dr. Gemiliano C. Calling, et al.
Before us is the petition for review filed by Federico R. Buenaventura, Sr. (the petitioner) under Rule 43 of the 1997 Rules of Civil Procedure. The petition seeks to reverse the dismissal by the Office of the Ombudsman (the Ombudsman) of the administrat...
Promulgated on 2005-05-09

694. CA GR CR 28784: PEOPLE OF THE PHILIPPINES vs RUBEN TOMILLOSO, et al
Considering the Compliance/Manifestation filed by the Public Attorney's Office stating therein that accused-appellant Fernando Torralba was tried in absentia and that the inclusion of his name as one of the appellants in the Notice of Appeal was a mist...
Promulgated on 2005-05-09

695. CA GR SP 87020: Bank of the Philippine Islands vs. The R T C of Paranaque City, Br. 257, et al.
In our decision dated February 25, 2005, We granted the instant petition for certiorari and altogether set aside the assailed judgment of the lower court....
Promulgated on 2005-05-06

696. CA GR SP 82618: REYNALDO C. TOLENTINO vs JOSE MA. CORAZON DE JESUS
This pertains to a petition for review under Rule 42 of the 1997 Rules of Court filed by petitioner through counsel on 8 March 2004. On 08 February 2005, a resolution was issued granting the motion for reconsideration filed by the petitioner and directing...
Promulgated on 2005-05-06

697. CA GR CR 28854: PEOPLE vs EUSEBIO BONGAT alias "Boboy"
Based on the report of the Judicial Records Division, no brief has been filed by accused-appellant up to this date....
Promulgated on 2005-05-06

698. CA GR SP 88940: MODESTO L. BUGADOR, ET AL. vs HOME DEVELOPMENT MUTUAL FUND.
This pertains to the Petition for Review under Rule 42 of the Rules of Court filed on 5 March 2005. A perusal of the records shows the following defects and/or infirmities, to wit: 1. The said petition was filed one day late. The decision of the court a...
Promulgated on 2005-05-06

699. CA GR CR 27920: PEOPLE OF THE PHILLIPPINES vs. DENNIS ABAD y ODONO
For failure of the accused-appellant to file his brief within the period required by this Court, the instant appeal is ordered DISMISSED pursuant to Section 8 of Rule 124, Rules of Criminal Procedure, as amended....
Promulgated on 2005-05-06

700. CA GR SP 89041: TIVOLI ROYALE COUNTRY CLUB & JORDAN TOLENTINO vs NLRC & VICTOR PACOT
Section 1, Rule 65 of the 1997 Rules of Court, states: 'xxx. 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, and a swor...
Promulgated on 2005-05-06

701. CA GR SP 87066: HEIRS OF ARTURO REYES vs ELENA SOCCO-BELTRAN
On 9 December 2004, a Resolution was issued by this Court dismissing the petition for having been signed by a representative (Evelyn San Buenaventura) without any Special Power of Attorney and for failure to serve a copy of the petition to the Office of t...
Promulgated on 2005-05-06

702. CA GR SP 85457: JUANITO D. EBERO, vs RAUL DIONISIO, et al.
This pertains to the Motion for Reconsideration filed by the petitioner on December 4, 2004 seeking for the reconsideration of the Decision dated November 30, 2004, the dispositive portion of which reads:...
Promulgated on 2005-05-06

703. CA GR CR 27359: People vs Oliver Buyayo et.al.
This is an appeal from the decision1 of the Regional Trial Court,Branch 14 of Lagawe, Ifugao in Criminal Cases Nos. 819 and 820 for Homicide and Direct Assault, finding herein accused-appellant Roberto Licyayo guilty beyond reasonable doubt of the crime o...
Promulgated on 2005-05-06

704. CA GR CV 83211: JOEL TAN vs. SPS. JESUS &SOLEDAD DAILEG LAGADE, et al.
This is an appeal from the Decision dated April 5, 2004 rendered by the Regional Trial Court (hereafter RTC), Branch 64, Tarlac City in Civil Case No. 9087 for Annulment of Title with Damages, the dispositive portion of which reads as follows:...
Promulgated on 2005-05-06

705. CA GR CV 72783: SPS. CRESENCIO & LEONILA CORPUZ vs. GUILLERMO CAMCAM AND SPS. HAYDEN & LETICIA CABALLES
This is an appeal filed from the decision dated June 29, 2001 of the Regional Trial Court, Branch 72, Narvacan, Ilocos Sur (hereafter RTC) in Civil Case No. 1256-N, the dispositive portion of which reads:...
Promulgated on 2005-05-06

706. CA GR SP 79417: FELICIANO AZUCENA et al vs DOMINADOR ALMEDA AND SONS INC.,
This is a petition for review under Rule 43 of the Rules of Court assailing: (1) the decision of the Office of the President dated April 15, 2003 dismissing petitioners' appeal from the decision of the Department of Agrarian Reform (DAR) granting the a...
Promulgated on 2005-05-06

707. CA GR SP 87136: FIL-ESTATE GOLF AND DEVELOPMENT CORPORATION vs SPOUSES MODESTO AND MILLIONITA DIZON
The records disclose that on November 20, 2001, spouses Modesto Dizon and Millionita Dizon (hereafter, Spouses Dizon) filed before the Housing and Land Use Regulatory Board (hereafter, HLURB) a complaint for delivery of title and damages against respo...
Promulgated on 2005-05-06

708. CA GR SP 80024: VISAYAN CONSOLIDATED SERVICES vs. NLRC, et. al.
Whether or not the private respondent was legally dismissed is the main issue in this petition for certiorari under Rule 65 of the 1997 Rules of Civil Procedure, which questions...
Promulgated on 2005-05-06

709. CA GR SP 89528: Julito C. Quiban vs. Nena Barican
Petitioners' Motion For Extension of Time To File Petition For Review dated May 3, 2005 is DENIED. Petitioners still has sufficient time until May 13, 2005 within which to file her petition for review....
Promulgated on 2005-05-06

710. CA GR CV 81688: GREGORIO ESCALO vs.Ponciano Francisco and EFREN P. LUNA, Sheriff, MTC, BR 37, Quezon City
Litigation must end and terminate sometime and somewhere, and it is essential to an effective administration of justice that once a judgment has become final, the issue or causes therein should be laid to rest...
Promulgated on 2005-05-06

711. CA GR SP 86812: PACITA U. PALACOL et al. vs. NATIONAL LABOR RELATIONS
This is a petition for certiorari under Rule 65, seeking to annul and set aside: (a) the Order dated July 7, 2003 of Labor Arbiter Numeriano D. Villena denying petitioners' motion for recomputation; and (b) the Resolutions of public respondent Nationa...
Promulgated on 2005-05-06

712. CA GR SP 86896: FILOMENA L. VILLANUEVA vs PETRA C. MARTINEZ
This is a petition for review under Rule 43 of the Revised Rules of Court assailing the September 15, 2004 Resolution1 of the Office of Deputy Ombudsman for Luzon which denied petitioner's Motion for Reconsideration of the July 22, 2003 Decision findin...
Promulgated on 2005-05-06

713. CA GR SP UDK 5297: ANNALIZA M. ICASIANO vs EDGAR C. ICASIANO, JR., et. al.,
In view of the Notice of Withdrawal of the petition filed by petitioner herself with the assistance of counsel, the instant Petition for Habeas Corpus is hereby WITHDRAWN....
Promulgated on 2005-05-06

714. CA GR SP 72649: HEIRS OF TEMISTOCLES L. ABAYARI, SR. vs. HON. FERNANDO PACLIBON, JR., et al.
This is a petition for Annulment of Judgment filed under Rule 47 of the 1997 Rules of Civil Procedure, as amended, by petitioners Heirs of Temistocles L. Abayari, Sr., as represented by their Attorney-In-Fact, Emmanuel F. De Castro seeking to set aside t...
Promulgated on 2005-05-06

715. CA GR SP 83101: CLARITA GARCIA, et. al. vs. HON. DIONISIO C. SISON, et. al.
Before this Court is a petition for certiorari with a prayer for the issuance of a temporary restraining order seeking to annul and set aside the following issuances of the public respondent in Criminal Case No. 335-V-02 for violation of...
Promulgated on 2005-05-06

716. CA GR SP 88007: HAGONOY SPORTS INT'L, INC. et.al. vs RADING S. DEL ROSARIO 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 public respondent Executive Labor Arbiter Isabel P. Ortiguerra's Decision,dated 30 September 2003, declaring p...
Promulgated on 2005-05-06

717. CA GR SP 86833: AMELOU AMON vs NLRC et.al.
In this Petition for Certiorari under Rule 65 of the Revised Rules of Court, petitioner AMELOU AMON seeks to reverse and set aside the Resolution dated February 4, 2004 and the Order dated July 19, 2004 rendered by the First Division of public respondent...
Promulgated on 2005-05-06

718. CA GR CR 00123: People vs Monico Fuentes
As prayed for by the appellant and his counsel, the appeal filed by the appellant is ordered withdrawn and is hereby considered closed and terminated....
Promulgated on 2005-05-06

719. CA GR SP 89136: RONALD BORJA and ROGELIO PINEDA vs. NLRC JENNY M. BERNEDO, ET AL.
For Our consideration is petitioners' Manifestation stating that petitioners have decided not to pursue their petition for certiorari. As such, the petitioners will no longer file their petition. WHEREFORE, for lack of interest in pursuing their petition,...
Promulgated on 2005-05-06

720. CA GR CV 78005: JOSE D. GUEVARRA, et al. vs. TAMBAN WATERWORKS MULTI-PURPOSE COOP, INC., JESSE SAVILLA, et al.
This is an appeal from the Order dated October 22, 2002 and December 4, 2002 issued by the Regional Trial Court (RTC), Branch 63, Calabanga, Camarines Sur, in Civil Case No. RTC 01-150 (CAL), for Injunction with Writ of Preliminary Injunction and Other Re...
Promulgated on 2005-05-06

721. CA GR CV 80897: United Savings Bank vs Jose C. Bakani III
This is an appeal from the Decision dated August 30, 2002 of the Regional Trial Court of Makati City, Branch 134 in Civil Case No. 90-1277 for declaration of nullity of contract filed by the plaintiff bank against the defendant buyer of certain acquired a...
Promulgated on 2005-05-06

722. CA GR CR 28874: PEOPLE vs MELVIN M. STO. TOMAS
Based on the report of the Judicial Records Division, no brief has been filed by accused-appellant up to this date....
Promulgated on 2005-05-06

723. CA GR SP 85596: CONCEPT PLACEMENT RESOURCES, INC., VS NLRC et.al.
In this Petition for Certiorari under Rule 65 of the Revised Rules of Court, petitioner CONCEPT PLACEMENT RESOURCES seeks to reverse and set aside the Decision dated November 28, 2004 and the Resolution dated May 17, 2004 rendered by the First Division o...
Promulgated on 2005-05-06

724. CA GR SP 88975: PABLITO O. LIM, MANUEL A. AGCAOILI, ET AL. vs. HON. RODOLFO R. BONIFACIO, MR. BRUCE ANDERSON
Without necessarily giving due course to the Petition for Certiorari and Prohibition with Prayer for Preliminary Injunction and/or Temporary Restraining Order, the Court hereby directs respondents to file their Comment, not a Motion to Dismiss, within ten...
Promulgated on 2005-05-06

725. CA GR SP 87355: P V P LINER, INC., vs NATIONAL LABOR RELATIONS COMMISSION (First Division) and MARCELINO YBA?EZ,
This is a petition under Rule 65 of the Revised Rules of Court seeking to set aside the following:...
Promulgated on 2005-05-06

726. CA GR SP 83611: EMERALD GARMENT MANUFACTURING CORP. vs HON. RAUL E., DE LEON et.al.
Before Us is a petition for certiorari under Rule 65 of the Rules of Court, with petitioner seeking the nullification and setting aside of public respondent Hon. Judge Raul de Leon's Orders, dated 20 January 2004 and 16 March 2004, denying petitioner's...
Promulgated on 2005-05-06

727. CA GR SP 89371: SPS. RICARDO and PATRICIA SORIANO vs HON. EMMA M. TORIO, et al.
This pertains to the Petition for certiorari under Rule 65 of the Rules of Court with Prayer for Temporary Restraining Order and/or Preliminary Injunction filed on 20 April 2005. CA-G.R. SP No. 89371...
Promulgated on 2005-05-06

728. CA GR SP 82793: ROSALINDA ANGELES vs FELIMON G. ALVAREZ
Before Us is a petition for review under Rule 42 of the Revised Rules of Court assailing the February 2, 2004 Resolution1...
Promulgated on 2005-05-06

729. CA GR CR 00115: PEOPLE OF THE PHILIPPINES vs. LAMBERTO RAFON
This is an appeal from the Decision dated, July 8, 2002, finding Lamberto Rafon (hereafter appellant) guilty beyond reasonable doubt of two counts of Rape rendered by the Regional Trial Court (hereafter RTC), Branch 61, Gumaca, Quezon in Criminal Case Nos...
Promulgated on 2005-05-05

730. CA GR CR 00335: People vs. Raul Bautista
Appealed to Us is the Decision dated September 23, 2002 rendered by the Regional Trial Court of Calauag, Quezon, Branch 63, convicting the accused of the crime of parricide,...
Promulgated on 2005-05-05

731. CA GR CR 28744: People of the Philippines vs. Ricky Tagularao Y Arambulo
This Court sent a notice to file brief dated 29 September 2004 to the accused-appellant's counsel Atty. Juanito T. Dacanay, which was received by one Lito Esteban on 05 October 2004 as shown in the Registry Return Card....
Promulgated on 2005-05-05

732. CA GR SP 79322: Capitol Allied Trading vs Nagkakaisang Manggagawa, etc.
In this Petition for Certiorari with prayer for temporary restraining order and/or preliminary injunction, petitioner seeks to nullify public respondent's: (a) Decision dated April 30, 2003 which directed the conduct of a certification election among pet...
Promulgated on 2005-05-05

733. CA GR SP 67590: Pacita Yap vs Arturo Estacio et.al.
This is a petition for annulment of judgment,instituted by Pacita Yap, seeking to annul and set aside the Decision, dated May 31, 2000, of the respondent Regional Trial Court (RTC) of Olongapo City, Branch 73, rendered in Civil Case No. 211-0-99. It is...
Promulgated on 2005-05-05

734. CA GR CR 00119: People vs. Rogelio Galaw-en y Cuyet
In this appeal from the Decision dated July 31, 2000 of the Regional Trial Court, National Capital Judicial Region, Branch 27 in the City of Manila, appellant Rogelio Galaw-En y Cuyet raises the hue and cries that the lower court erred grievously in...
Promulgated on 2005-05-05

735. CA GR CR 00107: PEOPLE OF THE PHILIPPINES vs. LUIS AYCARDO
On 11 October 2002 the Regional Trial Court of Bulan, Sorsogon City, Branch 65, rendered a Decision (Records, Crim. Case No. 00-387, pp. 124-135) in Criminal Case Nos. 00-387, 00-388 and 00-389 against accused-appellant Luis Aycardo finding him guilty be...
Promulgated on 2005-05-05

736. CA GR CR 00025: People vs. Pedring Banas y Sabatan
In this appeal, Pedring Banas y Sabatan questions the Decision of the Regional Trial Court, Branch 26, of Luna, Apayao convicting him of the crime of murder, on the ground that the evidence adduced by the prosecution do not suffice to overcome the ...
Promulgated on 2005-05-05

737. CA GR SP 68392: RAFAEL BESA, ET AL. vs MARIA BELLA S. INDUCTIVO & NLRC
This is a Petition for Certiorari under Rule 65, Section 4, of the 1997 Rules on Civil Procedure seeking to annul a resolution and a subsequent order promulgated by the National Labor Relations Commission [NLRC] in connection with NLRC NCR CASE NO. 00-01...
Promulgated on 2005-05-05

738. CA GR SP 89432: Jaime Yap, et al. vs. Coca Bottlers Philippines, Inc., et al.
Before this Court is a Petition for certiorari dated 20 April 2005, assailing the Resolutions dated 26 November 2004 and 31 January 2005 of the National Labor Relations Commission (Third Division)....
Promulgated on 2005-05-05

739. CA GR SP 84727: ARTEMIO MAGNAYE, et. al. vs. NLRC, et. al.
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...
Promulgated on 2005-05-05

740. CA GR CV 77034: ESTELA FERNANDEZ FANIO vs. FERDINAND FANIO, et. al.
Whether or not the marriage of the herein parties may be annulled under Articles 45 and 46 of the Family Code on the ground of fraud through concealment by the defendant-husband of his homosexuality, is the main...
Promulgated on 2005-05-05

741. CA GR SP 88319: RENE ANTONIO vs GREGORIO MANAHAN
A perusal of the petition for review reveals the following defects:...
Promulgated on 2005-05-04

742. CA GR CV 57112: Caridad G. Ching, et al. vs .Estrella Tanjueco
Defendant-appellant raises a sole assignment of error in the decision of the Regional Trial Court of Ilocos Norte, Branch 12, docketed as Civil Case No. 10435-12....
Promulgated on 2005-05-04

743. CA GR CV 70895: MARISSA P. BUENAVENTURA vs DEVELOPMENT INSURANCE & SURETY CORPORATION,ET AL
This pertains to the defendant-appellant's Espeleta Transport Corporation's motion for reconsideration filed on May 6, 2004, seeking for...
Promulgated on 2005-05-04

744. CA GR CV 82916: CRISPIN D. RAMOS vs LAND BANK OF THE PHILIPPINES,ET AL.,
Based on the Report of the Judicial Records Division, no brief has been filed by third-party plaintiff-appellant Land Bank of the Philippines within the period prescribed by the Rules....
Promulgated on 2005-05-04

745. CA GR SP 48639: Edna Ongsiako vs. Hon .Sesinando E. Villon, et al.
Alleging grave abuse of discretion, Petitioner Edna Ongsiako seeks a nullification of the Order of the Regional Trial Court of Manila, Branch 24 dated January 21, 1998 which dismissed petitioner's counterclaim on the ground that petitioner?s Answer with ...
Promulgated on 2005-05-04

746. CA GR CV 60449: Mariefe B. Sy-Yun vs. Circle Freight International Philippines
At bar is an appeal from the June 11, 1998 Decision of the Regional Trial Court, Branch 258, Parañaque City, finding defendant-appellant Circle Freight International Philippines liable for breach of contract and ordering it to pay plaintiff-appellee Ma...
Promulgated on 2005-05-04

747. CA GR CV 54317: FREDELIZA E. NAVALTA vs RUBEN ASUNCION,
In this appeal from the decision of the Regional Trial Court, Branch 72, Olongapo City, declaring the nullity of marriage of Fredeliza Navalta and Ruben Asuncion, on the ground of Ruben's psychological incapacity to carry out his marital obligations, t...
Promulgated on 2005-05-04

748. CA GR CV 82964: ORIENT PACIFIC PROPERTIES &MANAGEMENT CORP., vs SEABORD-EASTERNINSURANCE CO., INC.,
For failure of plaintiff-appellant to file an appellant's brief, as required by Section 7 of Rule 44, despite the extensions prayed for by, and granted to, said plaintiffappellant, the appeal is deemed abandoned, and is hereby DISMISSED....
Promulgated on 2005-05-04

749. CA GR SP 88915: ROGELIO N. TARONA, JR. vs NLRC, et al.
The instant Petition for Certiorari dated 14 March 2005 filed 15 March 2005 suffers from the following defects:...
Promulgated on 2005-05-04

750. CA GR CV 82606: REPUBLIC OF THE PHILIPPINES,represented by the BUREAUOF CUSTOMS vs FGU INSURANCE CORP.,
For failure of plaintiff-appellant to file an appellant's brief, as required by Section 7 of Rule 44, the appeal is deemed abandoned, and is hereby DISMISSED....
Promulgated on 2005-05-04

751. CA GR CR 28581: PEOPLE vs RAMON L. UY,
For failure of accused-appellant to file an appellant's brief, as required by Section 7 of Rule 44, despite a motion for extension, the appeal is deemed abandoned, and is hereby DISMISSED....
Promulgated on 2005-05-04

752. CA GR CR 28582: PEOPLE vs RODOLFO ABILENDE,
For failure of accused-appellant to file an appellant's brief, as required by Section 7 of Rule 44, despite the extension prayed for and granted the appeal is deemed abandoned, and is hereby DISMISSED....
Promulgated on 2005-05-04

753. CA GR SP 78159: ALJEM'S CREDIT INVESTORS CORPORATION VS HON. JUDGE WILLIAM M. LAYAGUE, et. al.
This pertains to the motion for reconsideration filed by the petitioner through counsel on April 26, 2004, seeking for the reconsideration of the DECISION rendered by this Court on March 29, 2004, which dismissed the petition for certiorari and mandamu...
Promulgated on 2005-05-04

754. CA GR SP 59161: Sps. Enrique & Norma Ona vs. Hon. Sixto Marella, Jr., etc., et al.
Before Us is a Petition for Certiorari1 under Rule 65 of the Rules of Court alleging grave abuse of discretion against public respondent Hon. Sixto Marella Jr. in his capacity as presiding judge of the Regional Trial Court Makati City Branch 138....
Promulgated on 2005-05-04

755. CA GR CV 64263: PHILAM INSURANCE COMPANYINC. et al., vs MITSUI O.S.K. LINES, LTD.,et al.,
This is an appeal from the decision of the Regional Trial Court, Branch 145, Makati City, the dispositive portion of which reads:...
Promulgated on 2005-05-04

756. CA GR SP 65810: ROSITA DAVID vs. HON. HERNANDO B. PEREZ, et al.
THE PRIVATE RESPONDENT PRAYS FOR RECONSIDERATION OF THE DECISION DATED MARCH 15, 2005 ON THE FOLLOWING GROUNDS, TO WIT:...
Promulgated on 2005-05-04

757. CA GR SP 87399: Ferdinand O. Cosejo vs. Cristofin J. Nantes, et al.
An appeal has been taken to Us by Ferdinand Cosejo from the order of the Regional Trial Court of Lucena City, Branch 55, dismissing his petition for quo warranto and mandamus against Cristofin Nantes and Allan Poe Carmona....
Promulgated on 2005-05-04

758. CA GR CV 77070: BPI Family Savings Bank, Inc. vs. Sps. Ernesto B. Dela Cruz & Emerenciana Dela Cruz
Before this Court is an appeal seeking the reversal of the Decision1 dated 26 August 2002 and the Order dated 06 January 2003 denying the motion for reconsideration, rendered by Presiding Judge Marissa Macaraig- Guillen of the Regional Trial Court of M...
Promulgated on 2005-05-04

759. CA GR SP 78974: TERESITA TAN TIONG vs BERNARDO G. OCAMPO,ET AL
Before Us is the Petitioners' Motion to Declare private respondent Ocampo in default filed on 15 February 2005.A cursory evaluation of the records reveals that in this Court's resolution dated 1 February 2005, private respondent Ocampo was given five (5...
Promulgated on 2005-05-04

760. CA GR SP 88939: SPS. ROQUE TY AND ANDREA TY vs. VIRGINIA CHE as represented by RANULFO RAMIL CERDENO,
The instant petition for review was dismissed, inter-alia, for failure to contain a written explanation why it was not personally filed with this court, and personally served upon the private respondent....
Promulgated on 2005-05-04

761. CA GR SP 87580: PHILIP G. SEE vs. R T C OF PASIG CITY, BR. 162 and PLASTIC CONTAINER PACKAGING CORPORATION,
This treats of: (a) Petitioner's Motion for Reconsideration dated January 11, 2005 and private respondent's Comment thereto and (b) Petitioner's Urgent Motion For Issuance of A Status Quo Order dated February 4, 2005....
Promulgated on 2005-05-04

762. CA GR SP 38315: SPS. AURELIO & DIVINA BELTRAN, et al. vs MAPAYAPA HOMEOWNERS, INC.
For resolution are: (1) the Explanation With Motion to Withdraw Appearance of private respondents' former president; (2) petitioners Manifestation and Motion to Approve Compromise Agreement and; (3) petitioners' Motion for Reconsideration on our January...
Promulgated on 2005-05-04

763. CA GR SP 75922: MEDINO L. ACUBA vs FERNANDO A. JABOLI, JR.
This pertains to the respondent's motion for reconsideration filed on September 24, 2003, seeking for the reconsideration of the decision rendered by this Honorable Court dated August 28, 2003, the dispositive portion of which reads:...
Promulgated on 2005-05-04

764. CA GR CR 19836: People vs. Neil Llamas y Castromayor
The Office of the Solicitor General has recommended the acquittal of the accused Neil Llamas who was found guilty by the Regional Trial Court of Manila of unlawful possession of .0248 gram of methamphetamine hydrochloride, otherwise known by its street...
Promulgated on 2005-05-04

765. CA GR SP 80514: GILBERT O. FAVOR representing ALFONSO S. FAVOR vs HON. JUDGE ARSENIO P. ADRIANO, etc., et al,
This is a petition for certiorari and prohibition with prayer for the issuance of a temporary restraining order and/or writ of injunction under Rule 65 of the Rules of Court assailing the following Orders of respondent Judge Arsenio P. Adriano of the R...
Promulgated on 2005-05-03

766. CA GR CV 72101: LAURA BAUTISTA ADORABLE vs ROSAURO BARAVIO ADORABLE
This is an appeal from the Decision of the Regional Trial Court of Las Pinas dated March 22, 2001 relative to the Petition for Declaration of Nullity of Marriage docketed as LP-00-0017...
Promulgated on 2005-05-03

767. CA GR SP 85182: ANSUICO, INCORPORATED vs. DEPARTMENT OF LABOR AND EMPLOYMENT, et al.
We have assiduously perused the ratiocinations and arguments in petitioner's Motion For Reconsideration as well as those contained in private respondents' Comment thereon of the petitioner and found the motion offering no compelling reason to modify, r...
Promulgated on 2005-05-03

768. CA GR CR 22680: People of the Philippines vs. Teresita Calamanan
Before this Court is an appeal filed by the appellant assailing the Joint Decision1 dated 26 January 1998 of the Regional Trial Court, Third Judicial Region, Branch 26, Cabanatuan City in the case entitled, "The People of the Philippines vs. Teresita C...
Promulgated on 2005-05-03

769. CA GR CR 26863: People of the Philippines vs. Honorio Q. David
Before this Court is an appeal assailing the Decision1 dated 18 September 2002, promulgated on 27 September 2002, of the Regional Trial Court, Third Judicial Region, Branch 45 of the City of San Fernando....
Promulgated on 2005-05-03

770. CA GR SP 38504: Manila Electric Company vs. Hon. Federico A. Tanada, et al.
Before this Court is a Petition for Certiorari and Prohibition1 dated 22 September 1995, with prayer for the issuance of a temporary restraining order and preliminary injunction, assailing the Order2 dated 13 September 1995 issued by Hon. Judge Federic...
Promulgated on 2005-05-03

771. CA GR SP 89153: VISITACION GABELO, ET AL., vs HON. VICENTE A. HIDALGO, et.al.
The present petition suffers from the following infirmities:l. No affidavit of service was attached to the petition, as required by Section l3, Rule 13, of the Rules, as proof that a copy of the said petition had been served to the adverse parties; and...
Promulgated on 2005-05-03

772. CA GR SP 88957: Noli B. Gozarin vs NLRC et.al.
Assailed in this petition for certiorari under Rule 65 is the Decision dated August 11, 2004 granting private respondent's petition for injunction and setting aside the Order dated June 1, 2004 of the Labor Arbiter, as well as the Resolution dated Decembe...
Promulgated on 2005-05-03

773. CA GR CV 76212: Rep. of the Phil. vs FERMINA CASTRO et.al.
This is an appeal from the Order dated August 7, 2002 of the Regional Trial Court of Parañaque City, Branch 257 in Civil Case No. 01-0222 dismissing the complaint for annulment of Decree No. N-150912, LRC Case No. N-8239 (LRC Rec. No. 44137) and cancell...
Promulgated on 2005-05-03

774. CA GR CV 83813: ARTURO E. PIAO vs TERESITA E. PIAO, et al
For failure of the plaintiff-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 2005-05-03

775. CA GR CV 84511: Priscilla Lopez Ty, et al. vs. Alfonso B. Labrador, Jr.
Before this Court is an appeal filed by the appellant assailing the Decision1 dated 19 February 2004 and the Order2 dated 31 May 2004 denying the motion for reconsideration, rendered by Judge Basilio R. Gabo, Jr. of the Regional Trial Court, Third Judi...
Promulgated on 2005-05-03

776. CA GR CR 00712: PEOPLE OF THE PHILS. vs. SATURNINO PRIETO y BITOY
This an appeal from the decision of the Regional Trial Court, Para?aque City, Branch 258, in Criminal Case No. 01-0560 to the Supreme Court and subsequently transferred to this Court pursuant to the decision in People vs. Mateo, G.R. No. 147678-87 promulg...
Promulgated on 2005-05-03

777. CA GR SP 84492: SANRIO COMPANY, LIMITED vs EDGAR C. LIM et.al.
Before Us is a petition for certiorari under Rule 65 of the Rules of Court, with petitioner seeking the nullification and setting aside of public respondent Department of Justice's (hereafter DOJ) Resolutions, dated 29 August 20031 and 16 March 2004, dism...
Promulgated on 2005-05-03




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