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Promulgated Decisions and Resolutions
for June, 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 60723: Manila Electric Co. vs. Wilcon Builders Supply, Inc.
In this appeal, appellant Wilcon Builders' Supply, Inc. (WILCON, for brevity) seeks the reversal of the Decision rendered by the Regional Trial Court of Pasig City, Branch 262, in Civil Case No. 64678...
Promulgated on 2005-06-30

2. CA GR SP 90220: RALPH NINO TRADING INTERNATIONAL, INC., vs. BALM CONSTRUCTION, INC., et al.
The verification and non-forum shopping in the instant petition for certiorari are signed by a certain Zenaida Reyes, President and alleged authorized representative of the petitioner corporation without however showing any authority to act as such....
Promulgated on 2005-06-30

3. CA GR CV 60055: ALFREDO UBALDE & GREGORIO UBALDE vs ATTY. MANUEL V.NEPOMUCENO,
Before us is the appeal filed by petitioner-appellant Atty. Manuel V. Nepomuceno from the Order1 of the Regional Trial Court, Branch 155, Pasig City denying his "Petition to Enforce Attorney's Fees" for lack of merit. The dispositive portion of the app...
Promulgated on 2005-06-30

4. CA GR CV 82674: A.T. Kwek, et al. vs E. Soriano
BROUGHT to Us on appeal is a Decision in an action for specific performance initiated by plaintiffs-appellees Alfonso T. Kwek and Corazon Kwek against defendant-appellant Eliseo F. Soriano....
Promulgated on 2005-06-30

5. CA GR CV 70612: FRANCISCA P. CASUMPANG, vs LYDIA PEREZ LUZURIAGA, et al.,
This is an appeal filed by oppositors-appellants Spouses Lydia Perez Luzuriaga and Albino G. Luzuriaga ("Spouses Luzuriaga"), and Rosa B. Balbaboco ("Balbaboco") from the Decision1 of the Regional Trial Court (RTC), Branch 255, Las Pi?as City, granting...
Promulgated on 2005-06-30

6. CA GR CV 54908: PLDT CO. VS. ERNESTO O. OCAMPO
Before this Court on appeal is the Decision dated November 8, 1994 issued by the Regional Trial Court (RTC), Branch 62, Makati, Metro Manila, in Civil Case No. 93-4682 for recovery of sum of money....
Promulgated on 2005-06-30

7. CA GR SP 43497: PHILIPPINE ECONOMIC ZONE AUTHORITY VS. HON. MANUEL A. MAYO, ET. AL.
Before this Court is a petition for certiorari and mandamus under Rule 65 of the Rules of Court which seeks to annul and set aside the Order dated December 17, 1996 issued by the Regional Trial Court (RTC) of Cavite City, Branch 16...
Promulgated on 2005-06-30

8. CA GR SP 59278: SPOUSES CESAR and VICTORIA ZAPLAN VS. PDCP DEVELOPMENT BANK, ET. AL.
Before this Court is a Petition for Certiorari under Rule 65 of the Rules of Court which seeks to annul and set aside the following Orders of the Regional Trial Court (RTC) of Dagupan City...
Promulgated on 2005-06-30

9. CA GR CV 57611: LILY IBANEZ REYES-LAO VS. SECURITY BANK AND TRUST CO., ET. AL.
Before this Court is an appeal from the decision dated December 10, 1996 of the Regional Trial Court (RTC) of Quezon City, Branch 103, in Civil Case No. Q-95-24431 for damages rendered in favor of plaintiff Lily Ibanez Reyes-Lao....
Promulgated on 2005-06-30

10. CA GR SP 47493: LAGUNA CHAMBER OF COMMERCE & INDUSTRY VS. NATIONAL WAGES and PRODUCTIVITY COM.,ET.AL.
For consideration before this Court is a Petition for Certiorari under Rule 65 of the Rules of Court...
Promulgated on 2005-06-30

11. CA GR SP 48477: HOMEOWNERS DEVELOPMENT CORP., ET.AL. VS. HON.TEODORO P. REGINO, ET.AL.
Before this Court is a Petition for Certiorari and Prohibition under Rule 65 of the Rules of Court which seeks to annul and set aside the Order2 dated January 28, 1998 issued by the Regional Trial Court (RTC) of Quezon City, Branch 84...
Promulgated on 2005-06-30

12. CA GR CV 72487: ARMANDO CRISTOBAL UTANES vs ROSA JINKEE P. MILLAN-UTANES
This is an appeal from the Decision of the Regional Trial Court, Branch 20, Imus, Cavite declaring the marriage between plaintiff and defendant null and void....
Promulgated on 2005-06-30

13. CA GR CR 00557: PEOPLE OF THE PHILIPPINES vs ERNIE SAGUID y MANDITA
HC: Before us is an appeal from the Decision of the Regional Trial Court, Branch 41, Pinamalayan, Oriental Mindoro finding accused-appellant guilty beyond reasonable doubt of the complex crime of rape with homicide and imposing upon him the penalty of...
Promulgated on 2005-06-30

14. CA GR CR 28129: PEOPLE OF THE PHILIPPINES VS. ERNESTO GARCIA, JR., ET AL.
Before us is an appeal from the decision of Branch 65 of the Regional Trial Court of Bulan, Sorsogon, in Criminal Case No. 00-416...
Promulgated on 2005-06-30

15. CA GR CV 65249: Ma. Bettina M. Velasco-Francisco vs. Armando C. Francisco, Jr.; R.P.
This is an appeal from the Decision dated 27 September 1999 of the Regional Trial Court, Branch 107, Quezon City in Civil Case No. Q-98-33910 declaring the marriage entered into between Armando C. Francisco, Jr. and Ma. Bettina Velasco- Francisco on 14...
Promulgated on 2005-06-30

16. CA GR CV 82815: PSBank vs Veronica Yllana
THE issues raised in this appeal are not novel. They arose from the Resolution of the Regional Trial Court (RTC) granting the petition for the issuance of writ of possession in favor of petitioner-appellee....
Promulgated on 2005-06-30

17. CA GR SP 87465: J.C. RODRIGUEZ CONSTRUCTION CORPORATION vs FIL-AMERICAN HARDWARE CO. INCORPORATED
This Petition for Review pursuant to Rule 42 of the Revised Rules of Court, seeks to review, reverse, nullify and set aside the Decision dated August 13, 2004 and Order dated October 18, 2004 rendered by the Regional Trial Court of Quezon City...
Promulgated on 2005-06-30

18. CA GR SP 89678: Planters DB Properties, Inc. vs. Maria Corazon Fabian
This is a petition for review filed under Rule 43 seeking to reverse and set aside the Decision dated April 19, 2005 of the Office of the President denying petitioner's appeal and affirming the Decision dated July 18, 2003 of the Housing and Land Use Re...
Promulgated on 2005-06-30

19. CA GR SP 88826: TS TECH PHILS., INC., ET AL. vs. LABOR ARBITER LITA V. AGLIBUT, ET AL.
On May 25, 2005, petitioners filed a Manifestation And Motion to Withdraw the instant petition for certiorari on the ground that it had already become moot and academic....
Promulgated on 2005-06-30

20. CA GR CR 00741: People vs. Rey Frias, Billy Mula Cruz, Mandie Mula Cruz, et al.
Alibi and denial are worthless and cannot prevail over positive identification that is categorical, consistent and without any showing of ill-motive on the part of the eyewitness....
Promulgated on 2005-06-30

21. CA GR CV 72698: Sps. Fresnido & Ma. Theresa del Rosario vs. Sps. Mario & Victoria del Poso
Before Us are two (2) consolidated cases docketed as CA-G.R. CV No. 72698 and CA-G.R. SP No. 59323 which involve identical parties and closely related questions of fact and/or law....
Promulgated on 2005-06-30

22. CA GR CV 83342: ASUNCION CATOLICO AGGABAO AND EDMUNDO AGGABAO, vs. SIMEON CALIMAG, DAMASO VELASCO, et al.
This is an appeal from the decision dated March 30, 2004, (pp. 107-108, Records) of the Regional Trial Court of Tuguegarao City, Branch 2, in Civil Case No. 5499, entitled "Asuncion C. Aggabao and Edmundo Aggabao, et al., vs. Simeon Calimag, et al.,"...
Promulgated on 2005-06-30

23. CA GR CV 79687: Reynaldo O. Navarro vs. Julieta C. Bartolome Navarro ; R.P.
Before Us is an appeal from the August 30, 2002 Decision of the Regional Trial Court (RTC) of Angeles City - Branch 60 in Civil Case No.9907, the dispositive portion of which reads: ...
Promulgated on 2005-06-30

24. CA GR SP 68559: E. Anderson vs Hon. Marybelle Demot Marinas
BEFORE Us is a petition for certiorari seeking to annul the two orders of the Regional Trial Court (RTC) and a Sheriff's Notice, more specifically: (1) the Order dated October 16, 2001 granting the petition for the issuance of writ of possession;...
Promulgated on 2005-06-30

25. CA GR CV 81395: Balayan Water Dist. vs Batangas Sugar Central, Inc., et al.
ON appeal to Us is a Decision in an action for collection of a sum of money initiated by plaintiff-appellant Balayan Water District against defendants-appellees Batangas Sugar Central, Inc. (BSCI) and Batangas Sugar Refinery, Inc (BSRI)....
Promulgated on 2005-06-30

26. CA GR CV 72251: N.Manimtim vs J. De Leon
DISCONTENTED with the Decision rendered by the Regional Trial Court (RTC) in a complaint for breach of contract with damages filed by plaintiff-appellee Noel M. Manimtim, against him, defendant-appellant Jose A. De Leon is now before Us via this appeal....
Promulgated on 2005-06-30

27. CA GR CV 60398: Nat'l Steel Corp., et al vs J. Clarito, et al.
OBJECT of this appeal is the Decision of the Regional Trial Court (RTC) dismissing the amended complaint for specific performance and damages of plaintiffs-appellants National Steel Corporation and Engr. Melchor Q. Villamor against defendants appellees ...
Promulgated on 2005-06-30

28. CA GR CV 81278: CECILIA M. MENDOZA vs. ERNESTO CASTRO, REPUBLIC OF THE PHILIPPINES
This is an appeal from the Decision dated March 10, 2003 of the Regional Trial Court of Bulacan, in Civil Case No. 744-M-2001, in the case, entitled, "Cecilia M. Mendoza vs. Ernesto Castro", for Declaration of Nullity and/or Annulment of Marriage....
Promulgated on 2005-06-30

29. CA GR CV 59802: E. Genil vs Rep. of the Phils.
THE Republic appeals the Order of the Regional Trial Court in Calapan, Oriental Mindoro granting the petition for judicial reconstitution of a torrens title filed by petitioner-appellee- Eduardo Genil....
Promulgated on 2005-06-30

30. CA GR CV 54897: China Banking Corp. vs H. Garcia, et al.
THIS is an appeal from the Decision of the Regional Trial Court (RTC) in an action for sum of money instituted by plaintiff-appellant China Banking Corporation against defendant Hilario M. Garcia and defendant-appellee Victorino C. Cruz, and from the Ord...
Promulgated on 2005-06-30

31. CA GR CV 51934: U. De Castro vs Rep. of the Phils.
AT bench is an appeal from the Regional Trial Court (RTC) Decision granting the application for registration of title....
Promulgated on 2005-06-30

32. CA GR CV 80359: Asiatrust Devl't. Bank vs. Omninet Phils., Inc , Ruby Tiong Tan, et al.
This is an appeal from the Resolution dated March 3, 2003 granting the defendants' motion for reconsideration of the Order dated December 4, 2002 which denied their motion to dismiss and ordering the dismissal of the complaint ...
Promulgated on 2005-06-30

33. CA GR SP 88861: Wilfredo & Llewelyn Villarosa, et al. vs. Justice Secretary Raul Gonzales, et al.
This is a petition for certiorari under Rule 65 seeking to reverse and set aside the Resolution dated May 17, 2004 dismissing petitioners' appeal from the resolution of the City Prosecutor of Quezon which found probable cause for Slight Illegal Detenti...
Promulgated on 2005-06-30

34. CA GR CR 28417: People of the Phils. vs. Leticia Sagayaga
On appeal is the Decision dated April 27, 2004 of the Regional Trial Court of Manila, Branch 26 in Criminal Case No. 98-168838 convicting the accused Leticia Sagayaga of Estafa under the Revised Penal Code and sentencing her to suffer imprisonment...
Promulgated on 2005-06-30

35. CA GR CV 55652: YOLANDA P. MADALI, vs RAYMUNDO DE MANUEL,
Before us is the appeal filed by the oppositor-appellant Republic of the Philippines from the September 17, 1996 decision1 of the Regional Trial Court ("RTC", Branch 19, Bacoor, Cavite) in Civil Case No. BCV-96-64-A declaring the nullity of the marriag...
Promulgated on 2005-06-30

36. CA GR CV 56466: CONRADO N. UICHANCO vs CITY OF BAGUIO,ET AL
This is an appeal from the decision dated August 7, 1996 of the Regional Trial Court of Baguio City, Branch 59 in Civil Cases No. 196-R to 199-R, which are consolidated actions for Damages. ...
Promulgated on 2005-06-30

37. CA GR CV 83247: DIOSCORA MANALON vs PIONESA MANAL
This is an appeal from the order dated November 4, 2003 rendered by the Regional Trial Court of Romblon, Romblon (Branch 81), which order granted the defendant-appellee's motion to dismiss the plaintiff-appellant's complaint for specific performance/...
Promulgated on 2005-06-30

38. CA GR CV 69181: Hardin Reyes vs. Heirs of Isaias Testa ; Heirs of Alejo Peinado, et al.
In this appeal, plaintiff-appellant Hardin Reyes challenges the Decision dated April 14, 2000 of the Regional Trial Court, Branch 74, Antipolo City, which disposed of Civil Case No. 560-A for legal redemption,...
Promulgated on 2005-06-30

39. CA GR CV 63169: Dev't. Bank of the Phils. vs. Amado Santero, Francisco and Nicerata Bernardo
On appeal before this Court is the Jan 29 '99 Decision of Makati City RTC, Branch 145, w/c dismissed plaintiff-appellant's complaint for collection of a deficiency claim....
Promulgated on 2005-06-30

40. CA GR CR 27883: People of the Phils. vs. John Hubert Maravilla y Barquilla
This is an appeal from the Decision dated July 28, 2003 in Criminal Case No. 03-0346 of Branch 116, Regional Trial Court (RTC), Pasay City, convicting appellant John Hubert Maravilla y Barquilla of violation of Section 11, Article II, Republic Act No. 91...
Promulgated on 2005-06-30

41. CA GR SP 85782: Sps. Floro Ines and Anita Ines vs. Alfredo Pablo
This is a petition for review under Rule 43, 1997 Rules of Civil Procedure of the (i) Decision dated February 5, 2004 of the Department of Agrarian Reform Adjudication Board (DARAB), which reversed the Decision of the Provincial Adjudication Board...
Promulgated on 2005-06-30

42. CA GR CV 77192: Antonette Alfonso vs. Sps. Juan Tolentino and Florita Tolentino
This is an appeal from the (i) Order dated April 1, 2002 of Branch 82, Regional Trial Court, Malolos, Bulacan in LRC Cad. Case No. P-568-2001 which granted the issuance of a writ of possession in favor of petitioner-appellee Antonette Alfonso over the sub...
Promulgated on 2005-06-30

43. CA GR SP 78369: CARMINA S. MENDOZA vs NATIONAL LABOR RELATIONS COMMISSION, ET AL.,
We are called upon by petitioner to reconsider our Decision dated January 7, 2005 wherein we ruled:...
Promulgated on 2005-06-30

44. CA GR CV 73896: Dr. Arnold C. Salonga vs. Encarnita Belardo-Salonga ; Republic of the Phils.
Assailed in the present appeal is the Decision dated November 13, 2001 in Civil Case No. Q-99-39542 of Branch 107, Regional Trial Court, Quezon City, granting the petition for "Declaration of Nullity of Marriage" filed by petitioner-appellee Dr. Arnold C....
Promulgated on 2005-06-30

45. CA GR SP 75797: Reynaldo R. Lagunay vs. Trojan Envelope Mgt. Corp. and/or Giovanni s. Tan
Before us is a petition for review from the Resolutions, dated Oct 15 '02 and Jan 23 '03, of the Nat'l. Labor Rel. Comm. in NLRC-CA-030559-02 w/c affirmed the findings of the Labor Arbiter that dismissal of petitioner R. Lagunay was in compliance w/ law...
Promulgated on 2005-06-30

46. CA GR SP 76948: Jonathan Gulapa vs. G & A Int'l. Manpower Placmnt Agency, Gerry De Dios, NLRC
Impugned in this petition for certiorari is the Aug 8 '02 Decision, and the Feb 4 '03 Resolution, of the Nat'l. Labor Relatns. Comm. (2nd Div) in NLRC CA No. 030124-01, w/c set aside the decision of the labor arbiter and dismissed petitioner's complaint...
Promulgated on 2005-06-30

47. CA GR SP 77162: Leonardo Candava & Narcan Inc., et al vs. NLRC, Andres B. Labao
Vigilantes sed non dormientibus jura subveniunt. The laws aid the vigilant, not those who slumber on their rights. This age-old adage finds application in the case at bar. After having waived its right to adduce its own evidence...
Promulgated on 2005-06-30

48. CA GR SP 79709: Mayor Johnny O. Maymaya vs. Honoroble Court Graft Investigator Director, Gerald Abay, et al.
This is a petition for review under Rule 43 of the Rules of Court of the Decision dated September 9, 2002 and the Order dated August 5, 2003 both rendered by the public respondent in OMB. ADM-1-01-00423-H....
Promulgated on 2005-06-30

49. CA GR CV 63639: Amable Aguiluz V and AMA Computer College, Inc. vs. Sta. Lucia Realty and Devl't. Corp., et al.
Before the Court is an appeal from the Decision dated September 22, 1998 in Civil Case No. Q-96-28558 of Branch 105, Regional Trial Court (RTC), Quezon City dismissing the complaint for damages filed by plaintiffs-appellants Amable Aguiluz V and AMA Comp...
Promulgated on 2005-06-30

50. CA GR CV 48624: Ramon Binamira and The Green Revolution vs. Sps. Manuel S. and Hedy F. Lopez, et al.
Assailed in this appeal is the Decision dated December 19, 19852 in Civil Case No. 111175 of Branch IX, Regional Trial Court, Manila which ordered, among others, defendants spouses Manuel S. Lopez and Hedy F. Lopez and Demetrio Cunanan...
Promulgated on 2005-06-30

51. CA GR SP 75308: Cargolift Shipping Corp., et al. vs. NLRC, Sulpicio Q. Tojeno
Challenged in this petition for certiorari are the decision and order of the NLRC, w/c affirmed that of the Labor Arbiter in ordering petitioners Cargolift Shipping Corporation and Lawrence Leonio liable to private respondent Sulpicio Tojeno for illegal...
Promulgated on 2005-06-30

52. CA GR SP 73857: Victoriano M. Encarnacion vs. Nieves Amigo
This petition for review under Rule 42 of the Rules of Court seeks the reversal of the Decision dated August 29, 2002 of the Regional Trial Court of Cauayan, Isabela, Branch 20, in Civil Case No. 20-1193....
Promulgated on 2005-06-30

53. CA GR SP 82014: Enrique Tuliao, Lorenzo Valentino, et al. vs. Quezon Cty RTC Judge Normandie Pizarro, et al.
This is a special civil action for certiorari and prohibition under Rule 65 of the Rules of Court w/c seeks to nullify (1) the Writ of Execution dated Apr 6 '95 and (2) the orders dated Dec 5 '03, Jan 9 '04 and Jan 20 '04, respectively,...
Promulgated on 2005-06-30

54. CA GR CV 70870: Dutch Boy Phils., Inc. vs. Jonathan Joyohoy ; Ronald Seniel, Cesario Seniel
Defendants-appellants Ronald and Cesario Seniel interpose this appeal from the Dec 29, 2000 Decision rendered by Makati City RTC, Branch 147 in an action for sum of money instituted by plaintiff-appellee Dutch Boy and docketed as Civil Case No. 94-2720,...
Promulgated on 2005-06-30

55. CA GR CV 71864: Francisco C. Alarcon, Jr. vs. Jose P. Tambunting
Defendant-appellant Jose P. Tambunting appeals the Decision dated June 30, 2000 of the Regional Trial Court, Branch 71, Antipolo City which granted the complaint for sum of money instituted by plaintiff-appellee Francisco C. Alarcon, Jr....
Promulgated on 2005-06-30

56. CA GR CR 01012: PEOPLE OF THE PHILIPPINES vs TARCIANO CABIGAS and HENRY CABIGAS
This is an Appeal from the Decision promulgated on December 16,1996 of the Regional Trial Court of San Mateo, Rizal, Branch 75, in Criminal Case No. 2711, finding the accused-appellants Tarciano Cabigas and Henry Cabigas guilty beyond reasonable doubt of...
Promulgated on 2005-06-30

57. CA GR CR 28366: PEOPLE OF THE PHILIPPINES vs BERNARD MARTINEZ Y MENDOZA
Accused-appellant Bernard Martinez y Mendoza(Martinez for brevity) was indicted in an Information for Violation of Section 11(3) of Republic Act No. 9165...
Promulgated on 2005-06-30

58. CA GR CR 00041: People vs. Ronald Dondiego y Alarcon
Before this Court is an appeal from the Decision dated April 15, 1999 of the Regional Trial Court (RTC), Fourth Judicial Region, Branch 89, Bacoor, Cavite in Criminal Case No. B-95- 259...
Promulgated on 2005-06-30

59. CA GR CV 83879: Metropolitan Bank & Trust Co., et al. vs. Sps. Sulpicio and Susan Baria
There being no Appellants' Brief filed by oppositors-appellants as of June 15 '05, per report by the JRD, despite receipt by their counsel of the Notice to File Brief on Feb 15 '04 requiring them to file the same w/in 45 days, the appeal is DISMISSED...
Promulgated on 2005-06-30

60. CA GR SP 90091: St. Augustine School of Nursing vs. Judge Veronica Vicente-De Guzman, A.S. Corp., Inc., et al.
This is a Petition for Certiorari w/ prayer for the issuance of a TRO and/or writ of preliminary injunction seeking to set aside the Dec 8 '04 Order of the San Fernando, Pampanga MTC, Branch II, w/C denied petitioner's Motion to Dismiss....
Promulgated on 2005-06-30

61. CA GR SP 87862: Miriam Hermitano vs. Dagupan City RTC Br.44 Presiding Judge and Manuel Chua
Thru the present petition for certiorari under Rule 65, petitioner Miriam Hermitano seeks to annul and set aside the Aug 12 '04 Order issued by respondent Presiding Judge of Dagupan City RTC Br.44, denying the petition for relief from denial of appeal...
Promulgated on 2005-06-30

62. CA GR SP 87339: Anacleta S. Ching vs. Eduardo H. Camua
This Petition for Review under Rule 43 of the Rules of Court seeks to reverse and set aside the Resolution dated October 7, 2004 issued by Office of the Deputy Ombudsman for Luzon in OMB-L-C-03-0539-E entitled Anacleta S. Ching vs. Eduardo H. Camua....
Promulgated on 2005-06-30

63. CA GR CV 73889: Ricardo S. Culadilla vs. Sammy Gracilla, Mr. & Mrs. Roberto Palad, Mr. & Mrs. Felimon Labro, et al.
Before this Court is an appeal from the Order dated January 17, 2002 issued by the Regional Trial Court, Branch 126, Caloocan City, dismissing plaintiff-appellant's complaint on the grounds of litis pendentia and prohibition against forum shopping....
Promulgated on 2005-06-30

64. CA GR CV 64946: Sps. William & Berlita Ramos vs. Sps. Felix & Zenaida Tallod
Before the Regional Trial Court (or RTC) of Manila (Branch 1) was an action for specific performance involving Unit No. 1372 and the land whereon it stands (or disputed property)....
Promulgated on 2005-06-30

65. CA GR CV 73475: Sps. Alnor and Minda Desalisa , Norilyn Desalisa vs. Sps. Amado and Merly Benasa , Salvador Benasa
On appeal is the Decision dismissing the complaint for damages instituted by plaintiffs-appellants sps Alnor and Minda Desalisa, and their daughter Noralyn, vs. defendants-appellees sps Amado and Merly Benasa, and their son Salvador, and instead, awardi...
Promulgated on 2005-06-30

66. CA GR CV 74717: Guillerma Verzosa, et al. vs. Pedro Verzosa, et al.
Contested before the Regional Trial Court of Pangasinan (Lingayen, Branch 37), in an action for annulment of certificate of title and mortgage, injunction and damages, was that 53,347 square-meter portion (or disputed property) of a parcel of land with a...
Promulgated on 2005-06-30

67. CA GR CV 73060: Benito Burgos, et al. vs. Arsenia Pascual, et al.
This is an appeal interposed by plaintiffs-appellants Benito Burgos, et al. seeking to reverse and set aside the Decision dated September 24, 2001 of the Regional Trial Court, Branch 8, Malolos, Bulacan, in Civil Case No. 3259-M,...
Promulgated on 2005-06-30

68. CA GR CV 72954: Sps. Benjamin and Julieta Talastas vs. Evangeline J. Libiran, Hon. Wilhelmina Melanio Arcega
Subject of this appeal are the Orders dated May 2, 2001 and July 5, 2001 of the Regional Trial Court, Branch 12, Malolos, Bulacan which, respectively, dismissed appellants' petition for annulment of judgment and denied their motion for reconsideration....
Promulgated on 2005-06-30

69. CA GR SP 74643: Nelly C. Ordonez vs. NLRC, et al.
On August 25, 1993, Pili Capital Educational Center, Inc. (or PCECI) hired Nelly C. Ordo?ez (or Ordo?ez) as guidance counselor/substitute teacher/first aider, on probationary status, for one school year. Ordonez' appointment was renewed on June 27, 1994....
Promulgated on 2005-06-30

70. CA GR CV 72760: Elpidio Columna vs. Gertrudes Saquilayan, Juan Jimenez, Dolfo Pilapil, et al.
For consideration of this Court is an appeal from the Oct 2 '01 Decision of the Regional Trial Court, Branch 23, Trece Martires City in Civil Case No. TM-327 for Recovery of Possession with Damages on the grounds that:...
Promulgated on 2005-06-30

71. CA GR SP 82335: Marcelino T. Zarate, Sr. vs. SSS (Central Azucarera de Tarlac)
Hired by Central Azucarera de Tarlac (or company) on February 25, 1971, Marcelino T. Zarate, Sr. (or petitioner) retired on April 30, 2002. At the time of his retirement, he was a senior foreman at the company's Refined Sugar Production Department....
Promulgated on 2005-06-30

72. CA GR SP 78759: Korphil Shipmanagement & Manning Corp., et al. vs. NLRC, Imelda & Vedasto Pantollano
This is a petition for certiorari to nullify and set aside the May 30 '03 and July 31 '03 Resolutions of the public respondent NLRC. The NLRC in its first resolution ruled that the private respondent is entitled to compensation for the death of her husb...
Promulgated on 2005-06-30

73. CA GR CV 59883: Conrad C. Leviste vs. Republic of the Phils.; heirs of Vicente Rosales
This is an appeal from the Decision dated November 7, 1997 of Branch 4, Regional Trial Court, Pallocan, Batangas City in Land Registration Case No. N-1360 which granted the application for land registration filed by applicant-appellee Conrad C. Leviste...
Promulgated on 2005-06-30

74. CA GR CR 27672: People of the Philippines vs. Fortunato De Leon
Appeal from the Decision, of the Regional Trial Court of Malolos, Bulacan, Branch 6, in Criminal Case No. 1931-M-94, convicting the accused appellant Fortunato De Leon for the crime of Frustrated Homicide, sentencing him to an indeterminate prison term o...
Promulgated on 2005-06-30

75. CA GR CV 66161: Mariano C. Esperanza vs. Teresita E. Crisologo
This is an appeal from the dismissal of Special Proceedings No. Q-98-35070 in Branch 216, Regional Trial Court, National Capital Judicial Region, Quezon City. Its dispositive portion states, to wit:...
Promulgated on 2005-06-30

76. CA GR SP 84814: SEVERINO VERGARA, vs. URPIO JUSI,
A petition for certiorari was originally filed, praying for the reversal of the decision of the DARAB, promulgated on November 10, 2003 in DARAB Case No.6697 (Reg. Case No. IV-QU-1-021-96) entitled Severino Vergara vs. Urpio Jusi, et.al. Petitioner Sev...
Promulgated on 2005-06-30

77. CA GR CV 59489: ESTRELLA B. UMAYAM, et al. vs. SPS. TOMAS AND ILUMINADA CAYUBIT
This is an appeal from the Decision (Rollo, pp. 38-46) dated February 20, 1998 of the Regional Trial Court of Paranaque, Metro Manila, Branch 258 in Civil Case No. 96-038...
Promulgated on 2005-06-30

78. CA GR SP 75640: DR. RODRIGO H. HAO vs RAMON E. NAGAPATAN
Appeals from judgments and final orders of quasi- judicial agencies are required to be brought to the Court of Appeals on a verified petition for review, under the requirements and conditions in Rule 43 of the 1997 Rules of Civil Procedure, which Rule...
Promulgated on 2005-06-30

79. CA GR SP 81899: TOMAS CRUZ, et al. vs. ALEGAR CORPORATION
THE PETITIONERS SEEK A RECONSIDERATION OF THE DECISION DATED APRIL 11, 2005 BY CONTENDING THAT WE ERRED IN HOLDING THAT THE PETITIONERS WERE SUBJECT OF PROPER JUDICIAL EJECTMENT, DUE TO THEIR HAVING DEPOSITED THEIR RENTS IN THE LAND BANK....
Promulgated on 2005-06-30

80. CA GR SP 79116: COMMISSIONER OF INTERNAL REVENUE vs H. TAMBUNTING PAWNSHOP, INC.
A pawn ticket issued by a pawnshop is subject to documentary stamp tax because it is the pawn transaction, not the pawn ticket per se that is taxed - the pawn transaction being indicative of a pledge transaction between pawner...
Promulgated on 2005-06-30

81. CA GR SP 88554: PHILIPPINE OVERSEAS TELECOMMUNICATIONS CORPORATION, ET AL. vs HON. NAPOLEON E. INOTURAN,ET AL.
Brought to the fore in this petition for certiorari under Rule 65 of the 1997 Rules of Civil Procedure is the Order dated August 27, 2004 (Annex "A", Petition) of the Regional Trial Court of Makati City, Branch 133, dismissing the complaint a quo as we...
Promulgated on 2005-06-30

82. CA GR SP UDK 5299: JOSE EXPEDITO J. FLORES VS. JOSE EXPEDITO J. FLORES, PEZA
UDK SP On 31 March 2005, this Court issued a Resolution denying the petitioner?s Motion for Extension of the Time to File a Petition for Review and to be Exempt from Payment of the Docket and other lawful fees; and consequently dismissed the petition....
Promulgated on 2005-06-30

83. CA GR SP 69473: AMOS P. FRANCIA, JR. vs. ALBERTO FRANCISCO
THE RESPONDENT SEEKS RECONSIDERATION OF THE DECISION DATED MAY 9, 2005, CLAIMING THAT WE OVERLOOKED THE FACT THAT THE TRIAL COURT (MUNICIPAL TRIAL COURT) FAILED TO COMPLY WITH THE PROVISIONS OF P.D. NO. 583 IN RELATION TO P.D. NO. 316....
Promulgated on 2005-06-30

84. CA GR CV 83516: FITZ VENGERALD L. MAMUAD, ET AL vs. VICTORY LINER AND JOEY A. MAGBITANG
On 01 December 2004, a minute resolution was issued by the Court, the text of which reads: ?1. Defendants-appellants to remit the additional amount of P5.00 to complete payment for docket and other legal fees within ten (10) days from notice; and...
Promulgated on 2005-06-30

85. CA GR SP 72659: Legend Int'l. Resorts Ltd. vs. Kilusang Manggagawa sa Legenda, et al.
Assailed in this petition for certiorari filed pursuant to Rule 65 of the 1997 Rules of Civil Procedure is the Decision dated March 26, 2002 issued by public respondent Director of the Bureau of Labor Relations, the Hon. Hans Leo J. Cacdac,...
Promulgated on 2005-06-30

86. CA GR CV 71526: Timoteo Padul vs. Heirs of Agustin Timbancaya
Before us is an appeal from the Decision dated 21 March 2001 issued by the Regional Trial Court of Palawan and Puerto Princesa City, Branch 51, in Civil Case No. 2861, the decretal portion of which states:...
Promulgated on 2005-06-30

87. CA GR CV 52760: Rogelio A. Flores, et al. vs. Sps. Jose & Tita Dele?a-Castillo
Appeal by writ of error from the Decision dated July 31, 1995 of the Regional Trial Court of San Fernando, La Union, Branch 27, in Civil Case No. 3999....
Promulgated on 2005-06-30

88. CA GR CR 00209: People of the Philippines vs. Arafat Abtahi Y Soriano
Appeal by writ of error from the Decision of the Regional Trial Court (or RTC) of Manila, Branch 11, in Criminal Case Nos. 95-142373 to 95-142376....
Promulgated on 2005-06-30

89. CA GR SP 86832: SULPICIO M. PADUAL VS. ESTRELLA PAGUIO-ROSARIO
Before Us is a Petition for Review with prayer for temporary restraining order and/or preliminary injunction relative to the Order1 dated July 22, 2004 issued by the Hon. Over-all Deputy Ombudsman Margarito P. Gervacio in OMB-C-A-03-0592-K...
Promulgated on 2005-06-30

90. CA GR CV 52831: AMERICAN HOME ASSURANCE CORPORATION vs SANTIAGO LIGHTERAGE CORPORATION and ASIAN SHIPPING CORPORATIO
Before this Court is an ordinary appeal assailing the Decision dated 10 January 1995 rendered by Hon. Efren N. Ambrosio of the Regional Trial Court, National Capital Judicial Region, Branch 2, Manila, the dispositive portion of which reads:...
Promulgated on 2005-06-30

91. CA GR CV 50613: PHILIPPINE COMMERCIAL CREDIT CARD, INC. VS BENIGNO GAMBOA, SR.
Before this Court is an ordinary appeal of the Decision dated 07 March 1995, rendered by the Regional Trial Court of Manila, National Capital Judicial Region, Branch 31, in Civil Case No. 86-38058, the dispositive portion of which reads:...
Promulgated on 2005-06-30

92. CA GR SP 88472: JAIME LEE, SR. vs NLRC, et al
This is a Petition for Certiorari with Prayer for the Issuance of a Temporary Restraining Order and/or Preliminary Injunction seeking to nullify and set aside the Resolution and Decision dated December 4, 2003 and November 30, 2004, respectively of the...
Promulgated on 2005-06-30

93. CA GR SP 87820: MA. VIANNEY D. ABELLA vs NLRC, et al
Antagonism between a superior and the subordinate resulting from a table rearrangement in the workplace resulted in the latter's termination from service on the ground of insubordination which caused her to accuse the employer of illegal dismissal....
Promulgated on 2005-06-30

94. CA GR SP 86348: AUGUSTO P. PEPA vs ALEXANDER CASTRO EDRALIN, et al
this Petition for Certiorari under Rule 65 of the 1997 Rules of Civil Procedure, Augusto P. Pepa seeks to reverse and nullify the Order dated February 14, 2003 and the Omnibus Order dated June 18, 2004 of the Regional Trial Court of Imus, Cavite, Branch...
Promulgated on 2005-06-30

95. CA GR SP 85513: SPS. VICENTE C. ABADILLA vs. Hon. OFELIA ARELLANO MARQUEZ, et. al.
This is a petition for review under Rule 42 of the 1997 Rules on Civil Procedure seeking to set aside the Decision dated 31 March 2004 issued by the Regional Trial Court, Branch 216, in Quezon City, affirming in toto the Decision of Metropolitan Trial...
Promulgated on 2005-06-30

96. CA GR SP 84212: PENAFRANCIA TOURS TRAVEL, vs. THE HONORABLE JUDGE LEO L. INTIA, et. al.
Before this Court is a Petition for Certiorari lodged by Pe?afrancia Tours and Travel Transport, Incorporated in accordance with Rule 65 of the 1997 Rules of Civil Procedure, seeking to annul and set aside, on ground of grave abuse of discretion, the O...
Promulgated on 2005-06-30

97. CA GR CV 83287: PHILIPPINE NATIONAL BANK, TAYUG BRANCH, TAYUG vs SPS. JOSE MERLIN AOANAN & MIRAFE SAPIGAO, et al
This is an appeal from the Orders dated April 15, 2004 and May 26, 2004 both issued by the Regional Trial Court, Branch 50, Villasis, Pangasinan, in Land Reg. Case No. V-0035 entitled "Philippine National Bank, Tayug Branch, Tayug, Pangasinan, represen...
Promulgated on 2005-06-30

98. CA GR CR 01083: PEOPLE OF THE PHILIPPINES vs CHITO V. PADILLA
This is an intermediate review of the consolidated Decision of the Regional Trial Court of Rosales, Pangasinan (Branch 53) in Criminal Cases Nos. 4406-R and 4407-R finding Chito V. Padilla guilty beyond reasonable doubt of two counts of rape and imposi...
Promulgated on 2005-06-30

99. CA GR CR 24638: People of the Philippines vs. Mario Mapua
In an Information filed with the trial court (RTC, Br. 255, Las Pinas City), accused Mario Mapua and co-accused Ben Caingat were charged with Libel in Criminal Case No. 96-0379....
Promulgated on 2005-06-30

100. CA GR SP 83217: MARANAW HOTELS & RESORT CORP. (CENTURY PARK HOTEL) vs. CRISPIN ROSALES, JR.,
Petitioner Maranaw Hotels and Resort Corporation (Century Park Hotel) hired respondent Crispin Rosales, Jr. as a houseman on 18 January 1978, and promoted him to bartender, sometime in 1983. Later, respondent was assigned to work as bartender in peti...
Promulgated on 2005-06-30

101. CA GR CV 66296: ANNA MARIE P. MATIC vs. JONATHAN C. MATIC
This is an appeal from the decision of the Regional Trial Court, Branch 46, San Fernando Pampanga, dismissing the petition for declaration of nullity of marriage for petitioner's failure to sufficiently prove respondent's medical and psychological illn...
Promulgated on 2005-06-30

102. CA GR CR 00033: PEOPLE OF THE PHILIPPINES vs NOEL NIEVES Y RUBIA, et al
Before the court on intermediate review is the decision of the Regional Trial Court of Las Pinas City, Branch 275, in Criminal Case No. 99-0941, convicting appellants of the crime of robbery with homicide, imposing on each of them the penalty of reclus...
Promulgated on 2005-06-30

103. CA GR CR 26322: THE PEOPLE OF THE PHILIPPINES vs. ALFREDO SUMAUANG Y MACOPIA
Considering that the motion for reconsideration of the accused-appellant merely rehashes arguments already fully discussed and disposed of in the decision of May 9, 2005, we RESOLVE TO DENY the motion for reconsideration for lack of merit....
Promulgated on 2005-06-30

104. CA GR SP 82155: PEOPLE VS. HON. EUFRONIO K. MARISTELA, ET AL
This pertains to the separate Motions for Reconsideration filed by the private respondents through counsel, seeking for the reconsideration of the Decision dated 03 January 2005, the decretal text of which reads:...
Promulgated on 2005-06-30

105. CA GR SP 85156: FELIPE NICOLAS vs. DONATO R. CAPULE, JR., et al.
Assailed in this Petition for Certiorari and Prohibition with Prayer for the Issuance of a Temporary Restraining Order and/or Writ of Preliminary Injunction are 1] the March 16, 2004 Order of the Regional Trial Court, Branch 81, Malolos, Bulacan, denying...
Promulgated on 2005-06-30

106. CA GR CR 00418: People of the Phils. vs. Joseph Martin y Boyayo
In a Resolution dated 6 April 2005, this Court granted accused-appellant's motion praying for an extension of sixty (60) days from 18 March 2005 or until 17 May 2005 within which to file his brief....
Promulgated on 2005-06-30

107. CA GR SP 81589: MANILA HARBOR PILOTS ASSOCIATES CO., et al. vs. ALBERTO COMPAS, et al.
Questioned in this petition for certiorari are (1) the July 10, 2002 Resolution of the Secretary of Justice which reversed the Resolution of the Manila City Prosecutor's Office finding probable cause for 15 counts of Estafa under Article 315, Paragraph...
Promulgated on 2005-06-30

108. CA GR CV 67622: CRISOLOGO C. DOMINGO vs. SEVERINO AND RAYMUNDO LANDICHO, et al.
This is an appeal from the decision of the Regional Trial Court, Branch 18, Tagaytay City, in RE: Application for the Registration of Five (5) Parcels of Land Situated in Tagaytay City, docketed as LRC Case No. TG-451, which ruled in favor of the appli...
Promulgated on 2005-06-30

109. CA GR CR 28165: PEOPLE vs. EMERSON LUMBERIO
This is an appeal from the December 30, 2003 Decision of the Regional Trial Court, Branch 258, Paranaque City, in Criminal Case No. 01-01078, finding accused Emerson Lumberio guilty beyond reasonable doubt of having committed the crime of Homicide...
Promulgated on 2005-06-30

110. CA GR SP 83718: Wilson Kho vs Hon. Edward Pacis, et al.
WHETHER or not a civil action for specific performance to enforce a right-of-way poses a prejudicial question to a criminal case for malicious mischief is the central issue in this appeal from a Decision in a petition for certiorari....
Promulgated on 2005-06-30

111. CA GR SP 70779: Jorge Sebastian, et al. vs Hon. Gloria Congco, et al.
THE essentials of every mandamus case are petitioner's clear legal right and respondent's legal duty to the performance of an act. Both must concur, else, the action shall be dismissed....
Promulgated on 2005-06-30

112. CA GR CV 84410: EDIFONSO A. MORALES, VS. VBC REALTY & DEVELOPMENT CORP.,ET AL.; SPS. NISHINO AND LANDIMEX VENTURES I
We resolve to consider the instant appeal ABANDONED, and accordingly DISMISSED, pursuant to Section 1(e) Rule 50 of the 1997 Rules of Civil Procedure, for defendant-appellants? failure to file the required brief within the period fixed by the Rules....
Promulgated on 2005-06-30

113. CA GR CV 80480: SPS. WILFREDO & PATRICIA DEL ROSARIO, et al. vs. FARAD MULTI-PURPOSE, et al.
Challenged in this appeal is the July 16, 2003 Order of the Regional Trial Court, Branch 59, Baguio City, in Civil Case No. 5545-R, dismissing the Complaint for Injunction with Prayer for Preliminary Injunction and Temporary Restraining Order...
Promulgated on 2005-06-30

114. CA GR CV 60228: NAGA TELEPHONE CO., INC. vs. L.M. MAGGAY CORP., et al.
On Appeal is the June 23, 1998 Order of the Regional Trial Court (RTC) of Naga City, Branch 61, ordering the dismissal of the case for failure of plaintiff-appellant Naga Telephone Co., Inc. (NATELCO) to include International Communication Corporation...
Promulgated on 2005-06-30

115. CA GR CR 00818: PEOPLE OF THE PHILIPPINES vs. RAMON NEVADO and JURITO MATUCINO
On intermediary appeal pursuant to A.M.-00-5-03-SC is the decision of the Regional Trial Court of Malolos, Bulacan, Branch 12, in Criminal Case No. 3029-M-99, finding Ramon Nevado and Jurito Matucino guilty beyond reasonable doubt of Murder....
Promulgated on 2005-06-30

116. CA GR CV 58795: Heirs of Exequiel C. Garrovillas vs. Teodula Cosef, Agripina Sarmiento, Rodolfo Sarmiento
ASUNCION, EJ. S., J.: Before Us is an appeal from the November 20, 1997 Decision of the Regional Trial Court (RTC) of Morong, Rizal - Branch 80 in Civil Case No. 469-T (849-M), the dispositive portion of which reads:...
Promulgated on 2005-06-30

117. CA GR CR 00737: People vs Raul Cabrera Y Ombao
BEFORE Us is an appeal from the Decision of the Regional Trial Court convicting accused-appellant Raul Cabrera y Ombao for murder, imposing upon him the penalty of life imprisonment....
Promulgated on 2005-06-30

118. CA GR CR 24252: PEOPLE OF THE PHILIPPINES vs FELICIANO F. WYCOCO
The issue presented to us for resolution has to do with the nuances of prescription as a ground for the dismissal of a criminal action for libel. On November 5, 1998, the Office of the Provincial Prosecutor of Nueva Ecija filed with the Regional Trial Cou...
Promulgated on 2005-06-30

119. CA GR CV 78508: Edwardo M. Limpin vs. Josephine Aguilar Limpin ; R.P.
Before Us is an appeal from the June 28, 2002 Decision of the Regional Trial Court (RTC) of Angeles City - Branch 60 in Civil Case No.10065, the dispositive portion of which reads: ...
Promulgated on 2005-06-30

120. CA GR CV 64705: Sps. Andres Ramos and Nenita Ramos vs. Rep. of the Phils.
This is an appeal from the July 20, 1999 Decision of the Municipal Trial Court (MTC)* of San Nicolas, Ilocos Norte, in Land Registration Case No. N-15, LRA Record No. N-69885, granting the application for original registration of Lot No. 2089-A, Cad. 3...
Promulgated on 2005-06-30

121. CA GR CV 78234: Simon Enterprises, Inc. vs. unknown owner of the vessel MV Kapitan Alekseyev, RCS Shipping Agencies
Before Us is an appeal assailing the February 10, 2003 Decision of the Regional Trial Court (RTC) of Manila - Branch 8 in Civil Case No. 96-79413, the dispositive portion of which reads:...
Promulgated on 2005-06-30

122. CA GR CV 71851: CELIA DEL ROSARIO ATIENZA vs HERMENEGILDO ATIENZA III
An appeal was interposed by the Republic of the Philippines from the Decision of the Regional Trial Court, Branch 260, Paranaque City declaring the marriage between petitioner-appellee Celia del Rosario Atienza and respondent Hermenegildo Atienza III...
Promulgated on 2005-06-30

123. CA GR CR 01050: People vs Alejandro Baga y Magpantay
WE review on appeal the joint judgment of the Regional Trial Court (RTC) convicting accused-appellant Alejandro Baga y Magpantay for murder and frustrated murder for the killing of Jose Jesus Lazo and the mortal stabbing of Christie Loja....
Promulgated on 2005-06-30

124. CA GR CV 78840: EMILIE BROCKLEHURST VS. DIOSDADO J. VILLARUEL, ET. AL.
On Appeal is the Decision dated 4 April 2003 of Branch 197 of the Regional Trial Court of Las Pi?as City in Civil Case NO. LP-02- 0163...
Promulgated on 2005-06-29

125. CA GR SP 39779: ACTIVE REALTY AND DEVELOPMENT CORP vs RAFAEL S. ORTANEZ et al
Before Us is a Petition for Review1 seeking to reverse and/or set aside the Decision2 dated October 12, 1995 of the Regional Trial Court (RTC) of Antipolo, Rizal, Branch 71, in Civil Case No. 95-3689, entitled "Active Realty & Development Corporation,...
Promulgated on 2005-06-29

126. CA GR CV 70223: SPS SAMBAJON vs PRUDENTIAL BANK
What defines the amount of the loan contracted is the promissory note which is the basis of the real estate mortgage....
Promulgated on 2005-06-29

127. CA GR SP 90024: DEE PING WEE, ET AL. VS. HON. APOLINARIO D. BRUSELAS, JR., ET AL.
This is a petition for certiorari assailing the legality of the April 21, 2005 Order of the Regional Trial Court, Quezon City, Branch 93, issued in an intra-corporate dispute in Civil Case No. Q-04-091 denying petitioners' Omnibus Motion (to Quash Writ...
Promulgated on 2005-06-29

128. CA GR SP 83130: ARIEL CASTRO et al vs. HON. ANTONIO T. MANZANO,
Before Us is a petition for certiorari under Rule 65 of the 1997 Rules of Civil Procedure assailing the January 15, 2004 Writ of Execution pending appeal and the March 12, 2004 Order of Demolition issued by the Regional Trial Court of Calamba City....
Promulgated on 2005-06-29

129. CA GR SP 76629: Nella Dillar vs. Social Security System, Benguet Corporation
This is a petition for review under Rule 43 of the Revised Rules of Civil Procedure from the Mar 11 '03 Decision of the Employees' Compensatn. Comm. in ECC Case No. SM-14259-702, w/c affirmed the SSS' Decision denying petitioner's claim for death benefits...
Promulgated on 2005-06-29

130. CA GR CV 75602: HEIRS OF JOSE MARCIAL K. OCHOA, ET. AL. VS. G & S TRANSPORT CORP.
"In order for a fortuitous event to exempt one from liability, it is necessary that (he) committed no negligence or misconduct that may have occasioned the loss."...
Promulgated on 2005-06-29

131. CA GR CV 54676: SERGIO L. HILADO, JR. et al. vs FELIPE M. BUENCAMINO et al
Before Us is the instant appeal from (a) the Decision1 dated February 9, 1996 of the Regional Trial Court of Quezon City, Branch77, (1) dismissing plaintiffs-appellants' Complaint for Damages in Civil Case No. Q-89-1485 for lack or merit, (2) ordering t...
Promulgated on 2005-06-29

132. CA GR CV 76433: BANK OF THE PHILIPPINE vs. KC SHOES MARKETING, INC.,
The appealed case is for Collection of Sum of Money filed by herein appellee Bank of the Philippine Islands (BPI) as successor-ininterest of Far East Bank and Trust Company (FEBTC) with the Regional Trial Court of Makati City against herein appellants...
Promulgated on 2005-06-29

133. CA GR CV 83215: Edgardo Santos, et al. vs. Sps. Leonardo Mendoza, et al.
Brought before this Court is an Appeal under Rule 41 seeking to set aside the Decision dated 31 March 2004 of the Regional Trial Court of Malolos, Bulacan, Branch 81, in Civil Case No. 374-M-98, which is a complaint for annulment of mortgage with prayer...
Promulgated on 2005-06-29

134. CA GR CV 83687: MAGDALENA BARBUCO vs PURISIMA M. GONZALES, et al
Purisima M. Gonzales and Adelaida Barbuco seek to reverse and set aside the Decision dated November 19, 2003 and the Order dated May 20, 2004, both issued by the Regional Trial Court of Imus, Cavite, Branch 22 in Civil Case No. 1700-98 for nullificatio...
Promulgated on 2005-06-29

135. CA GR CV 83436: ANGELITO G. RUIZ vs REPUBLIC OF THE PHILIPPINES
Before this Court is an appeal interposed by the Republic of the Philippines, through the Solicitor General, seeking to reverse and set aside the court a quo's December 18, 2002 Decision, which granted appellee's petition for reconstitution of owner's...
Promulgated on 2005-06-29

136. CA GR SP 87293: FQB + 7, INC., ET. AL. VS. HON. ANTONIO EUGENIO, ET. AL.
Assailed by Nathaniel D. Bocobo and Priscilla D. Bocobo, as well as Antonio De Villa, (?petitioners?) in this petition for certiorari and prohibition filed under Rule 65 of the Rules of Court...
Promulgated on 2005-06-29

137. CA GR CV 65394: German E. Paras vs. Doresa R. De Vera; Republic of the Phils.
Before the Court is an appeal from the Decision dated December 15, 1997 and Amended Decision dated September 9, 1999 of Branch 43, Regional Trial Court (RTC), Dagupan City in Civil Case No. 97-01671-D, which granted the complaint for Declaration of Nulli...
Promulgated on 2005-06-29

138. CA GR CV 54871: Rep. of the Phils., Mt. Pinatubo Commission (MPC) vs. Redentor and Teresita Salonga, et al.
Plaintiff-appellant Rep. of the Phils, represented by the MPC, through the Ofc. of the Sol. Gen., prays for the modification of the Nov 29 '96 Decision by the Macabebe, Pampanga RTC, Branch 55 in an expropriation proceeding docketed as Cv.Cs.No. 95-0619-M...
Promulgated on 2005-06-29

139. CA GR SP 87814: ERWIN M. POYAOAN vs. NLRC, et al.
At bar is a Petition for Certiorari under Rule 65 of the 1997 Revised Rules on Civil Procedure which seeks to set aside the September 21, 2004 Resolution of the NLRC, in NLRC NCR CA NO. 036897-03, denying petitioner's Motion for Reconsideration and affirm...
Promulgated on 2005-06-29

140. CA GR CV 83272: FIDELA AMBION-BAYOT vs RANDOLFO NUESTRO, et al
Alleging that her putative father had never sold his property in favor of the appellees because his signature was merely forged in the document of absolute sale, appellant before Us, in order to protect her interest as an illegitimate child, is now cha...
Promulgated on 2005-06-29

141. CA GR CV 72191: Ronan Antiojo vs. Yolanda G. Cementina ; Republic of the Phils.
The Ofc. of the Sol. Gen., as the statutory counsel for the Republic of the Phils, appeals the Aug 31 '01 Decision of the Pasig City RTC, Branch 70, in JDRC Case No. 3974 for Declaration of Nullity of Marriage under Article 362 of the Family Code,...
Promulgated on 2005-06-29

142. CA GR SP 88499: MONIC & COMPANY, INC. vs HON. MA. THERESA DELA TORRE-YADAO, et al
This is a Petition for Certiorari which seeks to nullify and set aside the Orders dated December 11, 2001 and February 11, 2002, of the Regional Trial Court, Branch 81, Quezon City, in LRC Case No. Q-13966(00), denying petitioner's opposition to the pe...
Promulgated on 2005-06-29

143. CA GR SP 82329: SECOND LAGUNA DEVELOPMENT BANK vs SPS. ARNULFO AGUS AND ELVIRA DEL ROSARIO, et al
This is a Petition for Review under Rule 43 of the Revised Rules of Court seeking to reverse and set aside the Decision dated June 30, 2003 and Resolution dated December 9, 2003 both issued by the Office of the President in O.P. Case No. 95-L-6350 enti...
Promulgated on 2005-06-29

144. CA GR CR 01082: People vs. Su Zhi Shan @ Alvin Ching So
Hanging on the balance is the life of a felon as well as the indemnification of the total sum of 20 million as his fine for selling and possessing 'shabu'. He was arrested by police officers in a buy-bust operation and his house yielded a much larger qty...
Promulgated on 2005-06-29

145. CA GR CV 56183: Sps. Manuel and Paz Mallari vs. Jaime Quezon, et al.
Brought to this Court for review through ordinary appeal is the Decision dated 23 December 1994 in Civil Case No. G-1858 of the Regional Trial Court (RTC), Third Judicial Region, Branch 52, Guagua, Pampanga....
Promulgated on 2005-06-29

146. CA GR SP 75648: Dr. Zenaida P. Pia vs. Hon. Margarito P. Gervacio, Jr., etc., et al.
This is a petition for review under Rule 43 of the 1997 Rules of Civil Procedure seeking to nullify and set aside the decision of the Office of the Ombudsman dated September 27, 2002, finding the petitioner administratively guilty of Conduct Prejudicial...
Promulgated on 2005-06-29

147. CA GR SP 88969: Luring Dayag, et al. vs. Ambrocio Balubal
The right to appeal is neither a natural right nor a part of due process. The party who seeks to avail of the same must comply with the requirements of the rules, failing to do so the right to appeal is lost....
Promulgated on 2005-06-29

148. CA GR SP 80071: Efren Lagadia vs. Hon. Estrella T. Estrada, et al.
In Intestate Estate of the Late Don Mariano San Pedro y Esteban v. Court of Appeals, the Supreme Court wrote finis to the controversies arising from the "most fantastic land claim in the history of the Philippines" by laying to rest the issue on the val...
Promulgated on 2005-06-29

149. CA GR CV 80306: Enrique D. Lucio vs. Maria Lainessa D. Calonge
This is an ordinary appeal from the decision dated July 11, 2002 of the Regional Trial Court (RTC) of Malolos, Bulacan, Branch 83, dismissing the plaintiff-appellant's complaint for annulment of marriage...
Promulgated on 2005-06-29

150. CA GR SP 89610: LI LAN YAN @ JACKSON DY, et al vs HON. JUDGE AURELIO G. ICASIANO, JR.
The Compliance of the petitioners with the Resolution dated May 20, 2005 furnishing the Office of the Solicitor General with a copy of the petition and its supplement is NOTED....
Promulgated on 2005-06-29

151. CA GR SP 90178: JUAN G. GARCIA, JR., et al vs HON. ANTONIO M. EUGENIO, JR., et al
Considering that the instant petition for certiorari is not accompanied by certified true copies of the assailed Orders dated February 22, 2005 and April 7, 2005 in breach of Sec. 1 Rule 65 of the 1997 Rules of Civil Procedure ?...
Promulgated on 2005-06-29

152. CA GR CR 28513: PEOPLE vs ALDEN ONAN Y GUEVARRA,
Based on the report of the Judicial Records Division of this Court, no appellants' brief has been filed despite notice to appellant's counsel, a previous resolution requiring the appellant to explain why the appeal should not be dismissed,1 and the lap...
Promulgated on 2005-06-29

153. CA GR SP 83590: MYRNA R. QUIJANO, VS. ADELAIDA A. CRUZ,
Assailed in this petition for review under Rule 42 of the Rules of Court is the Decision dated 22 March 2004 of the Regional Trial Court, Branch 227, Quezon City, affirming in toto the Decision dated 9 May 2003 of the Metropolitan Trial Court, Quezon C...
Promulgated on 2005-06-29

154. CA GR CR 00121: PEOPLE VS. LEONARDO FULGADO
On 21 February 2005, accused-appellant Leonardo Fulgado assisted by Bro. Godofredo P. Labindao, paralegal officer from the office of the Human Rights Advocate, filed a "Motion to Withdraw Appeal"....
Promulgated on 2005-06-29

155. CA GR SP 87870: EQUITABLE PCI BANK vs. NLRC, et al.
At bar is a Petition for Certiorari under Rule 65 of the Rules of Court, which seeks to annul and set aside the October 20, 2004 Resolution of the National Labor Relations Commission (NLRC)...
Promulgated on 2005-06-29

156. CA GR SP 89106: CONCHITA VALENZUELA, VS. HON. GERALDINE C. FIEL-MACARAIG,
This pertains to the Motion for Reconsideration filed by the petitioner through counsel on 31 May 2005, seeking for the reconsideration of the Resolution dated 10 May 2005, the decretal portion of which reads: ?WHEREFORE, in view of the foregoing prem...
Promulgated on 2005-06-29

157. CA GR CV 59530: JOHN RICHARD TARR and MYNA ORTIZ TARR VS. REPUBLIC OF THE PHILIPPINES
Republic appeals from the Decision of the Regional Trial Court of Manila, Branch 26, granting the petition for adoption of minor John Christopher T. Ortiz...
Promulgated on 2005-06-29

158. CA GR SP 90028: Hrs. of Sarah Marie Palma Burgos vs. Johnny Co Y Yu
Before us is a Petition For Certiorari With Prayer For A Preliminary Injunction Or Temporary Restraining Order1 filed by the petitioners, through their counsel, seeking to set aside and nullify the April 14, 2004 and May 18, 20053 orders of the Regional T...
Promulgated on 2005-06-29

159. CA GR CV 82655: Sps. Rafael and Beatriz Morales vs. Puerto Azul Land, Inc.
For this Court's resolution is appellees' Manifestation dated 4 February 2005 praying for the dismissal of the appeal for failure of the appellant to file the Appellant's Brief in accordance with Section 7, Rule 44 of the Revised Rules of Court....
Promulgated on 2005-06-29

160. CA GR CV 83366: Peter O'Yek Liao vs. RP
This refers to Motion to Withdraw Appeal filed by the Office of the Solicitor General (OSG), praying for the withdrawal of its appeal on the ground that after thorough review of the record of the case, the RTC Decision dated 21 December 2001 was in fact...
Promulgated on 2005-06-29

161. CA GR SP 90122: EVERSENDAI PHILS., INC., vs STEEL CENTRE PHIL.,
The records show that the petition in caption suffers from the following deficiencies:...
Promulgated on 2005-06-29

162. CA GR SP 81395: MARTINA DALUMAY-GARRISON VS. ALFREDO DALUMAY, ET AL.
A petition for certiorari seeking to annul and set aside the Order dated October 3, 2003, issued by respondent Judge Jose C. Pilar of the Regional Trial Court of Ilocos Norte, sitting in Bangui, in Civil Case No. 711-19...
Promulgated on 2005-06-29

163. CA GR CV 58165: Lydia Lim vs. Lilia Agu
This is an appeal from the Decision [Rollo, pp. 44-49] dated September 10, 1997, of the Regional Trial Court [Branch 7, Legaspi City] docketed as Civil Case No. 9110, the dispositive portion of which reads: "WHEREFORE, in view of the foregoing, decisi...
Promulgated on 2005-06-29

164. CA GR CV 75926: PERMANENT HOMES, INC. VS. SOLIDBANK CORPORATION,
Challenged in the instant appeal is the Decision of the Regional Trial Court of Makati City, Branch 58, dated July 5, 2002, in Civil Case No. 98-654, which is an action for the declaration of nullity or annulment of the increases in interest rates on the...
Promulgated on 2005-06-29

165. CA GR SP 77082: CONCERNED CITIZENS OF CONCENCION, INC. VS. MUNICIPALITY OF CONCEPCION, TARLAC, ET AL.
This is a petition for certiorari under Rule 65 of the 1997 Rules of Civil Procedure seeking to annul and set aside the Orders dated February 18, 2003 and February 23, 2003 of respondent Regional Trial Court, Capas, Tarlac, Branch 66...
Promulgated on 2005-06-29

166. CA GR CR 00980: PEOPLE OF THE PHILIPINES vs FERNANDO L. RAMOS,ET AL
This is an appeal from the Decision dated February 04, 1998 of the Regional Trial Court of Quezon City, Branch 103, in Criminal Case No. Q-96-65096, which is a case for Murder....
Promulgated on 2005-06-29

167. CA GR CV 77049: PILAR DEVELOPMENT CORPORATION vs CHRISTINA GIGANTONI
Laches means the failure or neglect for an unreasonable and unexplained length of time that which, by observance of due diligence, could or should have been done earlier. It is the negligence or omission to assert a right within a reasonable time, war...
Promulgated on 2005-06-29

168. CA GR CR 28626: PEOPLE OF THE PHILIPPINES vs ELVIRA JOSON aka Elvie
The appellant Elvira Joson aka Elvie (or hereafter Elvira), together with her husband Benjamin Joson (or Benjamin) and her mother Susan Sunga (or Sunga), were charged with Estafa at the instance of Eduardo T. Valerio, Jr. (or Valerio), purportedly commi...
Promulgated on 2005-06-29

169. CA GR CV 73576: GRACITA A. CANQUE vs LUCIA A. CANQUE-ANG,
Before Us on appeal is the decision of the Regional Trial Court, Branch 20 of Imus, Cavite in Civil Case No. 1329-96 for annulment of title over a piece of residential lot located at Block A-7, Lot 8, Brgy. San Simon, Area C, DBB, Dasmarinas, Cavite co...
Promulgated on 2005-06-29

170. CA GR CV 74820: EXEQUIEL EVANGELISTA, et al vs HOTEL DEVELOPMENT CORPORATION
When invoking force majeure or act-of-God doctrine as a defense, all human agencies are required to be excluded from creating the cause of the mischief. When the effect is found to be in part the result of the participation of man, whether due to his...
Promulgated on 2005-06-29

171. CA GR CV 83331: HEIRS OF JOSE LIM vs JULIET VILLA LIM
The appellees are the heirs of Jose Lim, namely his widow Cresencia Palad and their children Elenito, Evelia, Imelda, Edelyna and Edison all surnamed Lim (or hereafter the appellees). Represented by the said Elenito Lim, they filed this suit for Partiti...
Promulgated on 2005-06-29

172. CA GR SP 77789: LOURDES S. PASCUAL vs HON. CRISANTO CONCEPCION,ET AL
The petitioner Lourdes S. Pascual (or hereafter the petitioner) was sued by the respondent Constantino A. Pascual (or the respondent) for Specific Performance with Prayer for the Issuance of Writ of Preliminary Mandatory Injunction with Damages before t...
Promulgated on 2005-06-29

173. CA GR CV 84037: IN THE MATTER OF THE PETITION FOR CORRECTION OF CERTIFICATE OF LIVE BIRTH L.C.R. NO. 92-239
This pertains to the Withdrawal of Appeal filed by the Appellant Republic of the Philippines through the Office of the Solicitor General (OSG) on 01 June 2005....
Promulgated on 2005-06-29

174. CA GR CV 83260: Sps. Jovencio and Consorcia Abila vs. Stronghold Insurance Co.
Before Us is a Joint Motion to Dismiss Appeal filed on 10 March 2005 by both parties, praying for the dismissal of the subject appeal by virtue of a Compromise Agreement dated 3 March 2005 executed and signed by plaintiff-appellees SPOUSES JOVENCIO and C...
Promulgated on 2005-06-29

175. CA GR CV 69255: SPS. JOSE and GLORIA CAMANO VS. PLDT CO.
On appeal is the Decision of the Regional Trial Court of Quezon City, Branch 222, dated 20 October 2000...
Promulgated on 2005-06-29

176. CA GR CV 81183: Sps. Severiano & Basilia Catapang vs. Republic of the Phils.
Applicants seeking to judicially confirm their title under Section 14(1) of Presidential Decree No. 1529 has the burden of proof to show: (1) that the land sought to be registered is alienable and disposable land of the public domain, and has been classif...
Promulgated on 2005-06-29

177. CA GR CV 82207: Nestor Padilla vs. Luningning Villaroman, et al.
On January 24, 2005, this Court issued the Notice to File Brief in instant case. A copy of said notice sent to Atty. Noel J. Buenaventura, counsel of record for plaintiff-appellant, was received on February 9, 2005....
Promulgated on 2005-06-29

178. CA GR SP 90076: Atty. Erlando A. Abrenica vs. Danilo N. Tungol, et al.
For resolution before this Court is petitioner's Motion for Leave of Court to Admit Attached Petition for Review under Rule 43 of the Revised Rules of Court....
Promulgated on 2005-06-29

179. CA GR SP 83812: CT CITIMOTORS MAKATI EMPLOYEES, INC. vs CT CITIMOTORS, INC.- MAKATI and SECRETARY OF LABOR
This is a petition for certiorari filed by CT CITIMOTORS Makati Employees, Inc. assailing the Decision and Resolution issued by Patricia Sto. Tomas in her capacity as the Secretary of Labor and as Voluntary Arbitrator, in a labor controversy between the...
Promulgated on 2005-06-29

180. CA GR CV 56479: Efren P. Manaois, et al. vs. Catalino B. Maron, et al.
Contested before the Regional Trial Court of Pangasinan (Lingayen, Branch 39), in an action for specific performance, injunction and damages, were six parcels of fishpond with total area of 5.0298 hectares and situated at Brgy. Lomboy, Binmaley, Pangasin...
Promulgated on 2005-06-29

181. CA GR SP 87651: Phil. Carpet Employees Asso. vs. Hon. Patricia Sto. Tomas, et al.
Finding the arguments in the petitioner's Motion for Reconsideration of this Court's decision dated April 19, 2005 to be mere reiteration or rehash of the arguments already passed upon by this Court, said motion is hereby DENIED for lack of merit....
Promulgated on 2005-06-29

182. CA GR CV 69533: Sps. Wilson Uy & Mary Jane Coronel vs. Republic of the Phils.
This is an appeal from the Decision of the Regional Trial Court, Branch XV, Naic, Cavite, in LRC Case No. NC-96-711, entitled "Petition for Original Registration of Parcels of Land in Mendez, Cavite, Spouses Wilson Uy and Mary Jane Coronel, applicants"...
Promulgated on 2005-06-29

183. CA GR CV 83820: Sta Lucia Ready Mix & Construction Corp. vs.Kraft Development Corp
On Jan. 14, 2005, this Court issued the Notice to File Brief in instant case. A copy of said notice sent to Atty. Jesus Vicente B. Capellan, counsel for defendant-appellant, was received on Jan. 25, 2005....
Promulgated on 2005-06-29

184. CA GR CV 74297: Josefa Capco Vda. De Estacio vs. Republic of the Phils.
Before this Court is an appeal from the Decision of the Regional Trial Court (RTC) of Pasig City, Branch 159 in LRC Case No. N-11383 entitled "IN RE: Registration of Land Under P.D. No. 1529, Josefa Capco Vda. de Estacio, applicant"...
Promulgated on 2005-06-29

185. CA GR SP 84899: Zosimo Gitana vs. Maria Lina Van Heugten, Leticia Salvador-Tojos, et al.
Before Us is a Petition for Prohibition with prayer for Preliminary Injunction and Temporary Restraining Order seeking to enjoin a Hearing Committee, constituted by the University of the Philippines (U.P.) Diliman Office of Anti-Sexual Harassment, from c...
Promulgated on 2005-06-29

186. CA GR SP 84356: SPOUSES MAGDALENA and CORNELIO SAMSON vs. HON. CESAR M. SOLIS, et al.
There being no compelling reason to modify, reverse or reconsider the Decision rendered in the case dated January 19, 2005, petitioners' Motion for Reconsideration dated February 5, 2005, is DENIED,...
Promulgated on 2005-06-29

187. CA GR CV 68050: Fabian O. Mendez, Jr. vs. Intestate Estate of Laura & Jose Mendoza, et al.
Before Us on appeal is the Order dated April 6, 2000 rendered by Branch 23, Regional Trial Court, 5th Judicial Region, Naga City in Civil Case No. 99-4419 which dismissed the complaint and denied appellant's petition for contempt....
Promulgated on 2005-06-29

188. CA GR SP 80944: Inocensia O. Villasaya vs. Hon. Thelma C. Trinidad-Pe Aguirre, et al.
Before the Regional Trial Court of Quezon (Gumaca, Branch 62), presided over by Hon. Thelma C. Trinidad-Pe Aguirre (or respondent judge), was an action for recovery of possession of an agricultural land (or subject land) with an area of 2,106 square mete...
Promulgated on 2005-06-29

189. CA GR CV 80763: William A. Borromeo vs. RP
Before this Court is an appeal from the decision dated August 21, 2003 of the Municipal Trial Court in Cities, Fifth Judicial Region, Branch 1, Iriga City, in LRC Case No. 11, LRA Record No. 67992...
Promulgated on 2005-06-29

190. CA GR CV 80525: Danilo Rivamonte vs. Nanette Vasquez-Rivamonte, Republic of the Phils.
"Article 36 of the Family Code is not a cure-all answer for failed marriages." This case involves the annulment of an almost 20 year old marriage between petitioner-appellee Danilo E. Rivamonte and respondent Nanette A. Vasquez-Rivamonte....
Promulgated on 2005-06-29

191. CA GR CV 71831: JOSEPHINE DE GUZMAN vs. SPOUSES JOSE and MILAGROS VILLACERAN, et al.
A careful perusal of the arguments raised by the defendantsappellants in their Motion for Reconsideration dated December 22, 2004, shows no cogent justifiable reason to recall or reverse the Decision rendered in this case dated November 26, 2004....
Promulgated on 2005-06-29

192. CA GR SP 89993: ROGELIO C. BERNARDINO VS SPEED CONSTRUCTION DEVELOPMENT CORP., and SOLID HOMES, INC.
Before Us is a Petition for Review dated 02 June 2005 filed under Rule 42 of the 1997 Rules of Civil Procedure. A cursory perusal of the Petition shows that it is accompanied only by a certified xerox copy of the Decision dated 16 February 2005 of the ...
Promulgated on 2005-06-29

193. CA GR CR 23298: PEOPLE OF THE PHILIPPINES vs DIOMEDES RICAFRENTE y ESTILLES alias DIOMENG
We are called upon in this appeal to review the lower court's decision finding the testimonies of the prosecution witnesses sufficiently credible and trustworthy to prove the guilt of the accused of the offense charged....
Promulgated on 2005-06-29

194. CA GR CV 63451: Willie R. Pineda vs. Lourdes Galido and Teofilo Rafols
This is an appeal brought by Teofilo Rafols from the Apr 26 '99 Decision rendered by Quezon City RTC, Br.78, w/c reads: WHEREFORE, judgment is rendered vs. the defendant Teofilo Rafols to pay the herein plaintiff Willie R. Pineda, the ff: a. Actual damage...
Promulgated on 2005-06-29

195. CA GR SP 89880: ANTONIO PASCUAL AND BENIGNO NATO vs. HOUSING AND LAND USE REGULATORY BOARD, et al.
THE PETITIONERS SEEK RECONSIDERATION OF OUR RESOLUTION ISSUED ON JUNE 29, 2005 DISMISSING THE PETITION FOR REVIEW WITHOUT PREJUDICE TO AN APPEAL TO THE OFFICE OF THE PRESIDENT, IF STILL AVAILABLE....
Promulgated on 2005-06-29

196. CA GR CR 00222: People vs. Apolinario Valencia y Bernardo
Before this Court is an appeal from the Decision dated June, 2002 of the Regional Trial Court (RTC), Third Judicial Region, Branch 21, Malolos, Bulacan in Criminal Cases Nos. 1272-M-2000 and 1273-M-2000...
Promulgated on 2005-06-29

197. CA GR SP 85327: Jose Chan and Luis Chan vs. Patricia Sto. Tomas, Rose Gauran, et al.
Republic Act No. 7730, the law governing the visitorial and enforcement powers of the Labor Secretary and his representatives, is a curative statute. It seeks to do away with the jurisdictional limitations imposed through the Servando ruling...
Promulgated on 2005-06-29

198. CA GR SP 90093: Tabangao Shell Refinery Employees Asso. vs. DOLE and Pilipinas Shell Petroleum Corp.
The instant Petition for Certiorari is not accompanied by original or certified true copies of the following resolutions, pleadings and documents necessary to support the allegations in the petition, in violation of Section 1, Rule 65 of the Rules on C...
Promulgated on 2005-06-28

199. CA GR CV 84239: Sps. Vicente and Renee B. Tanchuling vs. Teresita Reyes
Per Report of Judicial Records Division (JRD) dated 15 June 2005, appellant has failed to file her brief within the reglementary period....
Promulgated on 2005-06-28

200. CA GR SP 89198: Joeford Fishing Corp. vs. Antipolo Cty RTC P.Judge, Natalia Fulgencio-Sta. Ana, et al.
This is a Petition for Certiorari w/ Application for Injunction, Preliminary Injunction, Prelim. Mandatory Injunction and TRO assailing the Mar 2 '05 Order by the Antipolo City RTC, Branch 74 in Civ.Case No. 04-7330,...
Promulgated on 2005-06-28

201. CA GR CV 58081: Philippne American Life Insurance vs. The City of Batangas, et al.
This is an appeal filed from the Aug 15 '97 decision of the Manila RTC, Branch 21, in Civil Case No. 94-70664 ... w/c reads as: "WHEREFORE, premises considered, defendants are hereby ordered to make the necessary adjustment in refunding or crediting the...
Promulgated on 2005-06-28

202. CA GR CV 76774: Sps. Edwin and Nancy Lascano vs. M.A.O. Lending Corp., Jesus I. Dungca, et al.
On appeal is the Decision [Record, p. 242], dated August 13, 2002, rendered by Branch 218 of the Regional Trial Court of Quezon City, the dispositive portion of which reads: "WHEREFORE, premises considered, this Court hereby renders judgment in favor...
Promulgated on 2005-06-28

203. CA GR CV 82992: LOURDES PIDLAOAN vs. SPOUSES CESAR VALDEZ and MARLYN VALDEZ
This is an appeal from the Order dated August 6, 2002, ( pp. 39-40, Records) of the Regional Trial Court of Dagupan City, Branch 44, dismissing Civil Case No. 2001-0168-D, entitled "Lourdes Pidlaoan vs. Spouses Cesar Valdez and Marlyn Valdez," for Ann...
Promulgated on 2005-06-28

204. CA GR SP 89109: SPS. ALFREDO SOLIMAN, et al vs. ALEGAR CORPORATION
As only four of the twenty-two petitioners, two of whom are deceased, signed the verification/certification of nonforum shopping, and considering that the petition is not accompanied by certified true copies of relevant documents, such as summons, she...
Promulgated on 2005-06-28

205. CA GR SP 87357: ESMERALDA ARGUELLES VS. SPOUSES DICKSON NANTES AND CORAZON NANTES
This pertains to the Motion for Reconsideration filed by petitioner through counsel on 03 January 2002, seeking for the Reconsideration of the Decision dated 28 November 2001, the decretal portion of which reads:...
Promulgated on 2005-06-28

206. CA GR SP 89498: L & M MAXCO COMPANY, INC. VS. SOFIO EMBALSADO
This is a petition for review under Sections 1 and 2, Rule 42 of the 1997 Rules of Civil Procedure of the December 13, 2004 Decision of the Regional Trial Court, Quezon City, Branch 45, Manila, in Civil Case No. 173579-CV...
Promulgated on 2005-06-28

207. CA GR SP 63863: ESMERALDA ARGUELLES vs. SPOUSES DICKSON NANTES AND CORAZON NANTES
This pertains to the Motion for Reconsideration filed by petitioner through counsel on 03 January 2002, seeking for the Reconsideration of the Decision dated 28 November 2001, the decretal portion of which reads:...
Promulgated on 2005-06-28

208. CA GR SP 78757: CARLITO D. REYES vs ARNEL F. MENDOZA vs ARNEL F. MENDOZA,ET AL
Challenged in this petition for review (Under Rule 43, Revised Rules of Court) are the following: A. C.A.-G.R. SP No. 79209 1. Joint Resolution (Annex "K" of the Petition, Rollo,pp. 415-432, C.A.-GR SP No. 79209) of the Office of the Ombudsman...
Promulgated on 2005-06-28

209. CA GR CV 62274: SUNLIFE ASSURANCE CO. OF CANADA vs. MILAGROS CARMONA TORIBIO, et al.
Before Us is an appeal which seeks to annul and set aside the November 27, 1998 Decision of the Regional Trial Court, Branch 57, Makati, Metro Manila, in Civil Case No. 98-378...
Promulgated on 2005-06-28

210. CA GR CR 26982: Rodolfo Caburnay vs Hon. N. Felix, et al.
UP for Our review is the judgment of the Regional Trial Court (RTC) affirming the conviction by the Metropolitan Trial Court (MTC) of petitioner Rodolfo Caburnay for grave threats....
Promulgated on 2005-06-28

211. CA GR CV 57420: FUJI-TRIUMPH AGRIINDUSTRIAL CORP. vs. SHRIMP SPECIALISTS, INC., et al.
This is an appeal from the April 15, 1997 Decision of the Regional Trial Court, Branch 76, Quezon City in Civil Case No. Q-90-7078, an action for the collection of a sum of money for the purchase of prawn feeds...
Promulgated on 2005-06-28

212. CA GR SP 87548: Sps. Catalino and Carol Ordono vs Quirico Breta
ACTING on the motion to withdraw the petition for review filed by petitioner through counsel, alleging that the parties have entered into a memorandum of agreement ending their respective controversies, the petition is hereby allowed to be WITHDRAWN...
Promulgated on 2005-06-28

213. CA GR CR 00949: PEOPLE OF THE PHILIPPINES vs JAIME AYOCHOK Y TAULI
This is an appeal from the decision rendered by the Regional Trial Court of Baguio City (Branch 6) convicting herein accused-appellant of the crime of murder and sentencing him to suffer the penalty of reclusion perpetua....
Promulgated on 2005-06-28

214. CA GR CV 83240: Tower Feeds Corp. vs. Generoso Marasigan
The right to appeal is neither a natural right nor a part of due process. The party who seeks to avail of the same must comply with the requirements of the rules, failing to do so the right to appeal is lost....
Promulgated on 2005-06-28

215. CA GR CV 58799: MA. MILAGROS LASALA CRUZ vs. REPUBLIC OF THE PHILIPPINES
On appeal is the Order (dated December 08, 1997) of the trial court in LRC Case Civil No. 96-0125, the dispositive portion of which reads, thus:...
Promulgated on 2005-06-28

216. CA GR CV 77626: SPOUSES CESAR AND AURORA L. DE ASIS vs. MARIANO SOMERA
Acting on the defendant-appellant's Motion for Reconsideration of this Court's November 30, 2004 Decision which denied the appeal and affirmed the decision of the trial court, we find no cogent or justifiable reason to grant the same....
Promulgated on 2005-06-28

217. CA GR CV 74328: SPOUSES PEDRO N. LOMA and ESTRELLA L. LOMA vs DR. VICENTE NY TANCHULING
The rules of procedure are designed to ensure a fair, orderly and expeditious disposition of cases; however, the rules are not meant to allow hasty judgments at the price of great injustice. Where a strict and unflinching reliance on technical rules wi...
Promulgated on 2005-06-28

218. CA GR CV 79706: NORMA ROYALES VS. REPUBLIC OF THE PHILIPPINES
We have appreciated oppositor-appellant's arguments in seeking a reconsideration of Our April 29, 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 2005-06-28

219. CA GR CV 60818: ANGELINA ANTIPALA vs SPOUSES BRENDA and RAMON GABRIEL
This is an appeal from the Decision of the Regional Trial Court, Branch 78, Quezon City, the dispositive portion of which reads: "FROM THE FOREGOING MILIEU, this Court hereby renders judgment in favor of plaintiff and against the defendants, ordering...
Promulgated on 2005-06-28

220. CA GR CV 81895: ATTY. CEZAR G. GOMEZ, et al., VS. ROLANDO CAYABYAB and PAULINA CANOY
Pursuant to Sec. 1 (c), Rule 50 of the 1997 Rules of Civil Procedure, the extant appeal is considered ABANDONED and accordingly DISMISSED for failure of the appellants to pay the deficit docketing fees in the amount of P20.00 and for continuously ignor...
Promulgated on 2005-06-28

221. CA GR SP 83234: DYSON SURFACE COATING CORPORATION vs HONORABLE FLORO P. ALEJO et al.,
Before us is the petition for certiorari1 filed under Rule 65 of the Revised Rules of Court by petitioner Dyson Surface Coating Corporation ("Dyson"). The petition seeks to nullify the inter-related orders2 of Branch 172 of the Regional Trial Court of...
Promulgated on 2005-06-28

222. CA GR SP 75902: GREGORIO C. GUIDO and MIGUELA N. GUIDO VS. WARLITO CERDONCILLO, ET AL.
Before us is a Motion for Reconsideration filed by petitioner/appellants of our decision promulgated on March 17, 2005 denying their petition for lack of merit....
Promulgated on 2005-06-28

223. CA GR SP 78954: GEMSTAR COMMERCIAL CORPORATION et al., vs ISIDRO ESCANILLA,
Before us is the Petition for Review1 under Rule 43 of the Rules of Court filed by petitioners Gemstar Commercial Corporation ("Gemstar") and Jose G. De Jesus ("Jose") to reverse and set aside the Orders dated May 13, 20032 and July 21, 2003 of the Off...
Promulgated on 2005-06-28

224. CA GR SP 78732: ACTIVE REAL ESTATE &MARKETING CORPORATION et al., vs EDWARD F. FERRER,
For our resolution is the Petition for Review1 (the "petition") under Rule 43 of the Rules of Court filed by petitioners Active Real Estate & Marketing Corporation ("ARMCORP") and Active Realty & Development Corporation ("ARDC") to reverse and set asid...
Promulgated on 2005-06-28

225. CA GR CR 29128: PEOPLE OF THE PHILIPPINES VS. ARTURO ALBAY
In compliance with this court's May 9, 2005 Resolution, Atty. Alteza filed a Comment and, subsequently, a Manifestation and Motion to withdraw appeal with attached written conformity of the accused-appellant Arturo Albay. (Rollo, pp. 32-37)...
Promulgated on 2005-06-28

226. CA GR SP 49874: SPOUSES MELCHOR G. VENTURINA & IMELDA Q. VENTURINA vs PHIL-VILLE DEVELOPMENT & HOUSING CORPORATION
This is a Petition for Review under Rule 43 of the 1997 Rules of Civil Procedure seeking the annulment of the November 18, 1998 Decision of the Office of the President....
Promulgated on 2005-06-28

227. CA GR SP 83098: JOSE RODRIGUEZ vs NATIONAL LABOR RELATIONS COMMISSION
This is a Petition for Certiorari under Rule 65 of the 1997 Rules of Civil Procedure that seeks the nullification of the September 4, 2003 and January 13, 2004 Resolutions of herein public respondent which respectively denied petitioner's appeal and mo...
Promulgated on 2005-06-28

228. CA GR SP 85148: D.M. CONSUNJI, INC. and DAVID M. CONSUNJI vs. AMADO POLISTICO, et.al.
This is a petition for certiorari to annul the decision of the National Labor Relations Commission (NLRC), dated October 30, 2003, and its resolution dated April 27, 2004, affirming with modifications the decision dated February 14, 2003, of Labor Arbi...
Promulgated on 2005-06-28

229. CA GR CV 84164: Ma. Theresa delos Reyes Villaflores vs. RP
Section 1 (e), Rule 50 of the 1997 Rules of Civil Procedure, as amended, provides: Section 1. Grounds for dismissal of appeal. ? An appeal may be dismissed by the Court of Appeals, on its own motion or on that of the appellee, on the following grounds:...
Promulgated on 2005-06-28

230. CA GR SP 87982: Ang Tian Su Sons, Inc. vs The Director General of the Intellectual Property Office, et al.
Before this Court is a petition for review under Rule 43 of the 1997 Rules of Civil Procedure of the decision dated December 8, 2004 of the Director General of the Intellectual Property Office in Appeal No. 14-2004-00001 (Inter Partes Case No. 3921)...
Promulgated on 2005-06-28

231. CA GR SP 81877: ASSET PRIVATIZATION TRUST vs. PHILIPPINE SUGAR CORPORATION
We have carefully perused the arguments raised in petitioner's Motion for Reconsideration dated January 18, 2005, and found the Motion offering no compelling reason to modify or reverse the decision rendered in this case....
Promulgated on 2005-06-28

232. CA GR CV 69229: Maximina P. de Obieta vs. Athos de Obieta, et al.
This is an appeal from the Order1 dated 28 December 1999 of the Regional Trial Court of Manila, Branch 8, dismissing the Complaint in Civil Case No. 96-813222 for failure to show that earnest efforts towards a compromise have been made by the parties, wh...
Promulgated on 2005-06-28

233. CA GR CV 78850: SPOUSES BERNARDO AGALOOS et al., vs VIRGINIA STA. CRUZ AGALOOS,
Before us is the appeal by Virginia Sta. Cruz Agaloos ("Virginia") from the Decision1 dated September 27, 2001 of the Regional Trial Court (RTC), Branch 222, Quezon City (the "lowercourt"), in CIVIL CASE No. Q98-35656....
Promulgated on 2005-06-28

234. CA GR SP 89450: SPECIFIED CONTRACTORS & DEVELOPMENT INC., ET. AL. VS. OFFICE PF THE PRESIDENT, ET. AL.
Before this Court is a petition for review under Rule 43 of the Rules of Court which seeks to annul and set aside the Orders dated February 14, 2005 and March 31, 2005 of the Office of the President in OP Case 04-J-451....
Promulgated on 2005-06-28

235. CA GR SP 89526: WILLIAM BAYHON VS. HON. MERCEDES POSADA-LACAP, ET. AL.
Before Us is a Petition with Manifestation/Motion to Adopt Petition and to Consolidate, praying that the instant case be consolidated with CA-G.R. SP No. 88438 and the petition filed therein be allowed to form part of the present petition....
Promulgated on 2005-06-28

236. CA GR SP 88609: HEIRS OF EUSEBIO CADILE, ET. AL. VS. EDMUNDO PARCIA, ET AL.,
For failure of the petitioners to file their petition for review within the extended period granted by this Court contained in its Resolution dated March 3, 2005, the petition is declared ABANDONED and DISMISSED....
Promulgated on 2005-06-28

237. CA GR SP 57199: PHILIPPINE INDUSTRIAL SECUTIRY CORP. VS. OSCAR CONTACTO and NLRC
On November 8, 2004, this Court issued a Resolution directing petitioner to comment and/or manifest its conformity to the Manifestation2 filed by its counsel that this case had been amicably settled, within ten (10) days from notice, failing which, thi...
Promulgated on 2005-06-28

238. CA GR SP 86762: ADELINA A. S. YUSON vs. NATIONAL LABOR RELATIONS COMMISSION, et. al.
Labor cases must be decided according to justice and equity and the substantial merits of the controversy (EOI Staff Builders International, Inc. vs. Magsino, 359 SCRA 212)....
Promulgated on 2005-06-28

239. CA GR SP 86541: LILIA I. CUETO and VEDASTO CUETO vs. HON. LIBERATO C. CORTES, et. al.
In this Petition for Certiorari under Rule 65 of the 1997 Rules of Civil Procedure, petitioners seek the setting aside of the March 31, 2004 and July 30, 2004 Orders of the Regional Trial Court, Br-8, Batangas City (hereinafter referred to as RTC) which...
Promulgated on 2005-06-28

240. CA GR SP 87723: DOLE PHILIPPINES, INC. VS. HON. REINATO G. QUILALA
Acting on the petitioner's Motion for Reconsideration of this Court's May 20, 2005 Decision denying due course to the petition, we find no cogent or justifiable reason to grant the same....
Promulgated on 2005-06-28

241. CA GR CR 00346: PEOPLE OF THE PHILIPPINES vs. GERARDO MURILLO, JR.
Gerardo Murillo, Jr. appeals the Decision1 of the Regional Trial Court of Las Pinas City in Criminal Cases Nos. 97-0274 and 97-0275, convicting him of the crimes of statutory rape and acts of lasciviousness, respectively....
Promulgated on 2005-06-28

242. CA GR SP 89415: SOLID ENGINE REBUILDERS CORP. & JOAQUIN G. vs. NATIONAL LABOR RELATIONS
The second prayer for extension of another fifteen (15) days from May 22, 2005 or until June 06, 2005 within which to file petition, was granted by this court for the last time. Another extension of five (5) days from June 06, 2005 or until June 11, 2...
Promulgated on 2005-06-28

243. CA GR CV 63713: ROGACIANO BALTAZAR, SR. vs. REPUBLIC OF THE PHILIPPINES
On 12 August 1977, a fire in the Office of the Register of Deeds of Calapan, Oriental Mindoro, destroyed, among others, the original copy of OCT No. P-11648, covering a 424-square meter parcel of land located in Barrio Bagumbayan, Roxas, Oriental Mind...
Promulgated on 2005-06-28

244. CA GR SP 80431: JOSEFINA MUNSAYAC vs. ERASMO SP CRUZ et al..
This is a petition for certiorari under Rule 65 of the Rules of Court seeking to declare null and void the decision of the public respondent Provincial Agrarian Reform Adjudication Board, Department of Agrarian Reform, Region III San Fernando, Pampanga...
Promulgated on 2005-06-28

245. CA GR CV 59501: Francisco Ramboanga vs. Republic of the Philippines
The Rep. of the Phils. appeals the Feb 13 '98 Decision of the 3rd Municipal Circuit Trial Court in Caoyan-Sta. Catalina, Ilocos Sur, w/c granted the applctn. for original registration of title of Lot 30, CAD 551-D, Sta. Catalina Cadastre, Ilocos Sur....
Promulgated on 2005-06-28

246. CA GR CV 57057: MERCEDES S. AISON vs. SIMPLICIA PLANAS
Before Us is an appeal from the Decision dated August 15, 1996 of Branch 31 of the Regional Trial Court of San Pedro, Laguna in Civil Case No. B-4205...
Promulgated on 2005-06-28

247. CA GR CV 63704: Samahang Magkakapatiran vs. Valenzuela MTC Br.82 Judge Coprpus-Cobochan, et al.
This is an appeal by plaintiffs-appellants from the Order [Rollo, pp.29-32] of the Regional Trial Court [Br. 172, Valenzuela City], dated February 26, 1999, in Civil Case No. Civil Case No. 5064-V-96, the dispositive portion of which reads:...
Promulgated on 2005-06-28

248. CA GR CR 25249: People vs. Galo Monge and Edgar L. Potencio
Before Us for review is the Decision, dated February 15, 2001, of the Regional Trial Court, Branch 35, Iriga City, in Criminal Case No. IR-4177, finding GALO MONGE guilty of violation of Section 78 of PD 705, as amended....
Promulgated on 2005-06-28

249. CA GR CR 00098: People vs. Lea Sorolla y Prepose
Before Us for review is the Decision of the Regional Trial Court, Branch 27, City of San Fernando, La Union, in Criminal Case No. 4698, finding Leo Sorolla y Prepose guilty beyond reasonable doubt of the crime of Rape and sentencing him to suffer the s...
Promulgated on 2005-06-28

250. CA GR CR 27649: People vs. Danil Campos @ Danny
May an accused be convicted of a crime absent a sworn statement from the lone eyewitness but who, nevertheless, testified on affirmative matters concerning the homicidal assault against the victim? The query is posed in this appeal of appellant Danilo ...
Promulgated on 2005-06-28

251. CA GR CV 62697: Julio M. Barbosa vs. Joli M. Godinez ; R.P.
Before Us, on Appeal, is the Decision [Record, p. 96], dated January 29, 1999, rendered by Branch 259 of the Regional Trial Court of Paranaque City, the dispositive portion of which reads: "WHEREFORE, premises considered, the marriage contracted by he...
Promulgated on 2005-06-28

252. CA GR CV 63985: Annie Tan (AJ & T Trading) vs. Optimum Motor Center Corp.
Before this Court is the twin appeal from the Decision dated May 31, 1999 of the Regional Trial Court, Branch 19, Manila in Civil Case No. 94-71847 for Recovery of Property with Application for Writ of Replevin....
Promulgated on 2005-06-28

253. CA GR CR 01017: People vs. Wilfredo Talamor, Sr.
From the Supreme Court, the case of appellant Wilfredo Talamor, Sr., is now before this Court for intermediate review of the Decision convicting him of murder with the accompanying penalty of reclusion perpetua....
Promulgated on 2005-06-28

254. CA GR CV 84212: LUISA A. ANG, vs PETRONILA AGUSTIN, ET AL.,
Appellant's Motion to Withdraw Appeal is GRANTED and the appeal is accordingly considered WITHDRAWN and TERMINATED....
Promulgated on 2005-06-28

255. CA GR CV 74001: ROGELIO I. GUIPIT VS. REPUBLIC OF THE PHILIPPINES
On November 15, 1999, plaintiff-appellee Rogelio I. Guipit, as attorney-in-fact of six (6) registered owners of six (6) different parcels of agricultural land located at Barangay Barigon, Agoncillo, Batangas,...
Promulgated on 2005-06-28

256. CA GR SP 88805: Sharikat Al-Saedi Int'l. Manpower, Inc. vs. DOLE Secretary and Aguilar Angcon
This Petition for Certiorari seeks to annul and set aside the Order dated June 21 '04 issued by the Secretary of the Dept. of Labor and Employment, w/c dismissed petitioner's appeal from the POEA Administrator's Order dated November 21, 2003,...
Promulgated on 2005-06-28

257. CA GR SP 73943: Eulalia & Gregoria Salonga vs. Cabanatuan Cty RTC Judge, Ben Reyes, Rafael Avendaño, et al.
Assailed in this petition for certiorari is the July 23 '02 and Sept 5 '02 Orders of the public respondent Hon. Judge Ubaldino A. Lacurom of Cabanatuan City RTC, Br.30. Judge Lacurom in his first order declared null and void the Alias Writ of Execution...
Promulgated on 2005-06-28

258. CA GR CR 00918: PEOPLE OF THE PHILIPPINES vs. ALEXANDER VILLAFUERTE
On appeal is the decision of the Regional Trial Court of Caloocan City, finding accused-appellant Alexander Villafuerte y Piene guilty beyond reasonable doubt of the crime of rape for which he was sentenced to reclusion perpetua....
Promulgated on 2005-06-28

259. CA GR CR 00863: PEOPLE OF THE PHILIPPINES vs. HALIL GAMBAO y ESMAIL, et al
In Criminal Case No. 98-0928, accused-appellants HALIL GAMBAO y ESMAIL, EDDIE KARIM y USO, EDWIN DUKILMAN y SUBOH, TONY ABAO y SULA, RAUL UDAL y KAGUI, TENG MANDAO y HARON, THENG DILANGALEN y NANDING, JAMAN MACALINBOL y KATOL, MONETTE RONAS y AMPIL, N...
Promulgated on 2005-06-28

260. CA GR CV 73094: Sps. Jessie Ray and Luticia S. Wilson vs. Rep. of the Phils.
This is an appeal from the Decision, dated September 20, 2001, rendered by the Regional Trial Court, Branch 73, Olongapo City, the dispositive portion of which reads: "WHEREFORE, judgment is hereby rendered declaring minors NICO ALDWIN BUNDANG and GIN...
Promulgated on 2005-06-28

261. CA GR CV 70225: Juvy T. Pantig vs. The Estate of Engracia V. Lagman, et al.
On appeal before Us is the decision rendered on Feb 23, 2001 by Br 51, RTC, Mla, the dispositive portion of w/c states, to wit: "WHEREFORE, in view of the foregoing, judgment is hereby rendered in favor of plaintiff, ordering the Lagman Estate to pay...
Promulgated on 2005-06-28

262. CA GR CV 83916: SPS. ROGELIO and FLORANGEL LIU, ET.AL. VS. PELAGIA FULGUERAS
For failure of the appellant to file her brief within the extended period granted by this Court in its Resolution dated April 11, 2005, the appeal is now considered ABANDONED and accordingly DISMISSED pursuant to Section 1(e), Rule 50 of the 1997 Rules o...
Promulgated on 2005-06-28

263. CA GR CV 56388: ASIA BREWERY, INC. vs. RUFINO T. MAGBANUA
Before Us, on review is a Decision (dated July 03, 1997) of the Regional Trial Court (Branch 146), City of Makati in Civil Case No. 94-2193 (damages), dismissing the case for lack of merit....
Promulgated on 2005-06-28

264. CA GR CV 61969: Lilia I. Zalun vs. Hermogenes Zalun
This is an appeal from the Judgment, dated September 30, 1998, rendered by the Regional Trial Court, Branch 4, Tuguegarao, Cagayan, the dispositive portion of which reads: "WHEREFORE, the court hereby renders judgment: 1) Declaring the marriage betwee...
Promulgated on 2005-06-28

265. CA GR SP 67986: ARMANDO PEREA vs SOCIAL SECURITY SYSTEM
Petitioner Armando Perea (or Perea for brevity), in this Petition for Review under Rule 43 of the Rules of Court, assails the Decision dated September 14, 2001 of the Employees? Compensation Commission (or ECC) in ECC Case No. MS-11985-1200 affirming the...
Promulgated on 2005-06-27

266. CA GR CV 69925: Edgewater Realty Dev't., Inc.. vs. MWSS and Manila Water Company
This is an appeal from the Jan 15 '01 Decision of the Quezon City RTC, Branch 82, in Civil Case No. Q-96-28405 for Injunction with prayer for the issuance of temporary restraining order and/or writ of preliminary injunction,...
Promulgated on 2005-06-27

267. CA GR CV 80130: C-LINK PTE LIMITED SINGAPORE, VS. CREWLINK, INC, ET. AL.
On appeal is the decision dated 16 September 2002 of Branch 35 of the Regional Trial Court of Manila in Civil Case No. 97-84104,...
Promulgated on 2005-06-27

268. CA GR CV 76762: BPI LEASING CORPORATION,et al. vs. MA. ROMAYNE MIRANDAKAWAMOTO
This is an appeal from the resolution of the Regional Trial Court, Branch 276, Muntinlupa City, denying BPI Leasing Corporation's petition for the issuance of a writ of possession on the ground that there is a pending action for the annulment of the ex...
Promulgated on 2005-06-27

269. CA GR SP 87214: THELMA U. CHING VS. HON. EVELYN CORPUS CABOCHAN, ET. AL.
Assailed in this petition for certiorari which Thelma U. Ching ("petitioner") filed under Rule 65 of the Revised Rules of Court...
Promulgated on 2005-06-27

270. CA GR CV 72381: International Realty Corporation vs. Republic of the Philippines
On appeal is the Decision dated April 18, 2000 of the Regional Trial Court, Fourth Judicial Region, Branch 20, Imus Cavite which allowed the reconstitution of the Original Copy of Transfer Certificate of Title No. T-3480....
Promulgated on 2005-06-27

271. CA GR SP 89834: CORNELIO G. LLENADO, JR., ET. AL. VS. ESMERALDA CARREON, ET. AL.
In the instant "PETITION FOR CERTIORARI WITH PRAYER FOR TRO OR INJUNCTIVE RELIEF" petitioner, through counsel, alleged:...
Promulgated on 2005-06-27

272. CA GR SP 89762: Spouses CORAZON and AMADO CAO VS. Spouses WILLIAM and ELENA MICMAHON, ET AL.
Sought to be reversed in this Petition for Mandamus under Rule 65 is the Order dated 05 August 2004 in Civil Case No. BCS-2004-02 of public respondent Regional Trial Court, Branch 19, Bacoor, Cavite...
Promulgated on 2005-06-27

273. CA GR CV 77212: SPS. ROGELIO and HELEN CUA VS. REPUBLIC OF THE PHILIPPINES
The determination of whether the applicant was in open, continuous, exclusive, notorious possession under a bona fide claim of ownership is a question of fact resolved affirmatively by the trial court....
Promulgated on 2005-06-27

274. CA GR SP 66483: BANK OF THE PHILIPPINE ISLANDS vs BANK OF THE PHILIPPINE ISLANDS EMPLOYEES' UNION (BPI-EU),ET AL
By this Petition for Review under Rule 43 of the 1997 Rules of Civil Procedure, the petitioner Bank of the Philippine Islands (or BPI) assails the Decision dated January 10, 2001 of Voluntary Arbitrator Tomas Semana, in favor of the respondent Maria Juan...
Promulgated on 2005-06-27

275. CA GR SP 89285: ASSET PRIVATIZATION TRUST VS. GREGORIO S. CAPULONG
The instant 10 May 2005 PETITION FOR REVIEW (filed by the Solicitor General) is outrightly DISMISSED due to petitioner's failure to attach therewith the required supporting papers...
Promulgated on 2005-06-27

276. CA GR CV 80999: THE INDUSTRIAL FINANCE CORP. VS. NODDY DAIRY PRODUCTS, INC.
Defendants-appellants' Appeal is DISMISSED for their failure to file the required appellants' brief despite notice, pursuant to Section 1(e), Rule 50 of the Revised Rules of Court....
Promulgated on 2005-06-27

277. CA GR SP 88883: MORENA L. BENDICIO vs AMELIA PEREZ PANGANIBAN, ET AL.
In this Court's Notice dated 16 March 2005, petitioner-appellant Morena L. Bendicio was required to file her memorandum in lieu of brief, within an non-extendible period of thirty (30) days from receipt thereof, pursuant to Section 10, Rule 44 of the 1...
Promulgated on 2005-06-27

278. CA GR CV 79981: LYDIA N. SEVILLA vs FRANCISCO C. SEVILLA
A notice to file brief dated 30 September 2004 was sent to Atty. Arturo P. Zialcita, counsel for respondent-appellant. It appears from the registry return card that said counsel received said notice on 11 October 2004....
Promulgated on 2005-06-27

279. CA GR SP 88259: LIGAYA R. MACHICA,et al. vs NATIONAL LABOR RELATIONS COMMISSION (Second Division),et al.
Before Us is a Petition for certiorari under Rule 65 of the 1997 Rules on Civil Procedure assailing the Resolutions of the National Labor Relations Commission (Second Division) dated 31 August 2004 and 29 October 2004 issued in NLRC CA NO. 033926-03; N...
Promulgated on 2005-06-27

280. CA GR CV 58352: NILDA R. REYES vs JUANITA ESCALICAS DE LAO
Before this Court is an ordinary appeal of the Decision dated 15 February 1994, rendered by the Regional Trial Court, National Capital Judicial Region, Quezon City, Branch 88, in the case entitled, "Nilda R. Reyes vs. Juanita Escalicas De Lao," dockete...
Promulgated on 2005-06-27

281. CA GR CR 00852: PEOPLE OF THE PHILIPPINES vs. DANILO SARMIENTO y HUIT
This appeal was originally filed with the Supreme Court and transferred to this Court on March 29, 2005 pursuant to the ruling in People of the Philippines vs. Mateo (G.R. No. 147678-87, July 7, 2004)....
Promulgated on 2005-06-27

282. CA GR CR 01015: PEOPLE OF THE PHILIPPINES vs ELVIE EJANDRA, MAGDALENA CALUNOD and BUENAVENTURA LOSADA
On August 20, 1997 a criminal Information for Kidnapping For Ransom was filed with the Regional Trial Court of Quezon City against the appellants Elvie Ejandra (or hereafter Ejandra), his wife Magdalena Calunod (or Calunod), and Buenaventura Losada (o...
Promulgated on 2005-06-27

283. CA GR SP 85705: Sameer Overseas Placement Agency, Inc. vs. N.L.R.C. & Joy G. Cabiles
Impugned in this petition for certiorari, as tainted with grave abuse of discretion amounting to lack or excess of jurisdiction, are: (1) The Resolution dated March 31, 2004 of the National Labor Relations Commission NLRC)in NLRC NCR CA No. 016535-98; (2)...
Promulgated on 2005-06-27

284. CA GR CV 60534: Filipino Financial Corp. vs. B-A Integrated Builders, et a.
Sought to be overturned in this appeal are: (1) The Decision dated November 29, 19961 rendered by the Regional Trial Court (or RTC) of Manila, Branch 37, in Civil Case No. 96-78363, insofar as it did not grant plaintiffappellant's prayer for deficiency...
Promulgated on 2005-06-27

285. CA GR CV 62449: PNOC-Energy Dev't. Corp. (PNOC-EDC) vs. PNG Construction & Devl't. Corp., et al.
By way of an ordinary appeal, plaintiff-appellant PNOC-EDC seeks to reverse the Sept 22 '98 Decision of Makati City RTC, Branch 66 in Civil Case No. 93-2601 (for Breach of Contract and Damages)...
Promulgated on 2005-06-27

286. CA GR SP 90097: Mancon Berhad-CBDC Joint Venture Corp. vs. The Hon. Rommel O. Baybay, et al.
For consideration is a Petition for Certiorari and Prohibition of Mancon Berhad-CBDC Joint Venture Corporation seeking to nullify public respondent's order allowing the presentation of evidence ex-parte and the orders dated March 17, 2005 and May 12, 200...
Promulgated on 2005-06-27

287. CA GR CR 00834: PEOPLE VS. ALQUIN PAGASPAS y PAULE
Because prosecutions involving illegal drugs depend largely on the credibility of the police officers who conducted the "buy bust" operation, the Court relies on the rule that the weighing of evidence, particularly conflicts in the testimonies of witnesse...
Promulgated on 2005-06-27

288. CA GR CV 80024: BLYTHE LOPEZ-CUSTODIO VS. ROGER CUSTODIO
Time and again, jurisprudence holds that Article 36 of the Family Code, is not to be confused with a divorce law that cuts the marital bond at the time the grounds therefor manifest themselves....
Promulgated on 2005-06-27

289. CA GR CV 83255: ELMER T. TICHANGCO vs DR. EDGARDO TINIO
This is an appeal from the judgment rendered by Branch 220 of the Regional Trial Court of Quezon City dismissing a case for Sum of Money with Damages filed by the appellant Elmer Tichangco (or hereafter Tichangco) against the appellee Edgardo Tinio (or Ti...
Promulgated on 2005-06-27

290. CA GR SP 85581: ROY SALVADOR BLAS, ET. AL. VS. HON. JUDGE LEO INITIA, ET. AL.
Assailed by the petitioners in this Petition for Certiorari under Rule 65 of the Revised Rules of Court...
Promulgated on 2005-06-27

291. CA GR CV 81059: VICTOR GUIAO, JR., ET. AL., VS. JUANITO HABAGAT, ET. AL.
Defendants-appellants' Appeal is DISMISSED for their failure to file the required appellants' brief despite notice, pursuant to Section 1 (e), Rule 50 of the Revised Rules of Court....
Promulgated on 2005-06-27

292. CA GR SP 68283: Teodorico Miranda vs. Nat'l. Labor Relations Comm. and Asian Terminals Inc.
In so far as protection accorded to labor is concerned, the 1987 Constitution is said to be the most "revolutionary" providing therefor several distinct and specific provisions. The worker's right to security of tenure is specifically mandated...
Promulgated on 2005-06-27

293. CA GR CV 54103: Ephraim Uy-Barreta vs Celerino Requiero, et al.
This is an appeal filed by the above-named plaintiff-appellant questioning the February 23, 1996 Decision (Rollo, pp. 66-73) of the Regional Trial Court, Branch 35 of Iriga City in Civil Case No. IR-2311, the dispositive portion of which reads as follow...
Promulgated on 2005-06-27

294. CA GR CV 83145: EMIL R. ARROYO vs PCP HOLIDAY CRUISES, INC.,ET AL
This is an appeal from the decision of Branch 58 of the Regional Trial Court of Makati City in a case for Breach of Contract with Damages filed by the appellee Emil Arroyo (or hereafter Arroyo)against the appellants PCP Holiday Cruises, Inc. (or Holiday C...
Promulgated on 2005-06-27

295. CA GR CR 00122: People v. Rolando Ocampo
On 28 February 2005, a Resolution was issued by this Court granting the accused-appellant?s Motion for Additional Extension of Time to File Brief for an additional forty-five (45) days from 28 February 2005 or until 14 April 2005 within which to fil...
Promulgated on 2005-06-27

296. CA GR CR 00232: People vs. Romeo Del Mundo y Sta. Maria
Subject of the appeal is the Decision convicting appellant Romeo Del Mundo for having unlawfully sold and possessed a regulated drug and imposing upon him the corresponding penalties therefor....
Promulgated on 2005-06-27

297. CA GR SP 88392: Hammonia Marine Services, Inc., Atlantic Marine Ltd. Partnership vs. NLRC, Rodolfo V. Canosa
Acting on private respondent's Manifestation dated April 5, 2005 that the case has been amicably settled as shown by a notarized Release of All Rights signed by the parties, private respondent's counsel and their witnesses and approved by Labor Arbite...
Promulgated on 2005-06-27

298. CA GR CV 82830: Peter Uy, et al. vs. Project Movers Realty and Development Corporation
For failure of the defendant-appellant to file its brief within the reglementary period despite due notice (Rollo, dorsal side of p. 9), its appeal is deemed ABANDONED, and, accordingly, DISMISSED, pursuant to Section 1 (e), Rule 50 of the 1997 Rules o...
Promulgated on 2005-06-27

299. CA GR SP 79396: HEIRS OF BONIFACIO BOREBOR vs. TEODULFO STO. DOMINGO
In their motion for reconsideration, the petitioners urge the reversal of the decision dated March 30, 2005 on the following grounds,...
Promulgated on 2005-06-27

300. CA GR SP 83359: Progressive Tin Lithography Co., Inc. vs. Valenzuela City RTC Br.75, Edward Chua, Eugene Chua, et al
This petition was originally filed on April 14, 2004 and amended on May 14, 2004. It assails the Orders of the respondent court dated January 9, 2004, March 9, 2004 and March 23, 2004 denying the petitioners' motion to dismiss on the grounds of lack...
Promulgated on 2005-06-27

301. CA GR CV 60337: Reynaldo B. Serafico vs. Myrna Villegas Serafico ; R.P.
"The court is mindful of the policy of the 1987 Constitution to protect and strengthen the family as the basic autonomous social institution and marriage as the foundation of the family....
Promulgated on 2005-06-27

302. CA GR SP 89910: Cherdan Lending Investors Corp. vs. Parañaque City RTC Br. 258 Presiding Judge, et al.
For failure of Cristina B. Castillo to attach to the petition a copy of her authorization to execute the certificate of non-forum shopping for and on behalf of Cherdan Lending Investors Corporation, or to even state her connection with the said petiti...
Promulgated on 2005-06-27

303. CA GR SP 90107: E.C. DE LUNA CONSTRUCTION CORPORATION and ROMEO CASTRO
There are two petitioners in this special civil action for certiorari, namely: E.C. De Luna Construction Corporation and Romeo Castro.The attached Verification and Certification Against Forum-shopping was executed and signed by a certain Eduardo C. De Lun...
Promulgated on 2005-06-27

304. CA GR SP 88708: DOROTHY SARTE VS. HON. VIOLETA M. PERENA,, ET AL
This pertains to the petitioner's motion for reconsideration filed on 09 May 2005, seeking for the reconsideration of the Resolution dated 13 April 2005...
Promulgated on 2005-06-27

305. CA GR CV 83676: Sps. Ernesto & Nenita Maiquez vs. City Bank, N.A., et al.
For failure to file appellants' brief within the reglementary period which expired on February 19, 2005, per Judicial Records Division's report dated June 20, 2005 (dorsal side of p. 17, Rollo), the Court Resolved to consider the appeal ABANDONED and...
Promulgated on 2005-06-27

306. CA GR CR 00508: People vs. Saminiano Paloma
This is an Appeal from the Decision dated November 10, 1998 of the Regional Trial Court of Pasig City, Branch 156 in Criminal Case Nos. 111798-H, 112296-H and 112297-H which convicted accused-appellant of 2 counts...
Promulgated on 2005-06-27

307. CA GR CV 81927: Marilyn de Vera, Edgardo and Alexander Novillos, et al. vs. Dionisia Gis-itan Galardo and husband
This is an appeal from the Decision dated November 6, 2003, rendered by the Regional Trial Court, Branch 96, Baler, Aurora in Civil Case No. 603 for Partial Cancellation/Nullification TCT No. T-9850 Reconveyance with Damages,...
Promulgated on 2005-06-27

308. CA GR CR 00791: PEOPLE OF THE PHILIPPINES vs CRISTETA HADUC
The appellant Cristeta Haduc (or Haduc hereafter) was charged with the crime of Illegal Recruitment in Large Scale, defined and penalized in Article 39 of the Labor Code of the Philippines as amended by Presidential Decree No. 2018...
Promulgated on 2005-06-27

309. CA GR SP 87353: Pamela Gugudan vs. Hon. Manuel R. Taro, Rodolfo S. Beltran
This is a Petition for Certiorari on Appeal seeking to reverse and set aside the July 14 '04 Decision, of the Quezon City RTC, Branch 99, in Civ.Case No. Q-03-49289 for Petition for Certiorari with Prayer for TRO and Permanent Injunction, w/c reads:...
Promulgated on 2005-06-27

310. CA GR SP 80441: LAND BANK OF THE PHILIPPINES vs DEPARTMENT OF AGRARIAN REFORM and METRACO TELEHYGENIC SERVICES CORP.
Assailed in this Petition for Review is the Decision dated June 23, 2003 of Branch 21 of the Regional Trial Court of Santiago City, Isabela (or hereafter RTC), acting as a Special Agrarian Court in CAR Case No. 0636 for Just Compensation under the Compr...
Promulgated on 2005-06-27

311. CA GR CV 80989: Justino U. Agsaulio, et al. vs. Hon. Eleanor R. Kwong, etc.
There being no Appellant's Brief filed by plaintiffs-appellants as of May 27 '05, per report by the JRD, despite receipt by counsel for plaintiffs-appellants of the Notice to File Brief on July 19 '04 requiring the latter to file w/in 45 days, the appeal...
Promulgated on 2005-06-27

312. CA GR CR 28369: PEOPLE OF THE PHILIPPINES vs ENGR. ANTHONY ZAPANTA
Appellant Engr. Anthony V. Zapanta (or hereafter Engr. Zapanta) and one Concordio Loyao, Jr. (or Loyao) were charged before the Regional Trial Court in Baguio City with the felony of Qualified Theft allegedly committed as follows:...
Promulgated on 2005-06-27

313. CA GR CV 58345: Judge Edilberto Fabunan, Guillermo A. Guerrero, et al. vs. Victory Liner Inc., Wilfredo Giray
This is an Appeal from the Decision, dated May 22, 1996 and the Order, dated August 12, 1996 of the Regional Trial Court of Olongapo City, Branch 72, in Civil Case No. 513-0-92...
Promulgated on 2005-06-27

314. CA GR SP 87468: Adonis Abril vs. Judge Zorayda H. Salcedo, People of the Phils.
In this petition for certiorari under Rule 65 of the Rules of Court, petitioner Adonis Abril seeks to annul and set aside the Aug 16 '04 Order issued by respondent Judge Zorayda Salcedo of San Pablo City RTC, Branch 32, denying his motion for inhibition...
Promulgated on 2005-06-27

315. CA GR CV 81265: CORRECTION OF THE CERTIFICATE OF LIVE BIRTH OF FLORIAN G. BLANCO vs REPUBLIC OF THE PHILIPPINES
On April 3, 2003 the appellee Florian Blanco (or Blanco) filed a verified petition for Correction of Entry before the Regional Trial Court stationed in Macabebe, Pampanga, alleging among others that he was born on May 13, 1956 at poblacion, Macabebe, Pamp...
Promulgated on 2005-06-27

316. CA GR CV 75267: NAPOLEON SESANTE vs SULPICIO LINES, INC.,ET AL
That sad and fateful day of September 18, 1998, M/V Princess of the Orient on her voyage from Manila to Cebu capsized at about 12:55 o'clock p.m. within the vicinity of Fortune Island, Batangas. Of the approximately 388 passengers on board, 150 lives...
Promulgated on 2005-06-27

317. CA GR CR 01016: PEOPLE OF THE PHILIPPINES vs ERNESTO ALBOS
Appellant Ernesto Albos (or hereafter Albos), on complaint of Ofelia Baylon y Buena (or Ofelia) assisted by her father Margarito Baylon (or Margarito), was charged with Rape as defined and penalized under Art. 335 of the Revised Penal Code, committed...
Promulgated on 2005-06-27

318. CA GR CR 23613: PEOPLE OF THE PHILIPPINES vs EXEQUIEL C. REYES, JR.
In every criminal prosecution, the State carries a heavy and exacting burden of proving the guilt of the accused. The law will measure the evidence against the accused by the highest standards that reason and experience require...
Promulgated on 2005-06-23

319. CA GR SP 85538: Tomric Realty Corp. vs. Equitable PCI Bank, Mercedes S. Gatmaytan, et al.
This is a Petition for Certiorari under Rule 65 of 1997 Revised Rules on Civil Procedure assailing the Order dated July 8 2004 of Regional Trial Court, Branch 83, Quezon City denying petitioner Tomric Realty Corp.'s application for the issuance of a writ...
Promulgated on 2005-06-23

320. CA GR SP 87855: MINDA PAREDES SISON vs. HON. JUDGE BAYANI Y. ILANO, et. al.
Petitioner Minda Paredes Sison assails in this petition for certiorari under Rule 65 of the 1997 Rules of Civil Procedure, the order dated September 28, 2004 of Branch 71 of the...
Promulgated on 2005-06-23

321. CA GR CV 52988: Francisco Veras & Artemio Veras vs. Ares B. Basalo & Ponciano M. Lahoy-Lahoy
This is an appeal from the decision of the Regional Trial Court of Pasig City, Branch 267 dated February 26, 1996, in Civil Case No. 65205 for Damages....
Promulgated on 2005-06-23

322. CA GR SP 86950: DNG REALTY AND DEVELOPMENT CORPORATION, vs.HON. LYDIA BAUTO HIPOLITO, et. al.
This is a petition under Rule 65 seeking to nullify or invalidate certain actions of the respondents in the Extrajudicial Foreclosure of Real Estate Mortgage, File No. 2035-AF, before the Ex-Officio Sheriff of the Regional Trial Court in Cabanatuan Cit...
Promulgated on 2005-06-23

323. CA GR SP 73942: Carmelita G. Piza vs. N.L.R.C. & First Isabela Cooperative Bank, Inc., etc.
Challenged in this petition for certiorari is the decision of the public respondent National Labor Relations Commission (2nd Division) dated October 25, 2001 and resolution dated August 26, 2002, reversing and setting aside the decision of the Labor...
Promulgated on 2005-06-23

324. CA GR SP 89696: Oscar Carpio, Leonor C. Navarro vs. Olivia Dela Cruz
Upon close examination of the instant petition for review, we find the following defects which warrant the outright dismissal of the same: 1) The verification was signed by Leonor Navarro, without the Special Power of Attorney...
Promulgated on 2005-06-23

325. CA GR CR 28221: People of the Philippines vs. Ruben Quidulit Y Panela
The accused appeals the joint decision of the Regional Trial Court of Bauang, La Union, Branch 33, finding him guilty beyond reasonable doubt of the crime of Frustrated Homicide....
Promulgated on 2005-06-23

326. CA GR SP 81376: Nelson Robles, et al. vs. NLRC, Indophil Cotton Mills, et al.
Before the Court is a Petition for Certiorari under Rule 65 of the 1997 Rules of Civil Procedure seeking to nullify the Resolution dated 30 June 2003 of the National Labor Relations Commission in NLRC NCR CA No. 032772-02...
Promulgated on 2005-06-23

327. CA GR CV 78493: John F. Toribio vs. Republic of the Philippines
On appeal before us is the January 23, 2003 decision of the Regional Trial Court of Cabarroguis, Quirino, Branch 32 granting the Verified Petition For The Issuance Of Another Owner's Duplicate Copy Of Original Certificate of Title No. P-1875...
Promulgated on 2005-06-23

328. CA GR CR 00985: People of the Philippines vs. Sonny Manalo Y Maghinang
This is an appeal from the decision of the Regional Trial Court of Caloocan City, Branch 127, in Criminal Case No. C-52625, convicting the accused-appellant of Murder under Article 248 of the Revised Penal Code....
Promulgated on 2005-06-23

329. CA GR SP 76700: RUFINO MIJARES, et. al. vs. SOUTHERN PINUGAY FARMERS MULTI-PURPOSE COOPERATIVE, INC., et. al.
76484 - Challenged in these consolidated petitions for review are the following issuances of the Office of the Ombudsman:...
Promulgated on 2005-06-23

330. CA GR CV 82624: SPOUSES ROBERT and EVELYN JAWORSKI, SR. vs. PHILIPPINE NATIONAL BANK, et. al.
Before this Court is an appeal under Rule 41 of the Revised Rules of Court questioning the trial court's order of January 13, 20041 granting the plaintiffs-appellees' release...
Promulgated on 2005-06-23

331. CA GR SP 83647: Jovencia A. Jaravata-Abarca vs. Violeta Verceles
Petitioner Jovencia A. Jaravata-Abarca (hereinafter referred to as petitioner), seeks a review of the Resolution dated 2 July 2003 issued by the Civil Service Commission (CSC) the dispositive portion of which reads:...
Promulgated on 2005-06-23

332. CA GR CR 00725: People vs. GUALBERTO TANGCAY
This is an appeal from the June 9, 1999 Decision of the Regional Trial Court, Branch 98, Quezon City, in Criminal Case No. Q-97-70224, finding accused-appellant Gualberto Tangcay guilty beyond reasonable doubt of having committed the crime of Rape agai...
Promulgated on 2005-06-23

333. CA GR CV 53560: Spouses Raul Flores & Rosalie Flores vs. Capital Rural Bank of Makati, Inc., Virgilio Cervantes
This is an appeal from the September 28, 1995 Decision of the Regional Trial Court (RTC) of Makati City, Branch 66, in Civil Case No. 89-4911. Records show that spouses Raul and Rosalie Flores (the "Spouses Flores") are the registered owners of two (2...
Promulgated on 2005-06-23

334. CA GR SP 80353: R. Cruz vs Dept. of Transp. and Communications
IS an illegally-dismissed career service employee, who is later reinstated, entitled to backwages and other monetary benefits?...
Promulgated on 2005-06-23

335. CA GR SP 84360: One Lafayette Square Condominium Ass., Inc. vs. H&D Property Mgmt. Team, et al.
On December 14, 2004, the Regional Trial Court of Makati City, Branch 138, rendered judgment approving the parties' Compromise Agreement wherein the parties agreed to cause the dismissal of several cases listed in Annex "A"...
Promulgated on 2005-06-23

336. CA GR SP 87872: S.C. Megaworld Const. & Dev't. Corp. et al. vs NLRC, et al.
The petition for certiorari faces outright dismissal due to insufficiency in form and substance....
Promulgated on 2005-06-23

337. CA GR SP 88455: B. and E. dela Torre vs Hon. A. Maqueda-Roman
The petition for certiorari faces outright dismissal due to insufficiency in substance....
Promulgated on 2005-06-23

338. CA GR CV 71494: Foto-Copy Shop, Inc. vs. Tropical Hut Food Market, Inc.
On April 14, 1997, Foto-Copy Shop, Inc. (Foto-Copy) filed a complaint for Damages against Tropical Hut Food Market, Inc. (Tropical Hut) for alleged breach of a contract of lease the latter entered into with the former....
Promulgated on 2005-06-23

339. CA GR SP 84427: El Reyno Homes, Inc. vs. Sps. Fernando & Cynthia Angulo
By way of an appeal via a petition for review under Rule 43 of the Revised Rules of Court, the petitioner seeks the nullification of the March 18, 2004 decision1, as well as the May 6, 20042 resolution of the Office of the President in O.P. Case No. 03-J-...
Promulgated on 2005-06-23

340. CA GR CV 57651: Pedro Mercado vs. Rep. of the Phils.
Before Us on appeal is the July 24, 1997 Decision of the Regional Trial Court (RTC) of Urdaneta, Pangasinan, Branch 48, in Case No. U- 1183, the dispositive portion of which reads: "WHEREFORE, in view of all the foregoing, this Court hereby orders the ...
Promulgated on 2005-06-23

341. CA GR CV 56306: Emeterio Bernardo vs. Rep. of the Phils.
Before Us on appeal is the April 3, 1997 Order of the Regional Trial Court (RTC) of Malolos, Bulacan, Branch 82, in LRC Case No. P-207-96, the dispositive portion of which reads: "WHEREFORE, the instant petition is hereby GRANTED. The Register of Deed...
Promulgated on 2005-06-23

342. CA GR SP 86920: Sps. Conrado Alcazar, et al. vs. Daniel A. Gomez, Jr., et al.
This appeal by petition for review under Rule 42 of the Rules of Court, seeks to overturn the Decision, dated March 9, 2004 of the Regional Trial Court of Tagaytay City, in Civil Case No. TG-2405; and its Order, dated September 17, 2004 denying petitione...
Promulgated on 2005-06-23

343. CA GR CR 28438: People vs. Ernesto Kalinag, et al.
Before this Court is an appeal from the Order dated September 12, 2003 of the Regional Trial Court, National Capital Judicial Region, Branch 151, Pasig City in Criminal Cases Nos. 12069-D and 12070-D...
Promulgated on 2005-06-23

344. CA GR CR 27929: People vs Joaquin Guiam, Sr.
BIGAMY is a crime against the State. Thus, the State always has an interest in the prosecution of the case regardless of the change of heart of private complainant....
Promulgated on 2005-06-23

345. CA GR SP 79014: AIC Realty Corporation, et al. vs. Harold Fukuda
Before this Court is a Petition for Review under Rule 43 of the Rules of Court assailing the order of the Office of the President dated June 2, 2003 dismissing the petitioners' appeal and the July 18, 2003 order denying their motion for reconsidera...
Promulgated on 2005-06-23

346. CA GR CV 55623: UCPB vs DBP
This is an appeal from the Decision (Records, pp. 101-106) of the Regional Trial Court of Makati City, Branch 66, in Civil Case No. 94-3054 dated December 2, 1996 decided in favor of plaintiff-appellee. The dispositive portion of which reads:...
Promulgated on 2005-06-23

347. CA GR CV 83967: Filipino Financial Corp. vs. Joel Andrade, et al.
For failure of appellants to file their appellants' brief within the reglementary period per report of Judicial Records Division dated May 23, 2005, the appeal is hereby considered DISMISSED pursuant to Section 1(c), Rule 50 of the 1997 Rules of Civil...
Promulgated on 2005-06-23

348. CA GR SP 89994: UNION BANK OF THE PHILIPPINES vs HON. CORNEJO, et al
Considering that We cannot ascertain the timeliness of the filing of the present petition because of the failure of petitioner to state the date when it received the assailed Order dated March 17, 2005 and for want of copies of documents and pleadings...
Promulgated on 2005-06-23

349. CA GR SP 83963: Cimech System Constructn, Inc., Engr. Rodolfo Labucay vs. NLRC , Ruperto Suldao
There is no exact definition for "constructive dismissal" which takes many forms. The factual circumstances must be analyzed to determine existence of a constructive dismissal where there is cessation of work...
Promulgated on 2005-06-23

350. CA GR SP 85669: Ronald T. Domingo, Rolando Bejec, et al. vs. NLRC, Future Logic Corp., et al.
Where a party was afforded an opportunity to participate in the proceedings but failed to do so, he cannot complain of deprivation of due process....
Promulgated on 2005-06-23

351. CA GR CV 83431: Rural Bank of Silang, Inc. vs. Clarissa P. Camilag
For failure of appellant Clarissa P. Calimag to file her brief within the extended period granted which expired on April 2, 2005, the instant appeal is hereby considered ABANDONED and, consequently, ordered DISMISSED pursuant to Section 1(e), Rule 50 o...
Promulgated on 2005-06-23

352. CA GR SP 89178: PERSONNEL PROVIDERS, INC. et al vs. MARCIAL PAGULAYAN, et al
A perusal of the petition reveals the following: 1. Only petitioner Virgilio Pagulayan signed the verification/certification of non-forum shopping, and there is no showing that he was authorized to sign for petitioner Personnel Providers, Inc.;...
Promulgated on 2005-06-23

353. CA GR CR 00166: People vs. Editha Ramos Abat
The Notice of Appeal filed by accused through her counsel having been filed within the reglementary period, is hereby given due course. WHEREFORE, let the entire records of this case be forwarded to the Supreme Court for appropriate action....
Promulgated on 2005-06-23

354. CA GR SP 79836: Excelgard Security & Research Services, Inc. vs. NLRC and Juan M. Salazar
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 of February 28, 2005. ACCORDINGLY, the m...
Promulgated on 2005-06-23

355. CA GR SP 71534: MANILA INTERNATIONAL AIRPORT AUTHORITY VS. JACINTO M. BUTALID, ET AL.
Assailed in this petition for certiorari is the writ of execution issued by the respondent Arbitral Tribunal composed of Juanito M. Butalid, as chairman, and Rosauro S. Paderon and Reynaldo T. Viray, as members...
Promulgated on 2005-06-23

356. CA GR SP 70854: MARIBEL CASTRO VS. ANTONIA LERUM-JUNILLER
Before us is a petition for review under Rule 42 of the 1997 Rules of Civil Procedure seeking the reversal of the Decision1 of the Regional Trial Court, Branch 63, of Calauag,Quezon, dated April 19, 2002...
Promulgated on 2005-06-23

357. CA GR CV 79991: SPS. DANILO & SOCORRO CANTOS vs STO. ROSARIO RURAL BANK INC., ET. AL.
Considering the report of the JRD that no appellants? brief has been filed within the reglementary period WHEREFORE, the appeal in this case is deemed ABANDONED and DISMISSED on authority of Sec. 1(e) Rule 50 of the 1997 Rules of Civil Procedure....
Promulgated on 2005-06-23

358. CA GR CV 64281: Sisenando Singson vs. Rudecon Management Corp.
Contested before the Regional Trial Court of Quezon City (Branch 79), in an action for reconveyance, execution of a registrable deed of sale and damages, is a condominium unit designated as Unit 404, with an area of 60.2 square meters, in Tempus I Condom...
Promulgated on 2005-06-23

359. CA GR SP 89253: COMMONWEALTH INSURANCE COMPANY VS. HON. EDGARDO B. DIAZ DE RIVERA
As Oswaldo V. Estacio, the person who signed the verification and certification of non-forum shopping, has not shown any authority to sign for and in behalf of petitioner, and considering that the petition is not accompanied by copies of the documents...
Promulgated on 2005-06-23

360. CA GR CV 55950: Jennifer H. Teodoro vs. Raymund P. Teodoro
Before the Regional Trial Court of Pasig City (Branch 71) was an action for declaration of nullity of marriage, support and custody of minors, with an application for support pendente lite, filed by Jennifer H. Teodoro (or appellant) against Raymund P. Te...
Promulgated on 2005-06-23

361. CA GR CV 76998: Dragon Lady Industries, Inc. vs. B.J. Coco Mill, Inc.
A contract, being consensual, is perfected by the mere consent of the parties. Once perfected, contracts are the law between the contracting parties....
Promulgated on 2005-06-23

362. CA GR CV 81382: Milagros Quinto vs. Republic of the Philippines
Considering that copy of the notice to file appellant's brief dated Feb 22, 2005 sent to Atty. Romulo G. Tansinsin, counsel for petitioner-appellant, was returned to this Court unclaimed on March 8, 2005 with postal notation "RTS-Patay Na, 3-3-05",...
Promulgated on 2005-06-23

363. CA GR SP 72131: ROXAS & COMPANY, INC. vs. KATIPUNAN NG MAGBUBUKID SA HACIENDA ROXAS, INC., ET. AL.
For disposition is the motion for reconsideration filed by the Municipality of Nasugbu, Batangas from our March 18, 2005 Resolution which, among others, denied its motion for intervention....
Promulgated on 2005-06-23

364. CA GR CR 28969: PEOPLE OF THE PHILIPPINES vs SIENA CATHERINE DEL ROSARIO y MIRANDA
For failure to file the required appellant's brief within the allowed period per report of the JRD dated May 25, 2005 and considering that the accused-appellant had jumped bail as asseverated by her counsel -...
Promulgated on 2005-06-23

365. CA GR CR 28441: PEOPLE OF THE PHILIPPINES VS EVELYN JAN
This is an appeal from the decision rendered by the Regional Trial Court of Pasig City (Branch 68) dated December 30, 2003 convicting herein accused-appellant Evelyn Jan of estafa under Art. 315 of the Revised Penal Code....
Promulgated on 2005-06-23

366. CA GR CV 66392: Union Bank of the Phils. vs. Alain Juniat ; Nonwoven Fabric Phils, Inc., et al.
In order for a chattel mortgage to be valid against third persons, the same must be registered in the chattel mortgage registry of the Register of Deeds in the province where the mortgagor resides at the time of the making...
Promulgated on 2005-06-23

367. CA GR CR 23181: People vs. Gerardo Salvador y De Leon
It is a cardinal principle in criminal law that self-defense or defense of a stranger must be established as convincingly as possible by the accused....
Promulgated on 2005-06-23

368. CA GR SP 89940: SAFEWAY PROPERTY MANAGEMENT, INC vs HON. BR. 17-ENGR. JERRY LUI
Ascribing grave abuse of discretion amounting to lack or in excess of jurisdiction, petitioner assails via this petition for certiorari, the Decision dated October 13, 2004 and the Order dated April 26, 2005 rendered by the Regional Trial Court in the...
Promulgated on 2005-06-23

369. CA GR SP 82351: SPS. JOSE JUSON vs PACIENCIA VDA. DE DONATO and DIEGO MARTIN, ET AL
Before Us is a petition for review pursuant to Rule 43 of the Revised Rules of Court seeking to reverse and set aside the Decision of the Department of Agrarian Reform Adjudication Board (otherwise known as DARAB) dated January 6, 2004...
Promulgated on 2005-06-23

370. CA GR SP 89842: VILLA CRISTA MONTE REALTY AND DEVELOPMENT CORP vs MA. SABRINA FELISMINO, et al
With this petition for annulment of judgment under Rule 47 of the 1997 Rules of Civil Procedure, petitioner seeks to nullify the Decision Based on Compromise Agreement of the court a quo dated November 5, 1999 on the ground of extrinsic fraud....
Promulgated on 2005-06-23

371. CA GR SP 72784: CLEMENTE BAUTISTA VS. THE HON. PRESIDING JUDGE, MTC, MANILA, BR. 28, ET AL.
Does the filing of a criminal action for a light offense covered by the Revised Rule on Summary Procedure with the office of the public prosecutor, upon the issuance of a certification to file action by the proper barangay official, toll the running of th...
Promulgated on 2005-06-22

372. CA GR SP 85061: Matilde Paredes vs. Loida G. Albaniel
In a Resolution dated March 8, 2005, the Court directed petitioner to implead the People of the Philippines as respondent and submit certain pertinent orders issued by the Municipal Trial Court in Cities, otherwise the petition shall be dismissed outrigh...
Promulgated on 2005-06-22

373. CA GR CR 28098: People of the Phils. vs. George Bongalon
It is quite disheartening to see that what started out as petty rivalry among children ended w/ the criminal prosecution of a father who only sought to protect his children. However, while we recognize the natural tendency of parents to protect their chi...
Promulgated on 2005-06-22

374. CA GR CV 78656: PHILIPPINE AUTOMOTIVE ASSOCIATION INC. VS. LAND TRANSPORTATION OFFICE ET AL
BEFORE US is a motion for reconsideration filed by plaintiffappellant through counsel on 04 January 2005, seeking for the reconsideration of the Decision dated 10 December 2004, the decretal text of which reads:...
Promulgated on 2005-06-22

375. CA GR SP 81280: LUZON DEVELOPMENT BANK, ET AL VS. ANGELES CATHERINE ENRIQUEZ,
This pertains to the motions for reconsideration filed separately by petitioners Luzon Development Bank and Delta Development and Management Services, Inc. on 28 December 2004 and 22 December 2004, respectively, seeking for the reconsideration of the D...
Promulgated on 2005-06-22

376. CA GR SP 89756: REBECCA ALA-MARTIN vs THE PROVINCIAL JAIL WARDEN OF ORIENTAL MINDORO,
This is a petition for Habeas Corpus under Rule 102 of the Rules of Court praying for the temporary release pending the trial of petitioner's minor child Jean Marc Martin who is accused of selling Methylene Dioxy Methyl Amphetamine "Ecstacy" under Sect...
Promulgated on 2005-06-22

377. CA GR SP 86416: Rose Mary Bautista-Alip vs. Hon. Benjamin t. Vianzon, et al.
Finding no new matter of substance that would warrant the modification much less the reversal of the February 28, 2005 Decision of this Court, the Motion for Reconsideration filed by petitioner is hereby DENIED for lack of merit....
Promulgated on 2005-06-22

378. CA GR SP 86988: KEPPEL MONTE BANK, et. al. vs. NLRC, et. al.
This is a petition for certiorari under Rule 65 of the 1997 Rules of Civil Procedure with a prayer for the issuance of a temporary restraining order and/or preliminary injunction, questioning the following issuances of public respondent National Labor...
Promulgated on 2005-06-22

379. CA GR SP 88257: LUZON HYDRO CORPORATION vs. HON. NEMESIO S. FELIX, et al.
The key issue in this petition for certiorari under Rule 65 of the 1997 Rules of Civil Procedure is the propriety of paying the correct filing fees for an action to enforce a foreign judgment....
Promulgated on 2005-06-22

380. CA GR SP 55509: DAMIAN TOMALCON, ET AL. vs. HON. EMERITO M. AGCAOILI, ET AL.
Appeal by petition for review from the consolidated decision of the lower court (RTC, Br. 15, Naic, Cavite) in Civil Case No. NC-96-725 entitled "Marte Saclolo, Plaintiff, versus Damian Tomalcon, et al., Defendants" and Civil Case No. NC-96-726 entitled...
Promulgated on 2005-06-22

381. CA GR CV 78888: SPS. ARCADIO & NIEVES RELENAS vs SPS. NORMAN & HERMINIA ABLAS
This is an appeal from the decision rendered by the Regional Trial Court of Las Pinas City, Branch 275 of the National Capital Judicial Region in a case for collection of Sum of Money and Damages docketed as Civil Case No. LP-00-0204 filed by plaintiff...
Promulgated on 2005-06-22

382. CA GR CV 55833: BPI FAMILY SAVINGS BANK INC. vs OLIVER PENEYRA
This is an appeal from the decision of the Manila RTC, Br.5 of in Civ. Case No. 92-62537 for replevin and damages. The case is one of the cases re-raffled to the undersigned ponente under the 2nd staging of the Court's Zero Backlog Project....
Promulgated on 2005-06-22

383. CA GR SP 87732: GRACE F. AGUILAR vs HON. MA. THERESA L. DELA TORRE-YADAO, Presiding Judge,ET AL
This is a Petition for Certiorari under Rule 65 of the 1997 Rules of Court seeking the reversal and setting aside of the Orders dated 16 August 2004 and 21 October 2004....
Promulgated on 2005-06-22

384. CA GR SP 87587: Restie C. Gulanes vs. N.L.R.C., Interorient Maritime Enterprise, et al.
Assailed in this petition for certiorari, as tainted with grave abuse of discretion amounting to lack or excess of jurisdiction, are: (1) The Resolution dated July 22, 2004 of the National Labor Relations Commission (or NLRC) in NLRC CA No. 035244-03, whi...
Promulgated on 2005-06-22

385. CA GR CV 60400: Sps. Pedro & Virginia Mallari, et al. vs. Sps. Myrna & Aniano Fajardo
This is one of the cases re-raffled to the undersigned ponente pursuant to the second staging of the Court's Zero Backlog Project. Submitted for Decision on Sept 15 '99, the instant appeal was first assigned to Justice Salvador Valdez...
Promulgated on 2005-06-22

386. CA GR SP 76494: EDISON O. LARIN vs HON. ELIZABETH BALQUIN REYES
This is a petition for certiorari filed by the petitioner Edison Larin who is the plaintiff in a case for accion publiciana against the private respondents before Branch 75 of the RTC of San Mateo Rizal. In a pre-trial order in the case, the presiding jud...
Promulgated on 2005-06-22

387. CA GR SP 74231: TERESA GUTIERREZ YAMAUCHI VS. HON. JOSELITO VIBANDOR, ET AL.
A petition for certiorari seeking to annul and set aside the Orders dated July 1, 2002 and September 23, 2002, both issued by respondent Judge Joselito Vibandor in Criminal Case No. 02-0462...
Promulgated on 2005-06-22

388. CA GR CR 00886: PEOPLE OF THE PHILIPPINES vs. JOSEPH JAMILOSA
This appeal was initially filed with the Supreme Court and transferred to us on February 23, 20051 pursuant to the ruling in People of the Philippines vs. Efren Mateo (G.R. No. 147678-87, July 7, 2004)....
Promulgated on 2005-06-22

389. CA GR CV 81885: SPOUSES TERESITA and GIL POMAR vs. PARTIDO COLLEGE, INC., et. al.
This is an appeal from the decision1 of the Regional Trial Court (RTC), Branch 58 of San Jose, Camarines Sur, dated December 30, 2003, in Civil Case No. T-732 for damages, the decretal portion of which reads:...
Promulgated on 2005-06-22

390. CA GR SP 87336: Louis Vuitton Malletier vs. Justice Secretary, Antonio Cojuangco, Teddy Keng, Willy Co, et al.
The instant Petition for Certiorari assails public respondent's Resolutions dated February 13, 2004 and August 27, 2004 which found no reversible error in the Investigating Prosecutor's Resolution dismissing petitioner's complaint against private resp...
Promulgated on 2005-06-22

391. CA GR CV 82728: MARIO ESTARIS, et al vs REPUBLIC OF THE PHILIPPINES
The State appeals from the Decision dated March 8, 2004 of the Regional Trial Court, Branch 45, Urdaneta City, Pangasinan in Case No. U-1868. The dispositive portion of said Decision reads:...
Promulgated on 2005-06-22

392. CA GR CR 27718: ARCE SANTOS Y CLAUREN, vs. THE PEOPLE OF THE PHILIPPINES, et. al.
This is a petition for review under Rule 122 of the Revised Rules of Criminal Procedure seeking to reverse and set aside the Decision of the Regional Trial Court, Branch 37, Baloc, Sto. Domingo, Nueva Ecija dated May 12, 2003 which affirmed in toto the...
Promulgated on 2005-06-22

393. CA GR CV 60376: SPOUSES EVANGELISTA vs FERNANDO MANZANO, SR., et al
An appeal from the Decision of the Regional Trial Court, Branch 4, Balanga, Bataan dismissing their complaint for injunction with damages was filed by plaintiffs-appellants spouses Mamerto B. Evangelista and Benedicta B. Evangelista....
Promulgated on 2005-06-22

394. CA GR SP 87809: Gualberto B. Lumauig vs. DARAB, Ramon Bulayungan, Gil Baclic
Petitioner's "Urgent Motion for Last Extension of Five Days Only," dated May 15, 2005, praying that he be allowed to comply with the Court's Resolution dated December 20, 2004...
Promulgated on 2005-06-22

395. CA GR SP 73169: Management Committee of Ruby Industrial Corp. vs. SEC, et al.
Challenged in this Petition for Review on Appeal is the Order of public respondent Securities and Exchange Corporation dated 18 September 2002, which declared valid the extension of the corporate life of Ruby Industrial corporation; terminated the proce...
Promulgated on 2005-06-22

396. CA GR CV 81631: Ernesto Divino vs. Elvira Zapanta ; Laurel E. Galon, et al.,
In view of the failure of the plaintiff-appellant to file his brief within the reglementary period despite receipt of the Notice To File Brief, the instant appeal is hereby DISMISSED pursuant to Section 1 (e), Rule 50 of the 1997 Rules of Civil Procedur...
Promulgated on 2005-06-22

397. CA GR CV 79759: Lourdes Yuson, et al. vs. PNB
Before this Court is an appeal from the decision dated May 20, 2003 of the Regional Trial Court, Third Judicial Region, Branch 35, Gapan City, Nueva Ecija, in Civil Case No. 2234...
Promulgated on 2005-06-22

398. CA GR SP 75963: Sps. Dionisio and Cecilia Capanzana vs. Hon. Mariano A. Morales, Jr., et al.
At the hub of this petition is the propriety of the issuance of the 23 July 2002 Order of the Regional Trial Court of Calauag, Quezon, Branch 63, granting private respondent's Ex-Parte Motion for Issuance of Writ of Possession...
Promulgated on 2005-06-22

399. CA GR CV 49934: MAURICIO N. CACHOLA, SR. vs. ANSELMO S. DATA et al
Before Us is an appeal from the decision1 dated March 15, 1995 of the Regional Trial Court of Valenzuela, Branch 171 in Civil Case No. 2153-V-84, entitled: "Mauricio N. Cachola, Sr., as represented by his Atty.-in-Fact, Nilo C. Cachola, plaintiff, vers...
Promulgated on 2005-06-22

400. CA GR SP 84541: Heirs of Pedro Lorenzo vs. Heirs of Magdalena Acosta, et al.
In Ancient mythology, Gordius, King of Phrygia, became king because he was the first man to drive into town after an oracle had commanded his countrymen to select as ruler the first person who would drive into the public square in a wagon....
Promulgated on 2005-06-22

401. CA GR CV 60703: Rebbeca dela Cruz vs. Republic of the Phils.
Before the Court is an appeal from the Order dated December 12, 1997 in Petition No. 19,501 of Branch 39, Regional Trial Court, Calapan, Oriental Mindoro which granted the petition for reconstitution of TCT No. T-9496 filed by petitioner-appellee Rebecca...
Promulgated on 2005-06-22

402. CA GR SP 81128: GSIS vs. MARLITO VILLANUEVA, ET AL.
This is a petition for review under Rule 43 of the Rules of Court seeking to annul and set aside the Resolution of the Office of the President (OP) dated June 26, 2003 affirming in toto the Decision of the Board of Commissioners of the Housing and Land U...
Promulgated on 2005-06-22

403. CA GR CV 83445: G.G. SPORTSWEAR MFG. CORPORATION, ET AL., vs. PHILIPPINE COMMERCIAL INTERNATIONAL BANK (PCIB), ET AL
On April 19, 2005, this appeal was ordered dismissed, for failure to file the appellants' brief....
Promulgated on 2005-06-22

404. CA GR CV 56570: CLARGES REALTY CORPORATION vs. DEVELOPMENT BANK OF THE PHILS.
In this appeal, defendant-appellant Development Bank of the Philippines (DBP) seeks to reverse the Decision dated 30 May 1997 of the Regional Trial Court, Makati City, Branch 64, in Civil Case No. 89-28952...
Promulgated on 2005-06-22

405. CA GR SP 83092: Marylou Sanchez vs. NLRC, Facundo Leda, QC Sports Club, Inc, et al.
In this Petition for Certiorari under Rule 65 of the 1997 Rules of Civil Procedure, petitioner Marylou Sanchez seeks to nullify the 22 October 2003 Decision of the National Labor Relations Commission in NLRC CA Case No. 034207-03 which affirmed in toto...
Promulgated on 2005-06-22

406. CA GR CV 69982: Teresita C. Reyes vs. Amparo Teves
This is an Appeal from the Decision1 dated 18 January 2001 of the Regional Trial Court, Fifth Judicial Region of Legazpi City, Branch 6, ordering defendant-appellant Amparo Teves to pay plaintiff-appellee Teresita Reyes the sum of P250,000.00 as consider...
Promulgated on 2005-06-22

407. CA GR CV 71492: LOLITA C. CHIU VS. PHILIPPINE TRUST COMPANY
Questions of forgery are not new in this jurisdiction and have often plagued the courts. In this appeal, We are asked to take a hard look on the decision of the court a quo finding plaintiff-appellee's signatures as blatant forgeries, and consequently d...
Promulgated on 2005-06-22

408. CA GR CV 60436: Unibancard Corp. vs. Aurelio Pantaleon ; Lilia P. Dionido
A resort to judicial processes is not, per se, evidence of ill will upon which a claim for damages may be based....
Promulgated on 2005-06-22

409. CA GR SP 90104: ATTY. MARIO G. AGLIPAY vs. NATIONAL LABOR RELATIONS, et al.
As the instant petition failed to contain a written explanation why service thereof was not done personally, in violation of Section 11, Rule 13, Rules of Court, the same is considered as not having been filed and is ordered DISMISSED....
Promulgated on 2005-06-22

410. CA GR CV 74142: Perseveranda & Norman Mendoza vs. Rotary Club of Gumaca Quezon, et al.
Men, singly or in combination, may use any lawful means to accomplish a lawful purpose, although the means adopted may cause injury to another. When a person is doing a lawful thing in a lawful way, his conduct is not actionable though...
Promulgated on 2005-06-22

411. CA GR CV 70086: AIDA A. CUNANAN et al., vs P.S. CUNANAN SOCIO-ECONOMICAMELIORATION FOUNDATION OFTHE PHILIPPINES, INC
Before us are the consolidated appeals taken by the plaintiffsappellants from the Order dated July 18, 20001 ("18 July 2000 Order") in Civil Case No. 3439, and the Order dated August 4, 20002 ("4 August 2000 Order") in Civil Case No. 3450, of the Regio...
Promulgated on 2005-06-22

412. CA GR CV 60777: Superior Commercial Ent., Inc. vs. Kunnan Ent. Ltd., et al.
Trademarks, long used to identify goods as belonging to a particular merchant have today acquired immense importance as separate commodities in themselves- they have, in modern and global usage, become intellectual properties that their ownership, invari...
Promulgated on 2005-06-22

413. CA GR CV 76208: Gonzales G. Espiritu vs. Guerrero Estate Dev. Corp.
AMENDED DECISION. Article 1878 of the New Civil Code provides that a lease of a parcel of land for a period of more than one (1) year requires a special power of attorney from the principal....
Promulgated on 2005-06-21

414. CA GR CV 83361: SPS. TOMAS LUNA AND LEONISA LUNA vs BAP CREDIT GUARANTY CORP., ET AL.,
Per report of the Judicial Records Division, no brief has been filed by appellants within the time provided by the Rules....
Promulgated on 2005-06-21

415. CA GR SP 80360: Josefa P. Reyes vs. Hon. Ma. Luisa Quijano-Padilla, etc., et al.
Before us is a petition praying for the reversal of the order of the public respondent dated May 6, 2003, in SP. PROC. No. Q-02-47609, a Petition for Letters of Administration, which denied the petitioner?s motion to intervene therein....
Promulgated on 2005-06-21

416. CA GR SP 76096: LAZARO DACUT, ET. AL. VS. NLRC, ET. AL.
Before Us is a Petition for Certiorari under Rule 65 of the 1997 Revised Rules of Civil Procedure, collectively filed by Lazaro V. Dacut, Cesario G. Cajote, Romerlo F. Tungala, Lowel Z. Zubista and Orlando P. Taboy...
Promulgated on 2005-06-21

417. CA GR CV 83242: SPS. JUAN ALFONSO SANTOS ET AL., vs SPS. BENEDICTO TOLENTINO ET AL.,
For failure of counsel for the plaintiffs-appellants to comply with the Resolution dated February 7, 2005 directing him to submit the conformity of his clients to his Motion To Withdraw as counsel for appellants, the APPEAL is hereby deemed ABANDONED...
Promulgated on 2005-06-21

418. CA GR CV 57066: SPOUSES JOSE FUENTEBELLA, ET AL., vs. JUAN DY FAMA, and DBP
At Bench is an appeal from the Decision of the Regional Trial Court of Valenzuela, Manila, Branch 171, dated March 31, 1997, in Civil Case No. 3176-V-89, entitled, Jose Fuentebella and Julie Y. Fuentebella vs. Development Bank of the Philippines...
Promulgated on 2005-06-21

419. CA GR CR 28777: PEOPLE OF THE PHILIPPINES vs PABLITO MANGAMPO, JR.,
Per report of the Judicial Records Division, no brief has been filed by accused-appellant within the time provided by the Rules....
Promulgated on 2005-06-21

420. CA GR CR 28988: PEOPLE OF THE PHILIPPINES vs DAN D. FLORES
For failure of accused-appellant to file appellant?s brief per report of the Judicial Records Division despite the lapse of the extended period, the APPEAL is hereby considered ABANDONED and TERMINATED pursuant to Sec. 8, Rule 124 of the Rules on Crim...
Promulgated on 2005-06-21

421. CA GR CV 83198: Agapito Uy vs. Mamerto Delim and Fermina Delim
Notices to file appellants’ briefs were sent to both parties on Oct 21, 2004. Atty. Roney Jone P. Gaudeza, counsel for defendants-appellants, received aforesaid notice on Nov 9, 2004. The 45-day period within which to file defendants-appellants’ brief...
Promulgated on 2005-06-21

422. CA GR CV 82629: MARIAN N. OBRIEN, ET AL., vs IMMACULATE LENDING INVESTOR, ET AL.,
Per report of the Judicial Records Division, no brief has been filed by defendants-appellants within the time provided by the Rules....
Promulgated on 2005-06-21

423. CA GR SP 70523: CARMEN and ALBERTO GAHOL VS. HON. FERNANDO VIL PAMINTUAN, ET AL.
This case traces its genesis to the application filed way back in August, 1935 with the then Court of First Instance of Baguio City by the Assumption Convent of a petition for the approval of its consolidation and subdivision Plan No. PCS-478, a complex...
Promulgated on 2005-06-21

424. CA GR SP 83653: KEPPEL BANK PHILIPPINES, INC. vs HONORABLE MANUEL G. IMSON
This is a petition for certiorari by Keppel Bank Philippines contesting the decision of Acting Secretary of Labor and Employment Manuel Imson in an industrial dispute over which he had assumed jurisdiction pursuant to Section 263 (g) of the Labor Code....
Promulgated on 2005-06-21

425. CA GR CR 25524: PEOPLE OF THE PHILIPPINES VS. DIOSDADO LOGARTA, ET AL.
This is an appeal from the Decision of the Regional Trial Court of Makati City, Branch 147, dated March 6, 2001 in Criminal Case No. 94-2882, finding all the accused, except Virginia dela Cruz, guilty of the crime of estafa under Article 315, subdivision...
Promulgated on 2005-06-21

426. CA GR CV 56219: Zenaida Baydid vs. Brigido Mesina, Jr.
This instant appeal seeks to reverse the decision of the Regional Trial Court of Manila, Branch 16 in an action for specific performance with damages filed by plaintiff-appellee Zenaida Baydid against defendantappellant Brigido Mesina, Jr....
Promulgated on 2005-06-21

427. CA GR CV 68591: Constancia Q. Lichauco, et al. vs. Benedicto Quintos, et al.
By way of an appeal through a Petition for Review under Rule 42 of the Revised Rules of Court, the defendant-appellant Consolacion Q. Austria seeks the nullification of the judgment by default rendered on February 14, 2000, and the order dated August 7, 2...
Promulgated on 2005-06-21

428. CA GR SP 87854: Sps. Nelson & Mercy Villanueva vs RTC, Pasig City Br. 160
THE seven-paged petition for review faces outright dismissal....
Promulgated on 2005-06-21

429. CA GR CV 59724: CALIXTO B. RAMOS VS. CROWN MOTOR SALES CORPORATION
This is an appeal from the decision of the Regional Trial Court, Branch 134, Makati City, dismissing Calixto B. Ramos' petition for relief from judgment for lack of merit....
Promulgated on 2005-06-21

430. CA GR CV 59620: Malolos Stallowners Association, Inc., et al. vs. Malolos,Bulacan MTC Judges, Mayor Danilo Domingo
"Municipal Corporations are the small republics from which the great one derives its strength." The issue brought to the fore by the case at bar is not a novel one. Time and again the Court has ruled on the issues of the local governments' power to...
Promulgated on 2005-06-21

431. CA GR CR 19951: People of the Philippines vs. Sammy Tejero
The accused Sammy Tejero was charged in the court below (RTC, Br. 23, Roxas, Isabela) with frustrated homicide....
Promulgated on 2005-06-21

432. CA GR SP 90080: RIZALINA SABATE vs. JULIAN LAXINA and EPIFANIO
As filed, the instant petition for review is outrightly dismissed, for being insufficient in form and substance, because:...
Promulgated on 2005-06-21

433. CA GR CV 82709: SPS. RICARDO MACLANG AND MYRLONDA ANG MACLANG, ET AL., vs BANK OF THE PHILIPPINE ISLANDS
Per report of the Judicial Records Division, no brief has been filed by plaintiffs-appellants within the time provided by the Rules....
Promulgated on 2005-06-21

434. CA GR CV 78279: Miraclean Stam Laundry & Dry Cleaning, Inc. vs. Luzon Steam Laundry, Inc., et al.
This is an appeal from the Decision dated February 24, 2003 of the Regional Trial Court of Makati City, Branch 135 in Civil Case No. 01-879 for sum of money and damages, the dispositive portion of which reads as follows:...
Promulgated on 2005-06-21

435. CA GR SP 85664: MANOTOK SERVICES, INC., vs. VIEGELY SAMELO
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 50, Manila, dated July 1, 2004, which reversed and set aside the Decision of the Metropolitan Trial Court, Branch 3,...
Promulgated on 2005-06-21

436. CA GR CV 65585: Jerry Tanas, Darwin Pablo, et al. vs. Gov. Jaime Paul B. Panganiban, et al.
This is an ordinary appeal under Rule 41 of the Rules of Court by defendants-appellants Gov. Jaime Paul Panganiban et al., from the Order dated April 15, 1999 of the Regional Trial Court, First Judicial Region, Branch 8, in La Trinidad Benguet....
Promulgated on 2005-06-21

437. CA GR SP 76570: R. Labrador, et al. vs A. Ramirez
THIS is a petition for review from a Decision of the Regional Trial Court in Manila affirming that of the Metropolitan Trial Court in a complaint for unlawful detainer....
Promulgated on 2005-06-21

438. CA GR SP 87923: Sylvia E. Sarmiento vs. Civil Service Commission and Ronaldo Barboño
This is a petition for review filed under Rule 43 seeking to reverse and set aside the Order dated Dec. 7, 2004 of the Civil ServiceCommission dismissing petitioner's appeal from the decision of the individual respondent finding the petitioner guilty of...
Promulgated on 2005-06-21

439. CA GR CR 28359: THE PEOPLE OF THE PHILIPPINES vs JOEL DOMINGO Y GARCIA
Appellant Joel Domingo y Garcia seeks reversal of the decision dated April 6, 2004 in Criminal Case No. C-67230 rendered by the Regional Trial Court, Branch 127, Caloocan City, finding him guilty beyond reasonable doubt of Violation of Section 11, Arti...
Promulgated on 2005-06-21

440. CA GR SP 67912: HGL Dev. Corp. vs Hon. Oscar Leviste, et al.
THIS is a petition of HGL Development Corporation for annulment of judgment under Rule 47 to annul the approved compromise agreement in an action for judicial foreclosure of mortgage initiated by private respondents Oscarlito P. Manalo and Jonathan Yu aga...
Promulgated on 2005-06-21

441. CA GR SP 81228: PHILIPPINE FISHERIES DEVL'T. AUTHORITY vs. OFFICE OF THE PRESIDENT, ET. AL.
Before Us is a Petition for Review in accordance with Rule 43 of the 1997 Rules of Civil Procedure, lodged by the Philippine Fisheries Development Authority, through the Office of the Government Corporate Counsel (OGCC),...
Promulgated on 2005-06-21

442. CA GR SP 90110: FEB Leasing & Finance Corp., etc.vs. Fil Estate Land, Inc., et al.
The herein petition for certiorari assailing the Orders issued by the Regional Trial Court Branch 146, Makati City in Civil Case No. 02-125 (FEB Leasing and Finance Corporation v. Fil Estate Golf & Development Corporation et al.,) suffers from certain...
Promulgated on 2005-06-21

443. CA GR CV 81067: WIL-VIC CONSTRUCTION & DEVELOPMENT CORP. vs. NORMA PETIL, et al.
We have carefully perused the arguments raised by the appellant in her Motion For Reconsideration dated March 21, 2005 and those contained in appellee's Comment thereto, and found the motion offering no cogent, justifiable reason to change, modify or...
Promulgated on 2005-06-21

444. CA GR CV 61706: Pilhino Sales Corp. vs. Alexander Limpin and "John Does"
This is an appeal from the Decision dated August 13, 19982 of Branch 264, Regional Trial Court, Pasig City in Civil Case No. 66307, an action for "Replevin and/or Sum of Money," wherein a writ of replevin was initially issued...
Promulgated on 2005-06-21

445. CA GR CV 80241: LA SAVOIE DEVELOPMENT CORP. VS. ROBINSONS SAVINGS BANK, ET. AL.
This is an appeal from the Order1 dated October 1, 2003 of the Regional Trial Court of Makati City, Branch 142, in SP. Proc. No. M-5664...
Promulgated on 2005-06-21

446. CA GR CV 83781: ORFELINA BALISORO vs LORETA FRONDOSO-TORELLA, ET AL.,
Per report of the Judicial Records Division, no brief has been filed by defendants-appellants within the time provided by the Rules....
Promulgated on 2005-06-21

447. CA GR SP 73014: Rural Bank of San Juan Inc., et al. vs. Judge Senecio O. Tan, heirs of Telesforo Ortiz. et al.
Before us is a Petition for Certiorari, Prohibition and Mandamus w/ application for Restraining Order and Preliminary Injunction. Assailed herein are the Resolutions dated March 6, 2002 and August 2, 2002, respectively...
Promulgated on 2005-06-21

448. CA GR CV 83949: E. Calvelo, et al. vs. D. Bihis, et al.
Acting on the Motion to Dismiss filed by plaintiffs-appellees and in view of the Judicial Records Division (JRD) report dated May 3, 2005, the appeal is hereby DISMISSED for failure of defendants-appellants to file their brief within the reglementary per...
Promulgated on 2005-06-21

449. CA GR SP 80854: HERMINIANO ALILURAN & CRESENCIO ALILURAN vs FORTUNE SECURITIES, INC., et al.,
On February 5, 2004, petitioners' counsel and private respondents Fortune Securities Inc. and Greenfield Development Corporation's ("private respondents") counsels filed a "Joint Motion to Dismiss Petition"....
Promulgated on 2005-06-21

450. CA GR CV 83991: EMC TRANSPORTATION, INC., vs CLEMENTE DELA CRUZ ET AL.,
Per report of the Judicial Records Division, no brief has been filed by defendants?appellants within the time provided by the Rules....
Promulgated on 2005-06-21

451. CA GR CV 84517: MANUEL ALIMBOYAO VERSUS RAFAEL DE VENECIA
Upon motion of the appellee it appearing that this appeal is an improper mode of review...
Promulgated on 2005-06-21

452. CA GR CV 84401: IMELDA SOTELO VERSUS AMADO YCASAS
The Court finds the appellee's Motion to Dismiss appellant?s appeal to be meritorious, it appearing that an ordinary appeal is a wrong mode of review, considering that the assailed judgment was issued by the Regional Trial Court in the exercise of its ap...
Promulgated on 2005-06-21

453. CA GR SP 89497: Hernan Ilagan vs. Carmita Uson Ilagan
This is a petition for review filed under Rule 42 seeking to reverse and set aside the Order dated November 30, 2004 in Civil Case No. Q-04-52472 of the Regional Trial Court of Quezon City, Branch 104, dismissing petitioner's appeal for failure to file...
Promulgated on 2005-06-21

454. CA GR CR 00913: PEOPLE OF THE PHILIPPINES vs GODFREY DANGGO PINENGEO
Before Us for intermediate review is the decision dated May 25, 1999 in Criminal Case No. 1195 rendered by the Regional Trial Court, Branch 35, Bontoc, Mountain Province, finding accused-appellant Godfrey Danggo Pinengeo, guilty beyond reasonable doubt...
Promulgated on 2005-06-21

455. CA GR SP 89214: Fernando Dulay, et al. vs. Santiago Cty RTC Judge Anastacio Anghad, Narciso Guiang
This is a petition for certiorari filed under Rule 65 assailing the Resolution dated January 8, 2005 but issued on February 8, 2005 of respondent Judge denying the petition for relief from judgment and directing the Sheriff to implement the writ of exe...
Promulgated on 2005-06-20

456. CA GR SP 89528: NENA BARICAN vs. JULITO C. QUIBAN, SR. & Wife
On May 6, 2005, petitioner's Motion For Extension Of Time To File Petition For Review was denied, inter alia, for failure to contain the required Affidavit of Service mandated by Section 13, Rule 13 of the Rules of Court, following the pronouncement in...
Promulgated on 2005-06-20

457. CA GR SP 88918: Sps. Alfredo and Ma. Lourdes Valmonte vs. Clarita Alcala, et al.
Before this Court is a Petition For Review under Rule 42 of the Revised Rules of Civil Procedure assailing the Decision dated November 3, 2004 and Order dated February 16, 2005 of the Regional Trial Court, Branch 50, Manila in Civil Case No. 03-107730...
Promulgated on 2005-06-20

458. CA GR CR 28866: People vs. Diomedes Bagasbas y Manares
This resolves appellant's Motion to Withdraw Appeal1 filed by Public Attorney?s Office (PAO for brevity), averring, inter alia: 1) PAO was informed by appellant of his intention to withdraw through a letter (copy of which is allegedly attached as Annex A)...
Promulgated on 2005-06-20

459. CA GR CR 28878: People vs. Antonio Garcia y Palispis, et al.
The right to appeal is neither a natural right nor a part of due process. The party who seeks to avail of the same must comply with the requirements of the rules, failing to do so the right of appeal is lost....
Promulgated on 2005-06-20

460. CA GR CV 83363: ALFREDO TEJADA OSILLOS vs FRANCISCA HIZON
Per report of the Judicial Records Division, no brief has been filed by appellant within the time provided by the Rules....
Promulgated on 2005-06-20

461. CA GR CV 58696: Alfonso and Florentina Subia vs. Milagros Abrera, et al.
Before this Court is an appeal from the orders dated January 28, 1997 and October 8, 1997 of the Regional Trial Court, Fifth Judicial Region, Branches 38 and 40, Daet, Camarines Norte, respectively, in Civil Case No. 2598...
Promulgated on 2005-06-20

462. CA GR SP 66762: Luis Oliva vs. People of the Phils. and Marilyn Joaquin
Before Us is a Petition for Review which seeks to nullify the Order, dated March 16, 2000, of the Regional Trial Court of Iriga City, Branch 36, in Criminal Case No. 4887, declaring Petitioner's conviction of the crime of serious physical injuries as...
Promulgated on 2005-06-20

463. CA GR SP 88587: Sugni Superstore, et al. vs. Kian Tay Trading
On 21 February 2005, this Court issued a Resolution granting petitioners a non-extendible period of fifteen (15) days from 17 February 2005 or until 4 March 2005 within which to file their Petition for Review....
Promulgated on 2005-06-20

464. CA GR SP 73450: Union Bank of the Phils. vs. Hon. Judge Macaraig-Guillen, et al.
Assailed in this Petition for Certiorari are the Orders dated 14 March 2002 and 8 August 2002 of public respondent Presiding Judge of the Regional Trial Court, Makati City, Branch 60, issued in Special Proceeding Case No. M-53633....
Promulgated on 2005-06-20

465. CA GR CV 83064: Walled City Properties Inc. vs. R.P.
Before this Court is an appeal from the decision dated May 29, 2003 of the Municipal Circuit Trial Court of Silang- Amadeo, Cavite, Fourth Judicial Region, Silang, Cavite in LRC Case No. 2000-242, LRA Record No. 72563...
Promulgated on 2005-06-20

466. CA GR CR 27611: People vs. Emiliano Versoza y Banez
A warrantless search and seizure incidental to a lawful arrest is one of the exceptions to the Constitutional interdiction against State intrusions to a person's body, personal effects or residence without a valid warrant for the same....
Promulgated on 2005-06-20

467. CA GR CV 82631: Heirs of Vicente Labrador, et al. vs. Sps. Alejo and Finaflor Rosete
The right to appeal is neither a natural right nor a part of due process. The party who seeks to avail of the same must comply with the requirements of the rules, failing to do so the right to appeal is lost....
Promulgated on 2005-06-20

468. CA GR CV 69534: Aces Productions, Inc. vs. The Castaway Corp. and/or Ben Cruz
In this appeal, the issue for resolution is purely procedural - whether the trial court erred in dismissing the Complaint for the failure of plaintiff-appellant's counsel to appear before the court for the pre-trial on 23 June 2000. We uphold the dismiss...
Promulgated on 2005-06-20

469. CA GR CV 83749: Ernesto Magtoto vs. Gualberto Puncia
For failure of the defendant-appellant to file his appellant's brief within the authorized period per report of the Judicial Records Division dated June l4, 2005, the appeal in this case is hereby considered ABANDONED and DISMISSED...
Promulgated on 2005-06-20

470. CA GR CV 79814: Felicidad Alcanar, et al. vs. Ludy S. Oliva, et al.
For failure of the plaintiffs-appellants to file their appellants' brief within the authorized period per report of the Judicial Records Division dated June 14, 2005, the appeal in this case is hereby considered ABANDONED and DISMISSED...
Promulgated on 2005-06-20

471. CA GR SP 88878: Danilo Parel, et al. vs. Teresita De Guzman, Baguio Water District, et al.
Before this Court is an appeal from the decision dated June 22, 2004 of the Regional Trial Court, Branch 5, Baguio City, in Civil Case No. 6543-R entitled "Danilo Parel, et. al., petitioners vs. Teresita de Guzman, et. al. respondents”...
Promulgated on 2005-06-20

472. CA GR SP 87155: CERTIFIED SERVICES TRADING & PROTECTION vs. HON. PATRICIA A. STO TOMAS
At bar is a Petition for Certiorari under Rule 65 of the Rules of Court with prayer for Temporary Restraining Order (TRO) which seeks to nullify and set aside the Order of the Secretary of the Department of Labor and Employment (DOLE)...
Promulgated on 2005-06-20

473. CA GR CR 28948: People of the Phils. vs. Danilo Facun
The brief for the accused-appellant having been filed fifty-nine (59) days late, the same is hereby ordered EXPUNGED from the records and the appeal DISMISSED. SO ORDERED....
Promulgated on 2005-06-20

474. CA GR SP 86344: Josie & Dangal Achoy vs. Hon. Amor A. Reyes, etc. & People of the Philippines
Impugned in this Petition for Certiorari as tainted with grave abuse of discretion, amounting to lack or excess of jurisdiction, is the Order issued on April 16, 2004 by the Regional Trial Court, National Capital Judicial Region, Branch 43, Manila, in C...
Promulgated on 2005-06-20

475. CA GR CV 53849: Heirs of Molintao Tamang and Dixon Tamang, et al. vs. Magno Empiso
There are two (2) pending incidents presently calling for our resolution in this case, to wit: (i) the notice of change of office address of Atty. Ruben E. Paoad, counsel for the defendant-appellee, which is hereby NOTED; and (ii) the Manifestation and...
Promulgated on 2005-06-20

476. CA GR SP 82522: Roberto M. Dela Cruz vs. Social Security System
This is a petition for review under Rule 43 of the 1997 Rules of Civil Procedure filed by petitioner assailing the decision of the Social Security System (SSS) granting petitioner seven (7) days of sickness benefit, and the decision of the Employee's Co...
Promulgated on 2005-06-20

477. CA GR SP 78261: ROSITA SORIANO VS. PERSEVERANDA DOMINGOQUIJANO
Appealed in this petition for review is the Decision of the Regional Trial Court of Tarlac, sitting in Paniqui, Branch 67, rendered in Civil Case No. 774, affirming in toto the Decision of the Municipal Trial Court of the same City, in Civil Case No. 124...
Promulgated on 2005-06-20

478. CA GR SP 88625: Roselo Pabelonia, Florentino Pabelonia, Augustina Pabelonia vs. Marcelo O. Bobier
This petition for review having been filed late by four (4) days on April 21, 2005 (date of mailing) after the expiration of the extension given to the petitioners to file the same which lapsed on February 17, 2005, coupled with the late payment of the...
Promulgated on 2005-06-20

479. CA GR SP 84324: RUSTICO B. TUTOL vs OFFICE OF THE OMBUDSMAN,ET AL
This is a Petition for Review with prayer for the issuance of a writ of preliminary injunction and/or temporary restraining order under Rule 43 of the 1997 Rules of Court seeking the reversal and setting aside of the Decision dated April 30, 2003 and t...
Promulgated on 2005-06-20

480. CA GR SP 76436: ROMEO F. CADAING VS. THE HON. PRESIDING JUDGE, RTC-BR. 79, QUEZON CITY, ET AL.
A petition for certiorari seeking to annul and set aside the following: (i) First assailed Order dated November 25, 2002, directing that herein petitioner Romeo Cadaing to refund the amount of Php47,598.49...
Promulgated on 2005-06-20

481. CA GR CV 83241: Rosalina Tindoc vs. Edmundo Miranda
Section 1 (e), Rule 50 of the 1997 Rules of Civil Procedure, as amended, provides: Section 1. Grounds for dismissal of appeal. ? An appeal may be dismissed by the Court of Appeals, on its own motion or on that of the appellee, on the following grounds:...
Promulgated on 2005-06-20

482. CA GR CV 82921: Gertrude Guyod vs. Edmund Guntalilib, et al.
The right to appeal is neither a natural right nor a part of due process. The party who seeks to avail of the same must comply with the requirements of the rules, failing to do so the right to appeal is lost....
Promulgated on 2005-06-20

483. CA GR CV 83224: Erlinda B. Cuison vs. Sps. Ernesto and Casilda Agsalud, et al.
Section 1 (e), Rule 50 of the 1997 Rules of Civil Procedure, as amended, provides: Section 1. Grounds for dismissal of appeal. ? An appeal may be dismissed by the Court of Appeals, on its own motion or on that of the appellee, on the following grounds:...
Promulgated on 2005-06-20

484. CA GR CR 00285: People of the Phils. vs. Michael Idian y Escobel
This is an appeal from a judgment of conviction under an information charging the accused-appellant with the crime of rape allegedly committed against a nine (9) year old complainant but the sentence imposed is only reclusion perpetua because of the f...
Promulgated on 2005-06-20

485. CA GR CV 79143: DYNAMIC FOOD OPPORTUNITIES CORPORATION vs. MAERSK LINE & MAERSK FILIPINAS, INC.
Common carriers, from the nature of their business and for reasons of public policy, are bound to observe extraordinary diligence and vigilance with respect to the safety of the goods they transport, and unless they show proof that...
Promulgated on 2005-06-20

486. CA GR CV 79297: Loreta Bathan, et al. vs. Land Bank of the Philippines, et al.
Loreta Bathan and the Spouses Virgilio Banaag and Josephine Bathan-Banaag have appealed from the Decision of the Regional Trial Court of Lipa City, Branch 85, in Civil Case No. 98-0515....
Promulgated on 2005-06-20

487. CA GR SP 81122: HEIRS OF LATE AGAPITA TIONGSON VS. DEPARTMENT OF AGRARIAN REFORM ADJUDICATION BOARD,ET AL.
In 1936, petitioners as compulsory heirs of Agapita Tiongson and Mercedita Tiongson became the owners of three parcels of land located in Barangay Calumpang, Calumpit, Bulacan. Respondents Ladislao Sta. Ana and the heirs of Moises Cruz are the tenant...
Promulgated on 2005-06-20

488. CA GR SP 69110: MAXIMO TUICO VS. THE HON. JUDGE ARCADIO MANIGBAS OF BR. 6, TANAUAN RTC, ET AL.
The rule is clear and leaves no room for equivocation that a judgment in an ejectment case, be it for forcible entry or unlawful detainer, is immediately executory unless the conditions set forth in the Rules for its stay are complied with....
Promulgated on 2005-06-20

489. CA GR SP 83102: Connectivity Unlimited Resources Enterprises, Inc. vs. Hon. Ricardo R. Rosario, etc., et al.
Submitted for our consideration is a Withdrawal Of Petition filed by the petitioner, through its counsel, alleging that the parties have already amicably settled the subject matter of this case, and in view thereof, prays for the withdrawal of the inst...
Promulgated on 2005-06-17

490. CA GR SP 87007: Roberto C. Eliseo vs. People of the Philippines
Sought to be overturned in this Petition for Review is the decision of the Regional Trial Court, Fourth Judicial Region, Branch 74, Antipolo City in Criminal Case No. 03-25504, which affirmed in toto the judgment of the Municipal Trial Court of Taytay, T...
Promulgated on 2005-06-17

491. CA GR SP 81536: FRANCIS B. DY vs. HON. BIENVENIDO A. MAPAYE,et al
In this petition for certiorari, Francis B. Dy assails as having been issued with grave abuse of discretion, the order, dated 17 September 2003, of the Regional Trial Court, Branch 55, Lucena City, dismissing his complaint for annulment of levy and dam...
Promulgated on 2005-06-17

492. CA GR CV 52377: Charles Lee Kuhn, Rowena More-Kuhn vs. Republic of the Phils.
This is one of the cases re-raffled to the undersigned ponente pursuant to the second staging of the Court's Zero Backlog Project. Submitted for Decision on Aug 14 '97, the instant appeal was first assigned to Justice Salvador Valdez...
Promulgated on 2005-06-17

493. CA GR SP 89720: SPS. EDUARDO M. CIOCO, et al vs. MARILYN E. HEBID, et al
As prayed for by Atty. Franklin G. Abadilla, counsel for petitioners, on the ground that the spouses Eduardo M. Cioco and Merlita R. Cioco are not actuallydeprived of liberty, the above-entitled petition for Habeas Corpus is hereby dismissed....
Promulgated on 2005-06-17

494. CA GR CR 00956: People vs. Allan S. Ogaya
Heinous Crime: Before this Court is an appeal from the Decision dated May 8, 2003 of the Regional Trial Court (RTC), National Capital Judicial Region, Branch 116, Pasay City in Criminal Case No. 98-0869...
Promulgated on 2005-06-17

495. CA GR SP 85286: Macario J. Andes, et al. vs. NLRC, et al.
For failure to tender new matter of substance that could warrant the modification or reversal of this Court's decision dated April 13, 2005, the petitioners' Motion for Reconsideration is hereby DENIED for lack of merit....
Promulgated on 2005-06-17

496. CA GR SP 85859: SPOUSES GREGORIO and ESTER GONZALES VS. HON. EDILBERTO T. CLARAVALL, ET. AL.
Assailed by Spouses Gregorio and Ester Gonzales in this Petition for Certiorari under Rule 65 of the Revised Rules of Court is the Writ of Execution dated October 24, 2001...
Promulgated on 2005-06-17

497. CA GR CV 53929: APOLONIA BANAYAD FRIANELA, vs SERVILLANO BANAYAD, JR.,
Before us is the appeal filed by petitioner-appellant Apolonia Banayad Frianela ("Apolonia") from the Decision1 dated September 29, 1995 of the Regional Trial Court, Branch 112, Pasay City (the "lower court"), in SP. PROC. NO. 3664-P....
Promulgated on 2005-06-17

498. CA GR SP 86511: Equitable PCI-Bank vs. Hon. Elmo Alameda, et al.
Before this Court is a Petition1 for Certiorari under Rule 65 of the 1997 Rules of Civil Procedure assailing the Orders dated March 1, 2004, March 10, 2004 and July 13, 2004 of the Regional Trial Court, Second Judicial Region, Branch 5, Tuguegarao City i...
Promulgated on 2005-06-17

499. CA GR CV 71989: FELIZA ABUBO, et al. vs PATRICIO GUNDRAN, et al.
This case may be seen as the apotheosis of a settlement of estate among three descending lines of a property owner that was left unfinished when the Court of Appeals invalidated a decision in a land registration case ? insofar as one group of heirs was c...
Promulgated on 2005-06-17

500. CA GR CR 00533: People vs. Henry Ordas y Valdez, et al.
Records reveal that accused-appellant Rolando Lerma's counsel received the copy of this Court's decision dated April 12, 2005 on April 19, 2005 as shown by the corresponding registry return card. Hence, the deadline for the filing of a motion for reconsi...
Promulgated on 2005-06-17

501. CA GR CV 77020: Far East Bank & Trust Co. vs. Sps. Rolando and Myrna Arciaga
Before this Court is an appeal from the decision dated September 4, 2002 of the Regional Trial Court, National Capital Judicial Region, Branch 60, Makati City, in Civil Case No. 00-307...
Promulgated on 2005-06-17

502. CA GR CV 80961: CECILIA MARTINEZ LEOVONCHIONG vs ESTATE OF DOMINADOR SILUBRICO and ROSA SILUBRICO
Before us is a motion for reconsideration of our Decision dated November 10, 2004 wherein we affirmed the resolution dated July 12, 2003 of the Regional Trial Court, Branch 276 of Muntinlupa City.After careful scrutiny of the arguments posed by plaintif...
Promulgated on 2005-06-17

503. CA GR CV 56165: Zenaida C. Jimenez, et al. vs. Sps. Alejandro and Yolanda Ordonez, et al.
Before this Court is an appeal from the decision dated September 25, 1996 of the Regional Trial Court, Fourth Judicial Region, Branch 16, Cavite City in Civil Case No. N-5612...
Promulgated on 2005-06-17

504. CA GR CV 84148: FLEXO MANUFACTURING CORP. vs. COLUMBUS FOODS, INC. AND PACIFIC MEAT CO., INC.
THE PLAINTIFF-APPELLEE SEEKS THE RECONSIDERATION OF THE RESOLUTION OF APRIL 19, 2005 WHEREBY THE COURT DENIED ITS MOTION TO DISMISS APPELLANT'S APPEAL....
Promulgated on 2005-06-17

505. CA GR CR 00781: People vs. Jaime Sinogba
This is an appeal from the Joint Decision dated September 6, 2002 rendered by the Regional Trial Court, Branch 63, Calabanga, Camarines Sur (hereafter RTC) in Criminal Cases Nos. 01-592, 593, 594 and 595 for the crime of Rape...
Promulgated on 2005-06-17

506. CA GR CR 00798: People vs. Pio Borja y Glino
This is an appeal from the May 20, 2002 Decision of the Regional Trial Court, Branch 259, City of Paranaque, in Criminal Case No. 99-19, finding accused Pio Borja guilty beyond reasonable doubt of having committed the crime of Murder...
Promulgated on 2005-06-17

507. CA GR CV 60956: Marita Q. Basilio vs. Sps. Rubi B. and Eliza M. Maderazo
Before this Court is an appeal from the Decision dated 15 July 1998 of the Regional Trial Court of Quezon City, Branch 85, in Civil Case No. Q-96-26331...
Promulgated on 2005-06-16

508. CA GR CV 58882: Sime Darby Pilipinas, Inc. vs. Pacific Rim Combustion Control, Inc., et al.
Before this Court is an appeal from the Decision dated 3 March 1997 of the Regional Trial Court (RTC) of Makati, Branch 139 in Civil Case No. 91-2792...
Promulgated on 2005-06-16

509. CA GR CR 28317: PEOPLE OF THE PHILIPPINES vs. HADJI MAGUNDAJA alias RASHED
On appeal before us is the decision1 dated April 1, 2004 of Branch 20 of the Regional Trial Court (RTC) of Malolos, Bulacan in Criminal Case No. 1357-M-2003, which found the accused-appellant guilty beyond...
Promulgated on 2005-06-16

510. CA GR SP 88298: Johnson So vs. Hon. Margarito P. Gervacio, Jr., et al.
Before this Court is a petition for certiorari under Rule 65 of the 1997 Rules of Civil Procedure filed by petitioner Johnson So on 09 February 2005. A perusal of the petition shows that the same was improperly filed with this Court....
Promulgated on 2005-06-16

511. CA GR SP 89581: Delfin Dizon, et al. vs Cezaria Gaor
THE petition for review under Rule 43 faces outright dismissal due to formal deficiency....
Promulgated on 2005-06-16

512. CA GR CV 59787: FELIX BENITO, ET AL. VS. ARSENIO C. ABAD, ET AL.
This appeal was re-raffled and re-assigned to this ponente on May 12, 2005 in line with the Court's Zero Backlog Project. Considering that the same was submitted for decision as early as May 26, 1999, we are now deciding it without further delay....
Promulgated on 2005-06-16

513. CA GR CV 83081: FILIPINO FINANCIAL CORP. vs SPS. ALLAN & BELLE CHUA ET. AL.,SPS. PRIMO & CELERINA LOYOLA
Considering the report of the JRD that no appellants' brief has been filed within the allowed period - WHEREFORE, the appeal in this case is deemed ABANDONED and DISMISSED on authority of Sec. 1(e) Rule 50 of the 1997 Rules of Civil Procedure....
Promulgated on 2005-06-16

514. CA GR CR 28308: People vs. Gemma Ong a.k.a. Ma. Theresa Gemma Catacutan
On appeal is the Decision1 dated September 23, 2003 of the Regional Trial Court of Manila, Branch 24 in Criminal Case No. 00-184454 finding the accused Gemma Ong, a.k.a. Ma. Theresa Gemma Catacutan, guilty beyond reasonable doubt of violation of tradem...
Promulgated on 2005-06-16

515. CA GR CV 84319: JACK DIAMOND MANUFACTURING CORPORATION vs WINTHROP REALTY & DEVELOPMENT CORPORATION,
This resolves the plaintiff-appellant's "Notice of Withdrawal of Appeal" filed on May 6, 2005 stating that the parties in the appeal have entered into an amicable settlement. Attached to this pleading is the AMICABLE SETTLEMENT duly executed and signed...
Promulgated on 2005-06-16

516. CA GR SP 85007: BRGY. CAPTAIN LEONARDO CARANTO vs. HELEN TAOATAO
Before Us is a Petition for Review dated 30 July 2004 under Rule 42 of the 1997 Rules of Civil Procedure assailing the Decision dated 30 April 2004 and Order dated 23 June 2004 of the Regional Trial Court, First Judicial Region, San Carlos City, Pangas...
Promulgated on 2005-06-16

517. CA GR SP 81867: MANILA HOTEL CORPORATION vs NATIONAL LABOR RELATIONS COMMISSION and ESMENIO MADLOS
Before us is the Petition for Certiorari1 filed by the Manila Hotel Corporation (the "petitioner") to annul and set aside the decision dated June 18, 20032 ("18 June 2003 Decision") of the National Labor Relation Commission ("NLRC") and its Resolution...
Promulgated on 2005-06-16

518. CA GR SP 68206: RIZALINA LAMZON vs HON. NATIONAL LABOR RELATIONS COMMISSION First Division, Quezon City;et al.
Before Us is a Petition for certiorari and prohibition with prayer for temporary restraining order and/or preliminary injunction, under Rule 65 of the 1997 Rules of Civil Procedure assailing the Decision promulgated on 29 September 2000 of the National...
Promulgated on 2005-06-16

519. CA GR SP 59310: FRANCIS LIM vs SIMEON SABALLAS,et al.
Before this Court is a Petition for Review dated 21 June 2000 filed under Rule 42 of the 1997 Rules of Civil Procedure assailing the Decision dated 04 February 2000 rendered by Hon. Bonifacio Sanz Maceda of the Regional Trial Court, National Capital Ju...
Promulgated on 2005-06-16

520. CA GR SP 70652: FRANCISCO KINGKING, JR., ET AL., vs FRANCIA SILVESTRE, ET AL.,
The arguments raised by petitioners in their Motion for Reconsideration are mere rehash or reiteration of their previous position which this Court has fully discussed, ventilated and passed upon in its decision dated February 8, 2005....
Promulgated on 2005-06-16

521. CA GR CR 28893: People vs. Rosario Pacada
The right to appeal is neither a natural right nor a part of due process. The party who seeks to avail of the same must comply with the requirements of the rules, failing to do so the right of appeal is lost....
Promulgated on 2005-06-16

522. CA GR CV 83152: Efren Soriano, et al. vs. Anselmo Gonzales, et al.
Section 1 (e), Rule 50 of the 1997 Rules of Civil Procedure, as amended, provides: Section 1. Grounds for dismissal of appeal. ? An appeal may be dismissed by the Court of Appeals, on its own motion or on that of the appellee, on the following grounds:e)...
Promulgated on 2005-06-16

523. CA GR SP 87778: BHPL EMPLOYEES UNION-ALUTUCP & OSCAR PANOL, SR. vs NLRC, et al.
There being no compliance by the petitioners with our Resolution of January 25, 2005 directing them to correct the petition and submit the required annexes and authorization for the signatory of the certification of non-forum shopping to execute it on th...
Promulgated on 2005-06-16

524. CA GR SP 89674: Maraino Castro, Victor Samonte, et al. vs. Q.C. RTC, Br.217 Presiding Judge Lydia Layosa
Assailed in this special civil action for certiorari are the 2 Orders dated Dec 13 '04 dismissing the petition for mandamus and dated March 15 '05 denying the motion for recon. An order of dismissal be it right or wrong, is a final order, which is subj...
Promulgated on 2005-06-16

525. CA GR CV 78910: MA. LO KIMTEE OSME?A, vs. SPS. REYNALDO and ERLINDA
This pertains to the motion for reconsideration filed by defendantappellants on 02 February 2005, seeking for the reconsideration of the Decision dated 12 January 2005, the decretal text of which reads:...
Promulgated on 2005-06-16

526. CA GR CV 82737: Esperanza Epiritu Konakawa vs. Republic of the Phils.
On Feb 27 '04, Nueva Vizcaya RTC, Br.29, issued an Order in SPEC. PROC. NO. 1953, w/c states: "... TADASHI KONAKAWA, the husband of petitioner, ESPERANZA ... is hereby declared presumptively dead, only for the purpose to contract subsequent marriage...
Promulgated on 2005-06-16

527. CA GR CV 80402: Teresita Lanuza Dimarumba vs. Jose Dimarumba ; Republic of the Phils.
This is an appeal from the May 30 '03 Decision, by the Sorsogon City RTC, Branch 51, in Civ.Case No. 97-6326 for Declaration of Nullity of Marriage, w/c reads: "In view of the foregoing, the petition is DENIED. The marriage of Jose Dimarumba and Teresi...
Promulgated on 2005-06-16

528. CA GR CR 28282: Melanie De lara vs. People of the Philippines
Before us is a petition for review of the decision of Manila RTC, Br.7 in Criminal Cases Nos. 03-215740 to 03-215764 for violations of Batas Pambansa Bilang 22, otherwise known as The Bouncing Checks Law....
Promulgated on 2005-06-16

529. CA GR CV 79327: Protacio Vicente, et al. vs. Delia Soledad Avera, et al.
Contested before the Regional Trial Court (or RTC) of Mandaluyong City (Branch 208), in an action for injunction with an application for temporary restraining order (or TRO) and preliminary injunction, was a parcel of land consisting of 200 square meters...
Promulgated on 2005-06-16

530. CA GR SP 89898: HEIRS OF PEDRO ROSALES, ET AL VS. HON. FRANCISCO G. MENDIOLA, ET AL
BEFORE US is a Petition for Annulment of Writ of Possession and Notice to Vacate and Injunction with Prayer for Temporary Restraining Order and Writ of Preliminary Injunction (Rollo, p. 02) filed by the petitioners through counsel on 27 May 2005, stati...
Promulgated on 2005-06-16

531. CA GR SP 80333: SPS. EDUARDO AND MERCEDES LABSAN VS. BENJAMIN MENDILLO, ET AL.
Before Us is a petition for review seeking to reverse and set aside the Decision dated July 16, 2003 of Branch 24 of the Regional Trial Court of Cabanatuan City in Civil Case No. 4470 and its Order dated September 22, 2003...
Promulgated on 2005-06-16

532. CA GR CR 00002: People vs. Jose Tuazon
The Notice of Appeal filed by accused through his counsel having been filed within the reglementary period, is hereby given due course. WHEREFORE, let the entire records of this case be forwarded to the Supreme Court for appropriate action....
Promulgated on 2005-06-16

533. CA GR CV 83713: Adelaida Perez vs. Lamberto dela Pena, et al.
The right to appeal is neither a natural right nor a part of due process. The party who seeks to avail of the same must comply with the requirements of the rules, failing to do so the right to appeal is lost....
Promulgated on 2005-06-16

534. CA GR CV 84354: Metropolitan Bank & Trust Co. vs. Green Ground Plastic Manufacturing, Ltd., Co., et al.
This Court resolved to DISMISS this appeal for the ff: 1. The appellants' brief doesn't contain a subject index pursuant to Sec.13(a), Rule 44 of the 1997 Rules of Civil Procedure, as amended; 2. No RTC decision was appended to the appellants' brief...
Promulgated on 2005-06-16

535. CA GR SP 84794: bENEFICIARIES OF THE LATE 2nd Officer Anthony S. Allas vs. NLRC, ET AL
This pertains to the motion for reconsideration filed by the private respondents through counsel on 22 February 2005, seeking for the reconsideration of the Decision dated 31 January 2005, the decretal text of which reads:...
Promulgated on 2005-06-16

536. CA GR SP 83725: SAN MIGUEL CORPORATION and NICOLLO S. CALUAG vs. NLRC, ET AL
This pertains to the motion for reconsideration filed by petitioners through counsel on 23 February 2005, seeking for the reconsideration of the Decision dated 07 January 2005, the decretal text of which reads: CA-G.R. SP No. 83725...
Promulgated on 2005-06-16

537. CA GR CV 76569: Dra. Ma. Corazon Dizon-Igna, et al. vs. ACRE Development Corp., et al.
Appeal by the defendant Purificacion Tagle-Dizon from the Decision of the Regional Trial Court (or RTC) of Quezon City, Branch 221, in Civil Case No. Q-95-23346....
Promulgated on 2005-06-16

538. CA GR SP 76424: JOSEPH ANTHONY M. ALEJANDRO vs.JUDGE ROMEO F. BARZA, ET AL
BEFORE US is the petitioner's motion for reconsideration filed on 22 September 2004, seeking for the reconsideration of the Decision dated 31 August 2004...
Promulgated on 2005-06-16

539. CA GR CV 79725: Victoria Gozos vs Sps. Gerardo and Lorna Milan
WHETHER the payment of the obligation is subject to a condition or to a period is the focal point of this appeal from the judgment of a Regional Trial Court dismissing the complaint for rescission and/or recovery of possession with damages....
Promulgated on 2005-06-16

540. CA GR SP 87220: Kapisanan ng mga Manggagawa sa GSIS vs. Winston F. Garcia
"It is by the goodness of God that in our country we have those three unspeakably precious things: freedom of speech, freedom of conscience, and the prudence not to practice either of them."...
Promulgated on 2005-06-16

541. CA GR CV 66040: Carmela Estrada, et al. vs. Phil. Health Care Providers, Inc., et al.
When there is a close, proximate and causal connection between the agent's efforts and labor in the sale of the property belonging to his principal, the agent is entitled to the contracted commission....
Promulgated on 2005-06-16

542. CA GR CV 84168: ATTY. EDGARDO L. DE JESUS VS. HONDA CARS KALOOKAN, INC., ET AL.
For this Court to resolve is the Motion for Extension of Time to File Appellant's Brief. On February 15, 2005, this Court issued a Notice requiring appellant to file his Appellant's Brief within forty-five (45) days from receipt of notice....
Promulgated on 2005-06-15

543. CA GR SP 88571: Bernabella Jean Bautista 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 decision1 dated October 15, 2004 of the National Labor Relations Commission in NLRC CA NO. 039518-04 NLRC NCR 00-01-01029-2003 NLRC...
Promulgated on 2005-06-15

544. CA GR CV 80817: Sps. Roberto and Rebecca Beltran vs. Antonio Mendoza, et al.
Finding no new matter of substance which would warrant the modification, much less the reversal of this Court's decision dated March 22, 2005, Third-Party Defendant Fil-Homes Realty Development Corp.'s Motion for Reconsideration and Motion to Set Reconsid...
Promulgated on 2005-06-15

545. CA GR CV 70836: Estate of Modesta Q. Villanueva, et al. vs. Altagracia V. Carrasco, et al.
On November 7, 2000, a decision was rendered by Branch 224, Regional Trial Court, National Capital Judicial Region, Quezon City, in Civil Case No. Q-99-39290, dismissing the same on the following grounds, to wit:...
Promulgated on 2005-06-15

546. CA GR SP 81922: PNOC Shipping & Transport Corp. (PSTC) vs. Hon. Leah S. Domingo Regala, etc., et al.
In this special civil action for certiorari under Rule 65 of the Revised Rules of Court, petitioner PNOC Shipping and Transport Corporation (PSTC, for brevity) seeks to annul and set aside the following resolutions rendered by the Regional Trial Court of...
Promulgated on 2005-06-15

547. CA GR CV 78109: PLANTERS DEVELOPMENT BANK vs. SPOUSES RITO & LEONIDA DIMACULANGAN
This is an ordinary appeal from the Decision dated December 18, 2001 (pp. 76-78, Records) rendered by the Regional Trial Court of Malolos, Bulacan, in LRC Case No. P-324-2001,...
Promulgated on 2005-06-15

548. CA GR CR 00767: People of the Phils. vs. Nicanor Salome
Assailed in the present appeal is the Decision dated April 3, 2001 in Criminal Case No. 2536 of Branch 43, Regional Trial Court, Virac, Catanduanes, finding appellant Nicanor Salome (also known as Canor Sabeniano) guilty beyond reasonable doubt of rape...
Promulgated on 2005-06-15

549. CA GR CR 28291: People of the Phils. vs. Marina Rubio-Bernardo
Before us is an appeal from the decision dated February 9, 2004 of the Regional Trial Court of Malolos, Bulacan, Branch 20, finding herein accused-appellant guilty beyond reasonable doubt of violating Section 11, Article II of Republic Act No. 9165,...
Promulgated on 2005-06-15

550. CA GR SP 84906: Alfredo T. Romualdez vs. The Presiding Judge of RTC-Br. 149, ET ALL
Presented for resolution by this Court is whether or not public respondent judge committed grave abuse of discretion, amounting to lack or excess of jurisdiction when he issued the assailed Orders dated March 18, 2004 and April 16, 2004....
Promulgated on 2005-06-15

551. CA GR CV 74588: ENG'R. JOSE CAYANAN vs. NORTH STAR INT'L.TRAVEL, INC.,
This case traces its roots in a Complaint for Sum of Money filed by herein defendant-appellee Northstar International Travel Inc. against Jeac International Management and Contractor Services owned by herein plaintiff-appellant Engr. Jose Cayanan. The...
Promulgated on 2005-06-15

552. CA GR CV 52251: REMEDIOS RAMALES, et al vs MAXIMINIANA RAMALES, et al
This is an appeal from the Decision of the Regional Trial Court, Branch 68, Camiling, Tarlac, in an action for reconveyance, declaration of nullity, collation, partition and damages....
Promulgated on 2005-06-15

553. CA GR SP 86980: PERFECTO LUNA vs HON. VIRGILIO C. ALPAJORA, et al
This is a Petition for Certiorari 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 Orders dated August 13, 2004 and...
Promulgated on 2005-06-15

554. CA GR CV 83125: Metropolitan Bank & Trust Co. vs. Sps. Carlos & Reynalda Nenita P. Ambrosio
This is an appeal from the Decision1 dated September 15, 2003 of the Regional Trial Court of Pasig City, Branch 157 in LRC Case No. R-6154 granting the petition for issuance of a writ of possession over the property of the mortgagors which was extrajudic...
Promulgated on 2005-06-15

555. CA GR CV 79751: ELIZABETH CHUA vs. BANK OF THE PHILIPPINE ISLANDS and THE BRANCH MANAGER, BPI, Cabanatuan
In their Motion for Reconsideration dated December 28, 2004, defendants-appellants are asking Us to take a second look on issues and arguments which have already been considered and passed upon in the Decision rendered in this case dated November 26,...
Promulgated on 2005-06-15

556. CA GR SP 86301: Times Transportation Co., Inc. vs. NLRC, et al.
Finding the arguments in the petitioner's Motion for Reconsideration of this Court?s decision2 dated April 13, 2005 to be mere reiteration or rehash of the arguments already passed upon by this Court, said motion is hereby DENIED for lack of merit....
Promulgated on 2005-06-15

557. CA GR CV 72232: Cecilia Aquino-Santos vs. Augusto C. Santos, et al.
On appeal before this court is the decision dated July 31, 2001 of the Regional Trial Court of Valenzuela City, Branch 172, in Civil Case No. 243-V-00, declaring the marriage of petitioner Cecilia Aquino- Santos and respondent Augusto C. Santos to be nul...
Promulgated on 2005-06-15

558. CA GR SP 61801: Lorna C. Caguiat, etc. vs. N.L.R.C., United Pacific Leasing & Finance Corp., et al.
This is a petition for certiorari to annul and set aside the May 31, 2000 and September 25, 2000 Resolutions of the National Labor Relations Commission in NLRC NCR Case No. 00-12-09820-98 entitled "Lorna C. Caguiat, Complainant, versus, United Pacific...
Promulgated on 2005-06-15

559. CA GR SP 77513: LIMA CITY HOTEL, INC., vs. SUMICON PHILIPPINES
Before Us is a Petition for Review with prayer for issuance of a temporary restraining order and preliminary injunction under Rule 43 of the Revised Rules of Court filed by Lima City Hotel, Inc. seeking the review and reversal of the May 27, 2003 Decis...
Promulgated on 2005-06-15

560. CA GR SP 87913: Almeda, Inc. vs. Gregorio Barraquio, et al.
Before Us is a Petition for Indirect Contempt filed by petitioner Almeda, Inc. against respondents alleging that the latter caused the publication of a newspaper article which tends to unduly influence the decision in CA-G.R. SP No. 81764...
Promulgated on 2005-06-15

561. CA GR SP 75460: Tech Pacific Philippines, Inc. vs. Hon. Reinato G. Quilala, etc., et al.
Assailed in this petition for certiorari are two Orders issued by the lower court (RTC, Br. 57, Makati City) in Civil Case No. 01-1691 entitled Segundina M. Cuevas, Plaintiff versus Tech Pacific (Phils.), Inc., Defendant....
Promulgated on 2005-06-15

562. CA GR CV 56452: Community Rural Bank of San Felipe (Zambales), Inc. vs. Sps. Alfredo & Linda Edusada
Appeal from an Order of the lower court (RTC, Br. 74, Olongapo City) in Civil Case No. 444-0-95, entitled Community Rural Bank of San Felipe (Zambales), Inc., Plaintiff, versus Sps. Alfredo Edusada, et al., Defendants....
Promulgated on 2005-06-15

563. CA GR SP 85110: Jerry Pelayo vs. NLRC, et al.
Finding no cogent reason why this Court's decision dated March 21, 2005 should be reconsidered, petitioner's Motion for Reconsideration is hereby DENIED for lack of merit....
Promulgated on 2005-06-15

564. CA GR SP 75191: Ismael F. Mejia vs. Hon. Amelia Manalastas, Gregorio B. Rupisan, Sr., et al.
Assailed in the present petition for certiorari is an Order dated January 7, 2003 of public respondent Judge Amelia C. Manalastas of Branch 268, Regional Trial Court (RTC), Pasig City dismissing petitioner Ismael F. Mejia’s appeal...
Promulgated on 2005-06-15

565. CA GR CV 81064: Marlene D. Salonga vs. Henry Sible Lim
Finding no new matter of substance that would warrant the modification much less the reversal of the April 25, 2005 Decision of this Court, the Motion for Reconsideration filed by plaintiff-appellee is hereby DENIED for lack of merit....
Promulgated on 2005-06-15

566. CA GR CV 80322: SOUTH ILOCANDIA COLLEGEOF ARTS AND TECHNOLOGY, et al., vs ATTY. BENEDICTO AZCUETA et al.,
Before us is the appeal taken by plaintiff-appellant South Ilocandia College of Arts and Technology ("South Ilocandia") from the Decision dated August 31, 2003 ("RTC decision") of Regional Trial Court1 of Agoo, La Union (the "Court a quo") dismissing i...
Promulgated on 2005-06-15

567. CA GR CV 81479: LATE SERGIO B. GASPAR, vs RAM TRANS, INC.,
In our November 12, 2004 Resolution, We granted the defendantappellant a total extension of sixty (60) days from September 18, 2004 or until November 17, 2004 within which to file the appellant?s brief. As of this date, no appellant?s brief has yet bee...
Promulgated on 2005-06-14

568. CA GR CV 83254: MARCELINO C. RAYOS DEL SOL vs REPUBLIC OF THE PHILIPPINES
In view of the Manifestation and Motion filed by the Office of the Solicitor General that it is no longer pursuing its appeal from the trial court?s Decision dated June 22, 2004, its APPEAL is hereby WITHDRAWN and consequently, TERMINATED....
Promulgated on 2005-06-14

569. CA GR SP 88922: BPI FAMILY SAVINGS BANK INC., vs OUR LADY OF PILAR MONTESSORI CENTER
In view of the Compliance/Manifestation signed by Mitzi Cecile I. Bandarlipe, authorized representative of petitioner-bank, together with the signature of the counsel for petitioner-bank, the Petition For Review is hereby considered WITHDRAWN....
Promulgated on 2005-06-14

570. CA GR CR 28467: PEOPLE OF THE PHILIPPINES vs. ERLINDA EDANG
On March 27, 1996, accused-petitioner, Erlinda Edang, entered a plea of not guilty to the Information indicting her of Estafa in Criminal Case No. 84593 before the Metropolitan Trial Court of Paranaque City. The Information reads:...
Promulgated on 2005-06-14

571. CA GR SP 88850: SPS. PABLITO ANICETE, et al. vs. VICENTE KATUA
A perusal of the petition for review reveals the following: 1. The petition lacks a certification against forum shopping;...
Promulgated on 2005-06-14

572. CA GR SP 90014: WILLIAM O. TAN vs. FIRST INTEGRATED FINANCE CORPORATION
The instant petition for review attaches only: (a) the Decision of the Metropolitan Trial Court; (b) petitioner's Formal Offer of Evidence;...
Promulgated on 2005-06-14

573. CA GR CV 59715: Octo Arts Int'l. vs. Ricardo Buensuceso (a.k.a. Jeric Raval) and John Doe
Before Us is an Appeal1 from the Order, dated February 20, 1998, of the Regional Trial Court of Quezon City, Branch 99, in Civil Case No. Q-96-26882, dismissing Appellant's Complaint for lack of merit. The antecedent facts are as follows: On March 14...
Promulgated on 2005-06-14

574. CA GR SP 78772: JWD CONSTRUCTION VS. HON. RTC OF BAYOMBONG, NUEVA VIZCAYA-BR. 27, ET AL.
This is a petition for certiorari under Rule 65 of the 1997 Rules of Civil Procedure seeking to annul and set aside the Orders dated March 4, 2003 and May 12, 20032 of respondent Regional Trial Court, Bayombong, Nueva Vizcaya, Branch 27...
Promulgated on 2005-06-14

575. CA GR CV 83638: MARVIN C. MARCOS vs. RAMON OLIVA, JR.
The last day to file appellant's brief was February 03, 2005. As of this date, no appellant's brief has as yet been filed. For failure to file the appellant's brief within the reglementary period, this appeal is considered ABANDONED and is accordingly...
Promulgated on 2005-06-14

576. CA GR CR 27992: PEOPLE OF THE PHILIPPINES vs. ERWIN NAJAS y DELA CRUZ
On January 22, 2003, an Information (Information, Records, p. 1) for Violation of Section II, Article II of Republic Act 9165 (Comprehensive Dangerous Drug Act of 2002) was filed against Erwin Najas y dela Cruz, before the Regional Trial Court, Branch...
Promulgated on 2005-06-14

577. CA GR SP 86977: Michael Padua vs. Hon. Agnes Reyes-Carpio, et al.
For failure to raise new matter of substance that could warrant the reversal or modification of this Court's decision dated April 19, 2005, the petitioner's motion for reconsideration is hereby DENIED for lack of merit....
Promulgated on 2005-06-14

578. CA GR SP 81485: Kita Corp., Solid Group Inc., et al. vs. Marissa M. Simpao
In termination disputes, the employer has the burden of proving that the dismissal of an employee was for a valid and just cause. Failure to discharge this burden of proof substantially means that the dismissal was not justified and therefore illegal....
Promulgated on 2005-06-14

579. CA GR SP 81099: Nila Lim vs. Sulpicio Dela Cruz
Before us is a Petition for Review filed under Rule 43 of the 1997 Rules of Civil Procedure, assailing the Decision of the Department of Agrarian Reform Adjudication Board (DARAB) in DARAB Case No. 10508 which, in turn, affirmed the March 8, 2001 Decision...
Promulgated on 2005-06-14

580. CA GR CV 76550: Gloria Gonzales vs. Sps. Simeon and Teofista Pantaleon
This is an appeal from the Decision dated June 10, 2002, rendered by the Regional Trial Court (hereafter RTC), Branch 36, Gapan, Nueva Ecija, in Civil Case No. 186 for Sum of Money with Damages,...
Promulgated on 2005-06-14

581. CA GR CR 28913: People vs. Doming Oca
For failure of accused-appellant to file his appellant's brief w/in the reglementary period as per May 25, 2005 JRD report, the appeal is considered ABANDONED and DISMISSED pursuant to Sec.8, Rule 124 of the 2000 Revised Rules of Criminal Procedure, as...
Promulgated on 2005-06-14

582. CA GR SP 56563: DAISY C. TORRES vs NATIONAL LABOR RELATIONS COMMISSION (2nd Division),ET AL
Petitioner Daisy Torres (or Torres hereafter) in this petition for certiorari asks that the Decision dated June 21, 1999, of the National Labor Relations Commission (or NLRC), 2nd Division, which modified the Decision of the Labor Arbiter dated May 22, 1...
Promulgated on 2005-06-14

583. CA GR SP 90013: Amante Bigornia vs. Hon. Fortunito L. Madrona, etc., et al.
Considering that the instant Petition For Certiorari Under Rule 65 Of The Rules Of Court, With Prayer For Issuance Of A Temporary Restraining Order And Writ of Preliminary Injunction is not accompanied by an Affidavit of Service as required by Section 3,...
Promulgated on 2005-06-14

584. CA GR CR 28000: People vs. Gonzalo Mozenos y Somallo and Jay Pajaroja y Contado
For failure of accused-appellants to file their appellants' brief w/in the reglementary period as per of the May 31 '05 JRD report, the appeal is hereby considered ABANDONED and accordingly DISMISSED pursuant to Sec.8, Rule 124 of the 2000 Revised Rules...
Promulgated on 2005-06-14

585. CA GR CV 73928: GENERAL ACCIDENT INSURANCE ASIA, LTD. vs MIRASOL A. GALING
Plaintiff-appellee General Accident Insurance Asia, Ltd. (or hereafter Insurance Asia) as the insurer and subrogee, filed on February 28, 2000 a case for Sum of Money against defendant and third party plaintiff-appellant Mirasol Galing who does business...
Promulgated on 2005-06-14

586. CA GR SP 89959: Romago, Inc. vs. Summa Kumagai, Inc., et al.
The instant petition for certiorari is ordered DISMISSED....
Promulgated on 2005-06-14

587. CA GR SP 89954: Octavio V. Espiritu vs. Hon. Ricardo R. Rosario, etc., et a.
A careful examination of the instant Petition For Certiorari shows that the it does not contain an explanation why resort was made to other modes of service of the petition to the parties concerned....
Promulgated on 2005-06-14

588. CA GR CV 84042: Romulo R. Ignacio, et al. vs. Ceferino Capalad
For failure of defendant-appellant to file his appellant's brief w/in the reglementary period as per May 25, 2005 report of the JRD, the appeal is hereby ABANDONED and DISMISSED pursuant to Sec.1 (e), Rule 50 of the 1997 Rules of Civil Procedure, as am...
Promulgated on 2005-06-14

589. CA GR CR 28415: PEOPLE vs. LUPO ILAG
The Motion to Withdraw Appeal filed by counsel of the accused-appellant, w/ the conformity of the accused himself is hereby GRANTED pursuant to Section 3, Rule 50 of the 1997 Rules of Civil Procedure, as amended, in relation to Section 18, Rule 124 of...
Promulgated on 2005-06-14

590. CA GR CV 83962: SALOME L. GARCIA, vs. PABLO GARCIA, ET AL
Records show that on 24 January 2005, this Court sent the counsel for 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-...
Promulgated on 2005-06-14

591. CA GR CV 84458: Agoo Rice Mill Corp. vs. Land Bank of the Phils.
On Feb 8 '05, Agoo Rice Mill Corp. filed a Notice of Appeal from the Aug 5, 2004 Decision, by the San Fernando City, La Union, RTC, Branch 30, in Civil Case No. 6255 for Injunction with Application for Writ of Preliminary Injunction and TRO and Damages....
Promulgated on 2005-06-14

592. CA GR CV 69597: Roche (Phils.), Inc. vs Municipality of Makati and. Rolando M. Carlos
At bench is an appeal from the Decision dated August 29, 2000 issued by the Regional Trial Court of Makati City, Branch 146, in Civil Case No. 94-2568, the decretal portion of which states:...
Promulgated on 2005-06-14

593. CA GR SP 81192: SEMEY SEY-ANG VS. ODNI KAMMODCHAY
Before this Court is a Petition for Review under Rule 42 of the 1997 Rules of Court assailing the 03 November 2003 Judgment (Rollo, pp. 97- 99)of the Regional Trial Court, Branch 35, Bontoc, Mountain Province...
Promulgated on 2005-06-14

594. CA GR SP 79740: Perla Real vs. Hon. Roberto Caoayan, et al.
Before this Court is a Petition for Certiorari filed under Rule 65 of the Rules of Court which seeks to annul and set aside the Order dated August 6, 2003...
Promulgated on 2005-06-14

595. CA GR CV 83585: METRO LA UNION DISTRICT WORKERS ASSOCIATION TOWARD EFFECTIVE REFORMS vs GOV. VICTOR ORTEGA,ET AL
For resolution are the 2 motions for extension of time to file appellant's brief dated Apr 14 '05 and Apr 26 '05, respectively, filed by herein plaintiff-appellant. Be it noted that in a Minute Resolution dated March 16, 2005, the Court earlier granted...
Promulgated on 2005-06-14

596. CA GR SP 84812: Fructuoso and Ariel Puncia vs. NLRC, et al.
Finding the grounds relied upon by the petitioners in their Motion for Reconsideration of this Court's decision dated March 22, 2005 to be mere reiteration or rehash of the arguments raised in the petition for certiorari, the said motion is hereby DENIED...
Promulgated on 2005-06-14

597. CA GR CV 84011: Nestor Mercado, Jr., et al. vs. Camilo Paleracio, et al.
Records show that on February 15, 2005, plaintiffs appellants' counsel received this Court's notice to file brief. Hence, the last day for filing the said appellants brief was on April 1, 2005. As per report of the Judicial Records Division, no appellant...
Promulgated on 2005-06-14

598. CA GR SP 70688: LITO ESTOSANE and ROLANDO QUERO vs NATIONAL LABOR RELATIONS COMMISSION,ET AL
Before Us is a petition for certiorari filed by Lito Estosane (or Estosane hereafter) and Rolando Quero (or Quero) assailing the Decision dated January 31, 2002 of the respondent National Labor Relations Commission (or NLRC) dismissing their appeal for l...
Promulgated on 2005-06-14

599. CA GR SP 89022: ENVIRONMENTAL LEGAL ASSISTANCE CENTER, INC. vs CESAR A. ESTOLANO
This is a petition for certiorari to declare null and void the order of the Ombudsman dated December 6, 2004 copy of which was received by the petitioners on January 4, 2005. This petition is fatally defective for the following reasons:...
Promulgated on 2005-06-14

600. CA GR CR 23249: PEOPLE OF THE PHILIPPINES vs JOHN ROBERT PORTER, JR.
From late evening of March 22, 1994 until early next morning, twenty-three year old John Robert Porter Jr. was with six of his friends enjoying the night life of Angeles City after coming all the way from Quezon City. They stopped first at Red Caps which...
Promulgated on 2005-06-14

601. CA GR SP 77763: PLACIDOS TRADING VS. NLRC, ET AL.
A petition for certiorari with prayer for the issuance of a temporary retraining order and/or preliminary injunction, seeking to annul and set aside the Order1 promulgated on August 30,2002, of the respondent National Labor Relations Commission (NLRC) in...
Promulgated on 2005-06-14

602. CA GR CV 81184: Sps. Hemrinio L. Valdemoro & Anita R. Valdemoro vs. Nardina S. Dy, et al.
As prayed for by plaintiffs/appellants in their Motion to Withdraw, and it appearing that the parties have already settled their controversy amicably, the herein appeal is deemed WITHDRAWN....
Promulgated on 2005-06-14

603. CA GR SP 89970: MC Fish Int'l. Corp. vs. NLRC Third Division, et al.
Before us is a petition for certiorari with prayer for issuance of a temporary restraining order and writ of preliminary injunction seeking the nullity of the Decision dated August 26, 2003 of the National Labor Relations Commission...
Promulgated on 2005-06-14

604. CA GR SP 60119: CRISANTO AMBOS vs HON. JUDGE MAURICIO RIVERA,ET AL
The petitioner Crisanto Ambos, Jr. (or Ambos herefafter) through certiorari asks that the Order and Decision both dated March 23,2000 issued in LRC Case No. 91-1003 by the respondent Executive Judge Mauricio Rivera of the Regional Trial Court of Antipolo...
Promulgated on 2005-06-14

605. CA GR CV 83901: Heirs of Darwin Cabildo namely Sps. Panchito & Winefreda Cabildo vs. Cuyo Palawan Municipal Gov't.
The right to appeal is not a natural right or a part of due process, it is purely statutory privilege, and may be exercised only in the manner and in accordance with the provisions of law. Thus, an appeal may be dismissed by the Court of Appeals if th...
Promulgated on 2005-06-10

606. CA GR SP 88925: Virginia S. Clarito, et al. vs. Crispina A. Caco
This is a petition for review filed under Rule 42 seeking to reverse and set aside the Decision dated February 10, 2005 of the Regional Trial Court of Malabon City, Branch 170 affirming in toto the Decision dated August 12, 2004 of the Metropolitan Tri...
Promulgated on 2005-06-10

607. CA GR SP 86826: Manly Express, Inc., Siu Eng T. Ching, et al. vs. NLRC and Hercules P. Balena
This is a petition for certiorari under Rule 65 seeking to reverse and set aside the Decision dated November 20, 2003 affirming the Decision dated December 18, 2002 of the Labor Arbiter finding the petitioners guilty of illegal dismissal...
Promulgated on 2005-06-10

608. CA GR CV 80980: Manuel Cuevas vs. Republic of the Philippines
This is an appeal from the Decision1 dated September 16, 2003 of the Regional Trial Court of Taguig, Metro Manila, Branch 74, in LRC Case No. 132 (LRA Record No. N-69218), granting the application for confirmation of title under the provisions of land...
Promulgated on 2005-06-10

609. CA GR CR 21661: PEOPLE OF THE PHILIPPINES vs WILSON TAN Y ALMAZEN
This case has beeen re-raffled to the undersigned as ponente. Considering that in the assailed Decision dated January 12, 1998, the accused-appellant was convicted of the offense charged and was sentenced to suffer the indeterminate penalty of 2 years ...
Promulgated on 2005-06-10

610. CA GR SP 87062: Singer Finance Corp. vs Sps. Alfono and Magdalena Castano
Before this Court is a petition for review under Rule 42 of the 1997 Rules of Civil Procedure assailing the Decision dated May 25, 2004 and the Order dated September 15, 2004 of the Regional Trial Court, National Capital Judicial Region, Branch 195 Parana...
Promulgated on 2005-06-10

611. CA GR CV 83872: Editha Corpuz vs. Dr. Nicanor Reyes Memorial Colleges and its registrar Jesusa Miguel
The right to appeal is not a natural right or a part of due process, it is purely statutory privilege, and may be exercised only in the manner and in accordance with the provisions of law. Thus, an appeal may be dismissed by the Court of Appeals if the...
Promulgated on 2005-06-10

612. CA GR CV 77339: Levy Construction & Dev't. Corp. vs. Manuel T. Ley and Janet C. Ley
The right to appeal is not a natural right or a part of due process, it is purely statutory privilege, and may be exercised only in the manner and in accordance with the provisions of law. Thus, an appeal may be dismissed by the Court of Appeals if the...
Promulgated on 2005-06-10

613. CA GR CR 28867: PEOPLE OF THE PHILIPPINES vs CARLOS CASIPIT and MANNY UBANDO
Both accused-appellants Carlos Casipit and Manny Ubando with the conformity of Shirley Casipit, mother of accused Carlos Casipit, and Maritess Ubando, wife of accused Manny Ubando, and with the assistance of Atty. Joven M. Maramba, counsel de oficio, ...
Promulgated on 2005-06-10

614. CA GR CV 60842: Eduardo Leones vs.Trinidad Cunanan
Before us is an appeal from the decision of the RTC, Br.7, Baguio City in an action for sum of money filed by plaintiff-appellant vs. defendant-appellee docketed as Civil Case No. 901-R, w/c was consolidated with Civil Case No. 2260-R...
Promulgated on 2005-06-10

615. CA GR CV 84515: Fabcon Philippines, Inc. vs. Batangas Sugar Central, Inc.
The parties have executed a Compromise Agreement, which they submit for approval....
Promulgated on 2005-06-10

616. CA GR CV 83662: PCCI FINANCE CORPORATION vs ROWEN MANUFACTURING CORP., ET AL.,
In view of the non-filing by defendants-appellants of the required Appellants? Brief per report of the Judicial Records Division, the APPEAL is considered ABANDONED and consequently, TERMINATED pursuant to Sec. 1 (a), Rule 50 of the Revised Rules of C...
Promulgated on 2005-06-10

617. CA GR SP 89977: Juanito Tango, Natividad Ramonan, et al. vs. Iluminada Adriano,Sabina Gonzales, et al.
Before the Court is a petition for annulment of judgment filed under Rule 47, 1997 Rules of Civil Procedure, assailing the Order dated December 29, 20031 in Civil Case No. 653-19 (Geronimo Tango, et al. vs. Alejandro Tango, et al.) of Branch 13, Regional...
Promulgated on 2005-06-10

618. CA GR CV 65321: Gracia Morado vs. Sps. Renato & Gloria Eva, et al.
Contested before the Regional Trial Court of Quezon City (Branch 221), in an action for cancellation/revocation of sale and nullification of title, was that 14.44 square-meter portion (or disputed property) of Lot 3-B with an area of 63 square meters, si...
Promulgated on 2005-06-10

619. CA GR CV 83905: Darlene Ng vs. Oscar Medalla and Joseph Balabag
Considering the report of the Judicial Records Division that no appellants' brief has been filed despite appellants' receipt of the notice to file brief within 45 days which lasted until March 19, 2005, the appeal is considered abandoned and dismissed...
Promulgated on 2005-06-10

620. CA GR CV 68256: George L. Chan vs. Asset Privatization Trust (APT)
Before Us is a partial appeal filed by APT from the Aug 26 '99 Order, the dispositive portion reads: "WHEREFORE, Special Civil Action No. 35-0113 for Injunction with Temporary Restraining Order filed by George L. Chan against APT is ordered DISMISSED....
Promulgated on 2005-06-10

621. CA GR SP 82768: Fernando J. Reyes, Jonathan C. Elisan, et al. vs. NLRC, Meralco, Manuel L. Lopez
AMENDED DECISION. In this Motion for Reconsideration, private respondent MERALCO challenges this Court's Decision promulgated on Dec 16 '04 based on these grounds: "I THE HONORABLE COURT OF APPEALS COMMITTED SERIOUS ERROR AND GRAVE ABUSE OF DISCRETION IN...
Promulgated on 2005-06-10

622. CA GR CV 50948: Asiavest Merchant Bankers (M) Berhad vs. Phil. National Construction Corp.
Before the Regional Trial Court of Pasig City (Branch 153) was an action for sum of money filed by Asiavest Merchant Bankers (M) Berhad (or appellee) against Philippine National Construction Corporation (or appellant), formerly Construction Development...
Promulgated on 2005-06-10

623. CA GR SP 89248: Phil. Veterans Bank vs. Sps. Fernando & Angelina Edralin, Prque Cty RTC Judge Artemon Luna
Assailed in this petition for mandamus with prayer for issuance of preliminary mandatory injunction is the Order dated November 8, 2004 dismissing petitioner's application for the issuance of a writ of possession, as well as the Order dated January 28...
Promulgated on 2005-06-10

624. CA GR SP 75157: INTERSERVE MANAGEMENT & MANPOWER RESOURCES, INC. vs. THE HONORABLE NATIONAL
Assailed in the petition for certiorari are the Resolution1 dated September 12, 2002 of the public respondent National Labor Relations Commission (NLRC) modifying the Decision2 dated December 29, 2000 of Labor Arbiter Madjayran H. Ajan;...
Promulgated on 2005-06-10

625. CA GR CV 70048: CHINITA F. PARILLA and ALEXANDER GO FAVIS, VS.CORAZON UGALDE-FAVIS, ET AL.,
Before Us is the Motion for Reconsideration filed by the defendantappellants on 27 February 2004, seeking for reconsideration of the Decision of this Court promulgated on 30 January 2004, viz: ?WHEREFORE, in the light of the foregoing discussion, the...
Promulgated on 2005-06-10

626. CA GR CV 56605: R.P. vs. Sps. Reymundo and Filipinas Guevarra, Emerita San Pedro, heirs of Simeon Fernando, et al.
This is an Appeal from the Order, dated April 1, 1997, of the Regional Trial Court of Malolos, Bulacan, Branch 8, which modified its Joint Decision, dated September 6, 1996, in Civil Case Nos. 450-M-92 and 267-M-93. The dispositive portion of said Orde...
Promulgated on 2005-06-10

627. CA GR SP 89502: DR. PHYLIS C. RIO vs NLRC, COLEGIO DE STA. ROSA - MAKATI and/or Directress/Principal
For failure to attach copies of documents and pleadings (i.e., complaint and answer filed before the Labor Arbiter, position paper of the respondents and their respective memorandum on appeal filed before the NLRC) relevant and pertinent to the petitio...
Promulgated on 2005-06-09

628. CA GR CV 73433: JOSEFINA C. TEVES, et al. vs. ANTONIO CRISMUNDO, et al.
An appeal from the Decision of the Regional Trial Court of Makati City, Branch 134, in its Civil Case No. 93-1306, the dispositive portion of which reads:...
Promulgated on 2005-06-09

629. CA GR CV 76366: BITAOGAN BAY DEV?T CORP. vs. ARAS-ASAN TIMBER CO., INC. et al.
This is an appeal from the Decision of the Regional Trial Court, Branch 79, of Quezon City...
Promulgated on 2005-06-09

630. CA GR SP 84325: ALEXANDER HUGO T. BRILLANTES vs THE HONORABLE MA. MERCEDITAS N. GUTIERREZ,ET AL
In view of the Manifestation filed by the surviving legal heirs of the deceased petitioner Alexander Hugo T. Brillantes stating, among other things, that they are not willing to be substituted for the deceased petitioner in the instant action, and that...
Promulgated on 2005-06-09

631. CA GR CR 00772: People of the Phils. vs. Edwin Piniano y Vitay
In crimes involving death penalty, the prosecution must adhere to the most exacting evidenciary and procedural rules. Referring in particular to the crime of incestuous rape, the qualifying circumstances of relationship and minority must not only be alle...
Promulgated on 2005-06-09

632. CA GR CV 52133: Sps. Mario & Aurea Odulio vs. Narciso Caguimbal, Tomas Atienza, et al.
This is one of the cases re-raffled to the undersigned ponente pursuant to the second staging of the Court's Zero Backlog Project. Submitted for Decision on May 13, 1998, the instant appeal was first assigned for study and report to...
Promulgated on 2005-06-09

633. CA GR SP 88681: Makati City, Andrea Pcita S. Guinto, et al. vs. Smart Communications, Inc.
In a Minute Resolution dated March 11 '05, the Court resolved to grant petitioners' "Motion for Extension of Time to File Petition for Review", to wit: "Subject to the timeliness of the filing of the motion, petitioner is GRANTED an extension of 15 days ...
Promulgated on 2005-06-09

634. CA GR SP 72096: Mauricio Pagosan Jr. vs. NLRC, Lepanto Consolidated Mining Co.
This petition for certiorari challenges the Aug 16 '01 Resolution of the public respondent NLRC w/c affirmed Labor Arbiter Monroe Tabingan's decision ordering the dismissal of the petitioner Mauricio Pagosan's complaint for illegal dismissal...
Promulgated on 2005-06-09

635. CA GR CV 84261: EDEN R. SERAFICA vs. REPUBLIC OF THE PHILIPPINES
As prayed for by petitioner-appellee, without objection on the part of oppositor-appellant, the motion to withdraw petition is hereby granted, and the instant petition is declared withdrawn....
Promulgated on 2005-06-09

636. CA GR SP 56498: CAYETANO J. RICAFRENTE, JR. vs CIVIL SERVICE COMMISSION and SENATE OF THE PHILIPPINES
Petitioner Cayetano Ricafrente, Jr. (or Ricafrente hereafter), by this petition for review seeks the reversal of the twin Resolutions of the respondent Civil Service Commission (or CSC) dated May 5, 1999 in its Case No. 99-0871 which affirmed the Order...
Promulgated on 2005-06-09

637. CA GR SP 89015: Eric V. Chuanico vs. Manila RTC Br.37 Judge Vicente A. Hidalgo
On March 21, 2005, the petitioner filed a motion for a 15-day extension of time within which to file his announced Petition for Certiorari stating therein that he received the last Order of the respondent court on January 18, 2005 so that the last day...
Promulgated on 2005-06-09

638. CA GR CR 00208: People of the Phils. vs. Mario Lazo, Romeo Lazo
As per verification with the Judicial Records Division, there has been no compliance by the property bondsmen with our Resolution dated January 12, 2005 directing compliance -- within ten (10) days from notice...
Promulgated on 2005-06-09

639. CA GR SP 58313: SENTINEL WATCHMAN and PROTECTIVE AGENCY, INC. vs NATIONAL LABOR RELATIONS COMMISSION, RAMON AGOJO
In this petition for certiorari, the petitioner Sentinel Watchman and Protective Agency, Inc. (or Sentinel hereafter) assails the Resolution of December 15, 1999 (pp. 129,137, rollo) of the respondent National Labor Relations Commission (or NLRC) (Secon...
Promulgated on 2005-06-09

640. CA GR CV 64315: ISABELITA R. DE GUZMAN vs REPUBLIC OF THE PHILIPPINES
This is an appeal filed by the Solicitor General from the order of the Regional Trial Court of Bulacan, Branch 8, on February 12, 1999, granting the correction of an entry in TCT No. T-117952 relating to the area of the registered land....
Promulgated on 2005-06-09

641. CA GR CV 71277: MARIFLOR T. DAGUPLO vs FERNANDO REYES
This is an appeal from the decision of the Regional Trial Court,Branch 145, Makati City, dated March 8, 2001, the dispositive portion of which states, to wit: WHEREFORE, premises considered, judgment is hereby rendered, dismissing the complaint as well a...
Promulgated on 2005-06-09

642. CA GR CV 82725: AURORA PALERMO vs SPS. FELIPE and MARIA GRANETA
For failure of the defendants-appellants to file brief within the reglementary period which expired on April 25, 2005, the appeal is deemed abandoned and dismissed pursuant to Sec. 1(e), Rule 50 of the 1997 Rules of Civil Procedure....
Promulgated on 2005-06-09

643. CA GR CV 83522: Jesusa Apostol vs. Republic of the Philippines
Submitted for our consideration is a Manifestation And Motion To Withdraw Appeal filed by the Oppositor-Appellant, through its counsel...
Promulgated on 2005-06-09

644. CA GR SP 88947: AMA Computer Coll. - Fairview, QC vs. Judge Marie Jacob, Sps. Tan Andres Hua & Tan Chui Pek, et al.
The instant Petition for Certiorari with prayer for TRO and/or injunction sought to nullify respondent court's Order (dated March 8, 2005) to execute, pending appeal, the Decision dated July 26, 2004 of the Metropolitan Trial Court of Quezon City, Bra...
Promulgated on 2005-06-09

645. CA GR CV 43680: Sps. Mariano de Vera, et al. vs PNR, et al.
For consideration of this Court are the appeals filed by plaintiffs-appellants and defendants-appellants Philippine National Railways (PNR, for brevity) and Apolonio Florendo (Florendo, for brevity) from the Decision of the Regional Trial Court of Malolo...
Promulgated on 2005-06-09

646. CA GR CV 67852: SEVERIANO DILAG, ET AL vs MA. ELENA REYES, ET AL
On March 19, 2000, a decision was rendered by Branch 15,Regional Trial Court, Third Judicial Region, Malolos, Bulacan, in Civil Case No. 92-2776, the dispositive portion of which reads as follows, to wit:...
Promulgated on 2005-06-09

647. CA GR SP 88487: CARLO J. PINON vs THE HONORABLE PRESIDING JUDGE OF THE REGIONAL TRIAL COURT OF PASIG CITY,ET AL
Upon receipt of Notice Of Appeal, the trial court has only one ground to deny appeal, unless appeal was abandoned, and that ground is: due to failure by appellant to file on time, appeal bond or record on appeal. The authority to dismiss an appeal on the...
Promulgated on 2005-06-09

648. CA GR CV 82779: Sps. Leonila and Oscar Parungao, et al. vs. Ana Sitjar, et al.
In a Minute Resolution dated April 4, 2005, defendants-appellants were granted another extension of forty-five (45) days from January 10, 2005 or until February 24, 2005 within which to file their appellants' brief....
Promulgated on 2005-06-09

649. CA GR SP 87701: ROSALINDA DIMAPILIS-BALDOZ vs HON. AMALIA F. DY,ET AL
Submitted for resolution is this petition for certiorari with prayer for Issuance of a Temporary Restraining Order and/or Writ of Preliminary Injunction seeking the nullification and setting aside of the Resolution rendered by Branch 213, Regional Trial...
Promulgated on 2005-06-09

650. CA GR SP 89896: AMA Group of Companies, etc. vs. N.L.R.C. & Maria Abegail D. Rico
The instant petition for certiorari is procedurally flawed in view of the following: The petition is not accompanied by copies of pertinent and material documents and pleadings which would support the allegations in the petition...
Promulgated on 2005-06-09

651. CA GR SP 89161: Filipina Ramos vs. Country Rural Bank of Taguig, et al.
In this petition for annulment of judgment filed pursuant to Rule 47 of the 1997 Rules of Civil Procedure, petitioner Filipina Ramos seeks the annulment of the April 25, 2001 Decision rendered by public respondent Regional Trial Court of Balayan, Batan...
Promulgated on 2005-06-09

652. CA GR CV 58461: Sps. Ismael and Teresita Caballero vs. Marina Z. Cayabyab
Before Us is an Appeal from the Decision, dated March 21, 1997, of the Regional Trial Court of Dagupan City, Branch 40, in Civil Case No. 96-01234-D, which granted the plaintiffs-appellees' Complaint for Damages. Plaintiffs-appellees filed a complaint...
Promulgated on 2005-06-09

653. CA GR SP 89428: Sps. Vivencio Espino and Flotilda G. Santiago vs. Geminiano Binuya, et al.
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 2005-06-08

654. CA GR CV 73735: CONSOLACION JUANILLO vs. EDGARDO JUANILLO,
On September 14, 1967, plaintiff Consolacion Juanillo and defendant Edgardo Juanillo were married at Mary Help of Christians Parish at Maypajo, Kalookan City. They begot four (4) children, namely: Jonathan, Jennifer, Jeovanni and Jurlayda.Plaintiff all...
Promulgated on 2005-06-08

655. CA GR CR 00547: People vs. Pio Badaguas y Medalla
This is an appeal from the Decision dated January 22, 2002, rendered by the Regional Trial Court (hereafter RTC), Branch 50, San Jacinto, Masbate, in Criminal Case Nos. 758, 759 and 760 for the crime of Rape...
Promulgated on 2005-06-08

656. CA GR SP 89818: Silvino Tadeja, Jr. vs. Urdaneta City RTC Judge Melitong Emuslan
The present petition suffers from the ff infirmities: 1. The required affidavit of service under Sec. l3, Rule l3 of the 1997 Rules of Civil Procedure, as amended, is nowhere attached thereto; and...
Promulgated on 2005-06-08

657. CA GR CV 81989: EAGLECOR INCORPORATED VS. TITAN-IKEDA CONSTRUCTION CORP..
We resolve to consider the instant appeal ABANDONED,and accordingly DISMISSED, pursuant to Section 1(e) Rule 50 of the 1997 Rules of Civil Procedure for Defendant-appellant's failure to file the required brief within the period fixed by the Rules...
Promulgated on 2005-06-08

658. CA GR CR 28497: PEOPLE OF THE PHILIPPINES vs. CRISPOLO P. DACUBA
Before this Court is an appeal from the decision1 dated January 6, 2004 of Branch 72 of the Regional Trial Court (RTC) of Antipolo City in Criminal Case No. 96-12666,...
Promulgated on 2005-06-08

659. CA GR CV 83766: SPS. MIGUEL PEREZ & NENITA UY, PEREZ, ET AL., VS. SPS. FLORENCIO MERCADO & ZENAIDA MERCADO, ET AL.,
We resolve to consider the instant appeal ABANDONED, and accordingly DISMISSED, pursuant to Section 1(e) Rule 50 of the 1997 Rules of Civil Procedure, for defendant-appellant?s failure to complete the payment of the appellate docket and other legal fee...
Promulgated on 2005-06-08

660. CA GR CR 28900: People vs. Queruben Hadap y Desaliza
For failure of the accused-appellant to file his appellant's brief within the authorized period per report of the Judicial Records Division dated May 30, 2005, the appeal in this case is hereby considered ABANDONED and accordingly DISMISSED...
Promulgated on 2005-06-08

661. CA GR SP 83599: Julieta Balansay, et al. vs. Felicidad Vda. de Rosario, et al.
Before us is an appeal from the September 18, 2003 Decision of the Regional Trial Court of Dagupan City, Branch 14, in Civil Case No. 2003- 0176-D, dismissing the petition for certiorari which sought nullification of the January 28, 2003 Resolution and...
Promulgated on 2005-06-08

662. CA GR SP 88996: MGN Trucking Corp. vs. NLRC (2nd Div.) and Danilo B. Carillo
Before Us is a Petition for Certiorari filed under Rule 65 of the 1997 Rules of Civil Procedure, as amended, assailing the Decision dated September 22, 2004 of public respondent National Labor Relations Commission (Second Division) modifying the Decisi...
Promulgated on 2005-06-08

663. CA GR SP 87771: Eagle Electric Workers & Employees Ass. vs. DOLE, Eagle Electric Independent Workers Union, et al.
AMENDED DECISION. Public respondents moved for a partial reconsideration of our Mar 30 '05 Decision, praying that the choice of "NO UNION" be included from the choices in the certification election among the rank and file employees of Eagle Electric...
Promulgated on 2005-06-08

664. CA GR CV 82119: Dorisa Mae Isabelo Dorado vs. Mr. Gary E. Role
For failure of the defendant-appellant to file his appellant's brief within the authorized period per report of the Judicial Records Division dated May 27, 2005, the appeal in this case is hereby considered ABANDONED and DISMISSED...
Promulgated on 2005-06-08

665. CA GR SP 68844: Alan Chua (Approved Diesel Specialist) vs. Mario Divinagracia
Does a man's quest for justice entitle him to employ any and all means to vindicate his claim, even in derogation of another's rights? Acting on the belief that his cause of action was meritorious, petitioner filed a simple case for collection of sum of m...
Promulgated on 2005-06-08

666. CA GR SP UDK 5203: CRESCENCIO V. PAGAO vs HON. NORMANDIE B. PIZARRO, ET AL.,
In view of the failure of petitioner to address in his Motion For Reconsideration the requirements contained in Our Resolution of September 23, 2004 and considering further that no cogent or plausible reason has been advanced by him to warrant the rev...
Promulgated on 2005-06-08

667. CA GR CV 57515: Teodor Salud & Maripol Guerrero vs. Melania Guerrero
Appeal from the Decision of the Regional Trial Court of Imus, Cavite, Branch 21, in Civil Case No. BCV-86-60....
Promulgated on 2005-06-08

668. CA GR CV 83003: EVANGELINE ABADIER vs REPUBLIC OF THE PHILIPPINES
For consideration is the Motion to Withdraw Appeal filed by the Office of the Solicitor General manifesting among others, that: "2. After a thorough review of the records of this case,undersigned counsel ascertained that the lower court's decision was i...
Promulgated on 2005-06-08

669. CA GR CV 83927: Pasay City Gov't. vs. Mariano Delos Santos, Josephine Beo, et al.
For failure of the defendants-appellants to file their appellants' brief within the authorized period per report of the Judicial Records Division dated May 26, 2005, the appeal in this case is hereby considered ABANDONED and accordingly DISMISSED...
Promulgated on 2005-06-08

670. CA GR SP 87149: Naomi Hiu-Dizon vs. Hon. Ofelia T. Pinto, 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 private respondent is hereby DENIED for lack of merit....
Promulgated on 2005-06-08

671. CA GR SP 78688: DOLORES DUMDUM VDA. DE ANDAS vs HON. THELMA A. PONFERRADA, et al.,
This special civil action for certiorari under Rule 65 of the Rules of Court commenced by petitioner Dolores Dumdum Vda. De Anda ("petitioner") assails the Orders dated November 25, 20021 ("25 November 2002 Order") and June 18, 20032 ("18 June 2003 Ord...
Promulgated on 2005-06-08

672. CA GR CR 00118: People vs. Jose Carino
Finding no new matter of substance that would warrant the modification much less the reversal of this Court?s decision dated January 25, 2005, the Motion for Reconsideration1 filed by accused-appellant is hereby DENIED for lack of merit....
Promulgated on 2005-06-08

673. CA GR CV 82740: SPS. ALEJANDRO & NERISSA ROMERO vs SPS. LARENO & SALVACION RUGA
No appellants' brief having been filed within the reglementary period as reported by the Judicial Records Division, this appeal is dismissed under Section 1 (e) Rule 50 of the Rules of Court....
Promulgated on 2005-06-08

674. CA GR CV 60450: Sps. Jose & Proserfina Lumbao vs. Sps. Virgiio Santos & Esperanza Lati, 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 June 17, 1998 of the Retional Trial Court of Pasig City, Branch 69 dismissing the complaint...
Promulgated on 2005-06-08

675. CA GR SP 70384: TRANQUILINO B. REYES, JR. vs EDMUNDO C. MONTA?ES
The petitioner Tranquilino Reyes Jr., a lawyer by profession, was the Executive Secretary of the Prequalification, Bid and Award Committee (PBAC) of the San Lazaro Hospital which undertook the bidding for the janitorial services of the hospital....
Promulgated on 2005-06-08

676. CA GR CV 68752: Cristina Planilla vs. Ferdinand and Teresita Espiritu
Subject of this appeal is the May 24, 2000 Decision of the Regional Trial Court, Branch 25, Binan, Laguna, in Civil Case No. B-5194, an action for rescission...
Promulgated on 2005-06-08

677. CA GR CV 83107: Edith V. Villanueva vs. Daniel Deniña, Francisco Realino, Jr.
For failure of plaintiff-appellant to file her appellant's brief w/in the reglementary period as per report of the JRD dated May 23, 2005, the appeal is hereby considered ABANDONED and accordingly DISMISSED pursuant to Section 1(e), Rule 50 of the 1997 ...
Promulgated on 2005-06-08

678. CA GR CR 00214: People vs. Ramon Tribiana y Vargas
The Notice of Appeal filed by accused through his counsel having been filed within the reglementary period, is hereby given due course. WHEREFORE, let the entire records of this case be forwarded to the Supreme Court for appropriate acti...
Promulgated on 2005-06-08

679. CA GR SP 89857: GRACE GALICIA-SUCKSUPHAN vs HON. AMOR A. REYES,ET AL
Before Us is a petition denominated as a petition for review on certiorari which seeks to assail the Decision rendered by the Regional Trial Court, Branch 21, Manila in Criminal Case No. 04-229715.A careful evaluation of the petition reveals the followin...
Promulgated on 2005-06-08

680. CA GR CR 29013: People of the Phils. vs. Edwin Viloria
For failure of the defendant-appellant to file his appellant's brief within the authorized period per report of the Judicial Records Division dated May 30, 2005, the appeal in this case is hereby considered ABANDONED and accordingly DISMISSED...
Promulgated on 2005-06-08

681. CA GR CR 00272: People of the Phils. vs. Frenzil Tobay
For failure of the defendant-appellant to file his appellant's brief within the authorized period per report of the Judicial Records Division dated May 30, 2005, the appeal in this case is hereby considered ABANDONED and accordingly DISMISSED...
Promulgated on 2005-06-08

682. CA GR SP 85998: JETHRO INTERNATIONAL, INC. & JETHRO INDOOR SHOOTING vs NATIONAL LABOR RELATIONS COMMISSION et al.
This is a petition for certiorari under Rule 65 of the Rules of Court with prayer for the issuance of a temporary restraining order assailing the National Labor Relations Commission?s (NLRC) (1) Decision dated April 29, 2004, and (2) Resolution dated J...
Promulgated on 2005-06-08

683. CA GR SP 89716: 3A APPAREL CORPORATION and RAY SHU vs REGIONAL TRIAL COURT OF PASIG CITY,ET AL
This is a petition for certiorari filed under Rule 65 of the 1997 Rules of Civil Procedure against the Orders dated September 29, 2003 and February 4, 2005, both rendered by the Regional Trial Court,Branch 264, Pasig City in Civil Case No. 67416....
Promulgated on 2005-06-08

684. CA GR SP 87431: FELY GAITA CURAMENG vs. NLRC, et al.
Before Us is a Petition for Certiorari dated 13 November 2004 under Rule 65 of the 1997 Rules on Civil Procedure assailing the Order of the National Labor Relations Commission (Second Division) promulgated on 13 May 2004 and the Resolution dated 31 Aug...
Promulgated on 2005-06-07

685. CA GR SP 72722: SEMICON INTEGRATED ELECTRONICS, INC., et al. vs. NLRC(3rd Division), et al.
Before this Court is a Petition for certiorari under Rule 65 of the 1997 Rules of Civil Procedure, assailing the Decision dated 28 May 2002 and Resolution dated 31 July 2002 of the National Labor Relations Commission (Third Division). The dispositive p...
Promulgated on 2005-06-07

686. CA GR SP 77080: C & A Construction Co., Inc., et al. vs. NLRC, et al.
The employer s liability for the separation pay and other benefits of its employees in the event of closure or cessation of business operations is at issue in this petition for certiorari filed pursuant to Rule 65 of the 1997 Rules of Civil Procedure f...
Promulgated on 2005-06-07

687. CA GR CV 84092: Small Business and Guarantee Corp. vs. Mud Regal Group, Inc., et al.
On 4 February 2005, this Court issued a notice requiring defendants-appellants to file their Brief within forty-five (45) days from receipt thereof. Appellants, through counsel, received the notice to file brief on 15 February 2005....
Promulgated on 2005-06-07

688. CA GR CV 69035: BERNADETTE L. ABAD vs EDWIN H. ABAD
Under date of May 14, 1996, Bernadette L. Abad filed a petition which prays that after hearing, her marriage with Edwin H. Abad solemnized on January 2, 1977 be declared null and void pursuant to Article 36 of the Family Code....
Promulgated on 2005-06-07

689. CA GR SP 88282: PAULIASI M. TAULAVA vs HON. SIMEON DATUMANONG,ET AL
One already recognized as a citizen of the Philippines is entitled to live in peace, without molestation from any official or authority. If he is disturbed by any means that try to attack his citizenship through collateral procedures, he has the unquestio...
Promulgated on 2005-06-07

690. CA GR SP 89506: Benjamin D. Capili vs. Fact Finding and Intelligence Bureau
A circumspect examination of the petition shows the following defects which warrant its outright dismissal: 1) Petitioner failed to indicate when he received copy of the November 24, 2004 Decision of the Ombudsman contrary to Section 6, Rule 43 of the...
Promulgated on 2005-06-07

691. CA GR SP 76930: SPS. MANOLITO & MINDA JALOS vs SPOUSES MARGARITO & LUCITA SINAHON
This is a petition for review filed under Rule 42 of the Rules of Court to reverse and set aside an order of the Regional Trial Court of Malabon dismissing, or what amounts to the same thing, denying for failure to prosecute a petition for relief from the...
Promulgated on 2005-06-07

692. CA GR SP 87498: LOUIE T. LOGARTA vs DEPARTMENT OF JUSTICE REGIONAL TRIAL COURT OF MANDALUYONG CITY,ET AL
The Courts have no jurisdiction in the determination of probable cause during a preliminary investigation, which is judicially recognized as an executive function, within the original and exclusive jurisdiction of the prosecutor, whose decision may only b...
Promulgated on 2005-06-07

693. CA GR CR 26492: PEOPLOE OF THE PHILIPPINES VS. LEAH VILLANUEVA
On appeal is the decision dated 22 April 2002 of the Regional Trial Court of Baguio City, Branch 3, in Criminal Case No. 18773-R. Accused-appellant Leah Villanueva is charged with estafa in an information which reads:...
Promulgated on 2005-06-07

694. CA GR CV 69796: SPOUSES MANUEL and FILOMENA PULIDO vs REPUBLIC OF THE PHILIPPINES
This is an appeal filed by the Republic of the Philippines through the Solicitor General, assailing the Decision dated July 28, 2000 rendered by the Regional Trial Court of Quezon City, Branch 80, in LRC Case No. Q-8107 (96), entitled Re: Petition for Rec...
Promulgated on 2005-06-07

695. CA GR CR 28431: People of the Phils. vs. Dante Y. Casibang, Jr.
Considering the report of the Judicial Records Division that appellant has not complied with the Court's Resolution dated January 27, 2005 requiring him to show cause why the appeal should not be dismissed for failure to file apellant's brief...
Promulgated on 2005-06-07

696. CA GR CV 83938: V. C. Ponce Co., Inc. vs. Sarah Jane Lim and Atty. Eldorado Lim
Plaintiff-appellant received the Notice to File Brief on Feb 2 '05 and, therefore, had only until Mar 21 '05 w/in w/c to file its brief. However, it was only on Mar 22 '05 when it filed its Motion for Extension of Time to File Appellant's Brief or 1 day...
Promulgated on 2005-06-07

697. CA GR CV 84207: BATANGAS LAGUNA TAYABAS, BUS, CO. vs. METROBANK & TRUST
For failure of the appellant to file the appellant?s Brief within the reglementary period which expired on April 15, 2005, the appeal is considered ABANDONED and is accordingly DISMISSED....
Promulgated on 2005-06-07

698. CA GR CV 79172: SOLIDBANK CORPORATION VS. SPS. GERARDO and JANET GUERRERO, ET. AL.
Assailed by plaintiff-appellant Solidbank Corporation is the Decision1 dated June 20, 2003 of the Regional Trial Court of Manila, Branch 40...
Promulgated on 2005-06-07

699. CA GR SP 88818: Comglasco Aguila Glass Corp. vs DTI, et al.
THE petition for prohibition, mandamus and injunction with an application for temporary restraining order and/or writ of preliminary injunction faces outright dismissal due to procedural defects....
Promulgated on 2005-06-07

700. CA GR CV 74575: Eladio S. Juachon, Jr. vs. Alyna Tiburcio-Juachon
Once again this Court is called upon to determine whether the personality disorders of the appellee and the defendant amount to psychological incapacity as understood in the Family Code, hence warrants the dissolution of their marriage....
Promulgated on 2005-06-07

701. CA GR CV 82112: JESUS Alliance Holiness Church, Inc. etc. vs Mla Elec. Co.
FOR failure of plaintiff-appellant to file its appellant's brief within the reglementary period, which expired on February 17, 2005, as per Judicial Records Division report dated March 8, 2005, its appeal is DISMISSED. [Sec.1 (e), Rule 50, 1997 Rules o...
Promulgated on 2005-06-07

702. CA GR SP 89104: Elena P. Noe vs. Civil Service Commission
A careful perusal of the present Petition for Review shows that it is not accompanied by copies of material portions of the record referred to therein and other supporting papers, as required by Sec. 6(c.), Rule 43 of the Rules of Court, specifically the...
Promulgated on 2005-06-07

703. CA GR CV 83444: A. Petallo, et al. vs Sps. E. and E. Camering, et al.
FOR failure of plaintiffs-appellants to file their appellants' brief within the reglementary period, which expired on January 24, 2005, as per Judicial Records Division report dated March 21, 2005, their appeal is hereby DISMISSED. [Sec.1 (e), Rule 50, 1...
Promulgated on 2005-06-07

704. CA GR CR 00012: PEOPLE vs ORLANDO UBIÑA Y AGGALUT,
Before us is the appeal1 filed by the accused Orlando A. Ubiña (the "appellant") from the decision dated August 6, 20032 of Branch 11, Regional Trial Court ("RTC"), Tuao, Cagayan, convicting the appellant of the crime of Rape and imposing on him the pe...
Promulgated on 2005-06-07

705. CA GR SP 88266: R. Rivera vs Hon. Pres. Judge of RTC Br. 45 & MTC Br. 7, et al.
The petition for certiorari under Rule 65 faces outright dismissal....
Promulgated on 2005-06-07

706. CA GR CR 26202: Peter Rodriguez, et al. vs. People, et al.
Before us for review is the decision dated December 11, 2001 of the Regional Trial Court of Pasig City, Branch 266, in Criminal Case No. 121031, for Estafa...
Promulgated on 2005-06-07

707. CA GR SP 69744: Intercontinental Brdcstng Corp. et al. vs NLRC, et al.
UPON own motion1 of petitioners, through counsel, the petition for certiorari is hereby allowed to be WITHDRAWN and considered DISMISSED....
Promulgated on 2005-06-07

708. CA GR SP 63625: Engr. Octavio Claudio vs. NLRC, et al.
Amended Decision. In Our decision dated December 18, 2003, We dismissed the petition and affirmed that of the National Labor Relations Commission (or NLRC)....
Promulgated on 2005-06-07

709. CA GR SP 78760: Fairground Developers Corp. vs Atty. S. Angeles
UPON notice of withdrawal filed by petitioner, through counsel, the petition for review is hereby allowed to be WITHDRAWN and considered DISMISSED....
Promulgated on 2005-06-07

710. CA GR CV 60859: SPOUSES FAROUK PHILIPPE and LUCILA VALIN-JBEILI VS. rEPUBLIC OF THE PHILIPPINES
Adoption statutes, being humane and salutary, and designed to provide homes, care and education for unfortunate children, should be construed so as to encourage the adoption of such children by persons who can properly rear and educate them...
Promulgated on 2005-06-07

711. CA GR SP 81669: HERNANIE BACALOCOS, vs. NATIONAL LABOR RELATIONS COMMISSION
This is a petition for certiorari under Rule 65 of the 1997 Rules of Civil Procedure assailing the Decision dated December 4, 2002 of the National Labor Relations Commission (NLRC) which modified the Labor Arbiter's decision, as well as, the Resolution...
Promulgated on 2005-06-06

712. CA GR CV 75400: DONATO C. RIVERA, JR. vs REPUBLIC OF THE PHILIPPINES
Before us is an appeal from the Decision of the Regional Trial Court, Branch 70, Binangonan, Rizal, the dispositive portion of which reads: "WHEREFORE, in view of the foregoing premises, the Court declares the applicant Donato C. Rivera, Jr. married to...
Promulgated on 2005-06-06

713. CA GR CR 00922: PEOPLE VS. JESSIE MARIANO y ISLA
On Appeal is the Decision dated 2 July 2001 of Branch 9 of the Regional Trial Court (Family Court for Benguet Province) of La Trinidad, Benguet in Criminal Case Nos. 98-CR-3081, 98-CR-3082 and 98-CR-3083 for three (3) counts of Rape...
Promulgated on 2005-06-06

714. CA GR CR 29239: PEOPLE VS. JAY REYES
The instant Appeal is DISMISSED considering that a standing warrant of arrest has been issued against accused on authority of Section 8, Rule 124 of the Revised Rules of Court....
Promulgated on 2005-06-06

715. CA GR CV 72969: HONORATA G. GACAYAN, ET. AL. VS. ALBERTO GANIBAN, JR., ET. AL.
On appeal by defendant Alberto Ganiban, Jr. is the Decision dated September 3, 2001 of the Regional Trial Court of Tarlac City...
Promulgated on 2005-06-06

716. CA GR SP 87403: JULITA V. IGNACIO VS. HON. RENATO C. FRANCISCO, ET AL.
A petition for certiorari and prohibition seeking to annul, for having been allegedly issued without jurisdiction or with grave abuse of discretion amounting to lack or excess of jurisdiction, the twin Orders dated October 4, 2004 and October 22, 2004,...
Promulgated on 2005-06-06

717. CA GR CR 00978: People vs. Rodolfo Soriano
This is an appeal from the April 29, 2002 Decision of the Regional Trial Court, Branch 46, Urdaneta City, in Criminal Case No. U-11465, finding accused Rodolfo Soriano guilty beyond reasonable doubt of having committed the crime of simple Murder agains...
Promulgated on 2005-06-06

718. CA GR CV 67787: VICTORIANO A. HERNANDEZ vs TERESITA O. SANTOS and BPI FAMILY SAVINGS BANK
This is an appeal from the decision of Branch 145, Regional Trial Court, Makati City in Civil Case No. 90-2313. Its dispositive portion reads: WHEREFORE, premises considered judgment is hereby rendered in favor of the plaintiff and against only defendant...
Promulgated on 2005-06-06

719. CA GR SP 64147: MUNICIPALITY OF MARCOS,et al. vs. MUNICIPALITY OF NUEVA ERA,
A boundary dispute between the Municipalities of Marcos and Nueva Era (hereinafter referred to as Marcos or Nueva Era) both of the Province of Ilocos Norte....
Promulgated on 2005-06-06

720. CA GR SP 71012: SPS. REMEGIO AND CORAZON DE JESUS vs. TEOGENES ROSALIN
A petition for review of the Decision1 of the Regional Trial Court of Urdaneta City, Pangasinan, Branch 48, affirming en toto the earlier Decision of the Municipal Trial Court in Cities in the same City,...
Promulgated on 2005-06-06

721. CA GR SP 73977: FILIPINO LOAN ASSISTANCE GROUP, INC., ET AL. VS. HON. REYNALDO B. DAWAY, ET AL.
This is a spin off case from one of those that arose as an offshoot of the passing away of Dr. Juvencio Orta?ez on July 31, 1980....
Promulgated on 2005-06-06

722. CA GR SP 70996: ALLAN PACHECO et al. vs. ALFREDO H. GUANZON, et al.
In this appeal from the Decision1 of the Regional Trial Court of Manila, Branch 21, rendered in the exercise of its appellate jurisdiction over the Metropolitan Trial Court of the same City, Branch 27,...
Promulgated on 2005-06-06

723. CA GR CR 00778: PEOPLE OF THE PHILIPPINES vs. HENRY BIDOC y ROQUE
Incestuous rape is at all times despicable and ultimately reprehensible as its sordidness is beyond the understanding and imagination of any normal human being. As one of the most perverted forms of sexual aberration, it deserves this society's condemn...
Promulgated on 2005-06-06

724. CA GR CR 00775: PEOPLE OF THE PHILIPPINES vs MARIBEL LAGMAN and ZENG WA SHUI
Four (4) separate criminal Informations were filed before the Regional Trial Court in Angeles City, Pampanga, against the appellants Maribel Lagman (or Lagman hereafter) and Zeng Wa Shui (or Zeng), as well as against Li Wien Shien (or Li)....
Promulgated on 2005-06-06

725. CA GR CV 69965: PRIMITIVA C. CINCOLLAGAS et al. vs VIVIAN VISITACION et al
On appeal is the Decision1 dated August 8, 2000 of the Regional Trial Court (RTC), Branch 164 of Pasig City in Civil Case No. 65753 entitled, "Primitiva C. Cincollagas and Bienvenido Cotas as Heirs of Deceased Spouses Amando Cotas and Loreta Samen, pl...
Promulgated on 2005-06-06

726. CA GR SP 86117: SPS. ARMENIO AND PERLA ESCAT vs. ERNESTO MAGNO AND ROSITA MAGNO
Before this Court is a Petition for Review dated 13 September 2004 under Rule 43 of the 1997 Rules of Civil Procedure assailing the Decision dated 06 January 2004 rendered by the Department of Agrarian Reform Adjudication Board ("DARAB", for brevity) i...
Promulgated on 2005-06-06

727. CA GR SP 77832: Ma. Isabel M. Vazquez vs. Hon. Alberto L. Lerma, etc., et al.
Assailed in this Petition for Certiorari is the Order issued by public respondent in Civil Case No. 98-286 (Aurora Tensuan, et al., Plaintiffs, versus Ma. Isabel M. Vasquez, Defendant" of the RTC (Br. 256, Muntinlupa City). The said order denied the Pet...
Promulgated on 2005-06-06

728. CA GR CV 77594: MARCOPPER MINING CORPORATION vs RIZAL COMMERCIAL BANKING CORPORATION
On appeal is the decision of Branch 57, Regional Trial Court of Makati in Civil Case No. 98-1661, the dispositive portion of which states:...
Promulgated on 2005-06-06

729. CA GR SP 63725: ALEX JOSEPH, et al. vs. NLRC (2nd Division), et al.
Before this Court is a Petition for certiorari under Rule 65 of the 1997 Rules of Civil Procedure seeking to review and set aside the Resolutions dated 11 October 2000 and 29 November 2000 issued by the National Labor Relations Commission (Second Divis...
Promulgated on 2005-06-06

730. CA GR SP 71977: BEST SECURITY AGENCY, INC. etal. vs THE HONORABLE NATIONAL LABOR RELATIONS COMMISSION,et al.
Before us is a special civil action for certiorari under Rule 65 of the 1997 Rules on Civil Procedure assailing the twin Resolutions of the National Labor Relations Commission...
Promulgated on 2005-06-06

731. CA GR CV 79392: LUZ MANDO RONAN and MARJORIE RONAN vs. BENILDA MARQUEZ AZUELA, et al.
Before this Court is an ordinary appeal assailing the Decision dated 08 January 2003 and the Order dated 08 May 2003 rendered by Hon. Judge Edwin C. Ma-Alat of the Regional Trial Court, 5th Judicial Region, Branch 14, City of Ligao in Civil Case No. 19...
Promulgated on 2005-06-03

732. CA GR CR 00190: People vs.Kruzaldo Pancho y Concepcion
Accused-appellant Kruzaldo Pancho Y Concepcion (or appellant) appeals from the Decision of the Regional Trial Court of Pasig City, Branch 163, in Criminal Case No. 118466-H finding him guilty beyond reasonable doubt of the crime of murder...
Promulgated on 2005-06-03

733. CA GR SP 89753: LEAD RESOURCES MANAGEMENT vs. NLRC, ET AL
This pertains to the Petition for Certiorari under Rule 65 of the Revised Rules of Court filed by the petitioner through counsel on 17 May 2005. A cursory evaluation of the records of the instant petition shows that it suffers from the following defec...
Promulgated on 2005-06-03

734. CA GR CV 78384: JL Garcia & Sons Ranch, et al. vs R. Muertegui, et al.
BROUGHT to Us on appeal is a Decision in an action for replevin with accounting, damages and preliminary injunction initiated by plaintiffs-appellants JL Garcia and Sons Ranch, LM Ranch and Casabangan Ranch, all represented by Antonio M. Garcia, against d...
Promulgated on 2005-06-03

735. CA GR CV 76587: VIRGINIA SALAZAR VS. HIYAS SAVINGS & LOAN BANK, INC., ET AL.
For resolution is the Motion to Dismiss Appeal filed by plaintiffappellant alleging therein that she wants peace of mind considering that she is already old and sickly. (Rollo, p.77)...
Promulgated on 2005-06-03

736. CA GR SP UDK 5342: JAIME and SALVE DELLOSA vs HON. REGIONAL TRIAL COURT,ET AL
Before this Court is a petition for certiorari under Rule 65(mistakenly denominated as a petition for review on certiorari) with Prayer for Preliminary Injunction assailing the Orders dated April 21, 2005, March 4 and March 29, 2005...
Promulgated on 2005-06-03

737. CA GR SP 88839: Leopoldo M. Lofamia, et al. vs. Litton Mills, Inc., et al.
Before us is a Petition for Certiorari seeking the nullification of the October 13, 2004 Resolution of public respondent National Labor Relations Commission (NLRC) affirming the Decision of the Labor Arbiter in NLRC Case No. 00-01-01407-03 (CA No. 0383...
Promulgated on 2005-06-03

738. CA GR CV 59676: PLANTERS PRODUCTS, INC., vs. P. T. BATHERA ADHIGUNA, et. al.
This is an appeal from the Decision of the Regional Trial Court of Makati City, Branch 145, dated December 9, 1997 the dispositive portion of which reads:...
Promulgated on 2005-06-03

739. CA GR CV 82601: P-7 CONSTRUCTION CORP vs CONNECTICUT CONSTRUCTION & INDUSTRIAL SUPPLIES, INC.
On May 20, 2005, plaintiff-appellant, through its counsel filed a Notice of Withdrawal of Appeal giving notice that it is withdrawing its above-entitled appeal as it has resolved to pursue the criminal complaint against Zaldy Valbuena earlier filed in th...
Promulgated on 2005-06-03

740. CA GR CR 00265: PEOPLE OF THE PHILIPPINES vs RAUL CENAHONON et al
For automatic review before this Court is the Decision1 dated October 20, 2001 of the Regional Trial Court of the City of Paranaque, Branch 259, in Criminal Case No. 99-248, finding the accused-appellants guilty beyond reasonable doubt of the crime of ...
Promulgated on 2005-06-03

741. CA GR CV 68133: SYLVIA G. SILVINO vs CESAR MADLANGSAKAY,ET AL
Before Us on appeal is the Decision dated June 15, 2000 issued in Civil Case No. 17-M-98, a case for Rescission of Contract with Damages, by Branch 84, Regional Trial Court, Third Judicial Region,Malolos, Bulacan. The dispositive portion thereof states, t...
Promulgated on 2005-06-03

742. CA GR SP 82546: BIENVENIDO R. RODRIGUEZ vs NATIONAL HOME MORTGAGE, et al
Before us is an appeal from the Decision of the Regional Trial Court, Branch 37, Manila, which granted the petition for mandamus and directed respondents to issue the corresponding release of mortgage and to release the duplicate copy of TCT No. 244842...
Promulgated on 2005-06-03

743. CA GR CV 80535: Benito R. Pizarro vs. THE MANAGER AND ALL THE OTHER BANK EMPLOYEES UNION BANK OF PHILIPPINES,
Before Us is an appeal from the Decision dated March 21, 2003 of Branch 56 of the Regional Trial Court of Makati in Civil Case No. 96-1918, entitled "Benito R. Pizarro vs. The Manager And All Other Bank Employees Responsible For The Closing Of Plaintif...
Promulgated on 2005-06-03

744. CA GR SP 89787: RUSSIAN LIM-GONZALES vs. ROLANDO GONZALES
In the hearing this afternoon, after the parties were heard on their respective stand regarding the custody of the child, the parties have come to agree on the following:...
Promulgated on 2005-06-03

745. CA GR CV 63826: PILAR GUEVARRA vs VICENTE SANTOS, et al
This is an appeal from the Decision of the Regional Trial Court, Branch 148, Makati City, the dispositive portion of which reads: "WHEREFORE, premises considered, Judgment is hereby rendered in favor of applicant Pilar Guevarra, and as a consequence, Lo...
Promulgated on 2005-06-03

746. CA GR CR 00779: PEOPLE OF THE PHILIPPINES vs ROBERTO DALUMPINES
HC: Before us is an appeal from the Joint Decision of the Regional Trial Court of Palawan and Puerto Princesa City, Branch 49, Puerto Princesa City, in Criminal Cases Nos. 14819 to 14823, the dispositive portion of which reads:...
Promulgated on 2005-06-03

747. CA GR SP 85447: BAN HUA U. FLORES and BAN HA U. CHUA vs. HON. LILIA R. BAUTISTA, HON. FE ELOISA C. GLORIA, et al.
This is a petition for certiorari under Rule 65 of the 1997 Rules of Civil Procedure seeking to annul the Order of the Securities and Exchange Commission (SEC) dated May 18, 2004, granting the Urgent Motion to Resolve filed by herein private respondent...
Promulgated on 2005-06-03

748. CA GR SP 89941: GILBERT CARINGAL Y MEDINA AND ANTONIO C. RAVELO vs DANTE RODULFO
This is a motion for extension of time to file a petition for review of a decision of the RTC of Valenzuela City in an appealed case from the Metropolitan Trial Court of Valenzuela City. Petitioners allege that they received a copy of the decision dated...
Promulgated on 2005-06-03

749. CA GR CV 73689: FEDERICO R. MORENO vs. REPUBLIC OF THE PHILS.,
This is an appeal from the Decision dated October 30, 2001 of the Municipal Trial Court of Daet, Camarines Norte, granting the instant petition for land registration of title over a residential lot described on Plan Ap-05-004253 (Annex "A", Records, p....
Promulgated on 2005-06-03

750. CA GR CR 28788: PEOPLE OF THE PHILIPPINES vs PONCIANO F. DUMO
Per report of the Judicial Records Division, no brief has been filed by appellant within the time provided by the Rules....
Promulgated on 2005-06-03

751. CA GR CV 82909: SOFIA VIOLETA T. GUNABE-ROA vs GEORGINA BALLIETT, ET AL.,
For resolution is the Manifestation with Motion For Time to file brief filed by the new counsel for plaintiff-appellant Sofia Violeta T. Gunabe-Roa, to which a Comment was filed by the counsel for defendants-appellees and third-party plaintiffs-appellan...
Promulgated on 2005-06-03

752. CA GR SP 80599: PANTRANCO EMPLOYEES ASSOCIATION, INC., et al. vs PANTRANCO NORTH EXPRESS, INC., et al.
In what may arguably be one of the biggest consolidation of money claims in local labor history, the former employees of Pantranco North Express Inc. (PNEI) were able to obtain a total award of P657,024,682.02 against their company....
Promulgated on 2005-06-03

753. CA GR CV 82702: SPS. ARTEMIO TUMAMAO And JOSEFINA GAMBALAN vs NICOLAS SERMONIA, ET AL.,
In defendants-appellants? Motion For Reconsideration of our Resolution dated February 16, 2005 which considered the appeal as abandoned and, consequently, dismissed the case, they claimed that their brief was filed on January 12, 2005 ? which is the l...
Promulgated on 2005-06-03

754. CA GR SP 88651: PANAY ELECTRIC COMPANY, INC., vs BAGONG ALYANSANG MAKABAYAN PANAY
With the petitioner's compliance with this Court's April 25, 2005 Order by submitting an original copy of the Secretary's Certificate attesting to the authority of counsel to withdraw petition, and finding the Notice of Withdrawal and the reasons theref...
Promulgated on 2005-06-02

755. CA GR SP 89860: HOT PEANUT AND CHICHARON BITUKA AND ROGER KING, vs. N L R , et al.
The instant petition for certiorari is ordered dismissed, because:...
Promulgated on 2005-06-02

756. CA GR SP 86058: Interworld Placement Center, Inc., et al. vs. NLRC, et al.
At bar is a Petition for Certiorari under Rule 65 of the Rules of Court with prayer for preliminary injunction filed by petitioner Interworld Placement Center, Inc., which seeks to annul and set aside the: (1) March 12, 2004 Decision of the National La...
Promulgated on 2005-06-02

757. CA GR CR 28931: People of the Phils. vs. Esteban Nonog
Considering the report of the Judicial Records Division that despite due notice, no appellant's brief has been filed w/in the 30-day reglementary period w/c lasted until Feb 17, 2005, the appeal is considered abandoned and dismissed...
Promulgated on 2005-06-02

758. CA GR CV 81345: Rodolfo D. Pablo (or) Mercedes Vda. De Pablo vs. Reynaldo S. Velasco, et al.
Considering plaintiff-appellant's "Notice of Withdrawal of Appeal" dated May 17, 2005 stating that "she is withdrawing her appeal x x x as she is already satisfied with the Decision of the Trial Court", the present appeal is considered closed...
Promulgated on 2005-06-02

759. CA GR SP 85900: LYDIA LAO vs. PHILIP KING, alias Felimon Ong
In his motion for partial reconsideration, respondent-appellant assails the decision dated March 31, 2004 denying his appeal; and submits the following grounds for its reversal:...
Promulgated on 2005-06-02

760. CA GR SP 82204: LOURDES M. JADIE vs. EMPLOYEES COMPENSATION COMMISSION, et. al.
For our resolution are the motion for reconsideration filed by respondent Government Service Insurance System (GSIS) and the motion for partial reconsideration filed by the petitioner, of the decision dated November 12, 2004, granting the claim of the ...
Promulgated on 2005-06-02

761. CA GR SP 69535: CHAS Realty & Development Corp. vs. N.L.R.C. & Aida Marzan
The public respondent did not commit grave abuse of discretion in sustaining the decision of the Labor Arbiter....
Promulgated on 2005-06-02

762. CA GR CV 73286: LAILA TANYAG-SAN JOSE vs. MANOLITO SAN JOSE
We have appreciated oppositor-appellant's arguments in seeking a reconsideration of Our February 15, 2005 Decision - declaring void ab initio the marriage between Laila Tanyag-San Jose and Manolito San Jose, but sadly, We find no compelling or justifia...
Promulgated on 2005-06-02

763. CA GR SP 82383: BUENAVENTURA DEL CAMPO et al vs. CRESENCIO DE LA PENA,
The case before Us is about an alleged tenant beneficiary who claimed ownership of the entire parcel of land and sought to eject the former lot owners from the residential portion of the land as the latter were allegedly merely allowed therein to stay...
Promulgated on 2005-06-02

764. CA GR SP 89559: CARMEN ALVAREZ, et al., vs SPOUSES ANGEL and NARCISA SARANGAYA,
For our consideration is the Petition for Review (the "petition") seeking the reversal of the Regional Trial Court's Decision dated November 26, 2004 affirming the dismissal by Municipal Trial Court of the petitioners' complaint....
Promulgated on 2005-06-02

765. CA GR CV 79634: FIDEL LEGASPI, ET AL. VS. LUZVIMINDA VDA. DE RAYMUNDO
For resolution are the Motion to Dismiss Appeal filed by defendant-appellee Luzviminda Vda. De Raymundo dated 18 March 2004 and the Opposition thereto of plaintiffs-appellants Fidel Legaspi, et al. dated 05 May 2004....
Promulgated on 2005-06-02

766. CA GR SP 88108: TT Corp. PTE., Ltd., et al. vs NLRC, et al.
THIS is a petition for certiorari to annul the Decision of the National Labor Relations Commission reversing that of Labor Arbiter Francisco Robles, which dismissed the complaint for illegal dismissal filed by private respondent Renato De Vela Velasco ag...
Promulgated on 2005-06-02

767. CA GR SP 81482: MANOLO P. SAMSON vs. HON. JESUS A. SANTIAGO, et al.
Before this Court is a Motion for Reconsideration dated 17 March 2005 of the Decision promulgated on 23 February 2005 filed by private respondent Caterpillar, Inc. The petitioner filed a Motion to Admit with attached Comment dated 05 May 2005....
Promulgated on 2005-06-01

768. CA GR SP 43914: DAVID L. BUSA vs. CIVIL SERVICE COMMISSION AND ENERGY REGULATORY BOARD
Before this Court is a Petition for Review dated 20 May 1997 assailing Resolution No. 971677 dated 11 March 1997 issued by the Civil Service Commission ("CSC", for brevity) which affirmed, with modification, the Energy Regulatory Board ("ERB", for brev...
Promulgated on 2005-06-01

769. CA GR CV 65797: RICARDO BUSTAMANTE vs. MANILA ELECTRIC COMPANY
Before this Court is an ordinary appeal assailing the Decision dated 14 October 1999 rendered by Hon. Florentino A. Tuason, Jr. of the Regional Trial Court, National Capital Judicial Region, Branch 139, City of Makati, in Civil Case No. 97-1416. The di...
Promulgated on 2005-06-01

770. CA GR CV 55480: EDGARDO LAANO, et al. vs. PRUDENCIA DADIA, et al.
Before this Court is an ordinary appeal of the Decision dated 31 May 1995, rendered by the Regional Trial Court, Fourth Judicial Region, Lucena City, Branch 55, in the case entitled, "Edgardo Laano, et al. vs. Prudencia Dadia, et al., docketed as Civil...
Promulgated on 2005-06-01

771. CA GR CR 28949: People vs. Alfredo dela Cruz @ Edu
The right to appeal is not a natural right or a part of due process, it is purely statutory privilege, and may be exercised only in the manner and in accordance with the provisions of law. Thus, in an appeal may be dismissed by the Court of Appeals if...
Promulgated on 2005-06-01

772. CA GR CV 83028: WILSON BIOYONG GO CHUA vs DENNIS TAN
This is an appeal from the Decision dated June 20, 2004 issued in Civil Case No. N-666 by Branch 121, Regional Trial Court, Caloocan City which dismissed for lack of merit the Petition for Relief from Judgment with Prayer for Writ of Preliminary Injunct...
Promulgated on 2005-06-01

773. CA GR SP UDK 5330: DANTE DE GUZMAN, SR, VS. HON. RTC- MALOLOS BULACAN, ET AL
UDK Before this Court is a Petition for Certiorari under Rule 65 of the 1997 Revised Rules of Civil Procedure questioning the Decision dated 8 February 2005 of the Regional Trial of Malolos City, Branch 9, the dispositive portion of which reads:...
Promulgated on 2005-06-01

774. CA GR SP 85034: JAY ROSS LUCKY SEVEN TOURS BUS CO., INC., et al. vs. BENEDICTO B. BECINA
Before this Court is a Petition for certiorari with prayer for issuance of temporary restraining order and writ of preliminary injunction, dated 06 July 2004 assailing the Resolutions dated 27 February 2004 and 30 April 2004 of the National Labor Relat...
Promulgated on 2005-06-01




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