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Promulgated Decisions and Resolutions
for July, 2005

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

1. CA GR SP 63374: G & M (PHIL.), INC., vs RECHILDA SABALLERO-PUSO, et al.
Before Us is a Petition for Certiorari1 under Rule 65 of the 1997 Rules of Civil Procedure assailing the Resolutions dated 26 October 2000 and 04 January 2001 issued by the NLRC (Second Division) in NLRC NCR CA NO. 022328-00, NLRC RAB-V-02-00039-99 d...
Promulgated on 2005-07-6

2. CA GR CV 79862: EUGENIO PEÑAFIEL vs METROPOLITAN BANK AND TRUST COMPANY, INC, et al
MAY an extrajudicial foreclosure of real estate mortgage under Act No. 3135 be invalidated for non-payment of filing fees and for publication of the...
Promulgated on 2005-07-29

3. CA GR SP 79726: heirs of Virginia Retizos vs. Benardo Tolentino, Dionisio Tolentino, Remedios Tolentino Nem Singh
Before Us is a petition for review assailing the August 26, 2002 Decision rendered by the Department of Agrarian Reform Adjudication Board (DARAB) in DARAB Case No. 8443. Likewise assailed is the September 9, 2003 Resolution of the DARAB which denied p...
Promulgated on 2005-07-29

4. CA GR SP 82072: Sps. Bonifacio & Silveria dela Cruz vs. Judge Clodualdo Monta, Sps. Roger Pinto & Margarita Magaling
Assailed in this petition for certiorari under Rule 65 of the Rules of Civil Procedure as amended, is the November 24, 2003 Order of the Regional Trial Court (RTC) of Iba, Zambales, Branch 70, in Civil Case No. RTC-1203-I. The petition is filed on the...
Promulgated on 2005-07-29

5. CA GR SP 84235: Irene Dasco, et al. vs. Hon. Winston Racoma, Grace Tan Lukban
Assailed in this petition for certiorari is the October 27, 2003 Order of the Regional Trial Court (RTC) of Labo, Camarines Norte, Branch 64, dismissing Civil Case No. 97-0072. Also questioned is the March 26, 2004 Order of the RTC denying the motion f...
Promulgated on 2005-07-29

6. CA GR SP 90472: MANUEL MARAMARA, et al vs. HON. RAUL E. DE LEON,et al
Considering that the ordinary remedy of a petition for relief under Rule 38 is still available to set aside the decision rendered by the Regional Trial Court,...
Promulgated on 2005-07-29

7. CA GR SP 84454: Remman Enterprises Inc., Manuel Serrano vs. NLRC, Richard Fameronag, Cirilo Hernanadez, et al.
Before Us is a petition for certiorari under Rule 65 of the Revised Rules of Civil Procedure which seeks to annul and set aside the February 20, 2004 Decision of the National Labor Relations Commission (NLRC), Second Division, as well as its Resolution...
Promulgated on 2005-07-29

8. CA GR CV 83004: Allan Tan vs. Irma Musni
Before Us is an appeal seeking the reversal and setting aside of the January 27, 2004 Decision of the Regional Trial Court, Branch 58 of Angeles City in the Civil Case No. 9488 entitled, Allan Tan, plaintiff, versus Irma Musni, defendant, the dispositi...
Promulgated on 2005-07-29

9. CA GR SP 86927: ROBERTO ALTAREZ, et al. vs. HEIRS OF THE LATE SPOUSES ANASTACIO KASAYSAYAN, et al.
Before Us is a petition for review under Rule 42 of the Revised Rules of Court of the Decision of Branch 24, Regional Trial Court of Binan, Laguna, dated September 22, 2004 (Annex "K", Petition,...
Promulgated on 2005-07-29

10. CA GR SP 82868: BENIGNO M. TUAZON vs HON. REMIGIO M. ESCALADA, et al
It is a ministerial duty of the trial court to order the issuance of a writ of possession in favor of the highest bidderpurchaser in an extrajudicial foreclosure sale of real property when there has been no redemption effected, unless a third party is...
Promulgated on 2005-07-29

11. CA GR CV 59305: TEODORO M. DOMALANTA JR, et al vs ATTY. TEODORO O. DOMALANTA, SR., et al
Once stamped with judicial imprimatur, a compromise agreement is entered as a determination of the controversy and has the force, effect and authority of res judicata that is immediately final and executory,...
Promulgated on 2005-07-29

12. CA GR CV 81306: Hui Sau Man Chan, et al. vs. Luz Abella, etc.
Amended Decision. We believe that appellees have raised a good point in their motion for reconsideration....
Promulgated on 2005-07-29

13. CA GR CV 72094: Virgilio G. Cagatao vs. Guillermo Almonte, et al.
Appeal from the Decision of the Regional Trial Court (Branch 24, Echague, Isabela) in Civil Case No. 24-0458 entitled "Virgilio G. Cagatao, Plaintiff, versus Guillermo Almonte, Arthur Aguilar, Sps. Avelina M. Fernandez and Ernesto S. Fernandez, Marvin Jo...
Promulgated on 2005-07-29

14. CA GR CV 83151: LUISITO A. FIGUEROA, et al vs BANK OF THE PHILIPPINE ISLANDS
An action for "Damages" was filed by plaintiff-appellants Luisito A. Figueroa, Reynaldo A. Figueroa, Carmelita F. Yarbrough, Alberto A. Figueroa, Renato Figueroa and Lilia F. Alma Jose (hereinafter referred to as the Figueroas) against defendant-appell...
Promulgated on 2005-07-29

15. CA GR CV 59487: APG INTERNATIONAL, ET. AL. VS. UNITED PARCEL SERVICE, ET. AL.
Before the Regional Trial Court of Parañaque City (Branch 258) was an action for damages filed by APG International, Inc. (or "APG") and its president and general manager, Abraham Gorospe (or "Abraham") and Enriqueta Gorospe (or "Enriqueta")...
Promulgated on 2005-07-29

16. CA GR SP 88327: ARMANDO DE PERIO vs HON. ELIODORO UBIADAS, et al
This is a petition for certiorari with prayer for the issuance of a writ of preliminary injunction and/or temporary restraining order under Section 1, Rule 65 of the Rules of Court, which seeks to annul, vacate or set aside the orders dated 27 August 2...
Promulgated on 2005-07-29

17. CA GR SP 73782: COASTAL MARINE & SHIPBUILDING CORPORATION VS. NATIONAL LABOR RELATIONS COMMISSION
In this petition for certiorari, petitioners assail the decision of the NLRC finding petitioner Coastal?s welders and fitters to be regular, instead of project, employees....
Promulgated on 2005-07-29

18. CA GR CV 57495: Burmah Castrol Phils. Inc. vs. Melody D. Tan, et al.
On appeal is the Order, dated June 11, 1996, issued by Judge Perfecto A.S. Laguio, Jr., of the Regional Trial Court of Manila, Branch 18, rendered in Civil Case No. 95-72878 for "Injunction and Damages with Prayer for the Issuance of a Writ of Prelimin...
Promulgated on 2005-07-29

19. CA GR CV 80802: SPOUSES THEODORE ABAYA, JR. and ESMERALDA ABAYA vs SPOUSES ACAL, et al
TO effect a valid redemption of an extrajudicially-foreclosed property under Act No. 3135, the redemptioner must tender in good faith...
Promulgated on 2005-07-29

20. CA GR CV 82206: MARIA PARAISO vs ADELINA M. REYES, ET. AL.
BEFORE Us is an appeal from the Decision of the Regional Trial Court (RTC) in an action for annulment of deed of sale, title, reconveyance and damages instituted by plaintiff-appellee Maria Paraiso against defendants-appellants Adelina Reyes and spous...
Promulgated on 2005-07-29

21. CA GR SP 85729: JADE COMPUTER MANUFACTURING CORP., vs. NATIONAL LABOR RELATIONS COMMISSION, et. al.
This is a petition for certiorari under Rule 65 of the 1997 Rules of Civil Procedure assailing the Decision dated August 29, 2003 issued by the National Labor Relations Commission (NLRC) First Division, as well as, the Order dated May 31, 2004 denying ...
Promulgated on 2005-07-29

22. CA GR CV 21396: Marcelino F. Cuan vs. Romeo C. Diuco, et al.
Before us is an ordinary appeal under Rule 41 of the Rules of Court assailing the Decision of the Regional Trial Court of Quezon City, Branch 97, in Civil Case No. Q-31631...
Promulgated on 2005-07-29

23. CA GR SP 88726: ANGELINA M. QUIAPE vs EDUARDO BILLEDO
THE petition for review faces outright dismissal for patent lack of merit or failure to show a prima facie error of the lower court....
Promulgated on 2005-07-29

24. CA GR CV 62216: Sps. Mariano and Adelina De Belen vs. Antonio D. Sardia, Reynaldo E. Guillen, et al.
This is an appeal from the Decision [Rollo, pp. 35-46] dated November 12, 1998, of the Regional Trial Court [Branch 85, Quezon City] docketed as Civil Case No. Q-91-9187, the dispositive portion of which reads: "WHEREFORE, judgment is hereby rendered...
Promulgated on 2005-07-29

25. CA GR CV 57748: EUFRONIO I. ALVIA, ET AL., vs. BONIFACIO CASING, ET AL.,
Assailed in this appeal is the Decision of the Regional Trial Court, Branch 66, Makati City, dated June 11, 1997 which granted plaintiffs-appellees' complaint for quieting of title and annulment of conditional sale with damages....
Promulgated on 2005-07-29

26. CA GR CV 56499: EMILIANA R. SALVADOR, vs. SPS. FELICIANA FERNANDEZ, et. al.
This is an appeal from the decision of the Regional Trial Court, Third Judicial Region, Branch 75, Olongapo City, in Civil Case No. 3447-0 for Recovery of Possession of Real Property. The trial court resolved the case in favor of appellee Emiliana R. S...
Promulgated on 2005-07-29

27. CA GR CR 28105: PEOPLE OF THE PHILIPPINES, vs. MELVIN TAN UY
Before Us is an appeal interposed by the accused Melvin Tan Uy in an attempt to reverse and set aside the Judgment dated November 7, 2003 of the Regional Trial Court, Branch 61, of Gumaca, Quezon in Criminal Case No. 6330-G, which found the accused gu...
Promulgated on 2005-07-29

28. CA GR CR 28008: PEOPLE OF THE PHILIPPINES, vs. VIRGILIO CAMPO y GAMBOA
This is an appeal from the Decision dated December 19, 2003, of Branch 127 of the Regional Trial Court of Caloocan City in Criminal Case No. C-66153, finding accused-appellant guilty of violation of Section 11, Article II of R.A. 9165, also known as th...
Promulgated on 2005-07-29

29. CA GR SP 85598: NATIONAL SERVICE CORPORATION VS. NATIONAL LABOR RELATIONS COMMISSION
Petitioner National Service Corporation (NASECO), a domestic corporation engaged in the business of providing manpower services, hired...
Promulgated on 2005-07-29

30. CA GR CV 67735: Sps. Dominador and Remedios Dongael vs. Wan Ko Lao, et al.
Both parties appeal from the Decision of Branch 8, Regional Trial Court (RTC) of La Trinidad, Benguet dated May 25, 2000 in Civil Case No. 95-CV-1060...
Promulgated on 2005-07-29

31. CA GR CV 75464: Kennedy Macatuno vs. Leonardo Guevarra, et al.
In this appeal, defendants-appellants raise the hue and cry that the lower court erred in ordering them to recognize the possessory rights of plaintiff-appellee over the property....
Promulgated on 2005-07-29

32. CA GR CV 90574: RODEL DAACO, et al., VS. THE HONORABLE PAIRING JUDGE OF RTC MALABON CITY, ET. AL.
Before this Court is a Petition for Prohibition with prayer for a temporary restraining order and/or preliminary injunction...
Promulgated on 2005-07-29

33. CA GR CV 79079: PNB, et al. vs. Sps. Eduardo and Emma Magno
Subject of this appeal is the decision of the Regional Trial Court (RTC) of Dagupan City, Branch 41 granting petitioners-appellees' petition for the issuance of a writ of possession....
Promulgated on 2005-07-29

34. CA GR SP 85151: CESAR GAPIT vs HON. ARTURO G. TAYAG, et al
This is a Petition for Certiorari pursuant to Rule 65 of the Revised Rules of Court which seeks to reverse and set aside the Order dated February 6, 2004 rendered by Hon. Arturo G. Tayag, Presiding Judge of the Regional Trial Court of Bulacan, Branch 7...
Promulgated on 2005-07-29

35. CA GR CV 53921: ELIZABETH VERCIDE vs ALEXANDER CATOLOS
This is an appeal from the decision rendered by the Regional Trial Court of Quezon City (Branch 95) in Civil Case No. Q-94-21327 entitled "Elizabeth Vercide, plaintiff versus Alexander Catolos, defendant" for specific performance with damages. The decr...
Promulgated on 2005-07-29

36. CA GR CR 00687: People of the Philippines vs. Mauro Barraca Y Remoa
Henious Crime. Subject of this appeal is the Decision dated May 5, 2003 in Criminal Case No. 286-V-98 of Branch 171, Regional Trial Court (RTC), Valenzuela City convicting accused-appellant Mauro Barraca y Reoma of the crime of murder and sentencing him...
Promulgated on 2005-07-29

37. CA GR SP 78769: ROBERT K. HUMIWAT VS. HON. FE ALBANO MADRID, ET AL.
Assailed in this Petition for Certiorari are the Orders dated 10 April 2003 and 21 May 2003, both issued in Special Civil Action No. 35-01971 by the Regional Trial Court (RTC) of Santiago City, Second Judicial Region, Branch 35....
Promulgated on 2005-07-29

38. CA GR CV 54610: People of the Philippines vs. Engracia Palo & Narciso Palo
Before the Court is an appeal by accused-appellant Narciso Palo from the Decision dated June 28, 1996 in Criminal Case No. 94-08-572 of Branch 59, Regional Trial Court, Angeles City, insofar as it adjudged Narciso Palo civilly liable to private-complainan...
Promulgated on 2005-07-29

39. CA GR CR 00159: PEOPLE VS. ARNOLD MATILAC
This resolves accused-appellant's Manifestation with Motion to Withdraw Appeal dated 26 March 2003 filed by Public Attorney's Office (PAO)...
Promulgated on 2005-07-29

40. CA GR SP 84458: E. Ganzon, Inc. vs. N.L.R.C., Leodegario Encarguez, et al.
Before the Court is a petition for certiorari under Rule 65, 1997 Rules of Civil Procedure assailing public respondent's (i) Resolution dated February 12, 2004 in NLRC NCR CA No. 038503-04 which dismissed petitioner's appeal for failure to perfect appea...
Promulgated on 2005-07-29

41. CA GR CR 28845: PEOPLE VS. ROGELIO BELGA, ET AL.
This refers to accused-appellants' Motion to Withdraw Appeal dated 15 April 2005 filed by Public Attorney's Office (PAO)....
Promulgated on 2005-07-29

42. CA GR SP 90522: ABELARDO 'ABEL' C. VICEO, ET AL. VS. SPOUSES ANGELES VIZCONDE and FRANCISCA MARCIAL, ET AL.
Upon examination of the present "Petition for Review on Certiorari (sic, should be for certiorari only) with Temporary Restraining Order; Preliminary Injunction; Compensatory Damages", under Rule 65 of the 1997 Rules of Civil Procedure...
Promulgated on 2005-07-29

43. CA GR CR 28875: PEOPLE VS. RICHARD TEMPORAL y LORENZANA
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 2005-07-29

44. CA GR CV 65302: PROFIRIO CABALSA, ET. AL. VS. REPUBLIC OF THE PHILIPPINES
Challenged in this appeal is the March 18, 1999 Decision of the Regional Trial Court, Branch 55, Lucena City, in LRC Case No. MC 98-49, granting the application of petitioners-appellees for the reconstitution of Original Transfer of Certificate of Tit...
Promulgated on 2005-07-29

45. CA GR SP 84704: OBED G. PALICPIC vs HONORABLE VIRGILIO C. ALPAJORA, et al
Before Us is a Petition for Certiorari under Rule 65 of the Rules of Court, filed by petitioner OBED G. PALICPIC, (Palicpic, for brevity), which seeks to set aside and annul the Order dated 26 February 2004 and affirmatory order issued on 04 May 2004 b...
Promulgated on 2005-07-29

46. CA GR CV 70552: TASHI MARKETING VS. WILLEN A. KHO, ET AL.
Called to fore in this appeal is the propriety of the Decision based on the Pleadings dated 15 March 2001 of the Regional Trial Court (RTC), Branch 88, Quezon City in Civil Case No. 98-34037...
Promulgated on 2005-07-29

47. CA GR CV 77191: DOMINGO LALOSIN, JR. VS. R.P.
Domingo Lalosin, Jr. is the alleged vendee of a parcel of land situated in the barrio of Sto. Domingo, San Manuel, Pangasinan described under TCT No. 44705....
Promulgated on 2005-07-29

48. CA GR CV 84481: NAPOLEON DE LEON VS. TERESITA SUIZA, 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 ground...
Promulgated on 2005-07-29

49. CA GR SP 84163: BLUE CROSS HEALTH CARE, INC. VS. NOEMI and DANILO OLIVARES
This Petition assails the Decision dated 2 February 2004 of the Regional Trial Court of Makati City, Branch 61, which reversed on appeal the 5 August 2003 Decision of the Metropolitan Trial Court of Makati City, Branch 66...
Promulgated on 2005-07-29

50. CA GR CV 68617: National Power Corp. vs. Sps. Manuel & Lily Chua
Assailed in the present appeal is the Order dated June 5, 2000 in Civil Case No. 1223-95 of Branch 22, Regional Trial Court, Imus, Cavite, involving a complaint for "Eminent Domain" wherein the trial court fixed the just compensation at P8,500.00 per squa...
Promulgated on 2005-07-29

51. CA GR CV 62759: RELIANCE SURETY & INSURANCE CORP. VS. VIGOUR PACIFIC LINES PTE LMT., ET. AL.
At bar is an appeal from the February 7, 1994 Decision of the Regional Trial Court, Branch 137, Makati City, in Civil Case No. 91- 3097...
Promulgated on 2005-07-29

52. CA GR CV 57793: Mauro Urbi, et al. vs. Patricia Development Corp., et al..
Before the Court is an appeal from the Decision dated August 6, 1997 in Civil Case No. 17443 of Branch Lingayen, Pangasinan which ordered defendants-appellants to reconvey to plaintiffs-appellees a 150-square meter portion of the property covered by a...
Promulgated on 2005-07-29

53. CA GR SP 82447: ASHMOR TESORO, et. al. vs. NLRC, ET. AL.
Before the National Labor Relations Commission (or "NLRC") Arbitration Branch in Baguio City was a complaint for constructive dismissal, unfair labor practice, illegal suspension, payment of wages, 13th month pay, holiday pay and service incentive lea...
Promulgated on 2005-07-29

54. CA GR CR 00152: PEOPLE VS. JAIME A. LORENZO
For the alleged sexual molestation of an 11-year old girl, Jaime A. Lorenzo (or "appellant"), a septuagenarian, was indicted before the Regional Trial Court of Masbate City (Branch 44) for the crime of statutory rape,...
Promulgated on 2005-07-29

55. CA GR CV 83075: Ma. Theresa Pimentel vs Estrella Villanoz
This is an appeal from the Decision dated May 24, 2004 of the Regional Trial Court of Paraňaque City, Branch 260 in Civil Case No. 02-0097 for Sum of Money with Writ of Preliminary Attachment and Damages, the dispositive portion of which reads as f...
Promulgated on 2005-07-29

56. CA GR CR 00192: PEOPLE VS. CARLOS VERGARA y PERLAS
This is an appeal from the October 30, 2003 Decision of the Regional Trial Court, Branch 106, Quezon City, in Criminal Case Nos. Q-00-90443-45, finding accused Carlos Vergara guilty beyond reasonable doubt of having committed three (3) counts of R...
Promulgated on 2005-07-29

57. CA GR CV 80854: K-Nine Inc. vs Bobby Bayan, et al.
This is an appeal from the Decision dated March 22, 2002 of the Regional Trial Court of Tagaytay City, Branch 18 in Civil Case No. TG-1696, the dispositive portion of which reads as follows:...
Promulgated on 2005-07-29

58. CA GR SP 83392: Emily Tanquintic vs Office of the Pres. of the Phils., et al.
Petitioner Emily M. Tanquintic (hereinafter referred to as petitioner), seeks a review of Administrative Order No. 57 dated 30 January 2003 and the Order dated 24 March 2004 issued by the Office of the President(hereinafter referred to as public responde...
Promulgated on 2005-07-29

59. CA GR CV 54602: Spouses LEON and PILAR CASIMIRO, ET. AL. VS. A & A AGRO DEVELOPMENT CORP. ET. AL.
Before the Regional Trial Court of Makati City (Branch 62) was an action for confirmation/declaration of existence of easement of right of way and damages, with an application for temporary restraining order (or "TRO") and preliminary injunction...
Promulgated on 2005-07-29

60. CA GR CV 66657: Jacinto Asiong, Jr., et al. vs Johnny Uy, et al.
On appeal is the decision rendered by the Regional Trial Court (RTC) of La Trinidad, Benguet, Branch 8, in a case for recovery of possession, docketed as Civil Case No. 91-CV-0633, the dispositive portion of which reads:...
Promulgated on 2005-07-29

61. CA GR CV 58324: Narciso Bravo vs Masbate Colleges, et al.
Plaintiff-appellant assails the decision dated June 10, 1997 of the Regional Trial Court, Branch 45, Masbate, Masbate in Civil Case No. 4241, the dispositive portion of which reads as follows:...
Promulgated on 2005-07-29

62. CA GR CV 77263: LOURDES T. MORENO VS. REPUBLIC OF THE PHILIPPINES
Before the Municipal Trial Court of Tagaytay City (Branch 1) was an application for registration of three parcels of land, known as Lot Nos. 1514-B, 1514-C and 1514-E (or "subject lots", when collectively)...
Promulgated on 2005-07-29

63. CA GR CV 79949: Reynaldo Nombrado, et al. vs. Andres Maminta, et al.
Appeal from the Decision of the Regional Trial Court, First Judicial Region, Branch 55, Alaminos City, Pangasinan, in Civil Case No. A-1863, for Recovery of Ownership and Possession with Damages....
Promulgated on 2005-07-29

64. CA GR CV 80353: Willie Sih Chua, Jr. vs. Republic of the Philippines
The People's Tribune has appealed from the Decision of the Regional Trial Court of Tarlac City in Case No.0200-T....
Promulgated on 2005-07-29

65. CA GR CV 66972: DIAMOND RENT-A-CAR, INC. VS. PHILIPPINE AIRLINES, INC.
Plaintiff appeals the decision dated March 7, 2000 of the RTC of Makati City, Branch 139 dismissing its complaint for sum of money against PAL, defendant-appellee herein....
Promulgated on 2005-07-29

66. CA GR CV 45687: REPUBLIC OF THE PHILIPPINES VS. FIL-AM RESOURCES, INC., ET. AL.
This is an appeal filed by third-party-defendant-appellant Edgar Krohn, Jr., questioning the Decision dated February 19, 1990 rendered by the Regional Trial Court of Manila, Branch 30 which ruled in favor of the Republic of the Philippines....
Promulgated on 2005-07-29

67. CA GR SP 84802: COCA-COLA BOTTLERS PHIL., INC. VS. NLRC, ET. AL.
Challenged in this Petition for Certiorari are the decision and resolution of the NLRC 2nd division dated October 30, 2003 and March 19, 2004, respectively, in NLRC Case No. RAB III-01-03724- 02 (CA No. 034984-03)...
Promulgated on 2005-07-29

68. CA GR CR 26362: PEOPLE OF THE PHILIPPINES vs POTRISAM ALMADA y YUSOPH
This is an appeal from the Decision of the Regional Trial Court, Branch 33, Manila finding accused-appellant Potrisam Almada y Yusoph guilty of illegal sale and illegal possession of shabu....
Promulgated on 2005-07-29

69. CA GR CR 01127: THE PEOPLE OF THE PHILIPPINES vs SPO1 ARNULFO A. AURE, et al
THIS is an appeal from a Decision of the Regional Trial Court (RTC) in Caloocan City convicting accused-appellants SPO1 Arnulfo A. Aure (Aure) and SPO1 Marlon H. Ferol (Ferol) of the crime of rape and sentencing them to suffer the penalty of reclus...
Promulgated on 2005-07-29

70. CA GR SP 88791: RAMIL ARCE vs. JAYSON AVILA, ET AL.
Before this Court is an appeal from the decision dated December 15, 2004 of the Regional Trial Court, First Judicial Region, Branch 20, Vigan City in Civil Case No. 5684-V...
Promulgated on 2005-07-29

71. CA GR CR 00822: THE PEOPLE OF THE PHILIPPINES vs RYAN S. DIADID
BASIC is the rule that in criminal cases, the prosecution avers the guilt of the accused who is presumed to be innocent until the contrary is proved. The prosecution, therefore, must prove such guilt by establishing the existence of all the element...
Promulgated on 2005-07-29

72. CA GR CR 27739: People of the Philippines vs. Rommel Rosales
This is an appeal from a decision in two consolidated criminal cases finding the accused Rommel Rosales guilty of estafa under Article 315 (2) (a) of the Revised Penal Code....
Promulgated on 2005-07-29

73. CA GR CV 75660: WILSON S. DUYAN (WILSON ENGINEERING CONSTRUCTION vs CONSTANT BUILDERS AND
Appellant Constant Builders and Development Corporation (CBDC) is engaged in the business of land development and construction. It was previously contracted by Mountain Ridge Resort and Development Corporation (MRRDC) for the construction of townhouse...
Promulgated on 2005-07-29

74. CA GR SP 86982: TEODORO C. BORLONGAN vs RTC of MAKATI CITY, BRANCH 147 and PEOPLE
This is a petition for certiorari, prohibition and mandamus assailing the May 24, 2004 Order of the Regional Trial Court, Br. 147, Makati City, denying petitioner's motion for preliminary investigation and the August 7, 2004, denying the motion for rec...
Promulgated on 2005-07-29

75. CA GR SP 86303: Continental Watchman and Security Agency, Inc. vs. Hon. Abednego O. Adre, et al.
Before us is a special civil action for certiorari with prayer for Temporary Restraining Order and / Preliminary injunction filed by the petitioner Continental Watchman and Security Agency, Inc. (Continental) seeking to set aside the order of the public...
Promulgated on 2005-07-29

76. CA GR SP 84960: Travel Saver Phils., Inc. vs. NLRC, et al.
As a general rule, findings of fact of quasi-judicial bodies are accorded with great respect, and owing to their expertise in their respective fields, we refrain from looking into their findings and conclusions. Moreso in labor cases when there is similar...
Promulgated on 2005-07-29

77. CA GR SP 79625: Eduardo Lutosquin vs. Eugenia dela Rama
Before us is a petition for review filed by the petitioner from the decision of the Regional Trial Court (RTC), Branch 104 of Quezon City dated September 8, 2003 which denied his appeal on the decision rendered by the Metropolitan Trial Court (MTC),...
Promulgated on 2005-07-29

78. CA GR SP 78736: Gertrudes L. Baculi, et al. vs. NLRC, et al.
Mercy, compassion and sympathy are virtues which are cherished in every civilized society. But before they can be invoked, there must first be justice. The Court's primary duty is to dispense justice. The Court protects the rights of the poor and lowly...
Promulgated on 2005-07-29

79. CA GR CV 55199: Rosario C. Manalang vs. Zenaida Tan, etc., et al
On appeal is the August 28, 1996 Decision of the Regional Trial Court (Branch 48), San Fernando, Pampanga, in Civil Case No. 9964 entitled "Rosario C. Manalang, Plaintiff, versus, Zenaida Tan and Celia Tiglao, Defendants". The case is one for Interplea...
Promulgated on 2005-07-29

80. CA GR CV 83564: ERNESTO PALAGANAS,MANUEL MIGUEL S. PALAGANAS, et al
IN this appeal from the Order of the Regional Trial Court (RTC) by oppositors-appellants Manuel Miguel S. Palaganas and Benjamin Gregorio S. Palaganas, We are tasked to resolve the...
Promulgated on 2005-07-29

81. CA GR CR 57761: JESUS SANTIAGO, et al vs HEIRS OF JOAQUIN ASUNCION, et al
This is an action for Reopening/Review of a Decree of Registration and Annulment of Original Certificate of Title (OCT) No. P-15922 filed by plaintiffs-appellants Jesus Asuncion [now deceased and substituted by his surviving spouse, Paz I. Santiago, an...
Promulgated on 2005-07-29

82. CA GR SP 77045: Virgilio Dabuet vs. Board of Marine Engineer Officers, et al.
Our country not only boasts of our natural resources, we also take pride in our human resources - labor. To date, we are one of the leading provider of laborers abroad, owing perhaps to our people's hardworking nature....
Promulgated on 2005-07-29

83. CA GR CV 81281: DR. RUBEN UY, et al vs PEDRO RIVERO, et al
FOCUS of this appeal is the Decision of the Regional Trial Court (RTC) in an action for recovery of possession with damages instituted by plaintiffs-appellees Ruben Uy and Lourdes Yutadco- Uy against defendants-appellants Pedro Rivero and Maxima Aquin...
Promulgated on 2005-07-29

84. CA GR SP 78215: Samahang Manggagawa ng Makati Sports Club-NAFLU, et al. vs. Makati Sports Club, Inc.
This is a Petition for Review under Rule 43 of the 1997 Rules of Civil Procedure seeking to annul the Resolution issued by Voluntary Arbitrator Bernardino M. Volante dated March 25, 2003....
Promulgated on 2005-07-29

85. CA GR CR 01053: PEOPLE vs DEXTER TORRES y DELA CRUZ
This is an appeal from the joint decision of the Regional Trial Court, Branch 08 of Aparri, Cagayan in Criminal Cases Nos. 08-1334 and 08-1344 for violations of Republic Act No. 6425, otherwise known as ?The Dangerous Drugs Act of 1972?, as amended by...
Promulgated on 2005-07-29

86. CA GR CR 25865: People of the Philippines vs. Nestor Castro
Appeal from the July 26, 2001 Decision of the Regional Trial Court of Baguio City, Branch 61, in Criminal Case No. 17428-R, convicting the accusedappellant Nestor Castro and his co-accused Cristino A. Ancheta of the crime of robbery with intimidation, a...
Promulgated on 2005-07-28

87. CA GR CV 77218: MARTO ROBERTO VS. REPUBLIC OF THE PHILIPPINES
Before the Regional Trial Court of Bulacan (Malolos, Branch 8) was a petition for reconstitution of the original, and issuance of a new owner's duplicate...
Promulgated on 2005-07-28

88. CA GR CV 70023: PHILIPPINE PORTS AUTHORITY vs. FELIPA ACOSTA, et. al.
Plaintiff-appellant Philippine Ports Authority interposed this appeal from the Order dated September 7, 2000 issued by the Regional Trial Court of Batangas City, Branch 84...
Promulgated on 2005-07-28

89. CA GR CV 76452: ELESITA CAPILI LLOBRERA, ET. AL VS. REPUBLIC OF THE PHILIPPINES
Before the Regional Trial Court of Quezon City (Branch 102) was a petition for reconstitution of Transfer Certificate of Title (or "TCT") No. 61207...
Promulgated on 2005-07-28

90. CA GR SP 88825: OUR LADY OF LOURDES HOSPITAL VS. NATIONAL CONCILIATION AND MEDIATION BOARD, ET. AL.
Subject of this petition is the Decision dated February 24, 2005 rendered by Voluntary Arbitrator Rosa Maria T. Juan- Bautista which disposed of the case docketed as VA Case No. AC- 029-003-2003...
Promulgated on 2005-07-28

91. CA GR SP 83964: PEOPLE OF THE PHILIPPINES, et. al. vs. HONORABLE BONIFACIO SANZ MACEDA, et. al.
Assailed in this petition for certiorari under Rule 65 of the 1997 Rules of Civil Procedure are the following: (1) the order dated December 10, 2003 of the respondent judge denying the private prosecutor's urgent motion to cancel hearing; ordering that...
Promulgated on 2005-07-28

92. CA GR CV 74567: GUILLERMO CLAVO, ET. AL. VS. PASIG RIVER REHABILITATION COMMISSION
On appeal is the Amended Decision dated June 15, 2001 of the Regional Trial Court, Branch 137, Makati City which dismissed the action for declaratory relief and mandamus filed by plaintiffs-appellants in order to prevent defendant-appellee Pasig Rive...
Promulgated on 2005-07-28

93. CA GR CV 69431: Egepciaca Viray, et al. vs Donato Viray, et al.
Appealed before this Court is the Order dated September 1, 2000 of the Regional Trial Court of Palawan and Puerto Princesa City, Branch 47, dismissing the petition of petitioners-appellants for Reimbursement of Support, Refund of Share in the Proceeds of...
Promulgated on 2005-07-28

94. CA GR CV 73612: DOMINGO DALEON VS. VIRGINIA TRESMONTE, ET. AL.
Before Us is an ordinary appeal interposed by defendants-appellants Virginia Tresmonte and Margarita Durante assailing the Decision dated December 18, 2001 of the Regional Trial Court, Branch 57, Lucena City...
Promulgated on 2005-07-28

95. CA GR CV 75382: TARCISIO C. CRUZ, ET.AL. VS. VICTORIANO RAMOS, ET. AL.
Defendant Victoriano Ramos alone has resorted to this appeal from the Decision holding him jointly and solidarily liable with co-defendant Abel Franilla whose negligent driving of the former's truck...
Promulgated on 2005-07-28

96. CA GR CV 74880: MICHAEL JEFFERSON VS. VICTORIO L. UMANDAP
By way of an ordinary appeal, defendant-appellant Victorio L. Umandap challenges the Decision dated February 28, 2000 of the Regional Trial Court, City of Makati, Branch 150 in Civil Case No. 99-1796...
Promulgated on 2005-07-28

97. CA GR SP UDK 5359: MARIA ESTRELLA-LIMARES, et. al. vs. JANNET VILLENA, et. al.
A careful perusal of the petition reveals that it suffers from the following formal defects, to wit:...
Promulgated on 2005-07-28

98. CA GR CV 71543: FAR EAST BANK & TRUST CO. vs TENTMAKERS GROUP, INC., et al
Time and again, the Supreme Court has stressed that banking business is so impressed with public interest where the trust and confidence of the public in general is of paramount importance such that the appropriate standard of diligence must be very h...
Promulgated on 2005-07-28

99. CA GR CV 75707: SPOUSES PACARIEM vs FLORENCIA CALALO, et al
Res judicata means that the decree on the merits by a court of competent jurisdiction is conclusive of the rights of the parties or their privies in all later suits on all points and matters determined in the former suit and it serves as an absolute b...
Promulgated on 2005-07-28

100. CA GR SP 90307: Overseas Placement Association of the Philippines, Inc. et vs. Hon. Caridad H. Grecia-Cuerdo, et al.
At hand is a petition for certiorari with prayer for the issuance of a temporary restraining order and/or writ preliminary injunction....
Promulgated on 2005-07-28

101. CA GR SP 89448: LEONILA P. ALMUETA, vs GRACIANO MAGHINANG,
For failure of the petitioner to file her Petition for Review as per JRD verification dated July 20, 2005, the case is hereby considered CLOSED and TERMINATED and accordingly DISMISSED....
Promulgated on 2005-07-28

102. CA GR CR 00149: PEOPLE VS. CATALINO MINGMING Y DISCALSO,
On appeal before this Court is the March 22, 2004 decision1 of the Regional Trial Court (RTC) of Caloocan City, Branch 128, in Criminal Case Nos. C-54195, C-54196, and C-54197, finding Catalino Mingming guilty beyond reasonable doubt of three (3) count...
Promulgated on 2005-07-28

103. CA GR SP 87440: RANILO ARCEO, et al vs DAR ADJUDICATION BOARD, et al
Pursuant to Section 2, Rule 2 of the 2003 DARAB Rules of Procedure, the Department of Agrarian Relations Adjudication Board can exercise appellate jurisdiction only when a decision of the Provincial Adjudicator is a decision "on the merits;"...
Promulgated on 2005-07-28

104. CA GR SP 89643: FIL-AM HUMANITARIAN FOUNDATION, INC. VS. SECURITIES AND EXCHANGE COMMISSION, ET. AL.
A careful perusal of the instant Petition for Review shows that the certification was signed by Benjamin Sison but his authority to sign on behalf of petitioner is not attached thereto and the verification lacks the assurance that the allegations in...
Promulgated on 2005-07-28

105. CA GR CR 28523: PEOPLE VS. ARSENIO VERGARA VALDEZ
Before this Court is an appeal from the Decision dated March 31, 2004 of the Regional Trial Court, First Judicial Region, Branch 31, Agoo, La Union in Criminal Case No. A-4058...
Promulgated on 2005-07-28

106. CA GR CR 00334: PEOPLE VS. MANUEL REYNOSO
Before this Court is an appeal from the Judgment dated February 28, 2002 of the Regional Trial Court, Fourth Judicial Region, Branch 30, San Pablo City in Criminal Cases No. 12504-SP and 12505-SP...
Promulgated on 2005-07-28

107. CA GR SP 90160: ONOFRE BAUTISTA, et. al. vs. RECAR MANAGEMENT & DEVELOPMENT CORP.
It appears that the petitioners have failed to attach to their petition copies of the pleadings and other material portions of the record as would support the allegations' of the petition....
Promulgated on 2005-07-28

108. CA GR SP 90492: SPOUSES GERARDO and LUZVIMINDA ATENCIO, ET. AL. VS. SPS. GEORGE and NORA ATENCIO
In the instant "PETITION" dated 11 July 2005, petitioners seek to (1) nullify the "entire proceedings and the Decision dated January 26, 2005(,) of the Regional Trial Court of Paniqui, Tarlac, Branch 67(,) in Civil Case No. 862-P-03 xxx";...
Promulgated on 2005-07-28

109. CA GR SP 85693: ELY MORO, ET AL., vs. AUGUSTO DOMINGO, ET AL.,
On August 13, 2004, this Court issued a Notice requiring the parties to file their respective memoranda in lieu of briefs, within a non-extendible period of thirty (30) days from notice, with warning that a failure of the appellants to comply may be ...
Promulgated on 2005-07-28

110. CA GR SP 86104: CATCHER TECHNOLOGY PHIL., INC. VS. CATCHER TECHNOLOGY PHIL EMPLOYEES UNION, ET. AL.
Assailed by Catcher Technology Philippines, Inc. ["Catcher"] in this petition for certiorari filed under Rule 65 are the May 4, 2004 decision and June 30, 2004 resolution...
Promulgated on 2005-07-28

111. CA GR CV 73265: EPITACIO SABANDAL VS. JOSELITO ZULUETA
This is an appeal from the Decision finding plaintiffappellant Epitacio Sabandal to have maliciously instituted an action for damages against defendant-appellee Joselito Zulueta...
Promulgated on 2005-07-28

112. CA GR SP 84615: Cristeta Pablo Palabrica vs. Atty. Simplicio Sosa, Jr., etc.
In this petition for review, petitioner Atty. Simplicio Sosa, Jr. impugns the May 13, 2004 Decision of the Regional Trial Court of Aparri, Cagayan, Branch 108 in Civil Case No. II-2918, dismissing his appeal and upholding in toto the November 11, 2003 Ame...
Promulgated on 2005-07-28

113. CA GR CR 23099: People of the Philippines vs. Marieta Loterte
On a definitive finding that she got valuables from the private complainant under an obligation to sell them and remit the proceeds to her or return the unsold items and that she failed to do either upon demand, Marieta Loterte, formerly a resident of...
Promulgated on 2005-07-28

114. CA GR CV 76438: Sps. Jerome K. & Luisila Sia Solco vs. United Coconut Planters Bank, et al.
Before the Court is an appeal from the Decision dated July 18, 2002 of Branch 105, Regional Trial Court, Quezon City in Civil Case No. Q-00-39783, which dismissed plaintiffs-appellants' complaint for "Cancellation of Foreclosure Sale and Proceedings with...
Promulgated on 2005-07-28

115. CA GR CV 61775: TERESITA DAMAGUEN BINLAYAN VS. VICENTE BINLAYAN, ET. AL.
Before Us is an appeal from the September 18, 1998 Decision of the Regional Trial Court (RTC), Branch 23, Roxas, Isabela, in Civil Case No. Br. 23-454...
Promulgated on 2005-07-28

116. CA GR CV 62563: TIMOTHY DAVIS, ET. AL. VS. BENIGNO SALVADOR, ET. AL.
At bar is an appeal from 1] the July 29, 1998 Order of the Regional Trial Court, Branch 28, Manila, in Civil Case No. 98-87254...
Promulgated on 2005-07-28

117. CA GR SP 87289: Philippine Basketball Association vs. Hon. Manuel B. Gaite, etc., et al.
In the extra ordinary writ of certiorari, neither questions of fact nor even of law are entertained, but only questions of lack of jurisdiction or grave abuse of discretion (Odin Security Agency vs. Sandiganbayan, 365 SCRA 351)....
Promulgated on 2005-07-28

118. CA GR CV 67810: BERNABE RODANO, ET. AL. VS. LUCIANO SARNE,JR., ET. AL.
This resolves the appeal from the Decision dated April 24, 2000 by the Regional Trial Court, Branch 123, Caloocan City which found appellants' class suit, docketed as Civil Case No.C- 17069 for injunction, without merit....
Promulgated on 2005-07-28

119. CA GR CV 72351: PMI COLLEGES, INC., ET. AL. VS. ADORACION C. MANGLICMOT, ET. AL.
On appeal is the Decision dismissing the complaint initiated by Rizal Cloma for annulment of sale of real property and cancellation of title, arising from the conveyance made by spouses Tomas and Victoria Luz Cloma to defendants-appellees spouses...
Promulgated on 2005-07-28

120. CA GR CV 74984: Lumen Policarpio & Guillermo R. Gomez vs. Emiliano Lizares, Jr.,
Assailed in the present appeal is the Decision dated February 28, 2002 in Civil Case No. 64156 of Branch 153, Regional Trial Court, Pasig City ordering defendants-appellants spouses Julio and Cristina Lopez to pay plaintiff-appellee Lumen Policarpio her ...
Promulgated on 2005-07-28

121. CA GR CV 69311: GOMERCINDO VELARDE VS. REGISTER OF DEEDS OF MAKATI
On appeal before this Court is the Decision dated May 30, 2000, rendered by the Regional Trial Court, Branch 141, Makati City, in an action for annulment of title and damages docketed as Civil Case No. 95-357...
Promulgated on 2005-07-28

122. CA GR CV 68578: DOLORES TANDOC, ET. AL. VS. THE STRATEGIC INVESTMENT DEVELOPMENT CORPORATION, ET. AL
Defendants-appellants Strategic Investment Development Corporation (SIDCOR), Livelihood Corporation (LIVECOR), Eduardo R. Lucero, Hilarion F. Dimagiba and Illuminada Sassatelli assail the Decision1 dated February 24, 2000 of the Regional Trial Court,...
Promulgated on 2005-07-28

123. CA GR SP 86616: GERRY LUMANOG VS. THE SECRETARY OF JUSTICE, ET AL.
Finding the Urgent Manifestation and Motion to Withdraw Petition filed by the petitioner on July 15, 2005, for the reason therein stated to be well taken, as prayed for, the same is GRANTED and the instant petition is considered WITHDRAWN and, according...
Promulgated on 2005-07-28

124. CA GR SP 90471: MA. FELICIANA EUSEBIO VS. NLRC, ET. AL.
This is a petition for certiorari seeking the annulment of the July 2, 2004 NLRC Resolution in NLRC CA No. 0332007-02 and the subsequent resolution denying the motion for reconsideration thereof....
Promulgated on 2005-07-28

125. CA GR SP 86964: Jose Jonathan R. Atienza s. N.L.R.C., Anglo Watsons Glass, Inc., et al.
The sole office of a writ of certiorari is the correction of errors of jurisdiction and does not include a review of public respondent’s evaluation of the evidence and factual findings (Oro vs. Diaz, 361 SCRA 108)....
Promulgated on 2005-07-28

126. CA GR SP 90244: People vs. The Hon. Judge EUGENIO A. DACUMOS, et al
On July 8, 2005, petitioner, through the Office of the Solicitor General, filed a Manifestation and Motion to Withdraw Motion for Extension of Time to File Petition, wherein it averred, among others, that:...
Promulgated on 2005-07-28

127. CA GR CR 00702: People of the Philippines vs. Rodel Escabal Y Latraca, et al.
For review under A.M. No. 00-5-03-SC dated October 15, 2004 is the July 3, 2002 Decision of the Regional Trial Court of Malabon City, Branch 170 in Criminal Case No. 20004-MN....
Promulgated on 2005-07-28

128. CA GR SP 88995: BF CITILAND CORPORATION VS. HON. ROLANDO HOW, ET AL
For resolution is the petition for review filed by petitioner corporation seeking the setting aside of the decision rendered by Branch 257, Regional Trial Court, Parañaque City in Civil Case No. 04-0350....
Promulgated on 2005-07-28

129. CA GR CV 74288: ANITA DE LEON SANTOS VS. DANTE BALBAS, ET.AL.
Plaintiff-appellant Anita De Leon Santos appeals the Decision dated September 27, 2001 of the Regional Trial Court, Branch 60, Makati City...
Promulgated on 2005-07-28

130. CA GR CV 72502: RONALDO RAMOS VS. TEODORA IBASITAS, et al
The Republic of the Philippines, through the Office of the Solicitor General, appeals the Decision dated July 23, 2001 of the Regional Trial Court, Branch 43, Dagupan City in Civil Case No. 2000-0192-D, which declared the marriage between Ronaldo Ram...
Promulgated on 2005-07-28

131. CA GR SP 87474: Felicito Ibañez. et al. vs. N.L.R.C. & Hanjin Heavy Industries & Construction Co., et al.
Assailed in this petition for certiorari, as tainted with grave abuse of discretion amounting to lack or excess of jurisdiction, are: (1) The Decision dated May 7, 2004 of the National Labor Relations Commission (or NLRC), in NLRC NCR CA No. 036368-01, w...
Promulgated on 2005-07-28

132. CA GR SP 84770: NASECO GUARDS ASSOCIATION (NAGA-PEMA), ET AL., VS. NATIONAL LABOR RELATIONS, ET AL
Before Us is a petition for certiorari with injunction filed by petitioners- NASECO GUARDS ASSOCIATION - PEMA (NAGAPEMA) and NASECO-EMPLOYEES UNION - PEMA (NEMU-PEMA). Said petition seeks the annulment and setting aside of the Order dated December 11,...
Promulgated on 2005-07-28

133. CA GR SP 84149: Allied Banking Corp. vs.Arbitration Committee - Philippine Clearing House Corp., et al.
Petitioner Allied Banking Corp. (Allied) comes to us through the instant petition for review, assailing the Decision dated January 3, 2003 and the Order dated April 15, 2004 of the Regional Trial Court of Makati, Branch 146 in Civil Case No. 00-1441....
Promulgated on 2005-07-28

134. CA GR SP 84259: Sunrise Security Investigation & General Services vs. N.L.R.C. & Sosonte Labio, Jr.
Before Us is a Petition for Certiorari under Rule 65 of the 1997 Rule of Civil Procedure which sought the annulment and setting aside of the public respondent National Labor Relations Commission?s (NLRC?s) Resolutions dated November 24, 2003 and March 10...
Promulgated on 2005-07-28

135. CA GR SP 85348: Republic of the Philippines vs. Hon. Damaso S. Tengco, etc., et al.
That issue is what confronts this court in this Petition for Annulment of Judgment under Rule 47 of the 1997 Rules of Civil Procedure filed by petitioner Republic of the Philippines against public and private respondents herein....
Promulgated on 2005-07-28

136. CA GR SP 79913: SIMPLICIO H. VILLARTA, JR. ET AL., VS. BERNARD NAVARRO, ET AL.,
On September 17, 2003, petitioners filed a petition for certiorari seeking to reverse and set aside the Decision of the Bureau of Labor Relations (BLR) dated May 21, 2003, which denied petitioners' Appeal and Motion for Reconsideration from the Order...
Promulgated on 2005-07-28

137. CA GR SP 86689: Eleanor Gonzales @ "Elena Arre" vs. Roger Acu?
This is a Petition for Review under Rule 42 of the 1997 Rules of Civil Procedure seeking the annulment of the May 19, 2004 Decision of the Regional Trial Court of Manila, Branch 40 which affirmed the Decision of the Metropolitan Trial Court of Manila, Br...
Promulgated on 2005-07-28

138. CA GR SP 80973: Vivian Ranario, for & in behalf of her minor child Ruby Ranario vs. Career Philippine Shipmanagement
Acting on the petitioner's Motion for Reconsideration of this Court's April 29, 2005 Decision denying due course to the petition, we find no cogent or justifiable reason to grant the same....
Promulgated on 2005-07-28

139. CA GR CV 78480: Tower Feeds Corp. vs. Sps. Noe & Josephine Pador
On appeal is the Order of the Regional Trial Court of Lipa City (hereafter RTC for brevity), in a suit for Sum of Money with Preliminary Attachment and Damages filed by the appellee Tower Feeds Corporation (or Tower Feeds) against the appellants spouses...
Promulgated on 2005-07-28

140. CA GR CV 73869: DOMICIANO C. ZUNIGA, JR., VS. MARIA SONIA D. ZUNIGA,, ET AL
On appeal before this Court is the September 20, 2001 decision1 of the Regional Trial Court of Quezon City, Branch 106, in Civil Case No. Q- 00-40672, dismissing the petition filed by the petitioner Domiciano C. Zuniga, Jr. for the Declaration of Nulli...
Promulgated on 2005-07-28

141. CA GR SP 58616: Marcial Diongco vs. The Provincial Agrarian Reform Adjudicator of Laguna, et al.
In this petition for certiorari, Marcial Diongco (or Diongco hereafter) seeks to nullify and set aside the Order dated January 13, 2000 of the respondent Provincial Agrarian Reform Adjudicator (or PARAD) of...
Promulgated on 2005-07-28

142. CA GR SP 52790: ROMEO DE VERA VS. EMPLOYEES COMPENSATION COMMISSION, ET AL
This is a petition for review of the decision of the Employees' Compensation Commission, dated 24 March 1999 affirming the decision of the Social Security System which denied appellant's request for conversion of his permanent partial disability (PP...
Promulgated on 2005-07-28

143. CA GR CV 74167: PERLITA G. BALTAZAR, et al VS. ERLINDA ESPIRITU
The case arose from the disputed right of way which is the subject of the appealed Decision dated September 5, 2001 rendered by the Regional Trial Court, Branch 33, Guimba, Nueva Ecija...
Promulgated on 2005-07-28

144. CA GR SP 69196: PALAWAN ELECTRIC COOPERATIVE VS. NLRC, ET. AL.
Before this Court is a petition for certiorari with prayer for the issuance of writ of preliminary injunction under Rule 65 of the Rules of Court which seeks to annul and set aside the Resolution dated August 29, 2001 issued by the National Labor Rela...
Promulgated on 2005-07-28

145. CA GR SP 88789: Abraham Ignacio vs Hon. Evelyn Cabochan, et al.
This is a Petition for Certiorari, Prohibition and Mandamus with Prayer for Temporary Restraining Order and/or Writ of Preliminary Injunction under Rule 65 of the 1997 Rules of Civil Procedure, as amended, seeking to annul and set aside the Writ of Posses...
Promulgated on 2005-07-28

146. CA GR SP 82202: HILARIO P. SORIANO vs HON. MANUEL R. ORTIGUERRA, et al
By petition for certiorari, the accused seeks the nullification of 2 orders issued in Criminal Cases Nos. 1178- M-01, 1179-M-01, 1180-M-01 and 1181-M-01 of the Regional Trial Court in Malolos, Bulacan, all being prosecutions of the accused for estafa,...
Promulgated on 2005-07-28

147. CA GR CR 00916: THE PEOPLE OF THE PHILIPPINES vs MARCELINO PALERACIO y UBAS
Marcelino Paleracio y Ubas was found guilty of rape by the Regional Trial Court in Manila, Branch 26, in its decision dated July 8, 2003 promulgated in Criminal Case No. 98- 166844, the dispositive portion of which reads:...
Promulgated on 2005-07-28

148. CA GR CV 56098: ELSA OCAMPO CAOILE VS. HUBERT CAOILE a.k.a. HUBERT LIM
Before this Court is an appeal filed by Hubert Caoile, a.k.a. Hubert Lim, herein defendant-appellant from the decision dated 22 January 1996 of the Regional Trial Court, Branch 122, Caloocan City in Civil Case No. C-15487, the dispositive portion of wh...
Promulgated on 2005-07-28

149. CA GR SP 79098: PACITA CONSTRUCTION SUPPLY/ LAURA SERADILLA vs LUIS CATIGHOD
For failure of the petitioners to establish that the National Labor Relations Commission committed grave abuse of discretion, amounting to lack or excess of jurisdiction, in affirming the decision of the Labor...
Promulgated on 2005-07-28

150. CA GR CV 70649: VICENTE DULAY CHING AKA VICENTE DULAY VS. THE LOCAL CIVIL REGISTRAR OF ARINGAY AND TUBAO, LA UNION,,
On appeal before us is the decision of the Regional Trial Court of Agoo, La Union, Branch 31 dated September 13, 2000, denying the petitioner-appellant's petition for the declaration of status from legitimate to illegitimate and change of name of Vicen...
Promulgated on 2005-07-28

151. CA GR SP 83918: APOLLO A. RECOLETO, ET AL. vs MINA'S TRANSIT CORPORATION, et al
An action instituted to contest the legality of one's dismissal from employment constitutes, in essence, an action predicated "upon an injury to the rights of the plaintiff" as contemplated under Article 1146 of the New Civil Code, which action prescri...
Promulgated on 2005-07-28

152. CA GR CV 60974: ARSENIO R. REYES, SR. vs. ARSENIO P. REYES, JR.
This is an appeal from the Order dated January 16, 1998 (Records, pp. 153-154) of the Regional Trial Court of Manila, Branch 28, in Civil Case No. 97-81388 for "Recovery of Stolen TCT Nos. (1) 28607, (2) 28608 (Metrica), (3) TCT No. RT-55871-Alcman, Q....
Promulgated on 2005-07-28

153. CA GR CV 47740: Provident Insurance Corp. vs. Vigour Pacific Lines Pte. Ltd., Anchor Int'l. Shipping Agency, et al.
This is an appeal from the Decision, dated June 30, 1994, rendered by the Regional Trial Court, Branch 60, Makati, Metro Manila in Civil Case No. 91-1676, the dispositive portion of which reads: "41. WHEREFORE, the Court hereby renders judgment as fol...
Promulgated on 2005-07-28

154. CA GR SP 86444: MAGNACOR CONSTRUCTION & DEVELOPMENT CORPORATION vs ARTHUR RAMOS etc
This is a Petition for Review under Rule 42 of the 1997 Rules of Civil Procedure, as amended which seeks the reversal of the Decision dated July 28, 2004 rendered by the Regional Trial Court (hereafter RTC) Branch 152, Pasig City, in Civil Case No. 69299...
Promulgated on 2005-07-28

155. CA GR CV 83377: Manuelito A. & Catalina C. Bagasina vs. Benjamin A. Farin, Sr.
This is an appeal from the Decision of the Regional Trial Court stationed at Olongapo City in a case of Specific Performance filed by the appellees spouses Manuelito and Catalina Bagasina (or the Bagasinas) against the appellant Benjamin Farin, Sr. (or Fa...
Promulgated on 2005-07-28

156. CA GR SP 88862: Jae Uk Lee vs Victorino Atienza
This is a special civil action for certiorari under Rule 65 of the 1997 Rules of Civil Procedure, as amended, which seeks to set aside the Resolutions (should be decision and resolution) dated November 26, 2004 and January 31, 2005 of the National Labor...
Promulgated on 2005-07-28

157. CA GR CV 09930: FRANCISCA JABAT, et al vs BELEN T. MENDOZA, et al
On appeal is the joint decision dated December 21, 1978, rendered by the erstwhile Court of First Instance (CFI) of Oriental Mindoro in 2 consolidated cases, one docketed as Land Registration Case No. N-44, GLRO (LRC) Record No. N-49530, entitled Appl...
Promulgated on 2005-07-28

158. CA GR CV 83598: Liborio Canlas vs Sps. Gregory Gulick, et al.
In the higher interest of justice, plaintiff-appellant's Final Motion for Extension of Time to File Appellant's Brief is hereby GRANTED and the appellant's brief subsequently filed by mail on May 27, 2005 and received by the Court on June 30, 2005 is N...
Promulgated on 2005-07-28

159. CA GR CV 80195: NAPOLEON S. CO VS. GLORIA T. DEL PRADO-CO
The instant case concerns a void marriage between the plaintiffappellant and the defendant-appellee and a harmonious relationship which turned sour. The innocent victims are the two children who were born out of the said union. Upon us now falls the no...
Promulgated on 2005-07-28

160. CA GR CV 79695: Ernesto P. & Lydia N. Gatchalian vs. Melchor & Milagros A. Quimeniano
Challenged in this appeal is the Decision of the Regional Trial Court stationed in Olongapo City in a case for Ownership, Recovery of Possession, with Application for the Issuance of a Writ of Preliminary Mandatory and/or Permanent Injunction filed by the...
Promulgated on 2005-07-28

161. CA GR CR 28234: People of the Philippines vs. Bernabe Gorospe
The appellant Bernabe Gorospe (or Gorospe for brevity) with Jimmy Calulut (or Calulut) were charged with Estafa on complaint initiated by SPO1 Gil M. Suyat (or Suyat)....
Promulgated on 2005-07-28

162. CA GR CV 60754: SPOUSES LINO FRANCISCO AND GUIA FRANCISCO VS.DEAC CONSTRUCTION, INC. and GEOMAR A. DADULA,
Challenged in this ordinary appeal is the decision dated February 2, 1998 of the Regional Trial Court of Manila, Branch 28, in Civil Case No. 95-75430, which ordered the partial rescission of the Construction Contract between the plaintiffs-appellees a...
Promulgated on 2005-07-28

163. CA GR CV 83344: SPS. ANTONIO IGNACIO ELFA & CASIANO vs THE MUNICIPAL CIVIL REGISTRAR etc et al
For Our consideration is oppositor-appellant Republic of the Philippines' Motion to Withdraw Appeal stating that after a review of the records of the case, it was shown that the decision is in accordance with law and evidence and that the entries sough...
Promulgated on 2005-07-28

164. CA GR SP 79406: JAIME ?JIMMY? FONTANILLA, VS. HON. MELITON G. EMUSLAN, ET AL.,
Subject of the instant petition is the order dated August 12, 20031 issued by the Presiding Judge of the Regional Trial Court of Urdaneta City, Branch 47 in Civil Case No. U-7659, dismissing the herein petitioner?s Motion to Recall TRO and/or Writ of I...
Promulgated on 2005-07-28

165. CA GR CR 28167: People of the Philippines vs. Franklin Boaging, et al.
The appellants Franklin Boaging (or hereafter Boaging) and Houdini Domasi Gallardo (or Gallardo), together with Ben Ventura aka Efren Ventura (or Ventura) and two (2) John Does, were charged with the Violation of Section 14 of R.A. No. 6539 as amended by...
Promulgated on 2005-07-28

166. CA GR SP 87186: Smart Communications vs. Paulita F. Papa, Augusto M.a Aquino, Cristina Papa-Aquino
This is a Petition for Review under Rule 43 of the revised Rules of Civil Procedure seeking the review of: (a) The Decision of the Office of the President [Rollo, pp.79-82], dated March 25, 2003, affirming the Decision [Rollo, pp.52-56] of the Special...
Promulgated on 2005-07-28

167. CA GR SP 82750: RAFAEL BORROMEO, ET AL., VS. HONORABLE OFFICE OF THE OMBUDSMAN, ET AL.,
This petition assails the decision of the Office of the Ombudsman dated June 27, 2002 in OMB-C-A-02-0041-B, finding petitioners Rafael Borromeo and Eljohn Codina administratively liable for simple misconduct, and thereby meted the penalty of one (1) mo...
Promulgated on 2005-07-28

168. CA GR CV 81633: Iglesia ni Cristo, et al. vs Republic of the Philippines
The appellee Iglesia ni Cristo (or INC for brevity) filed an application for registration of title before the Municipal Circuit Trial Court of San Marcelino-Castillejos, Province of Zambales over a 600 square meters lot situated at Bo. Laoag, San Marcel...
Promulgated on 2005-07-28

169. CA GR CV 59547: RAMON S. CAGUIOA vs. THE INSULAR LIFE ASSURANCE COMPANY
The undisputed facts of the case are as follows: Defendant-appellant is a Philippine corporation while plaintiff-appellee Ramon S. Caguioa was a member of the defendant-appellant's legal department from November 1, 1985 until April 1, 1992. At that tim...
Promulgated on 2005-07-28

170. CA GR CV 43818: ROMULO CANTOS, ET. AL. VS. REBECCA C. DINGLASAN
Before this Court on appeal is the Decision dated September 22, 1993 rendered by the Regional Trial Court (RTC), Branch 7, Batangas City, in Civil Case No. 3237 for recovery of possession...
Promulgated on 2005-07-28

171. CA GR CV 61005: EVELYN R. VICTORIANO VS. IMUS RURAL BANK, INC.,
Before this Court is an Appeal1 from the Decision2 dated September 16, 1997 of the Regional Trial Court of Paranaque, Branch 274, finding in favor of Plaintiff-appellee Evelyn R. Victoriano and against defendant-appellant Imus Rural Bank in a case for a...
Promulgated on 2005-07-28

172. CA GR SP 80631: Mitsumi Philippines, Inc. vs. Lorna Monforte, et al.
Through this petition, the petitioner Mitsumi Philippines, Inc. (or Mitsumi hereafter) seeks to nullify and set aside the Decision dated March 31, 2003 of the respondent Federico Agliam, Voluntary Arbitrator (or Voluntary Arbitrator) of the National Conci...
Promulgated on 2005-07-28

173. CA GR SP 58847: CHINA BANKING CORPORATION vs. Hon. CLARENCE J. VILLANUEVA,, ET AL.,
This is a Petition for Certiorari and Prohibition under Rule 65 of the 1997 Rules of Civil Procedure with prayer for the issuance of a Writ of Preliminary Injunction and/or Temporary Restraining Order, praying for the annulment and setting aside of the...
Promulgated on 2005-07-28

174. CA GR CR 00604: PEOPLE VS. HENRY BO Y BILAOS
On appeal is the Joint Decision1 dated 23 July 2001 of Branch 17 of the Regional Trial Court of Tabaco City in Criminal Cases No. T-3083 for "Rape" and T-3121 for "Acts of Lasciviousness",...
Promulgated on 2005-07-28

175. CA GR CV 66370: ANDOK'S LITSON CORP, ET. AL. VS. SPS. SUSAN and PEDRO LIMJUCO
"A contract has the force of law between the parties and they are expected to abide in good faith by their respective contractual commitments. Just as nobody can be forced to enter into a contract, in the same manner, once a contract is entered into, n...
Promulgated on 2005-07-28

176. CA GR CV 82211: FERNANDO A. BEGNAEN, JR. vs SPOUSES ANDREA A. INSO and ROMEO INSO
This is an appeal from the decision dated September 4, 2003 of the Regional Trial Court, Branch 59, Baguio City, in Civil Case No. 4055-R entitled "Fernando A. Begnaen, Jr. vs. Spouses Andrea A. Inso and Romeo Inso", Spouses Andrea A. Inso and Romeo In...
Promulgated on 2005-07-28

177. CA GR CV 88479: CHINA BANKING CORPORATION vs PRYCE CORPORATION, et al
In undertaking the rehabilitation of a corporation, as opposed to a dissolution, what is issued by the commercial court is merely a "stay order" or "suspension of payment" or "deferment of claims", which means "temporary only" as opposed to permanent....
Promulgated on 2005-07-28

178. CA GR CR 25649: People vs. Reynaldo Quezon, Teresita Quezon, Arcadio Dumdum
Before Us for review is the "Judgment", dated January 15, 1999, of the Regional Trial Court, Branch 2, Balanga, Bataan, in Criminal Case No. 6205, finding father and daughter, Reynaldo Quezon and Teresita Quezon, guilty beyond reasonable doubt of the c...
Promulgated on 2005-07-28

179. CA GR CV 81652: HEIRS OF MAXIMIANO ZAPANTA etc vs DOMINGO ZAPANTA, et al
This is an appeal from the Order dated November 15, 2002 of the Regional Trial Court of Antipolo City, Branch 73 in LRC No. 95- 1611, granting applicants-appellees' Motion to Declare Oppositors as Barred by Prior Judgment and to Dismiss Opposition....
Promulgated on 2005-07-28

180. CA GR CR 01111: People vs Jerry Albaytar y Miranda
This is an appeal from the Joint Decision dated December 18, 2003 rendered by the Regional Trial Court (RTC), Branch 41, Pinamalayan, Oriental Mindoro in Criminal Case No. P-6499 for the crime of Rape, to the Supreme Court which was subsequently trans...
Promulgated on 2005-07-28

181. CA GR CV 79909: CHRISTOPHER D. WONG vs JHOANNA E. BUENAVENTURA
This is an appeal from the decision dated July 10, 2003 of the Regional Trial Court, Branch 102, Quezon City, in Civil Case No. Q-99- 39078 entitled "Christopher Wong vs. Jhoanna Buenaventura" for Custody and Visitorial Rights Over Minor Camille B. Won...
Promulgated on 2005-07-28

182. CA GR SP 88244: Sps. Filemon Alsa and Purificacion Alsa vs Real Riverside Asso., Inc.
This is a Petition for Review under Rule 42 of the 1997 Rules of Civil Procedure, as amended, from the Decision dated November 12, 2004, rendered by the Regional Trial Court (hereafter RTC), Branch 89, Bacoor, Cavite, in Civil Case No. BCV-2003-121 for Ej...
Promulgated on 2005-07-28

183. CA GR SP 86751: GOLDEN HIGHWAY TRANSIT, INC., & FEDERICO D. PATIO, vs LILIA L. PELAEZ,
On December 15, 2004, the Court issued a resolution requiring petitioners to: ?a) submit the abovementioned documents/pleadings relevant and pertinent to the petition; b) cure the defects in the verification and certification;...
Promulgated on 2005-07-28

184. CA GR CV 74900: SPOUSES ANTONETTE S. and ARMANDO O. ENDIQUE vs SPOUSES JOSE RENATO A. HAM and ESTHER N. HAM, et al
Although plaintiffs-spouses won their case before Branch 257 Regional Trial Court of Parañaque for the return of their real property, they assail the court's dispositive portion which is now subject of this partial appeal....
Promulgated on 2005-07-28

185. CA GR SP 82095: PHILEX Mining Corp. vs Ava Jorge Manalo, et al.
Petitioner seeks reconsideration of Our Decision dated November 9, 2004 which dismissed the petition....
Promulgated on 2005-07-28

186. CA GR CV 66889: JOSE M. DE LA CRUZ, et al vs SEVERA MATEO, et al
Faithful adherence to the requirements of Section 14, Article VIII of the 1987 Constitution is indisputably a paramount component of due process and fair play. It is likewise demanded by the due process clause of the Constitution....
Promulgated on 2005-07-28

187. CA GR SP 88721: AMOS P. FRANCIA, JR., et al vs HON. PINERO-CRUZ, et al
Petitioners are the registered owners of a parcel of land consisting of 20,836 square meters located in Malhacan, Meycauayan, Bulacan covered by TCT No. T-123604 (M) of the Registry of Deeds for Meycauayan, Bulacan....
Promulgated on 2005-07-28

188. CA GR SP 88300: FLYING A INTERNATIONAL FREIGHT FORWARDERS, INC. vs JULITA LUNA
Flying A International Freight Forwarders, Inc., (Flying A) seeks a reversal of the December 28, 2004 Decision of the Regional Trial Court (RTC) of Las Piñas City, Branch 202, in Civil Case No. 04-0139 affirming in toto the June 28, 2004 Decision of th...
Promulgated on 2005-07-28

189. CA GR CV 50087: NATIONAL DEVELOPMENT COMPANY vs JAO & COMPANY INC.
Demand on sureties is not necessary before bringing suit against them, since commencement of the suit is sufficient demand....
Promulgated on 2005-07-28

190. CA GR SP 90485: RMB SECURITY & GENENRAL SERVICES CORP., et al vs LABOR ARBITER MICAELA A. LONTOC, et al
Before us is a petition dubbed as one for "Permanent Injunction with Preliminary Injunction and Prayer for Issuance of a Temporary Restraining Order", filed on behalf of petitioner RMB Security and General Services,...
Promulgated on 2005-07-28

191. CA GR CR 00688: PEOPLE OF THE PHILIPPINES vs JIMMY SORIANO
Before us is an appeal from the Decision of the Regional Trial Court, Branch 57, San Carlos City, Pangasinan finding accused-appellant Jimmy Soriano alias "Kutaic" guilty of the crime of rape and sentencing him to suffer the penalty of reclusion perpet...
Promulgated on 2005-07-28

192. CA GR CV 83359: LOURDES LORENZO etc vs FRANCISCO MACARILAY, JR. and CARLOS MACARILAY
The subject of controversy in this case is a 95.356 square meters piece of land owned by defendant Francisco Macarilay, Jr. (Francisco). Adjacent to this land which is located at Centro, Cauayan, Isabela is the 64.72 square meters real property of plai...
Promulgated on 2005-07-28

193. CA GR CV 73811: Virginia Bual vs Sps. Sergio and Alfonsa Villar
This is an appeal from the Decision dated January 15, 2002, rendered by the Regional Trial Court (hereafter RTC), Branch 16, Tabaco City, in Civil Case No. T-2003 for Specific Performance and Damages, the dispositive portion of which reads as follows:...
Promulgated on 2005-07-28

194. CA GR SP 90062: Singer Sewing Maching Company vs. Mary Anne De Leon
Presented before Us is a petition for review assailing the Resolutions dated June 16, 2004 and May 19, 2005 of the Department of Justice....
Promulgated on 2005-07-28

195. CA GR CV 82760: NEMIA S. ARCILLA VS. SPS. FABIAN AND TERESITA DAHAN
Before this Court is an appeal from the decision dated April 30, 2004 of the Regional Trial Court, National Capital Judicial Region, Branch 149, Makati City in Civil Case No. 01-812...
Promulgated on 2005-07-27

196. CA GR CR 28795: PEOPLE OF THE PHILIPPINES, vs EDUARDO DACAYANAN
For failure to comply with Our resolution dated March 4, 2005, the appeal is DISMISSED....
Promulgated on 2005-07-27

197. CA GR SP 83428: MANSO Foods Mgnt. Corp. vs NLRC, et al.
This pertains to the Motion for Reconsideration and Manifestation of Compliance filed by counsel for the petitioner on 02 December 2004, seeking for the reconsideration of the Decision dated 17 November 2004, the decretal portion of which reads:...
Promulgated on 2005-07-27

198. CA GR SP 81693: Epifanio Marcial vs Hon. Nicolas Eliazo, Jr.,et al.
BEFORE US is a Motion for Reconsideration filed by the petitioner through counsel on 28 December 2004, seeking for the reconsideration of the Decision dated 30 November 2004, the decretal portion of which reads:...
Promulgated on 2005-07-27

199. CA GR CV 80413: HIDEAKI TAKEDA VS. MICHELLE T. SASIL; R.P.
Before this Court is an appeal from the decision dated December 11, 2002 of the Regional Trial Court, National Capital Judicial Region, Branch 260, Parañaque City in Civil Case No. 00-0102...
Promulgated on 2005-07-27

200. CA GR CR 29376: EDUARDO P. QUIAZON VS. PEOPLE
Perusal of the instant petition for review reveals the following defects: 1) the appended decision of the RTC subject of the petition is neither a duplicate original nor a certified true copy;...
Promulgated on 2005-07-27

201. CA GR CV 83887: BPI Family Savings Bank, Inc. vs. Sps. Jovito & Rosalinda Patalud
In a Resolution dated February 10, 2005, the Court directed counsel for oppositors-appellants to remit the amount of P5.00 to complete payment for docket and other legal fees. However, per report of the Cash Division and the Judicial Records Division, o...
Promulgated on 2005-07-27

202. CA GR SP 85826: LUCIA BARRAMEDA, VDA DE BALLESTEROS, vs BENJAMIN SENFUEGO,
This is a petition for review under Rule 43 of the Revised Rules of Court of the Decision dated January 16, 2004 of the Department of Agrarian Reform Adjudication Board (DARAB) which affirmed with modification the decision of the Provincial Adjudicator...
Promulgated on 2005-07-27

203. CA GR SP 77086: ANITA S. MANGALINDAN et al vs HON. REYNALDO B. DAWAY,
On May 21, 2003, petitioners filed a petition for certiorari under Rule 65 of the Rules of Court assailing the Orders dated January 31, 2003, and March 13, 2003, issued by respondent Hon. Reynaldo B. Daway, Presiding Judge of the Regional Trial Court o...
Promulgated on 2005-07-27

204. CA GR SP UDK 5352: SIEGFRIED & PARZIFAL, INC., vs HON. RAUL M. GONZALES, ET AL
On June 10, 2005, petitioners filed a petition for certiorari under Rule 65 of the Rules of Court, seeking to nullify and set aside the Resolutions dated June 16, 2004 and March 4, 2005, issued in I.S. No. OCPSF-03-1-1841-1842, entitled, "Siegfried & P...
Promulgated on 2005-07-27

205. CA GR CR 01049: PEOPLE VS. RODOLFO MAGDARAOG y PASAHI, ET. AL.
This is an appeal from the October 6, 1998 Decision of the Regional Trial Court, Branch 96, Quezon City, in Criminal Case No. Q- 94-59699...
Promulgated on 2005-07-27

206. CA GR SP 79733: PARAMOUNT GENERAL INSURANCE CORPORATION vs JUDGE MELITON G. EMUSLAN, et al
By petition for certiorari, defendant Paramount General Insurance Corporation hereby seeks to nullify the resolution dated May 16, 2003, denying its motion to dismiss; and the order dated July 31, 2003, denying its motion for reconsideration), both is...
Promulgated on 2005-07-27

207. CA GR CV 68059: EVARISTO DUMALINA et al., vs ROSITA VERSOLA et al.,
Before us is the appeal filed by the defendants?petitioners? appellants Rosita Versola, Josefa Justo and Robin So, (collectively, the "appellants") from the Order1 dated June 28, 2000 of the Regional Trial Court, Branch 36, Santiago City (the "lower co...
Promulgated on 2005-07-27

208. CA GR SP 79218: Cristobal Ducat vs Simeon Neria
This pertains to the motion for reconsideration filed by the petitioner through counsel on 02 December 2004, seeking for the reconsideration of the Decision dated 10 November 2004, the decretal portion of which reads:...
Promulgated on 2005-07-27

209. CA GR SP 87807: R E Q U I N E L F. R O B A S, vs NATIONAL LABOR RELATIONS COMMISSION, LOVELY KAHAEL P A W N S H O P
This is a petition for certiorari under Rule 65 of the Revised Rules of Civil Procedure for the purpose of annulling: (a) the Resolution dated July 30, 2004, and (2) the Resolution dated September 24, 2004, both of the public respondent National Labor...
Promulgated on 2005-07-27

210. CA GR CV 72453: Hrs. of Andres Martinez, et al. vs Hrs. of Francisco Casilla, et al.
BEFORE US is a Motion for Reconsideration filed by the plaintiff-appellants on 29 December 2003, seeking for the reconsideration of the Decision dated 18 November 2003, the decretal portion of which reads:...
Promulgated on 2005-07-27

211. CA GR CV 60211: Pablo Santiago vs Norma Asiao, et al.
This pertains to the motion for reconsideration filed by defendant-appellant Bernadette Daproza, seeking for the reconsideration of the Decision dated 09 May 2003, the decretal portion of which reads:...
Promulgated on 2005-07-27

212. CA GR SP 89163: VALLE VERDE MANSIONS INC. VS. HON. ERLINDA PIÑERA UY, ET AL.
Finding no new matter of substance that would warrant the modification much less the reversal of the April 14, 2005 Resolution of this Court, the Motion for Reconsideration1 filed by the petitioner is hereby DENIED for lack of merit....
Promulgated on 2005-07-27

213. CA GR SP 90168: RAY ANTHONY F. FAJARITO VS. MARGARITO P. GERVACIO, JR.,ET AL
This is a petition for certiorari under Rule 65 of the Revised Rules of Court which seeks to assail the Orders dated April 7, 2005 and May 6, 2005 issued by the Office of the Ombudsman in OMB-C-C-04-0564-L and OMB-C-C-04-0561-L....
Promulgated on 2005-07-27

214. CA GR SP 79842: Lilia Tomas Adina, et al. vs RTC Br. 67 Pasig City, et al.
This pertains to the motion for reconsideration filed by the petitioners through counsel on 17 November 2004, seeking for the reconsideration of the DECISION dated 29 October 2004, the decretal portion of which reads as follows:...
Promulgated on 2005-07-27

215. CA GR CR 01030: PEOPLE vs MIGUELITO MARQUEZ
Circumstantial evidence would be sufficient for conviction, if (a) there is more than one circumstance, (b) the facts from which the inferences have been derived are proven, and (c) the combination of all the circumstances is such that it produces a co...
Promulgated on 2005-07-27

216. CA GR SP 89688: VENANCIO VIESCA VS. MANILA BANKING CORP.
Finding no new matter of substance that would warrant the modification much less the reversal of the May 27, 2005 Resolution of this Court, the Motion for Reconsideration1 filed by the petitioner is hereby DENIED for lack of merit....
Promulgated on 2005-07-27

217. CA GR SP 5346: FORTUNE GUARANTEE&INSURANCE CORP., ET AL VS. ALEJANDRO LABINDAO,
On October 1, 2004, petitioners filed a PETITION FOR ANNULMENT OF JUDGMENT, praying for the annulment of the judgments/ resolutions of Labor Arbiter Renell Joseph R. Dela Cruz and the National Labor Relations Commission (NLRC) Second Division or in th...
Promulgated on 2005-07-27

218. CA GR SP 89962: HELARIO GALVEZ, vs HOME DEVELOPMENT MUTUAL FUND,
For failure to comply with Our resolution dated June 9, 2005, the petition is DENIED DUE COURSE and is hereby DISMISSED....
Promulgated on 2005-07-27

219. CA GR CV 84257: Sps. Manuel and Rosalina Gregorio vs. Fermina Express Corp., et al.
This treats of defendants-appellants' Final Motion for Extension of Time to File Appellant's Brief seeking for a final extension of fifteen (15) days from July 11, 2005 within which to file their appellants? brief....
Promulgated on 2005-07-27

220. CA GR SP UDK 5346: FORTUNE GUARANTEE&INSURANCE CORP., ET AL VS. ALEJANDRO LABINDAO,
On October 1, 2004, petitioners filed a PETITION FOR ANNULMENT OF JUDGMENT, praying for the annulment of the judgments/ resolutions of Labor Arbiter Renell Joseph R. Dela Cruz and the National Labor Relations Commission (NLRC) Second Division or in th...
Promulgated on 2005-07-27

221. CA GR CV 74718: GINA ABAD vs WILLIAM ARIMBUYUTAN
Whoever, by act or omission causes damages to another, there being fault or negligence, is obliged to pay for the damages done. The employer shall be liable for the damages caused by his employee acting within the...
Promulgated on 2005-07-27

222. CA GR SP 87026: SPO1 ERLINDA LUMABI vs AUREA QUEVEDO
This is a Petition for Review from the Decision and Order dated June 8, 2004 and October 4, 2004, respectively, of the Regional Trial Court of Manila, Branch 3 in Civil Case No. 03-108534, affirming en toto the Decision dated August 12, 2003 of the Met...
Promulgated on 2005-07-27

223. CA GR SP 87986: PABLITO O. LIM, ET. AL. VS. HON. RODOLFO R. BONIFACIO, ET. AL.
In this Petition for Mandamus filed under Section 3, Rule 65 of the Rules of Court, petitioners Pablito Lim, Manuel A. Agcaoili, and Consuelo N. Padilla...
Promulgated on 2005-07-27

224. CA GR CV 82949: DOMINADOR DE VERA, et al vs. ENGR. REUEL D. TERTE
For failure of defendant-appellant to file a brief within the reglementary period, the appeal is considered abandoned and is accordingly DISMISSED pursuant to Sec. 1(e), Rule 50 of the 1997 Rules of Civil Procedure....
Promulgated on 2005-07-27

225. CA GR CV 73317: LOURDES F. BOLUS vs REPUBLIC OF THE PHILIPPINES
Before us is an appeal from the Decision of the Regional Trial Court, Branch 218, Quezon City, the dispositive portion of which reads: "WHEREFORE, the Register of Deeds of Quezon City is hereby ordered to reconstitute Transfer Certificate of Title No. ...
Promulgated on 2005-07-27

226. CA GR SP 84506: SPOUSES NICOMEDES and BRIGIDA LOZADA, VS. HON. ELIZABETH Y. GURAY, ET. AL.
"xxx Under Section 4, paragraph 2, xxx (Rule 15 of the Rules of Court), a notice of hearing on a motion shall be served by the movant to all the parties concerned at least three days before the date of hearing. Section 5 of the same rule requires that...
Promulgated on 2005-07-27

227. CA GR CR 28684: PEOPLE VS. WESLY RAMOS a.k.a. "KAMBAL", ET. AL.
On appeal is the Decision dated 30 June 2004 of the Regional Trial Court of Pasig City, Branch 166, in Criminal Case No. 125207-H for ?Murder?...
Promulgated on 2005-07-27

228. CA GR CV 61404: TEOFILO VERA, ET. AL. VS. SPOUSES PRUDENCIO and FE CASTILLO, ET. AL.
"What should guide judicial action is the principle that a partylitigant is to be given the fullest opportunity to establish the merits of his complaint or defense rather than for him to lose life, liberty, honor or property on technicalities."...
Promulgated on 2005-07-27

229. CA GR CV 80529: HERMA SHIPPING AND TRANSPORT CORP. VS. PNOC SHIPPING AND TRANSPORT CORP.
Plaintiff-appellant's Appeal is DISMISSED for its failure to file the required appellant's brief despite notice, pursuant to Section 1(e), Rule 50 of the Revised Rules of Court....
Promulgated on 2005-07-27

230. CA GR SP 82633: TENTAY FOOD AND SAUCES, INC. VS. HON. PATRICIA A. STO. TOMAS, ET. AL.
AMENDED DECISION - On November 23, 2004, We promulgated Our Decision...
Promulgated on 2005-07-27

231. CA GR SP 82565: Lorna Tan vs SSS
BEFORE US is a motion for reconsideration filed by the petitioner through counsel on 23 November 2004, seeking for the reconsideration of the Decision dated 27 October 2004, the dispositive of which reads:...
Promulgated on 2005-07-27

232. CA GR CV 73067: RAMON ARANDA VS. REPUBLIC OF THE PHILIPPINES
On appeal is the Decision dated January 31, 2001, of the Regional Trial Court, Branch 6, Tanauan, Batangas which approved the application for land registration filed by applicantappellee Ramon Aranda....
Promulgated on 2005-07-26

233. CA GR CV 25296: CERELINA NUERA SELOMEN, ET AL VS. TERSO NUERA, ET AL
Assailed in this appeal is the decision of Branch 2, Regional Trial Court of Bohol, City of Tagbilaran, in Civil Case No. 4224 dated June 16, 1989. Its dispositive portion reads as follows:...
Promulgated on 2005-07-26

234. CA GR SP 87734: CROMWELL FILOG vs HON. FERNANDO CABATO
The trial court's denial of the motion to quash seasonably filed by the petitioner as an accused is the target of the petition for certiorari, prohibition and mandamus commenced herein....
Promulgated on 2005-07-26

235. CA GR SP 88940: Modesto Bugador, et al. vs HDMF
This pertains to the motion for reconsideration filed by petitioner through counsel on 24 May 2005, seeking for the reconsideration of the Resolution dated 06 May 2005, the decretal portion of which reads:...
Promulgated on 2005-07-26

236. CA GR CV 58023: ADELIA V. ACASIO vs ANTONIO B. ACASIO
The defendant appeals the decision dated January 20, 1997 rendered in Civil Case No. 133-0-90 entitled Adelia V. Acasio v. Antonio B. Acasio of the Regional Trial Court (RTC) in Olongapo City, disposing as follows:...
Promulgated on 2005-07-26

237. CA GR SP 77236: SPS. JULIUS and EMELIA R. GAMBOA vs. HON. ABEDNEGO O. ADRE, et. al.
Assailed in this petition for certiorari and prohibition are the April 30, 2003 and October 28, 2002 Orders issued by the Regional Trial Court (Branch 88, Quezon City) in LRC Case No. Q-5257(91) filed by Conglomerate Securities &...
Promulgated on 2005-07-26

238. CA GR SP 79419: Unilever Phils., Inc. vs. Hon. Simeon Datumanong, et al.
At a time when our country is making a mark in global trading and the need to encourage inflow of foreign investors in our country is increasing, the need to strengthen our laws on trademark, copyright and other intellectual property rights becomes mor...
Promulgated on 2005-07-26

239. CA GR CV 81095: HON. LOURDES A. SEÑAR, ET. AL. VS. HON. LUIS VILLAFUERTE, ET. AL.
Petitioners-appellants received the Notice to File Brief on May 19, 2005 and, therefore, had only until July 4, 2005 (July 3, 2005 being a Sunday) within which to file its brief....
Promulgated on 2005-07-26

240. CA GR CR 00153: PEOPLE VS. ALBERTO R. LOPEZ
Consistent with the warning given to accused-appellant in the Resolution dated June 10, 2005 that no further extension shall be granted...
Promulgated on 2005-07-26

241. CA GR CV 70465: SPS. CATALINA MONTEFALCO and GUALBERTO MANZANO VS. SPS. CORNELIO and PACITA MONTEFALCO
Defendants-appellants Spouses Cornelio and Pacita Montefalco appeal the Decision dated January 11, 1999 of the Regional Trial Court, Branch 49, Urdaneta, Pangasinan...
Promulgated on 2005-07-26

242. CA GR SP 90032: Sps. Leopoldo & Teresita Tandayu, et al. vs. Alicia Bernabe vda. de Sanga, et al.
At hand is a petition for review filed under Rule 42 of the 1997 Rules of Civil Procedure. But considering that copies of the pleadings and other documents (i.e. answer, position papers filed before the MeTC, memoranda on appeal of the parties before...
Promulgated on 2005-07-26

243. CA GR SP 90365: CONSTANCIO VALENCIA VS HON. PRES. JUDGE, RTC MANILA BRANCH 32 and MANOTOK SERVICES, INC.
Before Us is a Petition for Review dated 15 July 2005 filed under Rule 42 of the 1997 Rules of Civil Procedure. A cursory perusal of the Petition shows that the certification against non-forum shopping executed by Ma. Teresa Catiis ("Catiis" for brevit...
Promulgated on 2005-07-26

244. CA GR SP 80350: CYMAR INTERNATIONAL, INC. vs. THE DIRECTOR GENERAL OF THE INTELLECTUAL PROPERTY OFFICE, et. al.
The instant petition seeks a review of the Decision of the Director General of the Intellectual Property Office, dated October 22, 2003, which reversed the earlier Decision of the Director of the Bureau of Legal Affairs dated December 26, 2002....
Promulgated on 2005-07-26

245. CA GR SP 90116: Nora Robias vs. Iluminada Realino
The instant petition is not accompanied by a certified true copy of the Decision of Branch 1, MTCC Antipolo City as well as copies of pertinent and relevant documents....
Promulgated on 2005-07-26

246. CA GR SP 87848: SFTI CONSTRUCTION CORP., ET AL. VS. NLRC, ET AL.
Before this Court is petition for certiorari under Rule 65 of the 1997 Rules of Civil Procedure assailing the decision dated April 30, 2004 and resolution dated October 15, 2004 of the National Labor Relations Commission...
Promulgated on 2005-07-26

247. CA GR SP 85715: SPS. RENATO AND OLIVIA ANATALIO VS. HON. NORMANDIE B. PIZARRO, ET AL.
Before this Court is a Petition for Certiorari, Prohibition, and Mandamus under Rule 65 of the 1997 Rules of Civil Procedure seeking to annul and set aside the Writ of Possession and the Notice to Vacate both dated August 12, 2004...
Promulgated on 2005-07-26

248. CA GR SP 90066: ROSELDA REYES, a.k.a. ARSENIA REYES VS. SPS. REYNALDO and GLORIA BESA CRUZ
This is an appeal by way of Petition for Review under Rule 42 of the Rules of Court praying for the reversal and setting aside of the May 3, 2005 Decision of the Regional Trial Court, Branch 122, Caloocan CitY...
Promulgated on 2005-07-26

249. CA GR SP 87040: Tritran, Inc. & Ruperto L. Gonzales vs. Hon. Fatima Gonzales-Asdala, etc., et al.
Under Section 11 of Rule 11 of the New Rules of Procedure, it is within the discretion of the Trial Court to permit the filing of defendant's answer even beyond the reglementary period, provided there is justification for the belated action, and there...
Promulgated on 2005-07-26

250. CA GR SP 90386: JONES INTERNATIONAL MANPOWER SERVICES, INC. VS. SECRETARY OF DOLE, ET. AL.
This is a Petition for Certiorari filed under Rule 65 of the 1997 Rules of Civil Procedure assailing and seeking to nullify the (a) ORDER, dated November 19, 2003...
Promulgated on 2005-07-26

251. CA GR SP 88133: Vicente M. Malonso, et al. vs. Hon. Reynaldo G. Ros, etc., & the City of Manila
Upon the filing of the complaint or at anytime thereafter and after due notice to the defendant, the plaintiff shall have the right to take or enter upon the possession of the real property involved...
Promulgated on 2005-07-26

252. CA GR SP 87577: Vitarich Corp. vs. Hon. Petrita Braga Dime, etc. & Mario Arcega
Offended party in a criminal case has sufficient interest and personality as a "person aggrieved" to file a special civil action of prohibition and certiorari under Rule 65 of the Rules of Court (Flores vs. Joven, 394 SCRA 339)....
Promulgated on 2005-07-26

253. CA GR CV 79797: FORTUNATO S. PEREZ vs. MAGDALENA SANTOS-CRUZ and FLORINDA SANTOS-RUBIO
We have assiduously perused the ratiocinations and arguments in defendants-appellants' Motion For Reconsideration as well as those contained in the plaintiff-appellee's Comment thereon, and found the motion for reconsideration offering no compelling re...
Promulgated on 2005-07-26

254. CA GR CR 00460: PEOPLE VS. BENITO BALLESTEROS Y GRAGASIN
For this Court's intermediate review is the appeal of appellant Benito Ballesteros who was convicted by the trial court of murder and sentenced to suffer the penalty of reclusion perpetua....
Promulgated on 2005-07-26

255. CA GR SP 89499: SPOUSES MARCOS P. JORGE, JR. AND LOURDES JORGE vs MARIETTA MARIANO, ET AL.,
Before Us is an Urgent Manifestation filed by petitioners reiterating their prayer for issuance of a writ of preliminary injunction....
Promulgated on 2005-07-26

256. CA GR SP 76180: Dominican College vs. N.L.R.C. & Luz Directo
Elevated to us by certiorari is the decision of the National Labor Relations Commission modifying the decision of the Labor Arbiter in a complaint for illegal dismissal and non-payment of wage benefits filed by a teacher against her school....
Promulgated on 2005-07-26

257. CA GR CV 68489: ESPERANZA N. ROCABERTE, ET AL VS. HEIRS OF RUFINO ROCABERTE
This is an appeal from the Decision dated September 30, 1999 rendered by the Regional Trial Court of Dagupan, Branch 44, in Civil Case No. 96-01178-D...
Promulgated on 2005-07-26

258. CA GR CR 27414: PEOPLE VS. LYZAH SY FRANCO and STEVE BESARIO
Before Us is an appeal from the Decision dated October 23, 2001 rendered by the Regional Trial Court of Manila, Branch 52, convicting the accused-appellants of the crime of estafa in Criminal Case No. 99-173688. The decretal portion of the Decision state...
Promulgated on 2005-07-26

259. CA GR SP 85619: T.E.L. CONSOLIDATED WORKS, INC., vs. PASVIL LINER INC. MANUEL P. PASCUAL JR., et. al.
This is a petition for certiorari seeking to nullify and set aside the Order of the trial court dated 20 April 2004 which in turn reconsidered and set aside its earlier Order of 29 March 2004 holding respondents Manuel Pascual, Jr., and Rolando Pascual...
Promulgated on 2005-07-26

260. CA GR SP 90457: DUTY FREE SUPERSTORE, INC., vs HON. MERCEDES POSADA LACAP
On July 15, 2005, petitioner Duty Free Philippines, Inc. ("petitioner") filed this petition for certiorari under Rule 65 of the Rules of Court. The records show that Mr. Ramchand Sadwhani, President of Petitioner, signed the Verification and Certificat...
Promulgated on 2005-07-26

261. CA GR SP 84713: Rita Gagui / RITZ Manpower Services vs. N.L.R.C., Mirriam M.. Asuelo, etc., et al.
In this Petition for Certiorari under Rule 65 of the 1997 Rules of Civil Procedure, petitioner seeks the setting aside of the April 24,2003 Decision and January 30, 2004 Order of the National Labor Relations Commission (NLRC, for brevity) which dismissed...
Promulgated on 2005-07-26

262. CA GR SP 72348: Norman L. Lim vs. NLRC, et al.
This is a petition for certiorari impugning the National Labor Relations Commission's (NLRC) resolution dated February 18, 2002, which reversed on the ground of lack of jurisdiction and lack of cause of action, the labor arbiter's Decision declaring that...
Promulgated on 2005-07-26

263. CA GR SP 90475: HOLY ANGEL UNIVERSITY vs NATIONAL LABOR RELATIONS COMMISSION (First Division) and JUAN G. VASQUES
Before this Court is a Petition for Certiorari dated 16 July 2005 under Rule 65 of the 1997 Rules of Civil Procedure. A cursory review of the Petition shows that it is not accompanied by a written explanation as to why service of the Petition upon the...
Promulgated on 2005-07-26

264. CA GR CV 69476: YOLANDA G. DAVID VS. LAND BANK OF PHILIPPINES, ET. AL.
On appeal before Us is a Decision dated April 18, 2000 rendered by the Regional Trial Court of San Fernando, Pampanga, Branch 43, in Civil Case No. 11209....
Promulgated on 2005-07-22

265. CA GR CV 77400: SPOUSES SUSAN ANG and LUISITO CO, et al vs RIZAL PLASTIC MANUFACTURING CORPORATION
THIS is an appeal from the Decision of the Regional Trial Court (RTC) in Quezon City holding defendant-appellant Rizal Plastic Manufacturing Corporation (RPMC) liable for patent infringement and damages....
Promulgated on 2005-07-22

266. CA GR SP 85004: CHONA VENIEGAS-NAZARRO vs. HONORABLE CIVIL SERVICE COMMISSION, et al.
Brought before Us for review in this petition under Rule 42 of the 1997 Rules of Civil Procedure is the Resolution dated June 1, 2004 of the Civil Service Commission, dismissing the complaint of Chona Veniegas-Nazarro against Atty. Elvira Lomboy....
Promulgated on 2005-07-22

267. CA GR SP 86299: SPOUSES WILLIAM and ELENA DULAY vs. HON. EMMA M. TORIO, et al.
Challenged in this petition for certiorari under Rule 65 of the Revised Rules of Court are the Orders dated December 2, 2003 (Annex "A", Petition; p. 11, Rollo) and May 27, 2004 (Annex "B", Petition; p. 12, Rollo) issued by Branch 40, of the Regional ...
Promulgated on 2005-07-22

268. CA GR CV 83519: Rural Bank of Cabuyao, Inc. vs. Sps. Ernesto & Carmencita Fontillas & John Doe
This is an appeal from the Resolution of May 11, 2004 issued by the Regional Trial Court stationed in Biñan, Laguna in the Petition for Writ of Possession under Act 3135 as amended docketed as Civil Case No. B-2844, filed by the appellee Rural Bank of...
Promulgated on 2005-07-22

269. CA GR SP 85225: ASSOCIATED BROADCASTING COMPANY, et al vs NLRC, et al
Article 277 (b) of the Labor Code puts the burden of proving that the dismissal of an employee was for a valid or authorized cause on the employer. Where there is no showing of a clear, valid and legal cause for termination of employment, the law consi...
Promulgated on 2005-07-22

270. CA GR SP 83420: COMMISSIONER OF INTERNAL REVENUE vs CLEMENTE FONTANAR
The ultimate purpose of assessment is to ascertain the amount that each taxpayer is to pay. An assessment contains not only a computation of tax liabilities, but also a demand for payment within a prescribed period....
Promulgated on 2005-07-22

271. CA GR CV 82922: Eliseo Vergara vs. Evelyn De Mesa
Appeal from the Decision of the Regional Trial Court of Tuguegarao City in Special Proceeding No. 2009, declaring Evelyn De Mesa-Vergara, spouse of petitioner Eliseo C. Vergara, Jr., presumptively dead....
Promulgated on 2005-07-22

272. CA GR CR 28381: THE PEOPLE OF THE PHILIPPINES vs ROBERTO A. PASCUAL
A MARRIAGE, even one which is void or voidable, shall be deemed valid until declared otherwise in a judicial proceeding....
Promulgated on 2005-07-22

273. CA GR CV 64407: JOSE UY TIAT UN vs ELIZABETH T. DELOS REYES
One of the modes of extinguishment of obligations provided by the New Civil Code is set-off or compensation. There is compensation where two persons, in their own right, are creditors and debtors of each other....
Promulgated on 2005-07-22

274. CA GR CV 81816: Jose Victorino K. Castro, etc. et al. vs Republic of the Philippines
On February 8, 2001 the appellees Heirs of Rogelio Castro, through their attorney-in-fact Jose Victorino K. Castro, and Nilda Castro-Stahl through her attorney-in-fact Violeta Castro (or appellees for brevity), filed a verified petition for the reconst...
Promulgated on 2005-07-22

275. CA GR CV 54053: Special Steel Products, Inc., et al. vs. Penta Technological Products, Inc., et al.
This is an appeal from the Decision of the Regional Trial Court (RTC), Branch 71 of Pasig City dismissing Special Steel Products, Inc.'s complaint for damages and ordering them to pay damages in favor of appellees....
Promulgated on 2005-07-22

276. CA GR CV 55928: PAZ MIGUEL VDA. DE BRIONES, et al vs EDMUND B. MAGAT, et al
BROUGHT to the fore via this appeal is the Decision of the Regional Trial Court (RTC) dismissing the complaint for reconveyance with damages of plaintiffs-appellants Paz Miguel Vda. De Briones, Samuel M. Briones and Bella M. Briones against defendants-...
Promulgated on 2005-07-22

277. CA GR CV 50966: Alexander Van Twest vs. Gloria Anacleto, et al.
This is an ordinary appeal under Rule 41 of the Rules of Court from the Decision dated January 24, 1995 of the Regional Trial Court of Makati, Branch 142 in Civil Case No. 90-659....
Promulgated on 2005-07-22

278. CA GR CV 82818: CHINA BANKING CORPORATION vs SPOUSES ANTONIO TARAYA and LIGAYA TARAYA
THIS case features the spectacle of a collection suit which was dismissed, despite the default of defendants and presentation of testimonial and documentary evidence by plaintiff....
Promulgated on 2005-07-22

279. CA GR SP 58108: HERMILINA MAMON vs. NLRC, 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 Resolution2 dated December 6, 1999 issued by the National Labor Relations Commission (NLRC), Second Division,...
Promulgated on 2005-07-22

280. CA GR SP 90221: SEVERINO B. GARCIA, JR., vs HON. YLIHU A. YBA?EZ,
A perusal of the petition shows that: 1. There is no written explanation why copies of pertinent documents relevant to the case such as the Information, Complaint, Memorandum of Appeal and documentary evidence of the parties are not attached; 2. The I...
Promulgated on 2005-07-22

281. CA GR SP 80945: Brigido Pasco vs. Hon. Floro Alejo, et al.
For consideration before this Court is a Petition for Certiorari and Mandamus under Rule 65 of the Revised Rules of Court, seeking to nullify the Orders of public respondent dated June 19, 2003 and October 29, 2003, and order public respondent to resolv...
Promulgated on 2005-07-22

282. CA GR SP 81436: United Bag Mfg. Corp., et al. vs. NLRC, et al.
This is a special civil action for certiorari under Rule 65 of the Revised Rules of Civil Procedure seeking to annul the Resolution dated July 31, 2003 and another Resolution dated October 30, 2003 by the National Labor Relations Commission...
Promulgated on 2005-07-22

283. CA GR SP 90458: TOMAS NGO vs DEPARTMENT OF JUSTICE, et al
A careful perusal of the present petition for certiorari reveals that petitioner did not file a motion for reconsideration of the impugned resolution of the Department of Justice. A motion for reconsideration is an equally speedy and adequate remedy an...
Promulgated on 2005-07-22

284. CA GR SP 76144: PHILIPPINE MINING SERVICE CORPORATION vs COMMISSIONER OF INTERNAL REVENUE
TAXES are the lifeblood of the Government. Deductions, on the other hand, minimize a taxpayer's liability. Consequently, the burden of proof is upon him who claims the deduction in his favor. And if a revenue officer commits an error in favor of a taxpa...
Promulgated on 2005-07-22

285. CA GR SP 90412: TOMAS P. BONGALONTA, JR., vs. HON. LUIS RAYMUND F. VILLAFUERTE, JR., et al.
For not containing a written explanation why service of a copy of the petition to the respondents was not done personally but by registe...
Promulgated on 2005-07-22

286. CA GR CR 00866: THE PEOPLE OF THE PHILIPPINES vs. ALFREDO ESTOY @ "BINADI",
By interposing self-defense, herein appellant admits authorship of the killing. Thus, shifted to him is the burden of proof showing that the killing was justified....
Promulgated on 2005-07-22

287. CA GR CV 81634: LUZVIMINDA PAJARILLAGA vs. RICHARD ABARNAS, et al.
In an Order dated October 30, 2003 (pp. 163-166, Records), Branch 5 of the Regional Trial Court of Dinalupihan, Bataan, granted plaintiff's Motion for Summary Judgment in Civil Case No. DH-719-01, entitled "Luzviminda Pajarillaga, etc. vs. Richard Abar...
Promulgated on 2005-07-22

288. CA GR SP 81723: ROSITA O. ORFANO VS. NATIONAL LABOR RELATIONS COMMISSION
Rosita Orfano is a sales lady, employed by partners Minerva Cornejo and Leonora Salazar in their various establishments, at different periods in time....
Promulgated on 2005-07-22

289. CA GR CV 82757: FAMILY INTERIOR ARTS, INC. vs B.F. CORPORATION
AT BAR is an appeal from the Decision of the Regional Trial Court (RTC) in Pasay City ordering defendant-appellant BF Corporation (BFC) to pay plaintiff-appellee Family Interior Arts, Inc. (FIAI) its monetary claims, attorney's fees and costs....
Promulgated on 2005-07-22

290. CA GR SP 84988: Gregorio Santiago vs. Luis Dorigo Co
Before the Court is a petition for review under Rule 42, 1997 Rules of Civil Procedure assailing the Order dated June 15, 2004 of Branch 23, Regional Trial Court, Cabanatuan City in Civil Case No. 4669-AF which ordered petitioner Gregorio Santiago to vac...
Promulgated on 2005-07-22

291. CA GR SP 86499: Sps. Wayne and Adoracion Klesmer vs. Hon. Jules A. Mejia, et al.
This Petition for Annulment of Judgment through Rule 47 of the Rules of Court seeks to annul the Decision dated 16 November 2000 of the Regional Trial Court, First Judicial Region of Alaminos, Pangasinan, Branch 54, in Special Proceeding Case No. A-1340...
Promulgated on 2005-07-22

292. CA GR CR 29242: PEOPLE VS. CONCHITA LEVISTE
It appearing that accused-appellant has a pending Warrant of Arrest, and in consonance with Section 8, Rule 124 of the 2000 Revised Rules of Criminal Procedure which provides:...
Promulgated on 2005-07-22

293. CA GR SP 80257: MACARIO and LILIA UY VS. ATTY. GODOFREDO P. MELEGRITO
Before this Court is an appeal from the Decision dated September 10, 2003 of the Regional Trial Court, Branch 20, Cauayan City, Isabela setting aside the Order of demolition dated April 25, 2003 issued by the Municipal Trial Court, San Mateo, Isabel...
Promulgated on 2005-07-22

294. CA GR CV 83194: FIESTA WORLD MALL CORP., VS. RONALD ICARO
On October 19, 2004, this Court issued the Notice to File Brief in instant case. Defendant-appellant Ronald Icaro received a copy of the above notice on November 2, 2004....
Promulgated on 2005-07-22

295. CA GR CR 00296: PEOPLE OF THE PHILIPPINES, vs MARTIN GARIANDO Y
For failure of the accused-appellant to file appellant?s brief which was still due on February 17, 2005, the appeal is DISMISSED....
Promulgated on 2005-07-22

296. CA GR SP 70115: SPS. FRANCISCO MANGAOIL and LEONILA ANSO, v.HON. CONRADO F. MANAUIS,et al
Purportedly filed pursuant to Rule 45 of the 1997 Rules of Civil Procedure, before us is a petition for review of the Decision dated February 1, 2002 rendered by public respondent, the Hon. Conrado F. Manauis, Presiding Judge of the Regional Trial Cour...
Promulgated on 2005-07-22

297. CA GR CV 49081: FELIPE V. PILASPILAS VS. ERNESTO PANO and CORNELIA VELORIA
Appealing the Decision dated December 2, 1944 of the Regional Trial Court, Branch 57, San Carlos City, Pangasinan in Civil Case No. SCC-1463 for Quieting of Title and Damages, appellants assert that:...
Promulgated on 2005-07-22

298. CA GR CV 71752: NELIA C. GUINTU VS. DOMINGO D. GUINTU, JR., REPUBLIC OF THE PHILIPPINES
Before this Court is an appeal from the decision of Branch 73, Regional Trial Court, Third Judicial Region, Olangapo City in Civil Case No. 213-0-96, the dispositive portion of which states:...
Promulgated on 2005-07-22

299. CA GR SP 85592: BAESA FOUNDRY CORPORATION, vs. NLRC., ET AL
In this Petition for Certiorari under Rule 65 of the 1997 Rules of Civil Procedure, petitioner Baesa Foundry Corporation seeks to nullify and set aside the 30 April 2004 Resolution1 of the National Labor Relations Commission in NLRC NCR CA No. 029800-0...
Promulgated on 2005-07-22

300. CA GR CV 76973: ALMARIO ANGELES, ET AL., VS. REPUBLIC OF THE PHILIPPINES
Before Us is an appeal by the Republic of the Philippines as represented by the Solicitor General on the Decision of the Municipal Circuit Trial Court, Pililla-Jalajala, Rizal in LRC Case No. N-009 granting the application for original registration of...
Promulgated on 2005-07-22

301. CA GR CR 24159: People of the Philippines vs. Bernard Aracyang & Elisa Carlos
This is a simple case that is only made to look complex. After some effort at exegesis, we find the sole issue here to be whether a party may be held responsible for the contemptuous acts of another although they may be members of the same family - sans...
Promulgated on 2005-07-22

302. CA GR CR 29432: ELADIO MILLAR & ROMERO MILLAR vs CESAR MAYORES & DIOSDADO MAGDATO
Considering that petitioners failed to pay the full amount of the docket and other lawful fees, the Court resolves to deny their Motion for Extension of Time to File Petition for Review praying for an extension of fifteen (15) days from June 29, 2005 w...
Promulgated on 2005-07-22

303. CA GR CV 67073: Alfonsa Gonzales vs. Sps. Manuel Almonte & Feliciano Diso
Sought in this appeal is the reversal of the Decision dated March 8, 2000 in Civil Case No. U-5420 of Branch 46, Regional Trial Court, Urdaneta, Pangasinan, dismissing the complaint for "Quieting of Title and Declaration of Ownership, Annulment of Docume...
Promulgated on 2005-07-22

304. CA GR CR 00846: People of the Philippines s. Pedro Purawan, Jr. Y Cervantes
This is an automatic review of the Decision dated July 31, 2003 in Criminal Case No. 176-00 of Branch 16, Regional Trial Court (RTC), Cavite City convicting accused-appellant Pedro Purawan, Jr. y Cervantes of the crime of murder and sentencing him to suff...
Promulgated on 2005-07-22

305. CA GR SP 79972: Solid Homes, Inc., et al. vs. Sps. Rafael and Aurora Recto, Jr.
This Petition for Review under Rule 43 of the 1997 Rules of Civil Procedure seeks a review of the Decision dated 20 June 2003 of the Office of the President affirming in toto the appealed Decision of the Housing and Land Use Regulatory Board (HLURB)...
Promulgated on 2005-07-22

306. CA GR SP 84266: NFD INT. MANNING AGENTS, INC., et al v. NLRC, et al
Assailed in this Petition for Certiorari are two (2) resolutions issued by the National Labor Relations Commission in NLRC NCR CA No. 036012-03, viz.:...
Promulgated on 2005-07-22

307. CA GR SP 68960: Ruperto M. Ocampo, Jr. vs. N.L.R.C. & Philippine Commercial International Bank
This petition for certiorari was filed by Ruperto M. Ocampo, Jr. (or hereafter Ocampo), assailing the Resolution of the National Labor Relations Commission (or NLRC) dated September 16, 1999 dismissing his appeal from the Decision of Labor Arbiter Ernest...
Promulgated on 2005-07-22

308. CA GR CV 73208: DAGUPAN TONY?S LUMBER, v. ARCH. FLUTZ AMON,ANNA FERRER,
Before us on appeal is the decision dated October 23, 2001 of the Regional Trial Court of Dagupan City, Branch 43, in Civil Case No. D-96- 00921, for sum of money,1 the decretal portion of which reads:...
Promulgated on 2005-07-22

309. CA GR CR 28434: PEOPLE VS. RONALDO A. LITIATCO AND ROLANDO L. DAACA,
Before us is an ordinary appeal filed by the accused-appellants, through their counsel, assailing the decision of the Regional Trial Court of Makati City, Branch 144, finding them guilty beyond reasonable doubt of Violation of Batas Pambansa Bilang 22....
Promulgated on 2005-07-22

310. CA GR CV 59021: MARIA LUISA TRINIDAD, appellee v. RENATO R. ROQUE,Resp.,REPUBLIC OF THE PHILIPPINES, Opp.-Appellant
On appeal is the Decision dated 12 February 1996 of the Regional Trial Court of Valenzuela, Metro Manila, Branch 172, nullifying the marriage of Maria Luisa Trinidad a.k.a. Luz Trinidad and Renato Roque pursuant to Article 36 of the Family Code.Maria L...
Promulgated on 2005-07-22

311. CA GR SP 87684: LEGASPI TOWERS 300, INC., ET AL. v. HON. ANTONIO I. DE CASTRO
In this Petition for Certiorari under Rule 65 of the 1997 Rules of Civil Procedure, petitioners Lilia Marquinez Palanca, Rosanna D. Imai, Gloria Domingo and Ray Vincent seek to nullify and set aside the two (2)Orders both dated 21 July 2004 issued by...
Promulgated on 2005-07-22

312. CA GR SP 90387: HEIRS OF PATRIA BERNARDO, et al., v. FRANKLIN AND RUDY MARIANO,
A circumspect examination of the instant petition for review shows the following defects warranting its outright dismissal: 1) The verification and certification of non-forum shopping was signed only by Evelyn D. Ignacio, as representative and attorney...
Promulgated on 2005-07-22

313. CA GR SP 76047: PROJECT MOVERS REALTY & DEVELOPMENT CORP., et al vs HONORABLE REBECCA R. MARIANO, et al
Before us is a petition for certiorari which seeks to nullify the Order of respondent Judge dated May 8, 2002 dismissing Civil Case No. 99-1415 for failure of petitioners to prosecute the same for an unreasonable length of time, as well as the Order da...
Promulgated on 2005-07-22

314. CA GR CV 64284: Abraham Ong Ching vs. Ma. Fe de Leon-Ching; RP
Before Us is an appeal which seeks to reverse and nullify the Order dated 13 July 1999 of the Regional Trial Court (RTC) of Pasay City, Branch 119, in Civil Case No. 97-0201 setting aside the Decision dated 23 March 1999 and granting the Petition for A...
Promulgated on 2005-07-22

315. CA GR SP 90293: PURIFICACION C. VELARDE,et al vs ALMA U. MASANGCAY
Before Us is a Petition for Review dated 13 July 2005 filed under Rule 42 of the 1997 Rules of Civil Procedure. A cursory perusal of the Petition shows that it is not accompanied by clearly legible duplicate original or certified true copy of the Judgm...
Promulgated on 2005-07-22

316. CA GR SP 75760: TOMAS S. AURE, JR. vs THE CIVIL SERVICE, et al
Is an officer of the Bangko Sentral ng Pilipinas (BSP), whose services were extended for a period of six (6) months after reaching his 65th birthday, entitled to longevity pay, BSP share to the Provident Fund Office contributions equivalent to 20% of t...
Promulgated on 2005-07-22

317. CA GR CR 24653: PEOPLE OF THE PHILIPPINES vs RENE ANTUERPIA
Before us is an appeal from the Decision of the Regional Trial Court, Branch 48, Urdaneta City, Pangasinan finding accused-appellant Rene Antuerpia guilty of the crime of frustrated murder with the use of an unlicensed firearm....
Promulgated on 2005-07-22

318. CA GR SP 64160: Arturo Sarmento vs. Lamberto Calara, Sr., etc.
By this petition for review, Arturo Sarmenta (or Sarmenta for brevity) assails the Decision of Branch 30 of the Regional Trial Court of Cabanatuan City (or RTC) in its Civil Case No. 3738, affirming the Decision of Branch 3 of the Municipal Trial Court...
Promulgated on 2005-07-21

319. CA GR SP 90427: DIAMOND OVERSEAS MANPOWER ENTERPRISES vs HON. RAUL T. AQUINO, et al.
Petitioner filed a Petition for certiorari with Motion for Issuance of Preliminary Injunction and Temporary Restraining Order dated 11 July 2005 under Rule 65 of the 1997 Rules of Civil Procedure. A Motion for Special Raffle and Urgent Motion for Issua...
Promulgated on 2005-07-21

320. CA GR SP 89368: Isabel Bagsic vs Dominador Roxas
For failure of the petitioner to file the required Petition for Review within the extended period granted which expired on May 22, 2005 as stated in the report of the Judicial Records Division dated June 29, 2005, the instant case is considered ABANDONED...
Promulgated on 2005-07-21

321. CA GR CV 83566: Sps. Dr. Edgardo S. Gonzales & Beatriz O. Gonzales vs. Gov. Jesus U. Typoco, Jr., etc.
On May 23, 2005, this Court issued a minute resolution requiring plaintiffs-appellants to pay the deficiency in their payment of the appellate docket and other legal fees in the sum of Thirty Pesos (P30.00) within a non-extendible period of five (5) da...
Promulgated on 2005-07-21

322. CA GR SP 89665: R & B Promo Services, etc. vs. N.L.R.C. & Henry R. Lira
This treats of the herein petition for certiorari, assailing the Resolutions of the NLRC in NLRC CA No. 041142-04 and NLRC NCR-00-10-11598-2003....
Promulgated on 2005-07-21

323. CA GR CV 84435: Innovative Educational Materials, Inc. vs .Leonor V. Modina
In an earlier Resolution (p. 7, Rollo), the Court directed defendantappellant to remit within 10 days from notice the amount of Ten Pesos (P10.00) to complete the payment for docket and other legal fees....
Promulgated on 2005-07-21

324. CA GR SP 80769: CITY OF MAKATI, represented by Mayor JEJOMAR C. BINAY and LUZ RYAMANE. vs. MANILA ELECTRIC COMPANY,
Before this Court is an appeal from the May 8, 2003 decision and the September 8, 2003 order of the Regional Trial Court of Pasig City, Branch 267 in Civil Case No. 68553 nullifying, for being contrary to the express provisions of the Local Government...
Promulgated on 2005-07-21

325. CA GR CV 83764: AUGUSTO S. BRIONES VS. REPUBLIC OF THE PHILIPPINES
Submitted for our consideration is a Motion To Withdraw Appeal filed by the Defendant-Appellant, through its counsel...
Promulgated on 2005-07-21

326. CA GR SP 68975: Lucila Gervacio vs. Sps. Emmanuel S. Hio, Sr., et al.
The petitioner Lucila Gervacio (or Gervacio hereafter) by this petition for certiorari seeks to nullify and set aside the Order dated October 1, 2001 of the respondent Hon. Benjamin Antonio (or Hon. Antonio), Presiding Judge of Branch 170 of the Regional...
Promulgated on 2005-07-21

327. CA GR CR 29055: Marsha Garcia vs People
Petitioner seeks reconsideration of Our Resolution dated April 5, 2005 which dismissed the petition on the following grounds:...
Promulgated on 2005-07-21

328. CA GR SP 89041: TIVOLI Royale Country Club, et al. vs NLRC, et al.
This pertains to the Motion for Reconsideration filed by the petitioners through counsel on 25 May 2005, seeking for the reconsideration of the Resolution dated 06 May 2005, the text of which reads:...
Promulgated on 2005-07-21

329. CA GR SP 53359: ANTONIO SY PENG ET. AL. VS. HON. PATROCINO R. CORPUZ, ET. AL.
Before this Court is a Petition for Certiorari which seeks to annul and set aside the Order dated February 8, 1999 issued by the Regional Trial Court (RTC), Branch 44, San Fernando, Pampanga, in Civil Case No. 11544 as well as its Order dated March 3...
Promulgated on 2005-07-21

330. CA GR SP 78695: ERIC A. ESCOBAR vs NATIONAL LABOR RELATIONS COMMISSION et al.,
Before us is the Petition for Certiorari filed by petitioner Eric A. Escobar ("Escobar") to annul and set aside the decision1 dated November 22, 2002 of the National Labor Relations Commission2 ("NLRC") and its Resolution dated June 27, 2003.3...
Promulgated on 2005-07-21

331. CA GR CV 61715: BANKARD, INC. VS. ANTONIO V. ACUÑA
Before this Court on appeal is the Decision dated March 26, 1998 issued by the Regional Trial Court (RTC), Branch 68, Pasig City, in Civil Case No. 65946 for damages...
Promulgated on 2005-07-21

332. CA GR SP 63299: JORIE T. TULBA, et al vs NLRC, et al
The petitioners, individuals who had worked as bus drivers, mechanics and conductresses for private respondent St. James School of Parañaque, hereby seek to nullify the decision dated June 21, 1999 rendered in NLRC CA No. 011969-96 entitled Jorie Tulba...
Promulgated on 2005-07-21

333. CA GR SP 62400: Martin Bartolome vs. Carmen Enverga-Santos, etc., et al.
Petitioner Martin Bartolome (or Bartolome brevity) in this petition for certiorari asks that the Decision dated October 30, 2000 (pp.13-22, rollo) of the Department of Agrarian Reform Adjudication Board (or DARAB) which AFFIRMED the Decision dated May 2...
Promulgated on 2005-07-21

334. CA GR SP 90189: Nagkakaisang Lakas, etc. et al. vs Sec. P. Sto. Tomas, et al.
This pertains to the Petition for Certiorari with prayer for Urgent Ex- Parte Temporary Restraining Order and Preliminary Injunction filed on 22 June 2005. (Rollo, p. 2)....
Promulgated on 2005-07-21

335. CA GR SP 90417: ANNA B. ENRIQUEZ VS. HON. BONIFACIO SANZ MACEDA, ET AL.
Upon examination of the allegations contained in the instant Petition for Annulment of Judgment, the Court finds that it contains no allegations of any of the twin grounds for annulment...
Promulgated on 2005-07-21

336. CA GR SP 88902: NATIONAL FOOD AUTHORITY VS. JUDGE ANASTACIO D. ANGHAD, ET. AL.
The instant 14 March 2005 Petition with prayer for the issuance of a temporary restraining order and writ of preliminary injunction is outrightly DISMISSED due to its procedural infirmities hereinafter discussed....
Promulgated on 2005-07-21

337. CA GR CV 82035: Benedicta Marcial, et al. vs BPI, et al.
This is an appeal from the Order dated June 20, 2003 of the Regional Trial Court of Marikina City, Branch 192 dismissing Civil Case No. 2002-803-MK for annulment of extrajudicial foreclosure and/or nullification of sale and the certificates of title and d...
Promulgated on 2005-07-21

338. CA GR SP 88370: Gloria Aguirre vs The Sec. of DOJ, et al.
This is a petition for certiorari and mandamus filed under Rule 65 seeking to reverse and set aside the Resolution dated February 11, 2004 dismissing petitioner's appeal from the resolution of the Office of the City Prosecutor of Quezon City which dism...
Promulgated on 2005-07-21

339. CA GR SP 89517: TRAC Corp., et al. vs Hon. Rosario Cruz, et al.
Assailed in this petition for certiorari under Rule 65 is the Resolution dated September 3, 2004 denying petitioners' Omnibus Motion (1) to declare the finality of Order of May 18, 1998; (2) opposition to the motion for issuance of a writ of execution;...
Promulgated on 2005-07-21

340. CA GR CR 28854: PEOPLE OF THE PHILIPPINES vs EUSEBIO BONGAT alias ?Boboy?
In our Resolution dated May 6, 2005, the appeal of accusedappellant was dismissed for failure to file an appellant?s brief....
Promulgated on 2005-07-21

341. CA GR SP 87216: SUSAN GALDONES vs NLRC, et al
This is an original action for certiorari under Rule 65 of the Rules of Court seeking to annul the resolution of public respondent NLRC dated March 24, 2004 and August 18, 2004 which affirmed in its entirety the earlier the findings of the Labor Arbite...
Promulgated on 2005-07-21

342. CA GR CR 29190: PEOPLE OF THE PHILIPPINES vs CANUTO GOMEZ
The Report dated July 7, 2005 of the Judicial Records Division discloses that no appellant?s brief has been filed by accused-appellant....
Promulgated on 2005-07-21

343. CA GR CV 82281: ROGELIO B. MARRERO vs THE REGISTRY OF DEEDS OF BAGUIO CITY,
Based on the report of the Judicial Records Division of this Court, no appellant?s brief has been filed despite notice to the appellant and its counsel and the lapse of the required period for the filing of the brief. Consequently, the appeal is deemed...
Promulgated on 2005-07-21

344. CA GR CV 82831: JOSE DE LEON of JGL AND ASSOCIATES vs. JOSE B. GATDULA
Challenged in this appeal is the Decision of the Regional Trial Court of Antipolo City, Branch 73, in Civil Case No. 98-4852, entitled "Jose G. De Leon, doing business under the name and style of JGL and Associates vs. Jose B. Gatdula", for breach of c...
Promulgated on 2005-07-21

345. CA GR CR 28521: PEOPLE OF THE PHILIPPINES vs LETECIA SANTOS Y CASIMIRO, ET AL.,
Per report of the Judicial Records Division dated July 6, 2005 and July 8, 2005, no appellant?s brief has been filed by accused Letecia Santos, Elena Mones and Jaime Lachica....
Promulgated on 2005-07-21

346. CA GR CV 84185: UNITED COCONUT PLANTERS BANK vs SPOUSES BERNARDO RECUYA, ET AL.,
Per report of the Judicial Records Division, no appellants? brief has been filed by counsel for defendants-appellants despite the lapse of the extended period. Hence, the Motion To Dismiss Appeal filed by counsel for plaintiff-appellee is GRANTED and t...
Promulgated on 2005-07-21

347. CA GR CV 65980: MICHAEL C. DIAZ, ETC VS. REPUBLIC OF THE PHILIPPINES
This is an appeal from the September 6, 1999 Decision of the Regional Trial Court of Batac, Branch 17, Ilocos Norte, in L.R.C. Case No. N-159-17...
Promulgated on 2005-07-21

348. CA GR SP 90313: BANCO DE ORO UNIVERSAL BANK (formerly DAO HENG BANK) vs DIGNA ROSALES, ENTERPRISE INC., ET AL.,
Without necessarily giving due course to the instant petition, private respondent is DIRECTED to file its Comment, not a Motion to Dismiss, on the petition within ten (10) days from notice hereof. It is understood that in the event the petition is give...
Promulgated on 2005-07-21

349. CA GR CV 52466: NATIONAL HOUSING AUTHORITY VS. LUISITO SARTE, ET. AL.
Subject of the appeal is the decision rendered by RTC Branch CIII of Quezon City...
Promulgated on 2005-07-21

350. CA GR CR 27325: PEOPLE VS. DOMINGO F. MANIQUIZ
This is an appeal from the July 27, 2001 Decision of the Regional Trial Court, Branch 6, Manila, in Criminal Case No. 99-170200...
Promulgated on 2005-07-21

351. CA GR CV 77856: GINA L. LEMQUE vs. EDGARDO DIONISIO,REPUBLIC OF THE PHILIPPINES,
Before this Court is an appeal from the decision of Branch 69, Regional Trial Court, Third Judicial Region, Iba, Zambales in Civil Case No. 1802-I ordering the dismissal of the complaint for annulment of marriage filed by herein plaintiff-appellant Gin...
Promulgated on 2005-07-21

352. CA GR CV 73709: SPOUSES MODESTO and NATIVIDAD REGLOS VS. MALLIG PLAINS RURAL BANK, ET AL
Before Us is an appeal from the order of the dismissal by the Regional Trial Court, Branch 23, Roxas, Isabela of Civil Case No. Br.23-649. The order reads: "In today's hearing, neither the plaintiffs nor their counsel appeared. However, there is a writt...
Promulgated on 2005-07-21

353. CA GR CV 83302: TOMAS A. TAN vs RURAL BANK OF BAMBAN (TARLAC), INC.,
Based on the report of the Judicial Records Division, no appellant?s brief has been filed by defendant-appellant Feliciano Velasco....
Promulgated on 2005-07-21

354. CA GR SP 85550: AUTOBUS TRANSPORT SYSTEMS,INC. et la., vs RAMON ALARILLA, et al.,
Before us is the petition for certiorari under Rule 65 of the Rules of Civil Procedure, as amended, filed by petitioners AUTO BUS TRANSPORT SYSTEMS, INC. ("AUTOBUS") and Ramon D. Baquiran ("Baquiran") assailing the Order1 dated October 15, 2003 ("the...
Promulgated on 2005-07-21

355. CA GR CV 84228: Sps. Teotimo and Myrna Ordoveza vs Tomas Co, et al.
Before this Court is a joint motion to dismiss appeal where both parties, assisted by their respective counsels manifest that they have amicably settled the above-entitled case among themselves and, therefore, now pray for the dismissal of the instant app...
Promulgated on 2005-07-21

356. CA GR SP 87493: Arnold David, et al. vs Hon. Omar Viola, et al.
This is a petition for certiorari under Rule 65 of the 1997 Rules of Civil Procedure, as amended, seeking to annul and set aside the Order dated August 29, 2002 issued by Honorable Omar T. Viola (hereafter respondent judge) of the Regional Trial Court (RT...
Promulgated on 2005-07-21

357. CA GR SP 89339: MHHR MANPOWER RECRUITMENT AND PLACEMENT AGENCY CORPORATION vs NLRC, et al.
This is a special civil action for certiorari under Rule 65 of the 1997 Rules of Civil Procedure, as amended, which seeks to set aside the Resolutions (should be decision and resolution) dated September 30, 2004 and January 31, 2005 of the National Labor...
Promulgated on 2005-07-21

358. CA GR SP 57107: PUMA SECURITY, ET. AL. VS. NLRC, ET. AL.
For consideration before this Court is a petition for certiorari under Rule 65 of the Rules of Court with prayer for the issuance of a temporary restraining order and/or writ of preliminary injunction...
Promulgated on 2005-07-21

359. CA GR CV 58455: ROVIRA ALCANTARA vs. AMBROCIO ROTAIRO, et al
This is an appeal from the decision of the Regional Trial Court, Branch 71, Antipolo City, which dismissed the action for recovery of possession of land instituted by Rovira Alcantara, on the ground that Ambrocio Rotairo, the purchaser on installment o...
Promulgated on 2005-07-21

360. CA GR SP 90391: FIRST COCONUT RURAL BANK,INC., vs CHIEF STATE PROSECUTOR JOVENCITO R. ZU?O, ET AL.,
It appears that the Verification and Certification against forum-shopping attached to the petition was signed by Mr. Hilario P. Soriano, representative of petitioner First Coconut Rural Bank, Inc. No secretary?s certificate, however, was attached to th...
Promulgated on 2005-07-21

361. CA GR CV 47934: BAGUIO LEISURE CORP., ET AL. VS. INSURANCE COMPANY OF NORTH AMERICA
Before this Court on appeal is the Decision dated March 21, 1994 issued by the Regional Trial Court (RTC), Branch 60, Makati City, in Civil Case No. 90-3165 and its Order dated November 14, 1994 denying the motion for reconsideration....
Promulgated on 2005-07-21

362. CA GR SP 81632: LA FILIPINA UY GONGCO CORP vs HON. SALVADOR H. ESCUDERO III, et al
This is a petition for review under Rule 43 of the 1997 Rules of Civil Procedure which seeks the reversal of the following issuances of the Office of the President: (1) its Decision dated June 26, 2003 in O.P. Case No. 98- B-8251 affirming the decision...
Promulgated on 2005-07-21

363. CA GR CV 62536: Sps. Modesto & Solita Teñoso vs. Alberto Alud-ud & Joselito Alud-ud
Assailed in this appeal is the Decision dated June 29, 1998 in Civil Case No. Br. 20-846 of Branch 20, Regional Trial Court, Cauayan, Isabela which declared null and void the deed of sale dated May 30, 1978 and deed of sale with assumption of mortgage dat...
Promulgated on 2005-07-20

364. CA GR CV 78658: ANNA TENG vs. HENRY TENG, et. al.
For resolution of this Court is the Motion to Dismiss (Rollo, pp. 157-166) filed by defendant-appellee Henry Teng asserting that defendant-appellant Ting Ping Lay committed forum shopping when he filed both the present appeal and a petition for certior...
Promulgated on 2005-07-20

365. CA GR CV 84374: RICARDO T. DE LEON, JR. VS. RONATO C. MALABANAN, ET AL.
In view of the failure of the defendants-appellants to file their Brief within the reglementary period despite receipt of the Notice To File Brief on April 8, 2005 per Judicial Records Division (JRD) Reports dated June 15, 2005 and July 19, 2005...
Promulgated on 2005-07-20

366. CA GR CV 78728: WESTMONT BANK vs. SPS. VIVIAN DRILON & GENE DRILON,
Before this Court is an ordinary appeal assailing the Decision dated 24 March 2003 rendered by Hon. Artemio S. Tipon of the Regional Trial Court, National Capital Judicial Region, Branch 46, Manila, in Civil Case No. 98-90033, entitled "Westmont Bank v...
Promulgated on 2005-07-20

367. CA GR SP 65453: National Power Corp. vs. Construction Industry Arbitration Commission, et al.
Amended Decision. This treats of the motion to resolve appeal filed by respondent Pirra Construction Enterprises (or PIRRA)....
Promulgated on 2005-07-20

368. CA GR SP 89308: RCBC, et al. vs Hon. Adoracion Angeles, et al.
This pertains to the Motion for Reconsideration filed by the petitioners through counsel on 01 June 2005, seeking for the reconsideration of the Resolution dated 09 May 2005, the text of which reads:...
Promulgated on 2005-07-20

369. CA GR CV 68519: SPS. TEDDY BARBERAN et al., vs PATRICIA LAPERAL,
Before us is the appeal filed by the plaintiffs-appellants Teddy Barberan, Aurora Barberan and Virginia Barberan (collectively, the "Barberans") from the Decision2 dated June 15, 2000 of the Regional Trial Court, Branch 3, Baguio City (the "lower court"...
Promulgated on 2005-07-20

370. CA GR CV 60728: AFP-Retirement and Separation Benefits System vs. Fortune Motors Corp., et al.
Before us is an appeal from the decision of the Regional Trial Court of Quezon City, Branch 224...
Promulgated on 2005-07-20

371. CA GR CV 84285: Sps. Victor & Evita Pernia vs UCPB, et al.
Records show that on 09 March 2005, the Judicial Records Division had sent the defendant-appellants the following notice to wit:...
Promulgated on 2005-07-20

372. CA GR CV 84211: FGU INSURANCE CORP. vs NEC Cargo Serv., et al.
On 04 March 2005, this Court issued a minute resolution, the text of which reads as follows:...
Promulgated on 2005-07-20

373. CA GR SP 79884: Oliver Flores vs SSS (Young Photo and Audio Center
This pertains to the petitioner's motion for reconsideration filed on 23 November 2004, seeking for the reconsideration of the Decision dated 29 October 2004, the decretal portion of which reads:...
Promulgated on 2005-07-20

374. CA GR CV 65427: ZENITH INSURANCE VS. MARIVIC ASTURIAS, ET. AL.
At bar is an appeal from the September 13, 1999 Decision of the Regional Trial Court, Branch 150, Makati City, dismissing Civil Case No. 97-1991 for damages filed by Zenith Insurance Corporation (appellant) against Marivic Asturias and Roberto Quinto...
Promulgated on 2005-07-20

375. CA GR SP 81052: GOLDQUEST INTERNATIONAL (LTD.), VS. ACTING CONSUMER ARBITRATION, ET AL
Assailed in this petition for certiorari under Rule 65 of the Revised Rules of Court are the November 5, 2003 and July 10, 2003 orders of the public respondent Acting Consumer Arbitration Officer Rodolfo B. Gilbang in Administrative Case No. 00-27, f...
Promulgated on 2005-07-20

376. CA GR SP 87086: Salvador A. Pleyto vs. PNP-CIDG
Only months after he was appointed Undersecretary of the Department of Public Works and Highways, Salvador Pleyto, a career officer who had been in the department for 37 years, came under a lifestyle check by the PNP Criminal Investigation and Detection G...
Promulgated on 2005-07-20

377. CA GR CV 27447: WGH LENDING INVESTOR, vs J O C E L Y N J O S E,
This is a petition for review filed by petitioner WGH Lending Investor, representing People of the Philippines, under Rule 42 of the Rules of Court seeking to set aside the decision dated May 16, 2003 of the Regional Trial Court of Tarlac in Criminal C...
Promulgated on 2005-07-20

378. CA GR CV 66443: ALFREDO B. VILLAREAL, ETC VS. FIVE STAR BUS COMPANY, ET. AL.
At bar is an appeal from the February 1, 1999 Decision of the Regional Trial Court, Branch 57, Angeles City, in Civil Case No. 7825...
Promulgated on 2005-07-20

379. CA GR CV 59214: Lamberto S. Claricia, Jr. vs. Orient Realty Corp.
This is an appeal from the Decision, dated May 16, 1997, rendered by the Regional Trial Court, Branch 154, Pasig City, the dispositive portion of which reads: "WHEREFORE, judgment is hereby rendered in favor of the plaintiff and against the defendant,...
Promulgated on 2005-07-20

380. CA GR CV 70770: REPUBLIC OF THE PHILIPPINES, vs ANGELO B. MALABANAN, ET AL.
DEFENDANTS-APPELLEES Angelo B. Malabanan, et al. move to dismiss the appeal filed by plaintiff-appellant Republic of the Philippines on the ground that it availed of the wrong mode of appeal....
Promulgated on 2005-07-20

381. CA GR SP 82751: Rudy Tesoro vs Winston Garcia
This pertains to the Motion for Reconsideration filed by respondent on 16 May 2005, seeking for the reconsideration of the Decision dated 11 April 2005, the decretal portion of which reads:...
Promulgated on 2005-07-20

382. CA GR SP 84078: Hrs. of the Late Angeles Arandid vs Hon. M. Mañalac, et al.
BEFORE US is a Motion for Reconsideration filed by the petitioners through counsel on 18 November 2004, seeking for the reconsideration of the Decision dated 29 October 2004, the decretal portion of which reads:...
Promulgated on 2005-07-20

383. CA GR SP 81971: Napoleon Rama, Jr. vs Hon. Edwin Sorsogon, et al.
BEFORE US is a motion for reconsideration filed by the petitioner through counsel on 23 November 2004, seeking for the reconsideration of the Decision dated 29 October 2004, the decretal portion of which reads:...
Promulgated on 2005-07-20

384. CA GR CV 81269: PRISCILLA ALMA JOSE VS. VIVENCIO CALADO
Defendant-appellant is appealing the Decision dated July 29, 2003 of the Regional Trial Court, Branch 10, Malolos, Bulacan in Civil Case No. 899-M-2002...
Promulgated on 2005-07-20

385. CA GR CV 84783: VERONICA LOPEZ DELA CRUZ vs. ROBERT S. DELA CRUZ
This Court issued a Resolution dated 16 June 2005 directing respondent-appellant to remit the lacking amount of P10.00 to complete his payment of the required docketing fees, within five (5) days from notice thereof, otherwise, the appeal will be dismi...
Promulgated on 2005-07-20

386. CA GR SP 78964: DANIEL JARAPA, et al vs NLRC, et al
The Notice of Change of Address filed by Pineda, Romaquin & Beltran Law Office, as counsel for the private The Notice of Change of Address filed by Pineda, Romaquin & Beltran Law Office, as counsel for the private respondent, giving notice that it has...
Promulgated on 2005-07-20

387. CA GR SP 87707: FELIMON R. CUEVAS VS. SECRETARY OF JUSTICE AND CESAR T. QUIAMBAO
Before this Court is a petition for Certiorari under Rule 65 of the Rules of Court which seeks to annul and set aside the resolution dated August 31, 2004 issued by public respondent Secretary of Justice in I.S. No. 03F- 16680...
Promulgated on 2005-07-20

388. CA GR SP 88697: PBA Commisioner Jose Emmanuel Eala, et al. vs. Q.C. RTC Br.222 Judge R. Pizarro, Pauliasi M. Taulava
This Petition for Certiorari filed under Rule 65 of the 1997 Rules of Civil Procedure seeks to annul and set-aside the following Orders issued by public respondent Judge Rogelio M. Pizarro of the Regional Trial Court, Branch 222, Quezon City in Civil C...
Promulgated on 2005-07-20

389. CA GR SP 89859: JAIME T . DEE, et al vs. SECRETARY OF JUSTICE AND ANTONIO HUANG
petitioner Ramon S. Miranda has not shown any authority to sign the verification and certification of nonforum shopping for and in behalf of petitioners Artemio U. Tuazon, Jr. and Constancio S. Mangoba, Jr., and considering that the petition is not ac...
Promulgated on 2005-07-20

390. CA GR SP 88540: NATIONAL FOOD AUTHORITY, et al vs SAMUEL M. AFUANY, ET AL.
THE petition for certiorari faces outright dismissal....
Promulgated on 2005-07-20

391. CA GR SP 87860: ELENA C. CAMENA VS NATIONAL LABOR RELATIONS,COMMISSION (Third Division),ET AL
Before this Court is a Petition for Certiorari dated 08 November 2004 filed under Rule 65 of the 1997 Rules of Civil Procedure assailing the Resolutions dated 30 June 2004 and 13 October 2004 issued by the National Labor Relations Commission (Third Div...
Promulgated on 2005-07-20

392. CA GR CV 36410: ACCORD INTERNATIONAL, INC. vs ELECTRO MECHANICAL TRADING CO., et al
EXEMPLARY damages are imposed by way of example or correction for the public good, when the party to a contract acts in wanton, fraudulent, oppressive or malevolent manner....
Promulgated on 2005-07-20

393. CA GR SP 56847: RITZ MANPOWER SERVICES/ RITA G. GAGUI vs NLRC(Third Division) and RICHARD O. PONCE
Before this Court is a Petition for Certiorari dated 27 January 2000, filed by Ritz Manpower Services ("Ritz", for brevity) under Rule 65 of the 1997 Rules of Civil Procedure, assailing the Resolutions of the National Labor Relations Commission (Third...
Promulgated on 2005-07-20

394. CA GR SP 78313: H. Factor Marketing and Trading Corp. vs. Hon. Hilario F. Corcuera, et al.
For consideration before this Court is a Petition for Certiorari, Prohibition and Mandamus under Rule 65 of the Revised Rules of Court seeking to annul the Order of the court a quo, dated June 6, 2003 regarding the issuance of Search Warrants Nos. 2003-0...
Promulgated on 2005-07-20

395. CA GR CV 76186: HAZEL B. DE CASTRO, VS. PAUL ALLAN M. ABAYON ET AL.,
Subject of the present appeal is the July 18, 2002 decision of the Regional Trial Court of Pasig City, Branch 69, in JDRC No. 4277, declaring the marriage between the petitioner Hazel B. De Castro and the respondent Paul Allan M. Abayon to be null and...
Promulgated on 2005-07-20

396. CA GR SP 88427: Sps. Jaime Indiana, et al. vs Hon. Rolando How, et al.
Before this Court is a Petition for Annulment of Judgment, Writ of Possession and Notice to Vacate With Prayer for Temporary Restraining Order and Preliminary Injunction filed by petitioners under Rule 47 of the 1997 Rules of Civil Procedure on February...
Promulgated on 2005-07-20

397. CA GR CV 82608: Elpidio Peralta vs. Pepito Salangsang
For this Court's Resolution are: 1) Appellant's Motion for Additional Time to file brief dated 18 April 2005; 2) Appellee's Manifestation and Motion dated 21 April 2005; 3) Appellant's Last Motion for Additional Time to file brief dated 3 May 2005;...
Promulgated on 2005-07-20

398. CA GR SP 74277: Manila Electric Co. vs. Hon. N.C. Perello, et al.
Impugned in this petition for certiorari is the October 16, 2002 Order of the Regional Trial Court of Muntinlupa City, Branch 276, granting private respondents Spouses Reynaldo and Lydia Garcia's application for a writ of preliminary mandatory injunction...
Promulgated on 2005-07-20

399. CA GR CR 26529: PEOPLE V. RAMIL FRANCISCO,
Accused-appellant Ramil Francisco (or "appellant") appeals from the Decision of the Regional Trial Court of Morong, Rizal, Branch 80, in Criminal Case No. 00-3894-M, convicting him of illegal possession of 0.05 gram of shabu in violation of Section 16...
Promulgated on 2005-07-20

400. CA GR CV 73640: ALEJANDRO BARRAQUIO v. CONSORCIA OLIVAREZ,et al
Sought to be set aside in the instant appeal is the Compromise Agreement dated 08 December 2000 entered into by and between Alejandro Barraquio and Consorcia Olivarez on the basis whereof a Judgment dated 02 August 2001 was entered in Civil Case No. Sp...
Promulgated on 2005-07-20

401. CA GR SP 83715: SALVADOR CARPO, vs. GOVERNMENT SERVICE INSURANCE SYSTEM,et. al.
This is a review of the Decision of the Employees Compensation Commission (ECC) dated March 10, 2004, which affirmed the denial by the Government Service Insurance System (GSIS) of petitioner's claim for compensation benefits for the death of his wife...
Promulgated on 2005-07-20

402. CA GR SP 71181: UNITED CHURCH OF CHRIST IN THE PHILIPPINES VS. HON. PLACIDO C. MARQUEZ, ET AL.,
This is a petition for certiorari challenging the orders of the public respondent judge dated March 14, 20022 and April 25, 2002,3 involving a civil case for Quieting of Title and/or Cancellation of Sale at Public Auction docketed in the court a quo as...
Promulgated on 2005-07-19

403. CA GR CV 56688: TEOFILA ILAGAN MENDOZA, ET. AL. VS. CALATAGAN RURAL BANK, INC., ET. AL.
Before the Regional Trial Court of Batangas (Balayan, Branch 10) were consolidated actions for injunction and damages, with an application for temporary restraining order (or "TRO") and preliminary injunction, both filed on August 20, 1986...
Promulgated on 2005-07-19

404. CA GR SP 78991: ABS CBN Broadcasting Corp. vs. Hon. Manuel G. Imson
In order to underscore the protection given by the Constitution to the working class, Republic Act No. 6727 otherwise known as the "Wage Rationalization Act" was enacted in 1989. Rep. Act 6727 amended the provisions of the Labor Code on wages, created th...
Promulgated on 2005-07-19

405. CA GR CV 62392: RIZAL SURETY & INSURANCE CO. VS. SEAQUEST LINE. ET. AL.
Before Us is an appeal from the January 7, 1999 Decision of the Regional Trial Court (RTC), Branch 139, Makati City, dismissing Civil Case No. 95-328, filed by Rizal Surety & Insurance Company (plaintiffappellant) against Seaquest Line and LEP Internat...
Promulgated on 2005-07-19

406. CA GR CR 00665: PEOPLE OF THE PHILIPPINES vs. NEIL BALUYOT y TABISORA, et al.
Appellants Neil Baluyot, Richard Delos Trino, Herminio Jose, Edwin Soriano, Marcelo Bustamante, Carlito Lingat and Elmer Salvador, seek a reversal of the Decision of Branch 109 of the Regional Trial Court in Pasay City dated March 17, 2000 holding them...
Promulgated on 2005-07-19

407. CA GR CV 52716: The Director of Lands, et al vs. Luciana Abadilla, etc.
Appeal by writ of error from the Decision of the Regional Trial Court of Laoag City, Branch 16, in Cadastral Case No. 30 (LRC Rec. No. 1172)....
Promulgated on 2005-07-19

408. CA GR SP 89380: SAMEER Overseas Placement Agency vs NLRC, et al.
This pertains to the petitioner's motion for reconsideration filed by the counsel on 01 June 2005, seeking for the reconsideration of the Resolution dated 10 May 2005, the text of which reads:...
Promulgated on 2005-07-19

409. CA GR CR 00929: People of the Philippines vs. Diomedes Barcellano
Appeal by writ of error from the Joint Decision of the Regional Trial Court of Malabon, Metro Manila, Branch 170, in Criminal Cases Nos. 18273-MN to 8276-MN....
Promulgated on 2005-07-19

410. CA GR CV 82920: SHERLITA PADACA VDA. DE RUIZ, ET. AL. VS. THE HEIRS OF DECEASED MELANIO AGUNIAS y ERESE, 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 2005-07-19

411. CA GR SP 86868: DEL PILAR ACADEMY EMPLOYEES UNION vs NATIONAL LABOR RELATIONS COMMISSION, DEL PILAR
Petitioner Del Pilar Academy Employees Union is the certified collective bargaining unit of private respondent Del Pilar Academy, a private educational institution operating in Imus, Cavite.1 Private respondents Eduardo Espejo is the President...
Promulgated on 2005-07-19

412. CA GR CV 64279: Solgus Corp. vs. National Food Authority, etc.
Appeal from the March 26, 1999 Decision and July 23, 1999 Order of the Regional Trial Court (Branch 104, Quezon City) in Civil Case No. Q-98-33180 entitled "Solgus Corporation, Etc., Plaintiff, versus National Food Authority, Defendant" for Collection of...
Promulgated on 2005-07-19

413. CA GR SP 82893: Nestle Philippines, Inc. vs. Hon. Filemon Montenegro, etc., et al.
The following relevant antecedents are culled from the pleadings: Sometime in June 2002, herein petitioner Nestle Philippines, Inc. (NPI for short) conducted a promotional raffle denominated as "Sarap Swerte Suking Tindahan Promo," which required its co...
Promulgated on 2005-07-19

414. CA GR CV 56015: Celerina Aloria, et al. vs. ELIAS DEL ROSARIO
Appeal from the decision of the Regional Trial Court of Biñan, Laguna in Civil Case No. B-3850....
Promulgated on 2005-07-19

415. CA GR CV 56224: Ofelia Bartolo vs Joselito Andan, et al.
BEFORE US is a motion for reconsideration filed by counsel for the defendant-appellants on 02 September 2003, seeking for the reconsideration of the Decision dated 25 August 2003, the dispositive portion of which reads:...
Promulgated on 2005-07-19

416. CA GR CV 58623: DR. JOCELYNA E. BACUS VS. MANALILI PRESSMAN PRINTING MACHINERIES, ET. AL.
On appeal by defendants Manalili Pressman Printing Machineries (Manalili Pressman) and Felix M. Manalili is the Decision dated November 11, 1997 of the Regional Trial Court of Quezon City, Branch 103...
Promulgated on 2005-07-19

417. CA GR SP 80851: PHILIPPINE BANK OF COMMUNICATIONS vs. PHILIPPINE BANK OF COMMUNICATIONS,
This is a petition for review from the grievance case initiated by 31 employees of service contractors assigned at the different branches in the Visayas and Mindanao of respondent Philippine Bank of Communications (PBC) due to the bank?s refusal to re...
Promulgated on 2005-07-19

418. CA GR CR 00211: People of the Philippines vs. Mariano Abuan Y Cabinta, et al.
In separate but similarly worded Informations, the appellants Mariano Abuan y Cabinta (or hereafter Abuan), Jimmy Dacallos y Espino (or Dacallos) and Manuel Revilla y Helera (or Revilla) were charged with Rape allegedly committed....
Promulgated on 2005-07-19

419. CA GR CR 28164: People vs. Ernesto de Leon, et al.
On appeal before this Court is the Decision dated 30 October 2003 of the Regional Trial Court of Agoo, La Union, Branch 31, finding accused ERNESTO DE LEON y Melanes (ERNESTO) and ROLLIE ASPURIA y Carera (ROLLIE) guilty beyond reasonable doubt of the c...
Promulgated on 2005-07-19

420. CA GR SP 88510: DIONISIO G. BUENA vs ARCHITECT RUFINO M. VILLANUEVA, JR., 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 Resolution dated September 30, 2004 rendered by public respondent National Labor Relations Commission ("NLRC" for brevity) which af...
Promulgated on 2005-07-19

421. CA GR CV 82259: SPS. TERESITA RACAN, et. al vs. SPS. JACQUELINE RAMIREZ-GIRON, et al.
For failure of defendants-appellants to file a brief within the reglementary period, the appeal is considered abandoned and is accordingly DISMISSED pursuant to Sec. 1(e), Rule 50 of the 1997 Rules of Civil Procedure....
Promulgated on 2005-07-19

422. CA GR CV 83782: Sps. Eduardo and Rebecca A. Cruz vs. Editha Thelma D. Castaneda, et al.
Despite receipt of this Court's Resolution dated 12 May 2005, plaintiff-appellants failed to proffer valid explanation for the late filing of their brief. Section 1(h), Rule 50 of the 1997 Rules of Civil Procedure provides:...
Promulgated on 2005-07-19

423. CA GR CR 28265: PEOPLE VS. ROLANDO GARCIA Y DE GUZMAN
The instant Appeal is DISMISSED for failure of accusedappellant to file the required Appellant's Brief despite the extended period given him, on authority of Section 8, Rule 124 of the Revised Rules of Court....
Promulgated on 2005-07-19

424. CA GR CR 00546: People of the Philippines vs. Joven Peña Y Bobis
The accused Peña is instead found Guilty beyond reasonable doubt of the felony of Homicide....
Promulgated on 2005-07-19

425. CA GR CV 82699: Virgilio Orpiada, Sr. vs. Josefa Lim Sy
Appellant was already granted a total extension of One Hundred Fifty Eight (158) days until 1 May 2005 (Sunday and holiday) within which to file brief. The last Resolution granting appellant's Motion for Extension carried a caveat, definitely for the la...
Promulgated on 2005-07-19

426. CA GR CV 64292: BPI Family Savings Bank, Inc. vs. Sps. Ray and Lourdes Dorado
On 15 August 1994, defendant-appellant Lourdes Dorado bought a Toyota Tamaraw Wagon from Toyota Alabang, Inc. (Toyota) payable in monthly installments....
Promulgated on 2005-07-19

427. CA GR CV 57628: Municipality of Tayum vs. Asset Privatization Trust, et al.
This is an appeal from the 18 January 1997 Decision of the Regional Trial Court of Bangued, Abra, Branch 2, in Civil Case No. 1235 which is a complaint for collection of unpaid real property taxes...
Promulgated on 2005-07-19

428. CA GR SP 87915: ONDEO NALCO (Phils.) vs NLRC, et al.
This is a special civil action for certiorari under Rule 65 of the 1997 Rules of Civil Procedure, as amended, which seeks to set aside the Decision dated July 21, 2004 and Resolution dated October 6, 2004 of the National Labor Relations Commission (here...
Promulgated on 2005-07-19

429. CA GR CV 80887: Sps. Abiner C. Geocada & Elizabeth A. Lachenal-Geocada, et al. vs. Daniel Hebron
Challenged in this appeal is the Decision of the Regional Trial Court of Marikina City (or RTC for brevity) in a suit for Damages with Prayer for Temporary Restraining Order and/or Preliminary Injunction filed by the appellants spouses....
Promulgated on 2005-07-19

430. CA GR CV 83710: SPS. LEONARDO B. GOCO, et al vs. SPS. WILFREDO P. CARREON
For failure of defendants-appellants to file a brief within the reglementary period, the appeal is considered abandoned and is accordingly DISMISSED pursuant to Sec. 1(e), Rule 50 of the 1997 Rules of Civil Procedure....
Promulgated on 2005-07-19

431. CA GR SP 87078: Dela Rosa Transit Corp., et al. vs. Felizardo Osorio, et al.
This Petition for Certiorari under Rule 65 of the Revised Rules of Court seeks to reverse and set aside the Decision dated 22 December 2003 of the National Labor Relations (NLRC) reversing and setting aside the Labor Arbiter's Decision dated 13 Februar...
Promulgated on 2005-07-19

432. CA GR SP 88284: FRANCISCO G. BRACEWELL VS. NATIONAL POLICE COMM. ETC
For failure of the plaintiff-appellant to file his memorandum within the prescribed period, despite receipt of this Court's notice on February 6, 2004 as shown in the tracer reply attached to the records, the appeal is considered ABANDONED, and accordi...
Promulgated on 2005-07-19

433. CA GR SP 90411: Toyota Alabang, Inc. vs NLRC, et al.
Before this Court is a petition for certiorari with prayer for temporary restraining order and preliminary injunction filed by petitioner on 15 June 2005....
Promulgated on 2005-07-19

434. CA GR SP 89541: BAGUIO COUNTRY CLUB CORPORATION vs PRESIDING JUDGE CLIFTON U. GANAY et al.,
Before us is the petition for certiorari filed under Rule 65 of the Rules of Court by Baguio Country Club Corporation (the "petitioner"), assailing for having been issued with grave abuse of discretion the Order dated March 21, 2005 (the "assailed order...
Promulgated on 2005-07-19

435. CA GR SP 87459: ARJAY DE GUZMAN GAJASA, et al vs EUFEMIA VERGARA, et al
This is a petition for Habeas Corpus under Rule 102 of the Revised Rules of Court filed on 18 November 2004 with a supplication that the respondents be directed to appear and to produce the bodies of Arjay D. Gajasa, son of herein petitioner Consorcia...
Promulgated on 2005-07-19

436. CA GR SP 90414: TERESITA CHAN, vs RAMONA-DULOG-MATIBAG
There being no written explanation as to why the service of copy of the petition to the respondents and their counsels was done by mail instead of personal service, the petition is DENIED due course....
Promulgated on 2005-07-19

437. CA GR SP 87783: Mr. Caesar M. Ordonez, Jr. vs. N.L.R.C. & Philippine Stock Exchange, Inc.
Challenged in this Petition for Certiorari under Rule 65 of the 1997 Rules of Civil Procedure are: (1) the June 17, 2004 decision of public respondent National Labor Relations Commission, 2nd Division in NLRC NCR 00-06-06868-02 (CA No. 036559-03), which a...
Promulgated on 2005-07-19

438. CA GR SP 87456: Capital Rural Bank of Makati, Inc., etc., vs. Hon. Ma. Merceditas N. Gutierrez & Virgilio Cervantes
Challenged in this Petition for Certiorari and Prohibition is the March 26, 2004 Resolution of the Public Respondent in connection with I.S. No. 02-R-20560-76 (For: Estafa); and its August 23, 2004 Resolution dismissing Petitioner's Motion for Reconsider...
Promulgated on 2005-07-19

439. CA GR SP 74295: Genalyn Pastores, etc. vs. Rolando Abonador
Appeal, by Petition for Review, from the August 6, 2002 Decision of the Regional Trial Court (Branch 39, Calapan City, Oriental Mindoro) in Civil Case No. R-5068, entitled "Genalyn Pastores, represented by her attorney-in-fact Rogelio Madrigal, Plaintiff...
Promulgated on 2005-07-19

440. CA GR SP 87099: Salvacion Rosana vs. Manotok Services, Inc.
In this Petition for Review under Rule 42 of the 1997 Rules of Civil Procedure, petitioner seeks the setting aside of the Decision and Order of the Regional Trial Court, Branch 26, Manila (RTC, for brevity) which affirmed the Decision of the Metropolitan...
Promulgated on 2005-07-19

441. CA GR CV 61095: ERGONOMIC Systems, Phils. vs Emmanuel Motus
This is an appeal under Rule 41 of the 1997 Rules of Civil Procedure, as amended, from the Decision dated May 6, 1998, rendered by the Regional Trial Court (hereafter RTC), Branch 139, Makati City, in Civil Case No. 95-1044 for Recovery of Damages, the di...
Promulgated on 2005-07-19

442. CA GR SP 87966: THE H.D. LEE CO. INC., vs EMERALD GARMENTS MFG., CORP.,
The Memorandum of petitioner, though filed twenty-nine (29) days late, is hereby ADMITTED....
Promulgated on 2005-07-18

443. CA GR CV 80764: TEOFILO DELA CRUZ vs. MARIA SILVESTRE and HON. HENRY L. DOMINGO
This is an ordinary appeal from the Order dated July 28, 2003 (p. 387, Records) issued by the Regional Trial Court of Malolos, Bulacan, Branch 12, dismissing Civil Case No. 554-M-2002,...
Promulgated on 2005-07-18

444. CA GR SP 90012: REYNALDO LEONARDO et al., vs SOCOR BATCHING PLANT, INC., et al.,
The records show that the petition in caption suffers from the following deficiencies:...
Promulgated on 2005-07-18

445. CA GR SP 89965: VICTOR DE JESUS, ET AL., vs HEAVENLY GARDEN DEVELOPMENT CORP., and D.A.R.A.B
Counsel for petitioners failed to indicate his office address in the petition he filed. However, the address of petitioners was mentioned thereat....
Promulgated on 2005-07-18

446. CA GR CV 83179: UTILITY CAPITAL AND CREDIT CORPORATION vs SPS. REYNALDO R. VILLANUEVA, ET AL.,
Per report of the Judicial Records Division dated June 29, 2005, defendants-appellants have not remitted the amount necessary to complete the payment of the docket fees despite our Resolution of October 21, 2004 requiring them to do so....
Promulgated on 2005-07-18

447. CA GR CV 68500: Rogelio M. Abuan, et al. vs. Heirs of Agustin Garcia and Soledad Hipolito; et al.
Challenged in this appeal is the Decision dated January 28, 2000 of the Regional Trial Court of Lingayen, Pangasinan, Branch 37, in Land Reg. Case No. 3917, LRA Rec. No. N-63386...
Promulgated on 2005-07-18

448. CA GR CV 84080: Urban Skills & Allied Services, Corp. vs. Australia Cylinder Corp.
No appellant's brief having been filed by defendant-appellant within the reglementary period which expired on April 4, 2005, despite notice, the case is considered ABANDONED and, accordingly, DISMISSED pursuant to Section 1 (e), Rule 50 of the 1997 Rul...
Promulgated on 2005-07-18

449. CA GR CV 56863: EX-BATAAN VETERANS SECURITY AGENCY, INC vs ASSET PRIVATIZATION TRUST
This is an appeal from the Decision of the Regional Trial Court, Branch 78, Quezon City, the dispositive portion of which reads: "WHEREFORE, judgment is hereby rendered in favor of the plaintiff and against the defendant Pantranco North Express, Inc., ...
Promulgated on 2005-07-18

450. CA GR CR 01077: PEOPLE OF THE PHILIPPINES vs ZOSIMO AGUILA y ATIENZA
Before this Court for intermediate review is the Decision dated 22 July 2002, promulgated by the Regional Trial Court, Fourth Judicial Region, Lipa City, Branch 12, in the case entitled, "People of the Philippines vs. Zosimo Aguila y Atienza," docketed...
Promulgated on 2005-07-18

451. CA GR CV 59509: SPOUSES JOSEFINO and CRISTINA ALVAREZ VS. VIRGILIO SUNDIA, ET. AL.
Before this Court on appeal is the Decision dated April 1, 1997 of the Regional Trial Court (RTC), Branch 71, Pasig City, in Civil Case No. 58769...
Promulgated on 2005-07-18

452. CA GR SP 46166: CLEMENTE C. CABEBE VS. BERNABE VILLANOS, ET. AL.
Before this Court is a Petition for Review under Rule 43 of the Rules of Court of the Decision dated June 17, 1997 issued by the Department of Agrarian Reform Adjudication Board (DARAB), Diliman, Quezon City...
Promulgated on 2005-07-18

453. CA GR CV 74729: CIRIACO G. AIROSO vs REPUBLIC OF THE PHILIPPINES
This is an appeal by the Republic of the Philippines from the Order dated July 31, 2001 of the Regional Trial Court, Branch 18, Tagaytay City directing the Register of Deeds for the Province of Cavite to annotate the correct and complete technical desc...
Promulgated on 2005-07-18

454. CA GR SP 82135: OROVILLE DEVELOPMENT CORP. VS. DEPARTMENT OF AGRARIAN REFORM
Amended Decision. In its Decision dated March 13, 2005, this Court denied the herein petition for review under Rule 43 of the Rules of Court and affirmed the appealed Decision dated June 27, 2003 and Resolution dated December 29, 2003 of the Office of...
Promulgated on 2005-07-18

455. CA GR CV 73481: PHOEBE WAKAT VS. FELINO GAO-AY
This is an appeal from the Decision dated December 10, 2001 of the Regional Trial Court, Branch 60, Baguio City in Civil Case No. 3698-R for Recovery of Possession and Damages...
Promulgated on 2005-07-18

456. CA GR SP 89561: LOURDES C. RIVERA VS. PRESIDENTIAL ANTI-ORGANIZED CRIME COMMISSION SPECIAL PROJECTS GROUP
In view of the failure of the petitioner-appellant to file her memorandum within the prescribed period per Judicial Records Division (JRD) Report dated July 12, 2005, the instant appeal is hereby DISMISSED pursuant to Section 10, Rule 44 of the 1997 Rul...
Promulgated on 2005-07-18

457. CA GR SP 89945: HEIRS OF SPS. HILARIO AND BERNARDINA MARINAS VS. BERNARDO FRIANEZA
A careful scrutiny of the instant petition for review reveals the following infirmities: 1. It is not accompanied by copies of such material portions of the record and other supporting papers...
Promulgated on 2005-07-18

458. CA GR CV 71881: BIBIANA B. PANOZA VS. REPUBLIC OF THE PHILIPPINES
On appeal is the Decision dated July 30 2001 of the Regional Trial Court, Branch 106, Quezon City granting the petition for declaration of presumptive death of Ricardo G. Medina....
Promulgated on 2005-07-18

459. CA GR SP 90366: MAYNILAD WATER SUPERVISORS ASSO. VS. HON. JUDGE REYNALDO B. DAWAY, ET. AL.
Before Us is a Petition for Certiorari with prayer for the issuance of a temporary restraining order and/or writ of preliminary injunction which seeks to annul and set aside the Order dated June 1, 2005 issued by the Regional Trial Court (RTC) of Quezo...
Promulgated on 2005-07-18

460. CA GR SP 90199: GLORIA GUIYAB and DINDO GUIYAB VS. DR. SERGIO SIMANGAN, ET. AL.
Subject to its timeliness, petitioners' Motion for Extension of Time to File Petition for Review is GRANTED and the Petition filed on June 16, 2005 is ADMITTED....
Promulgated on 2005-07-18

461. CA GR CV 71208: Mercedes Luna Tanquintic vs. Renato y Tanquintic; RP
At bench is an appeal from the Decision dated 12 July 2001 of the Regional Trial Court (RTC) of Quezon City, Branch 107, voiding the marriage of petitioner and respondent on the ground of psychological incapacity under Article 36 of the Family Code....
Promulgated on 2005-07-18

462. CA GR SP 88232: INNODATA PHILIPPINES, INC. vs. NATIONAL LABOR RELATIONS, et al.
The herein controversy traces its roots from the consolidated complaints for illegal dismissal with claims for damages and attorney's fees...
Promulgated on 2005-07-18

463. CA GR SP 86792: SPOUSES ERLINDA and ISAGANI GAITE vs. HON. JUDGE CORAZON A. TORDILLA, et al.
Challenged in this Petition for Certiorari under Rule 65 of the 1997 Rules of Civil Procedure, as amended, is the Order dated September 21, 2004 (p. 67, Rollo) issued by Branch 24 of the Regional Trial Court of Naga City in Other Spec. Proc. No. 2003-0...
Promulgated on 2005-07-18

464. CA GR CR 00917: PEOPLE OF THE PHILIPPINES vs. YVONNE PIALAN
This is an appeal from the decision dated September 19, 2003 of the Regional Trial Court (RTC), Branch 116 of Pasay City in Criminal Case No. 03-0517, which found accused Yvonne Pialan y Delos Santos guilty beyond reasonable doubt of violating paragra...
Promulgated on 2005-07-18

465. CA GR SP 88009: FIRST VICTORY SHIPPING SERVICES, et. al. vs. ALEXANDER J. MASMUD, et. al.
This petition for certiorari seeks to annul and set aside the following issuances of public respondent National Labor Relations Commission in NLRC NCR CA NO. 038704-04...
Promulgated on 2005-07-18

466. CA GR SP 63710: Monica D. Al-Ghamdi vs. Bank of the Philippine Islands
Before this Court is a Petition for Review of the Order dated 6 February 2001 issued by the Regional Trial Court, Branch 131 of Caloocan City. Said order denied petitioner's Motion for Reconsideration of the decision allowing and granting the issuance o...
Promulgated on 2005-07-18

467. CA GR SP 57528: Ramon B. Formantes vs. N.L.R.C. & Duncan Pharmaceuticals, Inc.
This is a Petition for Certiorari from a decision rendered by the National Labor Relations Commission Second Division in NLRC NCR CA 010480-96 (NLRC RAB 1-0153-94) entitled Ramon B. Formantes v Duncan Pharmaceuticals Philippines, Inc....
Promulgated on 2005-07-18

468. CA GR SP UDK 5355: ROGELIO NICOLAS, et al. vs. HON. JUDGE RAUL E. DE LEON, et al.
This Court is not convinced that petitioners should be allowed to litigate as an indigent party under Section 21 of Rule 3 of the Rules of Court, simply on the basis of a Certification of Non-Property (pp. 5-6, Rollo) especially when petitioners are be...
Promulgated on 2005-07-18

469. CA GR CR 28420: PEOPLE OF THE PHILIPPINES vs. WILFREDO FLORES y BAUTISTA
This is an appeal from the joint decision dated 12 February 2004 of the Regional Trial Court, Branch 145, Makati, finding accused-appellant Wilfredo Flores guilty beyond reasonable doubt of the crime of robbery in Criminal Cases Nos. 03-1504, 03-1505...
Promulgated on 2005-07-18

470. CA GR CV 70907: MATHILDE OLONDRIZ etc. VS. OSCAR CARPO
May the earnest money paid by the buyer to the owner of a realty who issued a receipt therefor be sufficient to constitute a perfected contract of sale, although the balance of the purchase price was not fully paid on time due to the alleged failure to...
Promulgated on 2005-07-18

471. CA GR SP 88493: Amelia M. Borja vs. Hon. Director of Bureau of Labor Relations, et al
Challenged in this petition for certiorari (with prayer for preliminary injunction and/or temporary restraining order), as tainted with grave abuse of discretion, amounting to lack or excess of jurisdiction, are: (1) The Decision dated December 29, 200...
Promulgated on 2005-07-18

472. CA GR SP 88914: MANILA MINING CORPORATION, et. al. vs. NLRC, et. al.
Before this Court is the Manifestation filed by petitioners, through counsel, with the Compromise Agreement entered into by both parties and assisted by their respective counsels....
Promulgated on 2005-07-18

473. CA GR CV 67207: LUIS REYES PASTOR vs VALENTIN MOVIDO substituted by MARGINITO MOVIDO
The plaintiff appeals the adverse decision rendered on December 16, 1999 in Civil Case No. 1477-97 entitled Luis Reyes Pastor v. Valentin Movido of the Regional Trial Court (RTC), Branch 22, in Imus, Cavite....
Promulgated on 2005-07-18

474. CA GR SP 85282: SPOUSES WILSON DY HONG PI and LOLITA DY, et al vs HON. NAPOLEON INOTURAN, et al
A party may challenge the jurisdiction of the Court over his person by making a special appearance through a motion to dismiss or even a motion for inhibition as long as both raise the issue of invalidity of service of summons. Under the new Rules, th...
Promulgated on 2005-07-18

475. CA GR CR 29136: PEOPLE VS. CRISTINO CUSTODIO y BERNAL
On April 20, 2005, this Court required accused-appellant Cristino Custodio y Bernal to file within thirty (30) days from receipt thereof seven (7) legible copies of his brief...
Promulgated on 2005-07-18

476. CA GR SP 85386: Gregorio Araneta University Foundation vs. N.L.R.C. & Rodolfo Carpina, et al.
Via this petition for certiorari, with urgent prayer for the issuance of a temporary restraining order and/or writ of preliminary injunction, the Gregorio Araneta University Foundation (GAUF for brevity) assails, as tainted with grave abuse of discret...
Promulgated on 2005-07-18

477. CA GR CR 00518: THE PEOPLE OF THE PHILIPPINES vs CARLOS LAGAYAN Y SALVIEJO
Carlos Lagayan y Salviejo appeals the decision dated July 7, 2000 rendered by the Regional Trial Court (RTC), Branch 6, Baguio City, finding him guilty beyond reasonable doubt in Criminal Case No.16528-R, for corruption of public officials; Criminal C...
Promulgated on 2005-07-18

478. CA GR CR 28646: EMMANUEL T. FRANCIA, SR. vs. PEOPLE, ET AL.
Finding no new matter of substance that would warrant the modification much less the reversal of the May 16, 2005 Decision of this Court, the petitioner's Partial Motion for Reconsideration is hereby DENIED for lack of merit....
Promulgated on 2005-07-18

479. CA GR CV 61305: TRIANGLE ACE CORPORATION vs. FELICIDAD C. PUNO, et. al.
This is an appeal from the May 29, 1998 Decision (Rollo, pp. 37-40) of the Regional Trial Court (RTC) of Olongapo City, Branch 75, in Civil Case No. 176-0-92, the dispositive portion of which reads as follows:...
Promulgated on 2005-07-18

480. CA GR SP 90005: SOFRONIO PALASIN vs. FELICIDAD ELONA, ET AL.
Records show that petitioner was granted until June 20, 2005 to file his petition for review. However, the petition for review was filed only on June 21, 2005....
Promulgated on 2005-07-18

481. CA GR CV 78561: EVANGELINE VALENCIA, ET AL., vs. LUIS VALMOCINA
For failure of the appellant to comply with the Court's directive dated 15 January 2004 and Resolution dated 20 January 2005 despite due notice (Rollo, pp. 48, back; 53) the appeal is hereby DISMISSED pursuant to Section 1(h), Rule 50 of the 1997 Rules...
Promulgated on 2005-07-18

482. CA GR SP 90226: MT. ZION BAPTIST CHURCH, ET AL. vs. Sheriff III ARMANDO S. CAMACHO, ET AL.
For consideration is the Petition for Review under Rule 42 of the Rules of Court filed by petitioners Mt. Zion Baptist Church and/or Rev. Candido H. Rapas...
Promulgated on 2005-07-18

483. CA GR CV 83375: United Overseas Bank Philippines vs. Cynthia N. De Vera
Sought to be overturned in this appeal are: (1) The Order dated February 19, 20041 of the Regional Trial Court (or RTC) of Tagaytay City, Branch 18, in Civil Case No. TG-1897, which dismissed the complaint on the ground of improper venue; and (2) Its Orde...
Promulgated on 2005-07-18

484. CA GR SP 88332: COMPUTER BROTHERS, LTD. & ANGEL T. ACUESTA, vs NATIONAL LABOR RELATIONS & COMMISSION and AMIEL
This is a petition for certiorari under Rule 65 of the Revised Rules of Civil Procedure praying for the nullification of the Orders issued by the National Labor Relations Commission (NLRC) dated January 30, 2004 and February 23, 2004....
Promulgated on 2005-07-18

485. CA GR CR 29358: DR. EDUARDO DE LA VEGA vs VICTORIA B. COLLADO
The records show that the petition in caption suffers from the following deficiencies:...
Promulgated on 2005-07-18

486. CA GR CV 76775: MAUNSELL PHILIPPINES, INC., vs PROJECT MOVERS REALTY and
This appeal involves the Decision dated 7 November 2002 of the Regional Trial Court of Makati City in Civil Case No. 00-155 entitled "Maunsell Philippines, Inc. vs. Project Movers Realty and Development Corporation."...
Promulgated on 2005-07-18

487. CA GR SP 87416: WAN CHAI CORPORATION vs HON. JOSE G. PANEDA, et al
Was the service of the summons and copy of the complaint on the petitioner, a domestic corporation, through a person who identified herself as the manager a compliance with Sec. 11, Rule 14, 1997 Rules of Civil Procedure?...
Promulgated on 2005-07-18

488. CA GR CV 84084: Bank of the Philippine Islands, etc. vs. Sps. Nelson & Katherine De Jesus LIm
No appellants' brief having been filed within the extension prayed for, the appeal is dismissed....
Promulgated on 2005-07-18

489. CA GR SP 85740: South Rich Acres, Inc. vs. Hon. Zenaida T. Galapate-Laguilles, etc., et al.
Impugned in this petition for certiorari, as tainted with grave abuse of discretion amounting to lack or excess of jurisdiction, are: (1) The Order dated April 12, 2004 of the Presiding Judge of the Regional Trial Court of Makati City, Branch 143, in Civ...
Promulgated on 2005-07-18

490. CA GR CV 83110: Florante Pamittan vs. Luis Iquin
No appellant's brief having been filed within the reglementary period, the appeal is dismissed....
Promulgated on 2005-07-18

491. CA GR CV 83351: MYLIN T. PAREDES vs. REPUBLIC OF THE PHILIPPINES
In its Decision dated November 29, 2002 (pp. 58-61, Records), the Regional Trial Court of Palawan and Puerto Princesa City granted the Petition for the Reconstitution of Original Certificates of Title Nos. 732, 1352, 744, 661, 1452, 588 and 1354 of the...
Promulgated on 2005-07-15

492. CA GR SP 85974: REYNALDO B. RONQUILLO vs NLRC FIRST DIVISION, et al
In this petition for certiorari, petitioner seeks to set aside the Resolutions dated February 23, 2004 and July 12, 2004 of the National Labor Relations Commission (NLRC), First Division, which reversed the Decision of Labor Arbiter Ma. Estrella P. Ald...
Promulgated on 2005-07-15

493. CA GR CR 20964: PEOPLE VS. LEONIDES S. PASCUAL
Accused-appellant Leonides S. Pascual appealed the January 17, 1997 Decision of the Regional Trial Court of Caloocan City, Br. 128 in the four (4) related consolidated cases, namely: Criminal Case Nos. C-33246, C-33247, C-33248, C-33249...
Promulgated on 2005-07-15

494. CA GR SP 89772: Engr. Carlos B. Espiritu vs. Hon. Bitty G. VIliran, etc., et al.
This is a petition for certiorari filed by the accused Carlos Espiritu assailing certain orders of the RTC of Tarlac City, Branch 65, in criminal case 11104....
Promulgated on 2005-07-15

495. CA GR CV 50230: ROMUALDO CORPUZ vs. PERLITA D. CORPUZ
This is an appeal from the Decision dated April 28, 1995 of Branch 12 of the Regional Trial Court of Laoag City, Ilocos Norte in Civil Case No. 9891 entitled "Romualdo Corpuz, plaintiff vs. Perlita D. Corpuz also known as Perlita D. Juan, defendant" fo...
Promulgated on 2005-07-15

496. CA GR SP 90392: ANTONIO G. EVANGELISTA vs THE HONORABLE OMBUDSMAN, et al
For failure of petitioner to attach to his petition a copy of the letter appeal filed on November 20, 2003 before the agency a quo (Sec. 3, Rule 46, Rules of Court) and a verification and certification of non forum shopping that fully complies with Sec...
Promulgated on 2005-07-15

497. CA GR SP 86872: Sps. Noel and Agnes Francia vs. Hon. Benjamin T. Pozon, et al.
Before the Court is a Petition for Certiorari under Rule 65 of the 1997 Rules of Civil Procedure seeking to nullify and set aside the 11 July 2003 Order1 of the Makati Regional Trial Court, Branch 139, in Civil Case No. 01-1300 which denied petitioners...
Promulgated on 2005-07-15

498. CA GR SP 89775: CORNELIO BAUTISTA, ET AL. vs. FLORENCIO DE JURAS, et al
Considering that the present petition is not accompanied by copies of the material portions of the record referred to therein and other pertinent documents, such as the complaint, answer, position papers and supporting affidavits, motion for reconside...
Promulgated on 2005-07-15

499. CA GR SP 54822: LUISITO MATIAS, ET. AL. vs HON. ERNESTO A. REYES ETC, et al
Before this Court is a special civil action for certiorari under Rule 65 of the Rules of Court which seeks to annul and set aside the Order dated March 9, 1999 rendered by the Regional Trial Court (RTC), Branch 111, Pasay City...
Promulgated on 2005-07-15

500. CA GR CV 82666: Emerito and Lolita Calica vs. Colegio de San Lorenzo, Inc., et al.
This refers to Judicial Records Division's (JRD) Letter dated 28 December 2004 which required counsel for appellants to forward to this Court the proof of service evidencing appellees receipt of copy of appellants' brief....
Promulgated on 2005-07-15

501. CA GR SP 88634: ELISIO MANGIO, et al vs HON. PRESIDING JUDGE,RTC, MANILA, BRANCH 20, et al
THE petition for certiorari faces outright dismissal for deficiency in form and substance....
Promulgated on 2005-07-15

502. CA GR SP 88743: FEDERICO TUAZON, et al vs SPOUSES GUIAO
THE petition for review under Rule 43 faces outright dismissal due to formal deficiency....
Promulgated on 2005-07-15

503. CA GR SP 89600: ORLANDO MALLARI, vs. SPS. MARITES and AVELINO DE JESUS
For this Court to resolve is the Urgent Motion for Further Extension of Time to File Petition for Review To Substitute Petitioner Who Had Died. On May 30, 2005, this Court granted petitioner a maximum extension of thirty (30) days from April 23, 2005 o...
Promulgated on 2005-07-15

504. CA GR CV 82316: Asian International Community Information, Inc. vs. Century Property Management, Inc.
Before this Court is an appeal from the decision dated December 30, 2003 of the Regional Trial Court, National Capital Judicial Region, Branch 64, Makati City, in Civil Case No. 99-653...
Promulgated on 2005-07-15

505. CA GR SP 75682: CARGOHAUS, INC., VS. RTC-MAKATI CITY, ET AL.,
Before this Court is a Petition for Certiorari under Rule 65 of the 1997 Revised Rules of Civil Procedure, seeking to nullify and set aside the following Orders:...
Promulgated on 2005-07-15

506. CA GR SP 74743: Isabel Tan Lucero, etc. vs. Romulo Acedera
A landowner seeks review under Rule 43 of the Rules of Court of a decision of the Department of Agrarian Reform Adjudication Board (DARAB) which affirms the decision of the DAR Provincial Adjudicator ordering her and others to restore a tenant to lands...
Promulgated on 2005-07-15

507. CA GR CV 76353: MANUEL TAN vs EAC DISTRIBUTORS., INC., ET AL.,
Before us is a Motion for Reconsideration filed by cross-claimantappellant EAC DISTRIBUTORS, INC., on May 31, 2005 of our Decision promulgated on May 5, 2005....
Promulgated on 2005-07-15

508. CA GR CV 82669: MEGASCOPE GENERAL SERVICES vs NATIONAL POWER CORP., ET AL.,
The Motion For Extension of time to file brief filed by the Office of the Solicitor General is granted. The OSG is given until July 15, 2005 to file the required brief....
Promulgated on 2005-07-15

509. CA GR CV 64003: JUANITO L. TY VS. SPS. BONIFACIO GALAPON & FLORENCIA REYES
This is an appeal from the January 14, 1999 Decision of the Regional Trial Court, Branch 39, San Jose City, in Civil Case No. SJC- 848, finding the spouses, Bonifacio Galapon and Florencia Reyes (defendants-appellants)...
Promulgated on 2005-07-15

510. CA GR CV 82178: Soledad Esguerra vs Allied Banking Corp., et al.
This is an appeal from the Decision dated August 29, 2003 of the Regional Trial Court of Cabanatuan City, Branch 24 in Civil Case No. 3799-AF for Annulment of Foreclosure Sale/Annulment of Title, Reconveyance and Damages, the dispositive portion of which...
Promulgated on 2005-07-15

511. CA GR SP 71382: Hrs. of Mateo Bernad vs Sec. of Agrarian Reform, et al.
This pertains to the Motion for Reconsideration filed by the respondent-appellees through counsel on August 28, 2003, seeking for the reconsideration of the decision dated August 8, 2003, the dispositive portion of which reads:...
Promulgated on 2005-07-15

512. CA GR SP 87386: Pedro Adviento, et al. vs DARAB, et al.
This is a petition for review filed under Rule 43 seeking to reverse and set aside the Decision dated June 18, 2004 of the Department of Agrarian Reform Adjudication Board (DARAB) affirming with modifications the Decision dated December 9, 1996 of the...
Promulgated on 2005-07-15

513. CA GR SP 81740: ALFREDO GREGORIO, et al vs CRISANTO OMANA,
In a Resolution dated July 21, 2004, the Court noted the withdrawal of appearance of petitioners? counsel, with the latter's conformity. In the same resolution, petitioners were directed to inform the Court of the address of their new counsel. The copi...
Promulgated on 2005-07-15

514. CA GR CV 58399: ESTER L. RODRIGUEZ, ET. AL. VS. HEIRS OF JOSE B. VELARDE, ET. AL.
Appealed to this Court is the Decision dated April 29, 1997 of Br. 31 of the RTC in Cadlan, Pili. Camarines Sur dismissing the complaint for annulment of title, recovery of possession and damages in Civil Case No. P-1724...
Promulgated on 2005-07-15

515. CA GR SP 90375: Steel Corp. of the Phils. vs Hon. Rommel Baybay
This is a Petition for Prohibition (with prayer for the issuance of a Temporary Restraining Order and/or Writ of Preliminary Injunction) filed under Rule 65 of the 1997 Rules of Civil Procedure, as amended, seeking to restrain respondent Judge from furth...
Promulgated on 2005-07-15

516. CA GR SP 88093: Hanamel Rolgins Res. Corp. vs Hon. B. Vianzon, et al.
This is a petition filed under Rule 47 to annul the Order dated January 15, 2004 issued by public respondent in Civil Case No. 519-ML for Nullification of Foreclosure Proceedings and Mortgage with prayer for Determination of Proper Interest Rates/Amount...
Promulgated on 2005-07-15

517. CA GR CR 28874: PEOPLE OF THE PHILIPPINES vs MELVIN M. STO. TOMAS
Finding the Motion For Reconsideration with Motion To Admit Appellant's Brief filed by the Public Attorney?s Office to be with merit, coupled with the fact that no opposition has been interposed by the Office of the Solicitor General thereto, the motio...
Promulgated on 2005-07-15

518. CA GR CR 28889: People vs. Arnel Calahi, 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 2005-07-15

519. CA GR CV 64383: SPS DANILO ANGELES, et al vs. RURAL BANK OF SAN JUAN, INC., et al
This is an appeal from the order, dated 18 May 1999, of the Regional Trial Court, Branch 54, Tarlac City, denying plaintiffs' motion to revive the case after it was dismissed for plaintiffs' failure to attend the pre-trial conference despite notice re-...
Promulgated on 2005-07-14

520. CA GR SP 85989: MARMOSY TRADING, INC. et al vs NLRC, et al
Assailed in this petition for review is the Resolution dated January 30, 2004 of the National Labor Relations Commission (NLRC), which affirmed the Order dated June 23, 2003 of Labor Arbiter Elias H. Salinas directing the NLRC Sheriff to proceed with t...
Promulgated on 2005-07-14

521. CA GR SP 90123: Philip Rodriguez etc vs NLRC, et al.
The Petition for Certiorari suffers from the following formal infirmities: 1) No Affidavit of Service as required by Section 11, Rule 13 of the 1997 Rules of Civil Procedure, as amended; 2) No explanation as to why copies of the petition were not pe...
Promulgated on 2005-07-14

522. CA GR CV 83420: SPS. RODOLFO and BEATRIZ PATULOT vs PREMIERE DEVELOPMENT BANK
In a Minute Resolution dated November 12, 2004, this Court required plaintiffs-appellants and the Branch Clerk of Court of RTCBranch 13 of Lipa City, to remit and submit, respectively, the following matters:...
Promulgated on 2005-07-14

523. CA GR SP 89858: MA. ERLINDA I. PADLAN et al vs HON. BRIGIDO ARTEMON M. LUNA II
A perusal of the records shows that the following relevant documents were not attached to the petition: a) Respondent BPI Family Savings Bank?s petition for issuance of a writ of possession filed with the RTC on March 27, 2003; b) Counter petition of...
Promulgated on 2005-07-14

524. CA GR CV 78259: BD LONG SPAN BUILDERS, CORP. vs. R.S. AMPELOQUIO REALTY DEV., INC.
Before this Court is an appeal from the decision dated January 14, 2003 of the Regional Trial Court, National Capital Judicial Region, Branch 206, Muntinlupa City in Civil Case No. 02-217...
Promulgated on 2005-07-14

525. CA GR SP 87509: SPOUSES LIM HOI CHUNG and JEANY CO LIM vs HONORABLE ELEUTERIO F. GUERRERO, et al
This is a Petition for Certiorari with prayer for a temporary restraining order and/or writ of preliminary injunction under Rule 65 of the 1997 Rules of Court seeking the reversal and setting aside of the Orders dated October 1, 2004 and November 17, 2...
Promulgated on 2005-07-14

526. CA GR CV 82256: VINCENT BULASAO, et al vs ROSA M. SATUR, et al
This is an appeal from the Resolution of the Regional Trial Court, Branch 63 of La Trinidad, Benguet dismissing the complaint for declaration of nullity of extrajudicial settlement of estate, annulment of titles, reconveyance and damages filed by plain...
Promulgated on 2005-07-14

527. CA GR SP 60480: PHOENIX IRON & STEEL CORP., ET. AL. VS. NLRC, ET. AL.
For consideration before this Court is a Petition for Certiorari with Prayer for the Issuance of a Writ of Preliminary Injunction/Temporary Restraining Order under Rule 65 of the Rules of Court...
Promulgated on 2005-07-14

528. CA GR CR 28295: PEOPLE OF THE PHILIPPINES vs. MICHAEL CRIS SANDIEGO
For failure of accused-appellant to file the required appellant's brief, the appeal is deemed abandoned, and is hereby DISMISSED....
Promulgated on 2005-07-14

529. CA GR SP 57477: COSMIC LUMBER CORPORATION VS. HON. SILVERIO Q. CASTILLO, ET. AL.
Before this Court is a Petition for Certiorari under Rule 65 of the Rules of Court which seeks to annul and set aside the Order dated October 4, 1999 issued by the Regional Trial Court (RTC), Branch 43, Dagupan City...
Promulgated on 2005-07-14

530. CA GR CV 61764: Tarcila Fernandez vs BPI, et al.
This is an appeal from the decision of the Regional Trial Court, Branch 59, Makati City in Civil Case No. 95-671, the dispositive portion of which reads as follows:...
Promulgated on 2005-07-14

531. CA GR SP 89915: Omar Francisco vs Hon. Petrita Braga Dime, 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 15 June 2005....
Promulgated on 2005-07-14

532. CA GR CV 61798: Malayan Ins. vs Inchcape Shipping Serv., et al.
In the performance of its obligations, an arrastre operator should observe the same degree of diligence as that required of a common carrier and a warehouseman under the Civil Code and the Warehouse Receipts Law. Being the custodian of the goods discharge...
Promulgated on 2005-07-14

533. CA GR CV 77455: Maria T. Almario, et al. vs. Benito Pesino, et al.
Following the demise of Elizabeth Koh, a resident of Las Piñas City and president and treasurer, respectively, of Kohliz Industries and Manila Reptile Garden Corporation, two groups of putative creditors of the deceased filed a joint petition for letters...
Promulgated on 2005-07-14

534. CA GR SP 82837: Sixto Marella, Jr., et al. vs. Sps. Graciano Aliling, et al.
Partial Decision. This is a petition for review of the (i) Decision dated November 24, 2003 of the Department of Agrarian Reform Adjudication Board (DARAB) in seven (7) cases, docketed as DARAB Cases Nos. 8410 to 8416, which ordered the reversal of the J...
Promulgated on 2005-07-14

535. CA GR SP 76744: Raquel Brutas Realizan, et al. vs. Noli B. Kare
Before us is a petition for review under Rule 43 of the Rules of Court assailing the February 4, 2003 Decision of the Regional Trial Court of Tabaco City, Branch 18, in Civil Case No. T-2229...
Promulgated on 2005-07-14

536. CA GR SP 89086: FELICIANO QUETUA, et al vs. ESTRELLA B. GONZALES, et al
As the body of the petition indicates that only three of the six petitioners named in the caption of the petition are actual petitioners in this case, and considering that the petition is not accompanied by certified true copies of pertinent documents,...
Promulgated on 2005-07-14

537. CA GR CR 28790: People vs. Pepito Bordador y Acero
This refers to Manifestation with Motion to Withdraw Appeal filed by Public Attorney's Office (PAO) dated 18 March 2005....
Promulgated on 2005-07-14

538. CA GR SP 90046: SPS. FORTUNATO & MYRNA OLAN OLAN VS. HEIRS OF OSCAR & FELIZA CRUZ REGINO, ET. AL.
The Court resolves to DISMISS the herein Petition for Review for failure of the petitioners to attach the pertinent and necessary documents referred therein such as:...
Promulgated on 2005-07-14

539. CA GR SP 79596: FLUOR DANIEL, INC. - PHILIPPINES vs. COMMISSIONER OF INTERNAL REVENUE
This petition was originally filed with this Court on October 16, 2003. On February 9, 2005, the same was forwarded to the Court of Tax Appeals (CTA) for further proceedings, pursuant to Section 11 of Republic Act No. 9282,...
Promulgated on 2005-07-14

540. CA GR SP 87401: CHINA BANKING CORPORATION vs. HON. ROSE MARIE ALONZO-LEGASTO, et. al.
The issue of whether or not an order denying a motion to dismiss may be the subject of the extraordinary remedy of certiorari comes to the fore once again in this petition for certiorari under Rule 65 of the 1997 Rules of Civil Procedure....
Promulgated on 2005-07-14

541. CA GR CR 01060: PEOPLE OF THE PHILIPPINES vs. REX IBARRETA Y ORCENE
In a decision dated October 7, 2002 of Branch 73 of the Regional Trial Court (RTC) of Antipolo City in Criminal Case No. 95- 12103, accused Rex Ibarreta y Orcene was found guilty beyond reasonable doubt of the crime of rape, as defined and penalized...
Promulgated on 2005-07-14

542. CA GR CV 58805: PURA VILLANUEVA KALAW, INC. vs AURORA UY
This is an appeal from the Decision dated April 4, 1997 rendered by the Regional Trial Court of Manila, Branch 10....
Promulgated on 2005-07-14

543. CA GR SP 90266: Mario Molina vs Winston Garcia
This pertains to the Petition for Certiorari under Rule 65 of the Revised Rules of Court (With Prayer for Temporary Restraining Order and/or Writ of Preliminary Injunction) filed by the petitioner through counsel on 29 June 2005....
Promulgated on 2005-07-14

544. CA GR CV 80453: Fausta Quitquitan Deveza, et al. vs Esperanza Carlos Bautista
This is an appeal from the Decision dated April 21, 2003 rendered by the Regional Trial Court (hereafter RTC), Branch 218, Quezon City, in Civil Case No. Q01-43449, the dispositive portion of which reads as follows:...
Promulgated on 2005-07-14

545. CA GR SP 90388: Sps. Alfredo Niere, Jr. & Soledad Niere vs. Consuelo Cabuco, et al.
This is a petition for certiorari filed by the petitioner assailing the order of the lower court dated April 27, 2005 copy of which was received by the petitioners' counsel on May 13, 2005....
Promulgated on 2005-07-14

546. CA GR SP 52545: Sps. Mario & Edna Balean vs. Sps. Aquilino & Maxima Balla
The spouses Mario and Edna Balean (or hereafter the Baleans) by this Petition for Review on Certiorari seek the reversal of the Decision dated February 25, 1999 of the Regional Trial Court stationed in Legazpi City (or RTC) which reversed the Decision...
Promulgated on 2005-07-14

547. CA GR SP 88989: N O E L L A B I N G ? I S A vs. MARILOU B. ANCHETA-MEJICA
Considering that the proper remedy to set aside a decision of the Office of the Ombudsman on the ground of alleged mistake of judgment is a verified petition for review under Rule 43, as held in Fabian vs. Desierto (295 SCRA 470 [1998]), the present p...
Promulgated on 2005-07-14

548. CA GR SP 90370: Benny H. Wong, et al. vs. Hon. Raul Gonzales, etc., et al.
Before the Court is a petition filed under Rule 65, 1997 Rules of Civil Procedure, assailing the Resolution dated February 28, 2005 of public respondent Secretary of Justice which found probable cause against petitioners for estafa....
Promulgated on 2005-07-14

549. CA GR SP 89793: MARY LOUISE R. ANDERSON vs. ENRIQUE HO
The Court resolves to DISMISS herein Petition for Review as the certification against forum shopping was executed not by the petitioner herself but her counsel without attaching therewith any special authority to sign in her behalf. (FESC vs. CA, 297 S...
Promulgated on 2005-07-14

550. CA GR SP 82143: DANILO M. SALCEDO vs. HON. CLARO ARELLANO, et. al.
For failure of the petitioner to comply with the Court's resolutions dated 01 March 2005 and 14 April 2005, the Petition for Certiorari with prayer for Preliminary Injunction and/or Temporary Restraining Order is hereby DISMISSED....
Promulgated on 2005-07-14

551. CA GR SP 72182: General Mariano Alvarez Services Cooperative, Inc., etc. .vs N.L.R.C., Amina Catangay, et al.
The petitioner General Mariano Alvarez Services Cooperative, Inc. (or hereafter GEMASCO) represented by the former Chairman of the Board of Directors, Roberto Molino, Sr. (or Molino), in this petition for certiorari asks that the Resolution dated April 4,...
Promulgated on 2005-07-14

552. CA GR SP 58473: Hon. Marcel S. Pan, etc. vs. Civil Service Commission, et al.
Assailed in this Petition for Review under Rule 43 of the 1997 Rules of Civil Procedure, is Resolution No. 992183 dated September 23, 1999 of the Civil Service Commission....
Promulgated on 2005-07-14

553. CA GR CR 00717: PEOPLE VS. RICHARD SARCIA y OLIVERA
On appeal is the Decision dated 17 January 2003 of Branch 13 of the Regional Trial Court of Ligao City in Criminal Case No. 4134...
Promulgated on 2005-07-14

554. CA GR SP 84135: Premiere Dev't. Bank vs. NLRC, Roy V. Seneres, Ernesto S. Dinopol, Romeo L. Go, Teodora B. Labanda
Before Us is a petition for certiorari assailing the March 24, 2004 Decision of the public respondent National Labor Relations Commission (NLRC) in NLRC-NCR CA NO. 025672-00 (NLRC-NCR CASE NO. 00- 02-01376-99). The herein assailed NLRC Decision granted...
Promulgated on 2005-07-14

555. CA GR CR 00665: PEOPLE OF THE PHILIPPINES vs. NEIL BALUYOT y TABISORA, et al.
This will resolve accused-appellants' Manifestation/Motion dated March 7, 2005 (pp. 759-764, Rollo) praying, viz:...
Promulgated on 2005-07-13

556. CA GR SP 89617: EDUARDO R. ANCHETA vs HON. BRIGIDO ARTEMON M. LUNA II,et al.
Before Us is petitioner's Urgent Motion For Leave to Withdraw Petition dated 05 July 2005. Said Motion alleges that on 09 May 2005, petitioner filed the instant Petition assailing the validity of the Orders dated 06 April 2005 and 04 May 2005 of public...
Promulgated on 2005-07-13

557. CA GR CV 74209: MARIA MARBELLA vs PHILIPPINE COMMERCIAL & INTERNATIONAL BANK
The arguments raised by appellant bank in its Motion for Reconsideration are mere rehash of their earlier arguments....
Promulgated on 2005-07-13

558. CA GR CV 66648: SULPICIO NAZARENO VS. WENCESLAO MIRALLO
An appeal from the Decision rendered by the Regional Trial Court of Manila, Branch 35, in Civil Case No. 98-89176. The case arose from an accion publiciana filed by the plaintiff-appellee against defendant-appellant....
Promulgated on 2005-07-13

559. CA GR CV 82628: NATIONAL POWER CORP., vs MA. ANGELINA G. MATIBAG
The grounds stated in the Motion For Reconsideration of the Office of the Solicitor General are in order....
Promulgated on 2005-07-13

560. CA GR SP 90211: PEOPLE OF THE PHILIPPINES vs HON. FRANCO T. FALCON, ET AL.,
Records disclose that the assailed Order dated April 8, 2005 was received by Public Prosecutor Carmel Jose Estrellado on April 12, 2005. Thus, under the Rules, the last day to file the petition for certiorari with prayer for injunctive relief was on Ju...
Promulgated on 2005-07-13

561. CA GR SP 90061: DOMINADOR G. ESPELETA VS. HON. JUANITA T. GUERRERO, ET AL
As the People of the Philippines is not impleaded as respondent in the present petition, the petition is hereby dismissed....
Promulgated on 2005-07-13

562. CA GR CV 83238: JENVERLY S. ESBER, ET AL., vs APOLINARIO S. ESBER
The Manifestation and Compliance With Notice of Change of Address filed by the counsel for defendant-appellant is NOTED....
Promulgated on 2005-07-13

563. CA GR CV 82940: PHILIPPINE BANK OF COMMUNICATIONS vs DARWIN ROXAS and CECILIA ROXAS
The instant Motion for Reconsideration seeks the reinstatement of defendants-appellants? appeal, which We considered abandoned and dismissed in Our Resolution dated February 15, 2005, reading as follows:...
Promulgated on 2005-07-13

564. CA GR SP 86105: AURORA Y. ASUNCION vs. HON. ISAGANI A. GERONIMO, et al.
This is a petition for review of the Decision dated February 10, 2004 of the Regional Trial Court of Pasig City, Branch 263, issued in Civil Cases SCA No. 68448, SCA No. 68449, and SCA No. 68450, for collection of sum of money with damages...
Promulgated on 2005-07-13

565. CA GR CR 00343: PEOPLE OF THE PHILIPPINES vs. ROLANDO LINGANAY y ANG alias REY PUKE
Before this Court for intermediate review is the Judgment dated 30 April 2002, rendered by the Regional Trial Court, National Capital Judicial Region, Branch 166, Pasig City, in the case entitled, "People of the Philippines vs. Ronaldo Linganay y Ang a...
Promulgated on 2005-07-13

566. CA GR SP 88702: A. P. HOME BUILDERS CORP., vs REGIONAL TRIAL COURT OF CABANATUAN CITY, BRANCH 27, ET AL.,
The injunction bond secured by petitioner from Stronghold Insurance Company, Inc. reveals the following:...
Promulgated on 2005-07-13

567. CA GR SP 87009: F/V UNITY FAITH, ET. AL. VS. HON. PATRICIA STO. TOMAS, ET. AL.
This is a Petition for Certiorari under Rule 65 of the 1997 Rules of Civil Procedure with prayer for temporary restraining order and/or preliminary injunction,...
Promulgated on 2005-07-13

568. CA GR CV 69460: TIMOTEO ARICAYOS, JR., vs. CAROLINA GUERRERO, ELSA GUERRERO, ET AL
Challenged in this appeal is the Decision of the Regional Trial Court of Roxas, Isabela, Branch 25, dated June 30, 2000, in Civil Case No. 23-566, for cancellation of titles, annulment of deeds, recovery of possession and damages....
Promulgated on 2005-07-13

569. CA GR CR 28177: PEOPLE VS ESPERANZA OBINA
This is an appeal from the August 27, 2003 Decision of the Regional Trial Court, Branch 33, Nueva Ecija, in Criminal Case No. 1676-G...
Promulgated on 2005-07-13

570. CA GR CV 58544: PATERNO BAYQUEN VS. MACRINO ELVEÑA, ET. AL.
Before Us is an appeal from the June 30, 1997 Decision of the Regional Trial Court (RTC), Branch I, Abra, in Civil Case No. 874, an action for damages...
Promulgated on 2005-07-13

571. CA GR CV 62722: DR. FLORANTE BALTAZAR VS. MANILA POLICE DEPT. SAVINGS AND LOAN ASSO. INC.
In this appeal, defendant-appellant MPDSLAI seeks to set aside the January 22, 1999 Decision of the Regional Trial Court, Branch 46, Manila, in Civil Case No. 97-85186...
Promulgated on 2005-07-13

572. CA GR CV 74870: Andres Lao, Sr., vs. Tarlac II Electric Cooperative, Inc.
Before this Court is an Appeal from the decision dated 14 February 2002 rendered by the Regional Trial Court, Branch 148 of Makati City. The case involves a collection for a sum of money, which was decided by the court a quo in favor of plaintiff-appelle...
Promulgated on 2005-07-13

573. CA GR SP 84837: RFM MILK & JUICE WORKERS' UNION, ET. AL. VS. MANUEL G. IMSON, ET. AL.
At bar is a Petition for Certiorari under Rule 65 of the 1997 Revised Rules on Civil Procedure seeking to nullify the June 16, 2004 Order of Department of Labor and Employment (DOLE) Secretary Manuel G. Imson certifying the labor dispute in RFM Corpora...
Promulgated on 2005-07-13

574. CA GR CV 59639: HEIRS OF PANTALEON DULATRE, ET. AL. VS. MOISES DULATRE, ET AL.
This is an appeal interposed by plaintiffs-appellants from the Decision of RTC, Br. 31, Agoo, La Union, dated March 6, 1998 dismissing their complaints for partition, collation, accounting and damages....
Promulgated on 2005-07-13

575. CA GR CV 83786: Steel Corporation fo the Philippines vs. Millex Construction & Development Corp., et al.
As prayed for by appellants in their Motion to Withdraw Appeal for the reason that the parties have settled their case amicably, which is hereby GRANTED, and conformable to Section 3 of Rule 50, the herein appeal is deemed WITHDRAWN....
Promulgated on 2005-07-13

576. CA GR CV 57684: PEDRO G. PERALTA VS. GIL TRIUNFO and JUSTINIANO GANUELAS
On appeal is the Decision of the Regional Trial Court, Branch 29, San Fernando La Union dated March 19, 1994, in Civil Case No. 4799...
Promulgated on 2005-07-13

577. CA GR SP 76538: MAYLYN Y. YANTO, et al vs LOURDES ABECENDARIO, et al
Possession is the primordial issue in a forcible entry case. It is a right afforded by the law that a possessor deprived of his possession through forcible entry may, within ten days from the filing of the complaint, present a motion to secure from the...
Promulgated on 2005-07-13

578. CA GR SP 80547: Mabalacat Institute, Inc. vs. RTC-NCJR, Br. 150, City of Makati, et al.
This is a Petition for Certiorari pursuant to Rule 65 of the Revised Rules of Civil Procedure seeking to nullify the Orders dated March 12, 2003 and September 25, 2003 of the Regional Trial Court of Makati, Branch 150....
Promulgated on 2005-07-13

579. CA GR SP 77116: Florencia C. Lopez vs. Lilia B. de Lima, et al.
Before us is a Petition for Review assailing the rulings of the Civil Service Commission issued in relation to Administrative Case No. 2001-01 filed before the Philippine Economic Zone Authority, namely: (a) Resolution No. 021248, dated September 25, 2002...
Promulgated on 2005-07-13

580. CA GR SP 88356: MELECIO A. ABENES vs. ENGR. EDSEL RIMANDO, ET AL.
Before this Court is a petition for review under Rule 43 of the 1997 Rules of Civil Procedure, assailing the Decision dated June 4, 2004 and the Order dated December 7, 2004 of the Office of the Deputy Ombudsman for Luzon...
Promulgated on 2005-07-13

581. CA GR CR 28419: THE PEOPLE OF THE PHILIPPINES vs MELVIN NATIVIDAD Y STA. ANA
ON appeal is the judgment of the Regional Trial Court (RTC) in Marikina City convicting accused-appellant Melvin Natividad y Sta. Ana of violation of Article II, Section 11 of Republic Act No. 9165,...
Promulgated on 2005-07-13

582. CA GR CV 76850: SPOUSES DIXON AND ANNA TIU, et al vs PRESIDENT ALUMINUM GLASS CONSTRUCTION SUPPLY, et al
FOR failure of plaintiffs-appellants to file their brief within the extended reglementary period which expired on October 31, 2004, as per Judicial Records Division report dated March 4, 2005, their appeal is DISMISSED. [Sec.1 (e), Rule 50, 1997 Rules...
Promulgated on 2005-07-13

583. CA GR CV 56998: DIONISIA MONIS LAGUNILLA, et. al. vs ANDREA MONIS VELASCO, 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 as early as August 10, 1999, the instant appeal was first assigned for study and report to Justice...
Promulgated on 2005-07-13

584. CA GR SP 89316: CARDINAL SANTOS MEDICAL CENTER vs DINA O. SILVA, et al
FOR failure of petitioner to file its petition for certiorari within the extended reglementary period which expired on April 6, 2005, as per Judicial Records Division report dated June 20,...
Promulgated on 2005-07-13

585. CA GR SP 88631: ROMEO S. ARQUISOLA vs MA. CRISTINA F. NATIVIDAD
The submission of the respondent's Comment, and petitioner's Reply thereto, pursuant to the Court's Resolution, dated March 18, 2005, is hereby NOTED....
Promulgated on 2005-07-13

586. CA GR SP 65208: Jackbilt Employees Workers Union-NAFLU-KMU, et al. vs. NLRC, Jackbilt Indus., Inc, et al.
Announcing to the employees beforehand that the company was suffering business reverses, management shutdown the whole Production Dept of the company stating that it had 6 months in inventory that needed to be sold first before resuming w/ business....
Promulgated on 2005-07-13

587. CA GR SP 85737: J.O. LUCIO GENERAL CONTRACTOR and JAIME LUCIO vs. NLRC (2nd Division), et al.
Before Us is a Petition for Certiorari under Rule 65 of the 1997 Rules on Civil Procedure assailing the Resolution dated 22 March 2004 and 08 June 2004 issued by the National Labor Relations Commission (Second Division) affirming the Decision dated 25...
Promulgated on 2005-07-13

588. CA GR SP 87867: Rey Alberto dela Peña vs Hon. Basilio Gabo, et al.
This is a petition for certiorari under Rule 65 of the 1997 Rules of Civil Procedure, as amended, seeking to annul and set aside the Orders dated September 28, 2004 and November 9, 2004, issued by Hon. Basilio R. Gabo (hereafter respondent judge), of the...
Promulgated on 2005-07-12

589. CA GR SP 89830: IKAPATI FARMS AND NICANOR PERLAS III VS. UNIVERSITY OF THE PHILIPPINES
The instant Petition For Review filed by the petitioners, through their counsel, is ordered DISMISSED outright for being filed out of time....
Promulgated on 2005-07-12

590. CA GR CV 81409: Benita Guevarra vs Rep. of the Phils.
This is an appeal from the decision dated November 18, 2003 rendered by the Regional Trial Court (hereafter RTC), Branch 92, Calamba, Laguna in RTC LRC Case No. 157-2000-C. The dispositive portion of which reads as follows:...
Promulgated on 2005-07-12

591. CA GR SP 80930: Angeles Fuentes vs Hon. Iluminada Cortez, et al.
Before this Court is a petition for annulment of judgment filed under Rule 47 of the 1997 Rules of Civil Procedure seeking to declare a nullity the judgment rendered by the Municipal Trial Court in Cities (MTCC), Branch IV, Baguio City in Civil Case No....
Promulgated on 2005-07-12

592. CA GR CV 79689: Linalyn Bacud Mangoba vs. The Municipal Civil Registrar of Claveria, Cagayan
On October 29, 2002, the appellee Linalyn Bacud Mangoba (or Mangoba hereafter) filed a verified petition to declare her husband Ramil Tabulina Galas (or Galas) presumptively dead for all purposes including her remarriage, under Art. 41 of the Family Code...
Promulgated on 2005-07-12

593. CA GR CV 78466: DORCAS ABLOLA vs. REPUBLIC OF THE PHILIPPINES
Appeal from the December 2, 2002 Decision of the Regional Trial Court (Branch 16, Cavite City), granting the petition in LRC Cad. No. 9539, entitled "In Re: Petition for Reconstitution of Transfer Certificate of Title No. T-4658 of the...
Promulgated on 2005-07-12

594. CA GR SP 84976: R/G Health Care Corp. vs NLRC, et al.
This is a special civil action for certiorari under Rule 65 of the 1997 Rules of Civil Procedure, as amended, which seeks to set aside the Resolutions dated March 10, 2004 and June 8, 2004 (should be decision and resolution, respectively) of the National...
Promulgated on 2005-07-12

595. CA GR SP 88114: DANILO V. ROLEDA, vs DEPARTMENT OF JUSTICE & LARA MARIA R.
Before Us is a petition for certiorari assailing the December 14, 2004 Resolution of the Department of Justice which denied Danilo Roleda?s Motion for Reconsideration of the August 27, 2004 Resolution directing the City Prosecutor of Manila to file the...
Promulgated on 2005-07-12

596. CA GR SP 87082: NBI Senior Agent Marvin E. de Jemil, et al. vs. Hon. Antonio M. Eugenio, Jr., et al.
This is a petition for certiorari under Rule 65 of the Revised Rules of Court assailing the Joint Orders dated July 6, 2004 (1st Joint Order) and August 12, 2004 (2nd Joint Order) of the Regional Trial Court of Manila, Branch 24...
Promulgated on 2005-07-12

597. CA GR CV 82965: BPI FAMILY SAVINGS BANK, INC. VS. BENJAMIN DELA CRUZ
Defendant-appellant Benjamin Dela Cruz appealed from the Decision dated May 27, 2002 of the Regional Trial Court of Manila, Branch 6...
Promulgated on 2005-07-12

598. CA GR CV 80401: APOLINARIO CATARROJA, ET. AL. VS. REPUBLIC OF THE PHILIPPINES
The Republic appeals from the Order dated 27 June 2003 of the Regional Trial Court, Branch XV, Naic, Cavite, granting the petition for reconstitution...
Promulgated on 2005-07-12

599. CA GR CV 79147: CELESTIN L. KO, ET. AL. VS. RN DEVELOPMENT CORP., ET. AL.
Fraud is never presumed, otherwise, courts would be indulging in speculations and surmises. Allegations of fraud must be established by clear and convincing evidence. Here, no such clear and convincing evidence was established by the appellants....
Promulgated on 2005-07-12

600. CA GR SP 90326: ATTY. SAMUEL B. ONG VS. HON. REYNALDO G. ROS, ET. AL.
This is a petition for certiorari under Rule 65 of the 1997 Rules of Civil Procedure seeking the nullification of the June 29, 2004 Order of Hon. Reynaldo G. Ros, Presiding Judge, Regional Trial Court, Branch 33, Manila...
Promulgated on 2005-07-12

601. CA GR CV 83866: Aurelio Luartes vs. Republic of the Philippines
The Office of the Solicitor General has filed a Manifestation on behalf of the Republic as Oppositor-Appellant stating that they are no longer pursuing the appeal in this case considering that after a thorough review, they are satisfied that the decision...
Promulgated on 2005-07-12

602. CA GR SP 79985: MARTIAN STEEL CORPORATION, ET AL VS. NATIONAL LABOR RELATIONS COMMISSION
This is a petition for certiorari, which seeks to nullify the decision, dated 30 June 2003, of the National Labor Relations Commission affirming the order,...
Promulgated on 2005-07-12

603. CA GR CR 28378: PEOPLE OF THE PHILIPPINES vs. AMADO SASOY
Before us is an appeal from the decision dated June 30, 2003 of the Regional Trial Court (RTC), Branch 20 of Imus, Cavite, the decretal portion of which reads:...
Promulgated on 2005-07-12

604. CA GR SP 56945: Manila Electric Company vs. Hon. Floro P. Alejo, et al.
In this petition for certiorari, the petitioner Manila Electric Company (or Meralco for brevity) assails the Order of January 7, 1999 granting the issuance of a preliminary mandatory injunction and the Order of December 13, 1999 denying its motion for rec...
Promulgated on 2005-07-12

605. CA GR CV 76511: LEILANEE RAMOS, vs CESAR C. BAUTISTA,
This is an appeal from the Decision of the Regional Trial Court of Camiling, Tarlac dated July 4, 2002 which ordered the defendant Cesar C. Bautista to pay various amount in damages to the plaintiff, Leilanee Ramos....
Promulgated on 2005-07-11

606. CA GR SP 88836: BPI vs. AMADOR DOMINGO
Before this Court is a petition for review under Rule 42 assailing the decision dated February 10, 2005 of the Regional Trial Court, National Capital Judicial Region, Branch 26, Manila, in Civil Case No. 04-111100...
Promulgated on 2005-07-11

607. CA GR CV 81635: PATERNO BANTILLO vs. ERNESTO TORREFIEL
Before this Court is an appeal from the Decision dated December 22, 2003 of the Regional Trial Court, Fifth Judicial Region, Branch 45, Masbate City in Civil Case No. 5133...
Promulgated on 2005-07-11

608. CA GR CV 65643: CLARITA B. RAMOS VS. HEIRS OF THE LATE PEDRO CRUZ JR., ET AL
On appeal before Us is the decision of Branch 124, Regional Trial Court, Caloocan City, in Civil Case No. C-18713, the dispositive portion of which reads, to wit: "WHEREFORE, premises considered, defendants Milagros Cruz and Bobbit Cruz' and GSIS' Mot...
Promulgated on 2005-07-11

609. CA GR SP 78075: DONALD L. SMITH VS. COMMISSIONER OF INTERNAL REVENUE
Donald L. Smith, a citizen of the United States of America, is an employee of Coastal Subic Bay Terminal, Inc., a business entity within the Subic Special Economic Zone. On 18 April 2001,...
Promulgated on 2005-07-11

610. CA GR SP 90312: HON. GUILLERMO PARAYNO, ETC VS. COURT OF TAX APPEAL, ET. AL.
Before Us is a Petition with prayer for the issuance of a temporary restraining order and/or writ of preliminary injunction which seeks to annul and set aside the Order dated December 17, 2004 issued by the First Division of the Court of Tax Appeals (C...
Promulgated on 2005-07-11

611. CA GR SP 76431: Lida R. Palad-Atienza vs. Hon. Bienvenido A. Mapaye, et al.
Subject of the instant petition for certiorari and mandamus are the following Orders issued by the Regional Trial Court (RTC) of Lucena City, to wit: (1) Order dated January 18, 2001, issued by Judge Abelio M. Marte of Branch 54 and; (2) Order dated Fe...
Promulgated on 2005-07-11

612. CA GR CV 83343: Imus Rural Bank, Inc. vs. Sps. Nestor and Lilian Ricaplaza
For failure of respondents-appellants to file appellants' brief within the reglementary period which expired on May 16, 2005, the case is considered ABANDONED and, accordingly, DISMISSED pursuant to Section 1 (e), Rule 50 of the 1997 Rules of Civil Proce...
Promulgated on 2005-07-11

613. CA GR CR 26658: PEOPLE OF THE PHILIPPINES vs BENJAMIN S. ESCOBAL, JR.
This treats of the Motion for Reconsideration filed by accused-appellant of our Decision affirming the lower court?s decision finding him guilty of the crime of Bigamy....
Promulgated on 2005-07-11

614. CA GR CV 56813: DBP VS. CENTIGRADE INDUSTRIES, INC.
The case at bar is an appeal from the September 8, 1997 Decision of the Regional Trial Court (RTC), Branch 64, Makati City, in Civil Case No. 92-1281...
Promulgated on 2005-07-11

615. CA GR CR 28280: PEOPLE VS. GLENN CONCEPCION y MAYOR
This is an appeal from the July 4, 2003 Decision of the Regional Trial Court, Branch 172, Valenzuela City, in Criminal Case No. 461-V-01...
Promulgated on 2005-07-11

616. CA GR SP 90057: ANTONIO TUMANAN VS. MUNICIPAL TRIAL COURT OF CALASIAO, PANGASINAN, ET AL.
The instant petition masquerading as one for certiorari directed at the Order dated January 13, 2005 (Annex "C", Petition) issued by the Municipal Trial Court of Calasiao, Pangasinan, denying due course to the petitioner's notice of appeal...
Promulgated on 2005-07-11

617. CA GR CV 84275: ELLER V. GARCIA VS. SPS. EDUARDO AND MARIA MANALASTAS, ET AL.
For failure to file appellants' brief within the reglementary period which expired on May 13, 2005, per Judicial Records Division's report dated June 28, 2005 (dorsal side of p. 23, Rollo), the Court resolved to consider the appeal ABANDONED and DISMISS...
Promulgated on 2005-07-11

618. CA GR CV 58564: SERVICEWIDE SPECIALISTS, INC. VS. LYDIA GREGORIO, ET AL.
An appeal from the Decision1 of the Regional Trial Court of Manila, Branch 13, in its Civil Case No. 86-35628...
Promulgated on 2005-07-11

619. CA GR CV 61075: EVANGELINE LAUREANO-EDRALIN VS. EDWIN EDRALIN; REPUBLIC OF THE PHILS.
An appeal from the Decision1 of the Regional Trial Court of Quezon City, Branch 107, in its Civil Case No. Q-97-31236...
Promulgated on 2005-07-11

620. CA GR SP 90323: SPOUSES SATURNINA and MARCOS P. BALLABA vs. THE N L R C, et al.
In this petition for certiorari under Rule 65, petitioners failed to avail of a motion for reconsideration of the assailed NLRC decision. A motion for reconsideration is still a very much available adequate remedy in law....
Promulgated on 2005-07-11

621. CA GR CV 83154: Narcisa Austria Thompson vs. Norma Sargan - a.k.a. Norma A. Merril
This refers to appellant's failure to complete the payment of docket fee in the amount of P10.00....
Promulgated on 2005-07-11

622. CA GR CV 74772: ANGEL A. BAUTISTA, ETC., ET AL. VS. REPUBLIC OF THE PHILIPPINES
In land registration, an "applicant must prove not only his open, continuous, exclusive and notorious possession and occupation of the land either since time immemorial or for the period prescribed therein, but most importantly, he must prove that the...
Promulgated on 2005-07-11

623. CA GR CV 57679: GREGORIO LANA and NENITA LANA vs. JUAN CONTACTO and SUSANA CONTACTO
This is an appeal from the Decision (Records, pp. 84-90) of the Regional Trial Court of Legaspi City, Branch 7, in Civil Case No. 9199 dated July 29, 1997 decided in favor of defendants-appellees. The dispositive portion of which reads:...
Promulgated on 2005-07-11

624. CA GR CV 60824: Arnold M. Mingao vs. Republic of the Philippines
Appeal from the decision of the Regional Trial Court of Morong, Rizal, Branch 80, in LRC Case No. 529-M for Registration of Land Title....
Promulgated on 2005-07-11

625. CA GR SP 90311: TOWN AND COUNTRY ENTERPRISES, INC., vs HON. NORBERTO J. QUISUMBING, ETC., ET AL.,
A perusal of the records shows that the following relevant documents were not attached to the petition: a) the Motion for Reconsideration of Keppel Bank Philippines of the RTC Order dated June 15, 2004; b) Petitioner?s Opposition/Comment to said Motio...
Promulgated on 2005-07-11

626. CA GR SP 78053: Arnel Abadecio vs. Hon. Ramon S. Caguioa, etc., et al.
Attributing grave abuse of discretion amounting to lack or excess of jurisdiction in the issuance of the Orders of respondent judge in Criminal Case No. 498-2002....
Promulgated on 2005-07-11

627. CA GR CV 56368: JOHNNY C. ULMILLA VS. ROLANDO M. LEGASPI
Before Us is an appeal from the Decision dated September 27, 1996 rendered by Judge Luis M. Fontanilla of Branch 42, RTC, Dagupan City, Pangasinan in Civil Case No. D-10375...
Promulgated on 2005-07-11

628. CA GR SP 82614: Jennifer Balisco vs. N.L.R.C., Mrs. Hebe Uy, etc.
Assailed in this Petition for Certiorari under Rule 65 of the 1997 Rules of Civil Procedure are: (1) the Decision of public respondent National Labor Relations Commission (NLRC) 2nd Division, which reversed the decision of the Labor Arbiter in NLRC NCR 30...
Promulgated on 2005-07-08

629. CA GR CV 64956: MARIA FELICIDAD A. ESPELETA VS. SPOUSES SAMUEL SALAS AND ELSA SALAS et al
This is an appeal from a decision rendered by Branch 91, Regional Trial Court, NCJR, Quezon City in Civil Case No. Q-94-22267. Its dispositive portion states, to wit: "WHEREFORE, in view of the foregoing, judgment is hereby rendered DISMISSING the comp...
Promulgated on 2005-07-08

630. CA GR SP 89667: SPS. ANGELES BIGAY and LITA BIGAY vs EDNA YUSIS
For failure of petitioners to attach to their petition a duplicate original or certified true copy of the Metropolitan Trial Court Decision dated October 1, 2004, and pleadings and other material portions of the records (e.g. Complaint, Plaintiff's pos...
Promulgated on 2005-07-08

631. CA GR SP 82869: ELMER L. SIENA vs NATIONAL LABOR RELATIONS COMMISSION et al.,
Before us is the petition for certiorari (pursuant to Rule 65 of the Revised Rules of Court) filed by the petitioner Elmer L. Siena ("petitioner") to annul and set aside the decision dated September 29, 2003 of the National Labor Relations Commission (...
Promulgated on 2005-07-08

632. CA GR CV 81660: Far East Bank and Trust Co. vs Sps. Carlos Pilapil
This is an appeal from the Order dated January 13, 2004 of the Regional Trial Court of Naga City, Branch 61 dismissing Civil Case No. 2003-0125 for Collection of Sum of Money-Deficiency Claim on the ground of improper venue....
Promulgated on 2005-07-08

633. CA GR SP 85837: Officers & Members of the Board of Directors of the MMCEA-AFW vs. Hon. Hans Leo J. Cacdac, etc., et
Sought to be annulled in this Petition for Certiorari under Rule 65 of the 1997 Rules of Civil Procedure are: (1) the Bureau of Labor Relations' Resolution dated May 13, 2004 dismissing Petitioners' appeal and affirming the December 15, 2003 decision of H...
Promulgated on 2005-07-08

634. CA GR SP 90101: Filipinas Broadcsting Network, et al. vs NLRC,et al.
This pertains to the Petition for Certiorari with Urgent Ex-Parte Motion for the Issuance of a Temporary Restraining Order and/or Injunction filed by the petitioners through counsel on 14 June 2005....
Promulgated on 2005-07-08

635. CA GR CV 60724: Monterey Farms Corp. vs. Edmundo Jose T. Buencamino
Before Us is defendant-appellant EDMUNDO JOSE T. BUENCAMINO [BUENCAMINO] urging Us to annul, reverse and set aside the Decision dated 29 May 1998 of the Regional Trial Court of Pasig City, Branch 2622, in Civil Case No. 65055...
Promulgated on 2005-07-08

636. CA GR SP 88764: AMA Land, Inc., vs NLRC, et al.
On 12 April 2005 this Court issued a Resolution directing the petitioner to submit the following pleadings and documents within ten (10) days from receipt thereof, otherwise, the petition shall be dismissed:...
Promulgated on 2005-07-08

637. CA GR SP 62479: Isagani M. Yambot, et al. vs. Hon. Artemio Tuquero, etc., et al
On complaint of Judge Escolastico Cruz Jr. of Branch 58 of the Regional Trial Court of Makati, the City Prosecutor of Makati filed on February 21, 1997 an information for libel against the following persons – Roberto Mendoza of the Office of the Clerk...
Promulgated on 2005-07-08

638. CA GR SP 55237: ASTROGARD DETECTIVE SECURITY CORP., et al. vs. JOSE M. ESPA￯﾿ᄑOL, JR., et al.
Before Us is a Petition for certiorari with a prayer for the issuance of a temporary restraining order and/or writ of preliminary injunction assailing the Order dated 11 February 1999 and the Resolution dated 16 September 1999 issued by Undersecretary...
Promulgated on 2005-07-08

639. CA GR SP 89311: Domingo Acosta & Jaime Acosta vs. Leticia Maglanoc-Callanta, etc., et al.
This petition for review is fatally defective for the following reasons: 1. It is short of docket and other legal fees by P3,030. 2. The material portions of the record referred to in the petition are not appended, such as the complaint (fifth paragrap...
Promulgated on 2005-07-08

640. CA GR CV 71991: SPS. LARRY FESTA and ENGELBERTA FESTA vs LAMBERT LENDING INVESTORS, INC.,
Before Us is a Compliance and Manifestation filed by the counsel for plaintiff-appellants on 24 May 2005. The counsel for the plaintiff-appellants, by way of compliance with the Notice of Resolution dated 29 April 2005, informs this Court that she rec...
Promulgated on 2005-07-08

641. CA GR CV 56485: MAYSILO ESTATE VS. QUINTIN TONGCO, ET. AL.
Contested before the Regional Trial Court of Caloocan City (Branch 122), in an action for annulment/cancellation of certificate of title and recovery of possession...
Promulgated on 2005-07-08

642. CA GR SP 90202: Gemma A. Albis vs. Legaspi City RTC Br.III Judge Henry B. Basilia
This Petition for Certiorari assails: (a) respondent court's Order dated February 24, 2005 dismissing without prejudice petitioner's petition for correction of entry in the civil registry in Spec. Proc. No. 1996, and (b) respondent court's Order dated...
Promulgated on 2005-07-08

643. CA GR SP 89672: MONARCH INSURANCE COMPANY, INC. vs HON. JUDGE AVELINO A. LAZO, et al
The petition faces outright dismissal for insufficiency in substance....
Promulgated on 2005-07-08

644. CA GR SP 89387: MA. FE DELARMENTE Y VERGARA, vs HON. SILVINO T. PAMPILO, JR., et al
THE petition for certiorari faces outright dismissal for insufficiency in form and substance....
Promulgated on 2005-07-08

645. CA GR SP 83854: Sta. Lucia East Grand Mall / Sta. Lucia East Commercial Corp.vs. N.L.R.C., Aris Rayos, e al.
Petitioner assails the decision of public respondent National Labor Relations Commission (NLRC), First Division, which reversed the decision of the Labor Arbiter and ordered the reinstatement of private respondents for having been illegally dismissed as w...
Promulgated on 2005-07-08

646. CA GR SP 89821: EMMA ALEJADO, et al vs JOSE AVILA
The six-page petition for review on certiorari under Rule 45 faces outright dismissal....
Promulgated on 2005-07-08

647. CA GR SP 81385: E. GANZON, INC., vs UNITED COCONUT PLANTERS BANK, ET AL.,
For resolution are the Partial Motion for Reconsideration filed by petitioner and the Motion for Reconsideration filed by respondents of Our decision....
Promulgated on 2005-07-07

648. CA GR SP 89499: SPOUSES MARCOS P. JORGE, JR.,and LOURDES S. JORGE vs MARIETTA MARIANO, ET AL.,
The Manifestation and Tender of Payment as well as the Manifestation of Consignation filed by the counsel for petitioners are hereby NOTED....
Promulgated on 2005-07-07

649. CA GR SP 80633: ELIZABETH A. LLANES vs HON. JUDGE HILARIO L., LAQUI, ET AL.,
Before us is the Motion For Reconsideration filed by petitioner, seeking reversal of Our decision promulgated on March 31, 2005, the decretal portion of which reads:...
Promulgated on 2005-07-07

650. CA GR SP 80478: SPRINT BUSINESS NETWORK, INC., vs HON. SECRETARY OF LABOR AND EMPLOYMENT, ET AL.,
The Ex-Parte Motion To Release/Cancel Bond posted by counsel for petitioner is GRANTED as there is already an Entry of Judgment issued on October 29, 2004 in view of the finality of the decision rendered on October 8, 2004....
Promulgated on 2005-07-07

651. CA GR SP 88369: NORMA ONG CHING vs. NLRC, et. al.
The propriety of the dismissal of the petitioner's appeal by public respondent National Labor Relations Commission (NLRC) on the ground of failure to file an appeal bond is the main issue in this petition for certiorari under Rule 65 of the 1997 Rules...
Promulgated on 2005-07-07

652. CA GR SP 74425: JIPY SHOES/EDWIN NUGUID vs NATIONAL LABOR REALTIONS COMMISSION (Third Division) AND FRANCISCO B.
We have perused the arguments raised by petitioners in their Motion for Reconsideration and We find no plausible reason to deviate from our ruling. The decision has already threshed out, considered and passed upon the matters mentioned in the motion f...
Promulgated on 2005-07-07

653. CA GR SP 72082: CITY OF PALAYAN,represented by: MAYOR LEONORA C. FAJARDO vs MUNICIPALITY OF GEN. TINIO NUEVA ECIJA
We have reviewed our Decision and We find no compelling reason to disturb our findings and conclusions thereon. No new matter has in fact been advanced by petitioner strong enough to warrant the reversal or modification of our judgment....
Promulgated on 2005-07-07

654. CA GR SP 66972: SPOUSES ROGELIO and TERESITA PEÑA VS. FRANCISCO CIERVO, ET. AL.
Before this Court is a special civil action for certiorari under Rule 65 of the Rules of Court which seeks to annul and set aside the Order dated July 27, 2001 rendered by the Regional Trial Court (RTC), Branch 16, Tabaco City...
Promulgated on 2005-07-07

655. CA GR CV 51656: THE DIRECTOR OF LANDS, ESTEBAN ABAD, et. al. vs JUANITO F. FUERTE
This is one of the oldest cases we have handled, its antecedents dating back to 1959. It was re-raffled and reassigned to this ponente on May 12, 2005,in line with the Court's Zero Backlog Project. Considering that the same was...
Promulgated on 2005-07-07

656. CA GR CV 60749: PHILIPPINE CREATIONS, INC., vs PHILIPPINE NATIONAL BANK And CRISTINA MUNOZ
Both parties filed Motions for Reconsideration of Our decision promulgated on November 10, 2004, the dispositive portion of which reads:...
Promulgated on 2005-07-07

657. CA GR CV 57941: SPS. GERRY and JOJI IBARRIENTOS VS. SUPERLINES BUS, CO., ET. AL.
On November 24, 1995, at 4:15 o'clock in the afternoon, Patrick John Ibarrientos and his mother, Joji Ibarrientos, rode on a passenger jeepney on their way home. Near the center line of the highway at La Medalla, Baao, Camarines Sur...
Promulgated on 2005-07-07

658. CA GR CV 77384: FERNANDO GABATIN VS. SEGUNDINA R. VILLANUEVA, ET. AL.
OReasons of public policy, judicial orderliness, xxx judicial time and the interests of litigants, as well as, the peace and order of society, all require that stability be accorded the solemn and final judgments of courts or tribunals of competent jur...
Promulgated on 2005-07-07

659. CA GR CV 79494: HEIRS OF FLORENCIO PAYNOR, ET AL. vs. VICTORY LINER, INC.
On January 14, 2005, this appeal was ordered dismissed for failure to file the appellant's brief which was received by appellant's counsel on February 1, 2005 (back of p. 26, Rollo). When no motion for reconsideration was submitted, an Entry of Judgment...
Promulgated on 2005-07-07

660. CA GR CV 58372: PHOENIX IRON AND STEEL CORP. VS. B.C. CUERPO CONSTRUCTION CORP.
Before this Court on appeal is the Decision dated April 17, 1997 rendered by the Regional Trial Court (RTC) of Makati City, Branch 141, in Civil Case No. 95-1179 for Collection of Sum of Money....
Promulgated on 2005-07-07

661. CA GR CV 84724: HEIRS OF THE DECEASED SPS. CASARIO NAMA and FILOMENA ABUL vs. SPS. RENATO and CORAZON PASCUAL
Plaintiffs-appellants' Motion To Withdraw Appeal is granted, it appearing that the appellants' brief has not yet been submitted (Sec. 3, Rule 50, 1997 Rules of Civil Procedure). Fittingly, this appeal is considered WITHDRAWN and ordered DISMISSED....
Promulgated on 2005-07-07

662. CA GR CR 28120: PEOPLE OF THE PHILIPPINES vs BENJAMIN DEL PRADO Y JEREZ
Frame up is inherently a weak defense, and is akin to the defenses of denial and alibi. It is generally rejected because it can be easily concocted....
Promulgated on 2005-07-07

663. CA GR SP 68416: SORSOGON ELECTRIC COOP. VS. NLRC, ET.AL.
For consideration before this Court is a Petition for Certiorari under Rule 65 of the Rules of Court...
Promulgated on 2005-07-07

664. CA GR CV 80142: SPOUSES ABRAHAM and EUNICE AMINO and ANTHONYAMINO vs. HONORIO AROMIN, JR.,
We have carefully perused the arguments raised in appellee's Motion for Reconsideration and those contained in appellant's Comment thereto, We find the Motion for Reconsideration offering no justification to compel a modification or reversal of Our...
Promulgated on 2005-07-07

665. CA GR CV 72271: AYALA CORPORATION vs. POWER AND DEVELOPMENT EQUIPMENT CORPORATION, et al.
We have carefully perused the arguments raised in plaintiff-appellee's Motion for Reconsideration and those contained in appellants' Comment thereto, We find the Motion for Reconsideration offering no justification to compel a modification or reversal ...
Promulgated on 2005-07-07

666. CA GR SP 89913: BRENTON INTERNATIONAL MANUFACTURING CORPORATION vs NLRC (2nd Division) & TITO TICTIC
Before this Court is a Petition for Certiorari dated 19 May 2005, assailing the Order and Resolution dated 22 October 2004 and 11 March 2005, respectively, of the National Labor Relations Commission (Second Division)....
Promulgated on 2005-07-07

667. CA GR SP 89080: JUAN DONATO, et al vs HEIRS OF JOSE H. CASTRO
On March 28, 2005, petitioners Juan and Rogelio Donato, through counsel, filed with this Court a motion for extension of time to file petition for review, praying for "at least thirty (30) days from March 25,...
Promulgated on 2005-07-07

668. CA GR CV 83503: CENTENNIAL BANK, vs.MYRNA SD DULOG, et al.
On December 14, 2004, appellants received the notice to file their brief within forty (45) days from notice. When no brief was submitted, on April 27, 2004, this appeal was ordered DISMISSED....
Promulgated on 2005-07-07

669. CA GR CV 63430: PATRICIO RIMBAUD vs TEOFILO URBANO, ET AL.,
Before Us is plaintiff-appellee?s Motion for Reconsideration of our Decision promulgated on December 23, 2004, the dispositive portion of which reads as follows:...
Promulgated on 2005-07-07

670. CA GR CV 71873: CITY OF CALOOCAN vs BASILIA MANOTOK DE DIOS, ET AL.,
Before Us is a Petition For Relief From Judgment filed by petitionerappellee dated April 18, 2005, praying that an Order be issued setting aside our decision dated Oct. 14, 2004 and the Resolution dated Feb. 4, 2005....
Promulgated on 2005-07-07

671. CA GR CV 70119: Mercedes M. Solis vs. Alamita de Guzman, et al.
Before us is an appeal from the Decision dated December 18, 2000 rendered by the Regional Trial Court of Urdaneta City, Pangasinan, Branch 46, in Civil Case No. U-5251, dismissing the complaint for quieting of title, declaratory relief and damages filed b...
Promulgated on 2005-07-07

672. CA GR SP 86634: Manuel V. Baviera vs. Hon. Ma. Merceditas N. Gutierrez
Filed pursuant to Rule 43 of the 1997 Revised Rules on Civil Procedure, before us is a Petition for Review seeking the reversal and setting aside of the Decision of the Office of the Ombudsman dated 22 June 2004...
Promulgated on 2005-07-07

673. CA GR CV 83139: PETRONS C. VERDERO, ET AL., vs VICENTE PURPORA, ET AL.,
Per report of the Judicial Records Division, no brief has been filed by appellant within the time provided by the Rules....
Promulgated on 2005-07-07

674. CA GR SP 73464: Genials Trading and Technirail Contracting Co., et al. vs. NLRC, et al.
Filed pursuant to Rule 65 of the 1997 Rules of Civil Procedure, at bench is a petition for certiorari seeking the annulment of the May 31, 2002 Decision rendered by the Third Division of public respondent National Labor Relations Commission in NLRC CA N...
Promulgated on 2005-07-07

675. CA GR CR 01061: PEOPLE OF THE PHILIPPINES vs. JERRY LIM
Appellant, Jerry Lim, seeks a reversal of his conviction by of the Regional Trial Court of Quezon City, Branch 219, in Criminal Case No. Q-00-89942, entitled "People of the Philippines vs. Jerry Lim y Sy", for Violation of Section 15, Article III, Repu...
Promulgated on 2005-07-07

676. CA GR CV 80131: JANNETTE J. PARAS, ET. AL., vs PHILIPPINE RABBIT BUS LINES, INC. ET AL.
On August 4, 2004, a notice to file brief was sent to Atty. Hermenegildo M. Ramos, Jr., counsel for plaintiffs-appellants and directly to defendants-appellants Philippine Rabbit Bus Lines, Inc. et al. Per registry return card (Reverse of p. 20, Rollo),...
Promulgated on 2005-07-07

677. CA GR CV 83560: COCA-COLA BOTTLERS PHILIPPINES, INC., et al. vs.SPOUSES GREGORY DICKINSON, et al.
Considering the report of the Judicial Records Division, the instant appeal is ordered DISMISSED pursuant to Sec. 1 (e), Rule 50 of the 1997 Rules of Civil Procedure, for failure of the defendants-appellants to file brief....
Promulgated on 2005-07-07

678. CA GR CV 53920: AURORA DE LEON VS. BOSTON EQUITY RESOURCES, INC, ET AL.
This is an appeal from the Decision of the Regional Trial Court, Branch 217, Quezon City, dated May 31, 1996, dismissing the complaint in Civil Case No. Q-91-10945...
Promulgated on 2005-07-07

679. CA GR SP 89891: AEROTEL LIMITED CORP. VS. HON. OSCAR P. BARRIENTOS, ET. AL.
This is a petition for certiorari assailing the February 7, 2005 Order of the Regional Trial Court, Branch 131, Caloocan City, in Civil Case No. C-20203...
Promulgated on 2005-07-07

680. CA GR SP 78511: JAIME A. VALENCIANO VS. GSIS and ECC
Before us is a petition for review under Rule 43 of the 1997 Rules of Civil Procedure of the Decision of the Employees? Compensation Commission (ECC for brevity) dated June 26, 2003 affirming in toto the findings of the Government Service Insurance Syste...
Promulgated on 2005-07-07

681. CA GR CV 78203: MANILA'S FINEST RETIREES ASSOCIATION INC., et al vs DBM, et al
On appeal is the decision rendered on March 21, 2003 in Civil Case No. 02-103702 by the Regional Trial Court (RTC), Branch 32, in Manila, disposing thus:...
Promulgated on 2005-07-07

682. CA GR CV 73552: VICENTE G. REVILLA, vs REPUBLIC OF THE PHILIPPINES,
Before Us on appeal is the decision of the Municipal Circuit Trial Court of Indang, Cavite in LRC No. IM-15-97 involving an application for confirmation and registration of title over a piece of land designated as Lot 473, Cad-459-D, Indang Cadastre, s...
Promulgated on 2005-07-07

683. CA GR CR 00823: THE PEOPLE OF THE PHILIPPINES vs VICENTE ROLLE
The conviction of Vicente Rolle for murder and the resulting imposition on him of the death penalty by the Regional Trial Court (RTC), Branch 18, in Tagaytay City in Criminal Case No. TG-3096-99 have been remanded to us by the Supreme Court for interm...
Promulgated on 2005-07-07

684. CA GR SP 89282: Sps. Francisco & LIwanag Licuanan vs. Hon. Antonio I. De Castro, etc., et al.
In this Petition for Certiorari, the following Orders of the lower court (Regional Trial Court, Branch 3, Manila) in Civil Case No. 01-100625 are said to have been issued with grave abuse of discretion, amounting to lack of jurisdiction and are therefore...
Promulgated on 2005-07-07

685. CA GR CV 28421: PEOPLE OF THE PHILIPPINES, vs REYNALDO ALINGOD y GABRIEL,
On appeal is the Decision1 of the Regional Trial Court of Pasig City, dated February 13, 2004, in Criminal Case No. 12383-D, finding accused-appellant Reynaldo Alingod y Gabriel guilty of the crime of violation of Article II, Section 11, paragraph 2 (3...
Promulgated on 2005-07-07

686. CA GR SP 87902: Jose Lim Ong vs. Hon. Zenaida T. Galapate-Laguilles, etc.,et al.
Impugned in this Petition for Certiorari and Prohibition, as tainted with grave abuse of discretion, amounting to lack of jurisdiction, are: the Order dated August 16, 2004 of respondent Judge of the Regional Trial Court, National Capital Judicial Regio...
Promulgated on 2005-07-07

687. CA GR SP 84242: National Protective Security Services, Inc., etc. vs. N.L.R.C., et al
Impugned in this petition for certiorari (with prayer for preliminary injunction and/or temporary restraining order), as tainted with grave abuse of discretion, amounting to lack or excess of jurisdiction, are: (a) The Decision dated May 7, 2003, of the...
Promulgated on 2005-07-07

688. CA GR SP 80347: ANTONIO EJON et al vs HON. ROGELIO M. PIZARRO, et al
Before Us is a ?petition for preliminary injunction with prayer for temporary restraining order" seeking to enjoin respondent Regional Trial Court of Quezon City from issuing a writ of demolition and implementing the September 11, 2003 Order granting t...
Promulgated on 2005-07-07

689. CA GR CV 74447: MARIO SIOCHI VS. ALFREDO GOZON, ET AL.
Before this Court is an appeal from the decision dated April 3, 2001 of the Regional Trial Court, National Capital Judicial Region, Branch 74, Malabon, Metro Manila in Civil Case No. 2390-MN...
Promulgated on 2005-07-07

690. CA GR SP 84667: R.P. rep. by Public Estates Authority vs. Las Pi￱as Cty RTC Br.202 Judge Julita P. Tan
This is a Petition for Certiorari, Prohibition and Mandamus under Rule 65 of the revised Rules of Civil Procedure seeking: (a) To review and set aside the Orders of public respondent [Hon. Elizabeth Yu Guray], dated December 16, 2003 and April 14, 200...
Promulgated on 2005-07-06

691. CA GR SP 80947: SUBIC WATER AND SEWERAGE CO. INC vs RTC OF OLONGAPO (Branch 75) and OLONGAPO CITY
Before us is a petition for certiorari seeking to set aside the Order of respondent Court dated July 29, 2003, which directed the issuance of a writ of execution against petitioner Subic Water and Sewerage Co., Inc. (SUBICWATER, for brevity) in Civil C...
Promulgated on 2005-07-06

692. CA GR SP 84216: L.M. Sy-Quia, Inc., et al. vs NLRC, et al.
This special civil action for certiorari under Rule 65 seeks to annul and set aside the Decision dated 7 May 2003 of the public respondent National Labor Relations Commission (NLRC), as well as the NLRC's Order dated 30 January 2004, denying petitioners'...
Promulgated on 2005-07-06

693. CA GR SP 86641: Dynamic Planners & Construction Corp. vs. Hanjin Heavy Indusries and Construction Co., Ltd.
At bench is a petition for review of the Final Award rendered by the Construction Industry Arbitration Commission (CIAC) dated September 7, 2004 in CIAC Case No. 07-2004...
Promulgated on 2005-07-06

694. CA GR SP 90254: FATIMA CREDIT COOPERATIVE, ET. AL. VS. NLRC (3RD DIVISION), ET. AL.
Before this Court is a Petition for Certiorari with prayer for a temporary restraining order and/or preliminary mandatory injunction...
Promulgated on 2005-07-06

695. CA GR CV 82097: Sps. Emmanuel Enesio and Ma. Rowena Sambeli-Enesio vs Jaime Indiana, Jr.
This is an appeal from the Decision dated November 27, 2003 rendered by the Regional Trial Court (hereafter RTC), Branch 257, Parañaque City, in Civil Case No. 03-024 for Sum of Money, the dispositive portion of which reads as follows:...
Promulgated on 2005-07-06

696. CA GR SP 29064: PEOPLE OF THE PHILIPPINES VS. MARITES ESCAMILLAN y BAUTISTA
Considering that the motion for extension of time to file appellant's brief was filed beyond the reglementary period, and there being no appellant?s brief filed as of date, which is already more than 60 days from the time the original period expired on...
Promulgated on 2005-07-06

697. CA GR SP 83455: GOLDEN HIGHWAY TRANSIT, INC., ET AL VS. NATIONAL LABOR RELATIONS COMMISSION
This is a petition for certiorari,1 which seeks to nullify the decision, dated 22 October 2003, of the National Labor Relations Commission affirming the decision,...
Promulgated on 2005-07-06

698. CA GR SP 81718: ANTONIO AMAYA vs. HON. AMELIA A. FABROS, et. al.
This petition for certiorari under Rule 65 of the 1997 Rules of Civil Procedure filed by petitioner (accused) Antonio Amaya assails the following orders of the Regional Trial Court...
Promulgated on 2005-07-06

699. CA GR CV 79550: Renato Hilario vs Pedro Mendoza
This is an appeal under Rule 41 of the 1997 Rules of Civil Procedure, as amended, from the judgment by default rendered by the Regional Trial Court of Parañaque City, Branch 258 (hereafter RTC), dated May 19, 2003, in Civil Case No. 02-0094, the dispositi...
Promulgated on 2005-07-06

700. CA GR CR 28793: People of the Philippines vs. Leonardo S. Chanliongco
Challenged in this appeal is the Decision dated August 9, 2004 of the Regional Trial Court of Manila, Branch 47 in Criminal Case No. 03-215823....
Promulgated on 2005-07-06

701. CA GR CR 00979: People vs Antonio Lopez y Patajo
HC This is an appeal from the Decision dated March 22, 1999 rendered by the Regional Trial Court (hereafter RTC), Branch 103, Quezon City in Criminal Case Nos. Q-96-67764-5 for the crime of Murder and Frustrated Murder, to the Supreme Court which was subs...
Promulgated on 2005-07-06

702. CA GR CV 51023: RITA ERAL OLIDA, et al. vs. PEPSI-COLA PRODUCTS PHILIPPINES, INC.,et al.
Before this court is an ordinary appeal filed by plaintiffs-appellants, defendants-appellants, and third party defendant-appellant assailing the Decision dated 07 February 1995 rendered by Hon. Romeo A. Brawner of the Regional Trial Court of La Trinidad...
Promulgated on 2005-07-06

703. CA GR SP 54483: PO2 Vivencio Corpuz vs. Hon. Perfecto A.S. Laguio, Jr., et al.
Before this Court is a special civil action for certiorari, prohibition, and mandamus seeking to review and nullify the Order of respondent Judge rendered on 21 May 1999. The questioned order admitted the amended Information, which impleaded petitioner as...
Promulgated on 2005-07-06

704. CA GR SP 84927: WOODY LAPE, et. al. vs. NLRC, et. al.
Probationary employees need strong protection from the exploitation of employers since they are usually the lowliest of the lowly and the most vulnerable to abuses of management, who would rather suffer in silence than risk losing their jobs....
Promulgated on 2005-07-06

705. CA GR SP 56981: LONG LONG REPACKING MFG./ANSON G. GONZALO, et al. vs. NLRC (3rd Division), et al.
Before Us is a Petition for Certiorari dated 29 January 2000 under Rule 65 of the 1997 Rules of Civil Procedure assailing the Resolutions dated 10 February 1999 and 16 November 1999 of the National Labor Relations Commission (Third Division)....
Promulgated on 2005-07-06

706. CA GR CV 71924: Michael Hong vs Rep. of the Phils.
Subject of the present appeal is the Decision of the Regional Trial Court (RTC) of Manila, Branch 49, dated 19 June 2001 in Nat. Case No. 99-94814, a petition for naturalization filed by Michael A. Hong (hereinafter referred to as plaintiff-appellee), the...
Promulgated on 2005-07-06

707. CA GR CV 83692: Rooftop Garden vs The Livelihood Corp., et al.
For Our consideration is plaintiff-appellant's Motion to Withdraw Appeal stating that it has realized that rights and interests of the parties shall be best served and acted upon on the ejectment case currently on appeal with the Regional Trial Court, B...
Promulgated on 2005-07-06

708. CA GR CV 56809: Rufino Gutierrez, Jr. vs Office of the Reg. of Deeds of QC et al.
This is an appeal filed by Catherine de Paz (hereafter appellant) from the Resolution dated February 12, 1997 of the Regional Trial Court (RTC), Branch 225, Quezon City, in Civil Case No. Q-96-28368 for Consolidation of Ownership, the dispositive portion...
Promulgated on 2005-07-06

709. CA GR CR 28986: LUZVIMINDA BILLEDO vs. PEOPLE OF THE PHILIPPINES
The filing by the petitioners of a petition for review on 19 January 2005 has mooted the motion for extension of time to file said petition....
Promulgated on 2005-07-06

710. CA GR SP 90278: ERNESTO RONQUILLO, et al., vs JULIETA VDA. DE BALARBAR,
A perusal of the records shows the following defects in the petition: 1. Counsel for petitioner did not provide a statement of Material Dates but merely alleged that petitioners never received a copy of the RTC Decision dated August 8, 2003 and who la...
Promulgated on 2005-07-05

711. CA GR CR 27908: THE PEOPLE OF THE PHILIPPINES vs. ENGRACIA G. RONQUILLO, MERCEDES V. TAVAS, et al.
We have assiduously perused the ratiocinations and arguments in accused-appellants Motion For Reconsideration as well as those contained in the plaintiff-appellee's Comment thereon and found the motion offering no compelling reason to modify, reverse a...
Promulgated on 2005-07-05

712. CA GR SP 88484: Anita S. Mangalindan vs. Quezon City RTC Br.227 Judge Jaime N. Salazar
In this petition for certiorari under Rule 65 of the Rules of Court, the petitioner seeks to reverse the twin Orders of the Regional Trial Court of Quezon City, Branch 227, dated 15 January 2004 and 22 November 2004, in Criminal Case Nos. 02-110689 to...
Promulgated on 2005-07-05

713. CA GR SP 89694: Romulo Bersamina, et al. vs. United BF Homeowners Association (UBFHAI)
On May 16, 2005, petitioners' Motion For Extension Of Time To File Petition For Review filed on May 12, 2005, was denied as they still had sufficient time left of the reglementary period, or until May 26, 2005, within which to file the petition for re...
Promulgated on 2005-07-05

714. CA GR SP 75150: DONALD L. SMITH VS. COMMISSIONER OF INTERNAL REVENUE
Finding the Motion to Withdraw Petition filed by the counsel for the petitioner on May 25, 2005, which bears the conformity of the petitioner himself, for the reasons therein stated, to be well taken, the same is GRANTED and, as prayed for, the abovenumbe...
Promulgated on 2005-07-05

715. CA GR SP 67955: DR. ROSENDO G. TANSINSIN III VS. HON. RTC JUDGE ADORACION ANGELES, ET AL.
Before this Court is a petition for review under Rule 42 of the 1997 Rules of Civil Procedure which seeks to set aside the Decision dated May 31, 2001 and Order2 dated November 12, 2001 of the Regional Trial Court of Caloocan City, Branch 125 in Civil Cas...
Promulgated on 2005-07-05

716. CA GR SP 89293: LEONARDO P. SALTING vs RUBEN D. DIONISIO, ET AL.,
Petitioner through counsel has complied with the Resolution dated May 18, 2005....
Promulgated on 2005-07-05

717. CA GR SP 86171: ALABANG COUNTRY CLUB, INC., vs NATIONAL LABOR RELATIONS et al
This is a petition for certiorari and prohibition under Rule 65 of the 1997 Revised Rules of Civil Procedure, seeking to annul and set aside: (a) the Decision1 of the National Labor Relations Commission dated February 26, 2004, declaring the dismissal...
Promulgated on 2005-07-05

718. CA GR SP 65729: ELVIN ROY CHAN vs. NLRC, et al.
Before this Court is a Petition for certiorari and prohibition dated 12 July 2001 under Rule 65 of the 1997 Rules of Civil Procedure assailing the Resolution dated 29 December 2000 and Order dated 31 May 2001 issued by the National Labor Relations Comm...
Promulgated on 2005-07-05

719. CA GR CV 56670: Teodoro Raceles, et al. vs. Antonio Lubos, et al.
Spouses Maximo Candalera and Maria Joves were previously the registered owners of a parcel of land identified as Cadastral Lot no. 12601-B covered by Transfer Certificate of Title No. 71856. This parcel of land was adjacent to Lot 30 which was co-owned...
Promulgated on 2005-07-05

720. CA GR SP 64463: IDEAL OPTICAL SUPPLY and/or RAMON TIU vs. NLRC (1st Division), et al.
Before Us is a Petition for Certiorari dated 26 April 2001 under Rule 65 of the 1997 Rules of Civil Procedure assailing the Resolution dated 21 June 2000 and Order dated 15 January 2001 issued by the National Labor Relations Commission (First Division)...
Promulgated on 2005-07-05

721. CA GR SP 82231: LIBERATO A. MANUEL vs PEOPLE et al.,
Before us are the consolidated petitions for certiorari under Rule 65 of the 1997 Rules of Civil Procedure seeking to annul two (2) issuances of the public respondent, Honorable Judge Fatima Gonzales-Asdala ("public respondent") in Criminal Case No. 00...
Promulgated on 2005-07-05

722. CA GR CR 26886: PEOPLE VS. LEONARDO G. FLORES
Before Us for resolution is a motion for reconsideration filed by herein accused-appellant on Our decision promulgated on February 15, 2005 dismissing his appeal....
Promulgated on 2005-07-05

723. CA GR SP 88662: MANUEL DY WONGCHUKING vs HON. DELIA H. PANGANIBAN, ET AL.,
The Motion For Additional Time to file Reply to the Comment filed by counsel for petitioner is GRANTED. Petitioner is given until June 23, 2005 to file the reply....
Promulgated on 2005-07-05

724. CA GR SP 81132: Baguio Achiever's Academy vs. N.L.R.C., Teresita Masancay & Ma. Soledad Avelino
This is a petition for certiorari to reverse the decision of the National Labor Relations Commission upholding a complaint for illegal dismissal filed by the respondent Teresita Masancay against the petitioner Baguio Achievers Academy....
Promulgated on 2005-07-05

725. CA GR SP 89177: HANSON CONCRETE PHILS, INC. BHPL EMPLOYEES UNION-ALUTUCP AND OSCAR N. PANOL, ET AL.,
Public respondents have already filed a Comment on June 9, 2005 to the petition....
Promulgated on 2005-07-05

726. CA GR SP 88664: 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,...
Promulgated on 2005-07-05

727. CA GR CV 82939: Metropolitan Bank & Trust Company vs. Sps. Edmond Q. Gotia, et al.
Before this Court is an appeal from the Decision dated June 4, 2004 rendered by the Regional Trial Court, Branch 132 of Makati City, in Civil Case No. 99-1208....
Promulgated on 2005-07-05

728. CA GR SP 81676: ECOLOGY SAVINGS BANK VS. LOURDES V. HINLO
This is a petition for review under Rule 43 of the 1997 Rules of Civil Procedure of the Decision dated June 30, 2003 and Order dated December 8, 2003 of the Office of the President...
Promulgated on 2005-07-05

729. CA GR SP 66003: Nestor Santos, et al. vs. Basilisa Babila, etc.
Before Us is a Petition for Review from an Order rendered in its appellate jurisdiction by the Regional Trial Court of Laoag City, Branch 13, dated May 30, 2001 in Civil Case No. 11275-13....
Promulgated on 2005-07-05

730. CA GR SP 75867: Pepsi Cola Products Phils., Inc. vs. Felisa C. Francisco, et al.
This is a petition for review of the decision of the Regional Trial Court (RTC) of Malolos, Bulacan, Branch 14, dated December 21, 2002, sustaining in full the decision of the Municipal Trial Court (MTC) of Marilao, Bulacan, dated April 19, 2002...
Promulgated on 2005-07-04

731. CA GR CV 61464: SPS. JUANCHO ALARCA and NENITA DE CASTRO VS. JULIAN TEODORO II, ET. AL.
Before this Court is an appeal from the Decision dated August 21, 1998 of the Regional Trial Court (RTC) of Trece Martires City, Branch 23, in Civil Case No. TM-745 for annulment of deed of sale and transfer certificate of title and damageS...
Promulgated on 2005-07-04

732. CA GR SP 56719: VICTOR VALENCIA VS. HON. VIVENCIO S. BACLIG, ET. AL.
Before this Court is a Petition for Certiorari under Rule 65 of the Rules of Court with prayer for the issuance of a temporary restraining orde...
Promulgated on 2005-07-04

733. CA GR SP 89371: Sps. Ricardo & Patricia Soriano vs Hon. Emma Torio, et al.
This refers to the motion for reconsideration filed by the petitioners through counsel on 26 May 2005, seeking for the reconsideration of the Resolution dated 06 May 2005, the decretal portion of which reads:...
Promulgated on 2005-07-04

734. CA GR CV 38559: Francisco Ramirez vs. Quedan Guarantee Fund Board
This is the poignant tale of Francisco Ramirez. A senseless vehicular accident paralyzed him from the neck down curtailing his once spirited life. He lay motionless in his bed, incredulous at the ruthless twist of fate that rendered him inutile. He final...
Promulgated on 2005-07-04

735. CA GR CV 76470: TOTALINE AIR SYSTEMS, INC., vs APOLINARIO BAPTISTA, doing business under the name and style
In its Complaint for Sum of Money, plaintiff TOTALINE AIR SYSTEMS, INC., represented by its General Manager Melchor O. Javita, alleged that: on October 26 and 30, 1999, plaintiff and defendant APOLINARIO BAPTISTA of A. C. Baptista Engineering, entered...
Promulgated on 2005-07-04

736. CA GR CR 28152: PEOPLE vs. SPO1 ROLANDO P. PUNZALAN
Finding no new matter of substance that would warrant the modification much less the reversal of the April 12, 2005 Decision of this Court, the Motion for Reconsideration filed by accused-appellant is hereby DENIED for lack of merit....
Promulgated on 2005-07-04

737. CA GR SP 56757: MELINDA T. PRESTO vs NLRC, et al
Although as a rule, this Court leans backwards to help workers and employees continue with their employment or to mitigate the penalties imposed on them, acts of dishonesty in the handling of company property are a different matter. Thus, the Supreme C...
Promulgated on 2005-07-04

738. CA GR SP 79317: Algernon Los Ba￱os vs Office of the Pres., et al
In the higher interest of justice, the Resolution dated October 1, 2003 dismissing the petition is RECALLED and SET ASIDE and the instant petition for review is REINSTATED....
Promulgated on 2005-07-04

739. CA GR SP 90173: COMPUTERS ET CIE PHILS. vs HON. ZENAIDA G. LAGUILLES, et al.,
A perusal of the petition reveals the following infirmities:...
Promulgated on 2005-07-04

740. CA GR SP 83572: Jeanette Delgado vs. Hon. Rebecca R. Mariano, etc., et al.
Consolidated w/ SP No. 83573. Acting on petitioners' motion for reconsideration of this court?s April 6, 2005 Decision denying due course to the petition, we find no cogent or justifiable reason to grant the same....
Promulgated on 2005-07-04

741. CA GR SP 57245: Efren Arroyo, et al. vs. Sps. Arsenio De Castro III, et al.
Before Us is a Petition for Review from the Decision dated January 20,2000 rendered in its appellate jurisdiction by the Regional Trial Court of Quezon City Branch 91 in Civil Case No. 20543, entitled Sps. Arsenio De Castro III and Elizabeth S. De Castro...
Promulgated on 2005-07-04

742. CA GR SP 80614: The City Mayor of Baguio City Bernardo M. Vergara, et al. vs. Atty. Brain Masweng, etc., et al.
Before Us for resolution is a motion for reconsideration filed by herein respondents, seeking reconsideration of Our March 17, 2005 Decision which gave due course to the petition....
Promulgated on 2005-07-04

743. CA GR CR 28872: PEOPLE OF THE PHILIPPINES vs JOSE FREVALDO Y FOLLERO
In view of the Compliance filed by the City Jail Warden of the Manila with our Resolution dated May 18, 2005, the APPEAL of accused-appellant is hereby WITHDRAWN. Hence, this case is now deemed TERMINATED....
Promulgated on 2005-07-04

744. CA GR CV 62651: Sps. Antonio & Josefina Elicano vs. Sps. Mariano & Violeta Arroyo
Before this Court is an appeal from the Order dated February 25, 1999 rendered by the Regional Trial Court, Branch 57 of Makati City, in Civil Case No. 97-680....
Promulgated on 2005-07-04

745. CA GR SP 84467: Gonzalo Francisco, et al. vs Napoleon Magno
This is a petition for review under Rule 43 of the 1997 Rules of Civil Procedure, as amended, seeking to annul the Decision dated January 8, 2004 and the Resolution dated May 5, 2004 issued by the Department of Agrarian Reform Adjudication Board (DARAB) i...
Promulgated on 2005-07-04

746. CA GR SP 86335: KIM S. JACINTO VS. NLRC, ET. AL.
Subjects of this petition for certiorari are the January 21, 2004 Decision of the National Labor Relations Commission, in NLRC NCR CA No. 037665-03, reversing the August 29, 2003 Decision of Labor Arbiter Estrella Aldas, in NLRC NCR Case No. 30-70-02...
Promulgated on 2005-07-04

747. CA GR SP 87287: HEIRS OF MIGUEL RELLETA vs. CARMEN MARQUEZ, ET AL.
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 the petitioners is hereby DENIED for lack of merit....
Promulgated on 2005-07-04

748. CA GR CV 84119: RUPERTO AZARCON, ET AL. VS. SPS. FLORENCIO and MAXIMA JUATCO, ET.AL.
On April 20, 2005, appellants filed a "Motion for Leave of Court to Admit Defendants-Appellants' Brief", praying that the brief belatedly filed by 11 days be admitted....
Promulgated on 2005-07-04

749. CA GR SP 81515: Joanna Cantre Davis vs.N.L.R.C., John Hancock LIfe Insurance Corp., et al.
Assailed in this petition for certiorari, as tainted with grave abuse of discretion amounting to lack or excess of jurisdiction, are the Decision dated July 31, 2003 of the National Labor Relations Commission, in NLRC CA No. 032865-02, which dismissed the...
Promulgated on 2005-07-04

750. CA GR SP 74324: Virgilio M. Saulog vs. Hon. Cesar A. Manrobang, et al.
Justice delayed is justice denied. A delay in the disposition of cases brings the court into disrepute and ultimately erodes public faith and confidence in the judiciary. No less than the Constitution requires that cases be decided with dispatch....
Promulgated on 2005-07-04

751. CA GR SP 83904: Armando de Guzman, et al. vs. NLRC, et al.
Finding no new matter of substance that would warrant the modification much less the reversal of the January 31, 2005 Decision of this Court, the Motion for Reconsideration filed by petitioners is hereby DENIED for lack of merit....
Promulgated on 2005-07-04

752. CA GR CR 00431: PEOPLE VS. GILBERT REYES y DAVID
For failure of the accused-appellant to file his brief within the prescribed period despite receipt of this Court's notice by appellant's counsel de parte, Atty. David P. Briones on February 15, 2005 as shown in the registry return card attached t...
Promulgated on 2005-07-04

753. CA GR SP 56844: Lim Luy Tiu vs. PEOPLE OF THE PHILIPPINES, and HONORABLE RODOLFO PONFERRADA
This is a Petition for Certiorari under Rule 65 of the 1997 Rules of Civil Procedure which seeks to set aside the Order dated October 15, 1999 rendered by the Regional Trial Court, Branch of Manila, in Criminal Case No. 98-166961, denying the petitioner's...
Promulgated on 2005-07-04

754. CA GR CV 82763: BIBIANA FARMS & MILLS, INC., VS. PHILIPPINE ASSOCIATION OF HOG RAISERS, INC.
The Notice to File Brief in instant case was issued on September 30, 2004. A copy of the above notice sent to Atty. Alvin R. Pagayatan of Tan, Acut and Lopez, counsel for plaintiff-appellant, was received on October 14, 2004....
Promulgated on 2005-07-01

755. CA GR SP 85198: EQUITABLE PCI Bank Emp. Union, et al. vs Dir. Hans Leo J. Cacdac, et al.
For Our consideration is petitioners' Motion to Dismiss the Case stating that petitioners have participated in the special election ordered by respondent Bureau Director Hans Leo Cacdac and have agreed with the outcome thereof....
Promulgated on 2005-07-01

756. CA GR CR 00642: PEOPLE VS. JERRY RAPEZA y FRANCISCO
This is an appeal from a Joint Decision in Criminal Cases Nos. 13064 and 13202 rendered by Branch 52, RTC of Palawan, Puerto Princesa City. Its dispositive portion states, to wit:...
Promulgated on 2005-07-01

757. CA GR SP 87743: High Capacity Security Services, et al. vs. FERDINAND HALCON, et al.
Without meaning to give due course to the petition, private respondents are ordered to file comment within ten (10) days from notice hereof, and to show cause in the same comment why petitioners' prayer for issuance of a temporary restraining order and/or...
Promulgated on 2005-07-01

758. CA GR CV 83430: DBP vs. Sps. Gorgonio Mendoza and Adalla Sapi
For failure of petitioner-appellant to pay in full the required docket fee, the appeal is DISMISSED pursuant to Section 1 (c), Rule 50 of the 1997 Rules of Civil Procedure....
Promulgated on 2005-07-01

759. CA GR CR 00549: PEOPLE VS. JOSEPH CRAME y MORENO
Before this Court is accused-appellant's Manifestation with Motion to Withdraw Appeal, manifesting among others, the following:...
Promulgated on 2005-07-01




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