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Promulgated Decisions and Resolutions
for August, 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 81473: JAIME CARIDO VS. Z.M.B. BUILDER CONTRACTOR, ET AL.
The instant case is one of the cases referred to the Court of Appeals Mediation Project. On August 22, 2005, both parties filed a Compromise Agreement praying for the dismissal of the instant case on the ground that they have already settled their diff...
Promulgated on 2005-08-31

2. CA GR CV 83089: BPI Family Savings Bank, Inc. vs. Sps. Ferdinand Masi & Felicitas Masi, et al.
This is an appeal from the decision of the Regional Trial Court, Branch 132 of Makati City in Civil Case No. 03-1284 for sum of money....
Promulgated on 2005-08-31

3. CA GR CV 83178: Lorna S. Bautista vs. First E-Bank Corp.
Before us is an appeal from the Order dated April 26, 2004 of the Regional Trial Court, Branch 64 of Tarlac City in Civil Case No. 9465, which dismissed for lack of cause of action herein plaintiff-appellant Lorna S. Bautista's complaint for specific per...
Promulgated on 2005-08-31

4. CA GR CV 83219: Robert Tan, et al. vs. Bank of the Philippine Islands,et al.
This case stems from a complaint for annulment of real estate mortgage, foreclosure proceedings, certificate of sale and transfer certificates of title with prayer for preliminary injunction and damages filed by herein plaintiffs-appellants against the de...
Promulgated on 2005-08-31

5. CA GR CV 83593: Shasta Ann D. Dacanay vs. Marco Paul R. Laccay
Where a father denies his paternity to the child claiming support, clear and convincing evidence must first be presented to establish the child's filiation with the alleged parent. Failure to establish one's filiation is fatal to the claim for support....
Promulgated on 2005-08-31

6. CA GR SP 79121: BPI Family Savings Bank, Inc. vs. House & Lot Buyers of Lucky Homes Subd., et al.
Banks by the very nature of its business are impressed with public interest. As such, a greater degree of diligence is required in its commercial dealings and transactions. The exercise of such diligence is not only necessary but also essential. Hence, in...
Promulgated on 2005-08-31

7. CA GR SP 80598: Delia Gloriane vs. N.L.R.C. & Rolex Plastic Mfg. Corp., et al.,
Amended Decision.On August 16, 2004, petitioner Delia Gloriane filed a motion for reconsideration of this Court’s decision dated July 26, 2004, the dispositive portion of which reads as follows:“WHEREFORE, foregoing premises considered, the instant petit...
Promulgated on 2005-08-31

8. CA GR SP 85690: Sigasig Security Services, Inc. vs. N.L.R.C. & Efren Ibarreta
This a special civil action for certiorari under Rule 65 of the 1997 Rules of Civil Procedure, filed by petitioner Sigasig Security Services, Inc. on August 13, 2004, assailing the following issuances of the National Labor Relations Commission, (NLRC),...
Promulgated on 2005-08-31

9. CA GR SP 68134: FAUSTINO, and JUANITO FAUSTINO VS. MERCEDITO P. SANGUYO
This petition for review seeks to set aside the January 11, 2001 decision and the November 21, 2001 resolution of the Department of Agrarian Reform Adjudication Board (DARAB), which affirmed the decision4 of the Provincial Agrarian Reform Adjudication...
Promulgated on 2005-08-31

10. CA GR SP 78504: JESUS M. TOR VS. NLRC, ET AL.,
Before us is a Petition for Certiorari1 under Rule 65 of the Rules of Court, seeking the nullification of the resolutions dated February 28, 20032 and May 30, 20033 of public respondent NLRC for having been allegedly issued with grave abuse of discreti...
Promulgated on 2005-08-31

11. CA GR SP 89386: Pet. for Rehabilitation w/ Prayer for Staying all Claims, etc. vs 680 Home Appliances, Inc.
This treats of the application for the issuance of a Writ of Preliminary Injunction as a relief prayed for in the instant petition for review and as a necessary consequence of the issuance of a temporary restraining order....
Promulgated on 2005-08-31

12. CA GR SP 88663: MANGGAGAWA SA KOMUNIKASYON NG PILIPINAS (MKP) vs. NLRC, et. al.
Before us is a petition for certiorari under the 1997 Rules of Civil Procedure, wherein the petitioner questions the following issuances of public respondent National Labor Relations Commission (NLRC):...
Promulgated on 2005-08-31

13. CA GR SP 80472: EROS V. RADA vs SOCIAL SECURITY SYSTEM
This is a Petition for Review under Rule 43 of the Rules of Civil Procedure of the Decision of the Employees' Compensation Commission in ECC Case No. SL-15021-0409-03, which affirmed the Decision of the Social Security System denying petitioner's claim...
Promulgated on 2005-08-31

14. CA GR SP 83916: ROSARIO BANGUIS TAMBUYAT vs. HON. VICTORIA VILLALONPORNILLOS, et. al.
Assailed in this petition for certiorari under Rule 65 of the 1997 Rules of Civil Procedure is the order dated March 30, 2004 of Branch 10 of the Regional Trial Court (RTC) of Malolos, Bulacan in Case No. P-443-99, which granted the issuance of a writ of...
Promulgated on 2005-08-31

15. CA GR CV 82983: Ssangyong Corp. vs. MCC Industrial Sales Corp., et al.
On appeal is the Decision, dated March 24, 2004, of the Regional Trial Court (RTC) of Makati City, Branch 147, rendered in Civil Case No. 01-1647....
Promulgated on 2005-08-31

16. CA GR CR 01076: People of the Philippines vs. Nelson R. & Jaime R. Pedrosa
Arson per se is destructive. It is even more abhorrent and shocking when a building was set ablaze with ingenuity arising from greed....
Promulgated on 2005-08-31

17. CA GR SP 91012: MARCELINA ONGSIAKO, ET AL. VS. HON. MARLENE GONZALES-SISON, ET AL.
A perusal of the present petition for certiorari shows that the Verification was signed by only one of the two (2) petitioners without any proof that Marcelina Ongsiako has been duly authorized by her copetitioner Julie Christie E. Ongsiako...
Promulgated on 2005-08-31

18. CA GR SP 90785: ZEBRA SECURITY AGENCY AND ALLIED SERVICES, ET AL. VS. NUEVA VIZCAYA ELECTRIC COOP., INC.
Submitted for our consideration is an Urgent Motion To Withdraw filed by the respondent-appellant, through its counsel, based on the sole ground that they opted to file in due time a Petition for Certiorari relative to the assailed resolution dated May 3...
Promulgated on 2005-08-31

19. CA GR SP 90938: MERIDIAN ASSURANCE CORP. VS. JUSTINIANO ABAYA
The instant petition for review is procedurally flawed in view of the following:...
Promulgated on 2005-08-31

20. CA GR CR 00544: PEOPLE VS. FELIX DAPITO Y ATIENZA
For review is the Decision dated February 15, 2002 of the Regional Trial Court of Calapan City, Oriental Mindoro, Branch 40, in Criminal Case No. C-5039 finding accused-appellant Felix Dapito Y Atienza (or appellant) guilty beyond reasonable doubt...
Promulgated on 2005-08-31

21. CA GR CV 76211: Polystrene Manufacturing Co., Inc. vs. Privatization & Managment Office, et a.
Plaintiff-appellant Polystyrene Manufacturing Company Incorporated appeals the Order dated September 5, 2002 of the Regional Trial Court, Branch 60, Makati City which dismissed its complaint for Injunction, and/or restraining order with prejudice, for f...
Promulgated on 2005-08-31

22. CA GR CV 74733: Philippine Rabbit Bus Lines, Inc. vs. Fred Tavares
On appeal is the Decision dismissing the complaint of plaintiff-appellant Philippine Rabbit Bus Lines, Inc. against defendant-appellee Fred Tavares arising from the damage of its bus allegedly due to the latter's negligent driving of his vehicle....
Promulgated on 2005-08-31

23. CA GR CV 74591: Sps. Benjamin Pineda, et al. vs. Mrs. Lidimida Bustamante, et al.
Appellants challenge the Order dated April 9, 2002 of the Regional Trial Court, Branch 39, Manila which denied their Petition for Relief from Judgment, following the dismissal of their Complaint for Preliminary Injunction with Prayer for the Issuance of...
Promulgated on 2005-08-31

24. CA GR CV 72893: Maura L. Enriquez vs. Rudy E. Lorenzo, et al.
On appeal is the Decision dated September 7, 2001 of the Regional Trial Court, Branch 82, Malolos, Bulacan in Civil Case No. 762-M-95....
Promulgated on 2005-08-31

25. CA GR CV 76663: Luis R. Laureta vs. Far East Bank & Trust Company
This is an appeal under Rule 41 of the 1997 Rules of Civil Procedure, as amended, from the Decision dated May 6, 2002 and Omnibus Resolution dated August 8, 2002, rendered by the Regional Trial Court (hereafter RTC), Branch 218, Quezon City, in Civil Case...
Promulgated on 2005-08-31

26. CA GR CV 71611: Intestate Estate of Jose V. Jocson, etc. vs. Sps. Cesar O. & Cecilia Jocson-Villanueva
On appeal is the Decision dated July 30, 2001 of the Regional Trial Court, Branch 132, Makati City...
Promulgated on 2005-08-31

27. CA GR CV 80343: PHILIPPINE PRYCE ASSURANCE CORP. VS. UNSWORTH TRANSPORT INT'L, (PHILS.), INC., ET AL.
In view of the failure of the defendant-appellant to file its brief within the prescribed period per Judicial Records Division Report dated August 12, 2005, the instant appeal is hereby DISMISSED pursuant to Section 1 (e), Rule 50 of the Revised Rules of...
Promulgated on 2005-08-31

28. CA GR CR 01213: People of the Philippines vs. Marciano ALarcos Y Santos
A violation of the dignity, purity and privacy of a child who is still innocent and unexposed to the ways of worldly pleasures is a horrowing experience that destroys not only her future but of the youth population as well, who in the teachings of our na...
Promulgated on 2005-08-31

29. CA GR CV 62716: CITY OF PASIG VS. TERESO V. PASCO
Whether there is genuine necessity for the expropriation of the defendant-appellee?s property is the subject of the present controversy. Defendant-appellee Tereso V. Pasco is the registered owner of a 76-square meter lot located in Bo. Dela Paz, Pasig...
Promulgated on 2005-08-31

30. CA GR SP 80508: SPOUSES PANTALEON and PERLA LOPE vs THE PRESIDING JUDGE OF THE RTC BRANCH 130 OF CALOOCAN, et al
Petitioner spouses Pantaleon and Perla Lope, in this special civil action for certiorari under Rule 65 of the Rules of Court, assail the order of the Regional Trial Court of Caloocan, Branch 130 in Criminal Case No. C-37839, dated September 30, 2003....
Promulgated on 2005-08-31

31. CA GR SP 79714: Sewingdale Phils., Inc., et al vs NLRC, et al
Before us is a petition for certiorari seeking that the Resolution of the National Labor Relations Commission (NLRC) dated April 30, 2003, and its Resolution dated August 29, 2003 denying reconsideration be set aside for grave abuse of discretion....
Promulgated on 2005-08-31

32. CA GR SP 89563: Remigia Grageda, et al. vs. Hon. Nimfa C. Gomez, etc., et al.
Appeal from the Order dated March 15, 2005 of the Regional Trial Court (or RTC) of Legazpi City, Branch 3, in SCA Case No. 10440, which dismissed the petition for certiorari therewith filed by the petitioners-appellants....
Promulgated on 2005-08-31

33. CA GR CV 62716: CITY OF PASIG, represented by City Mayor VICENTE P. EUSEBIO VS. TERESO V. PASCO
Whether there is genuine necessity for the expropriation of the defendant-appellee?s property is the subject of the present controversy. Defendant-appellee Tereso V. Pasco is the registered owner of a 76-square meter lot located in Bo. Dela Paz, Pasig...
Promulgated on 2005-08-31

34. CA GR CR 01298: PEOPLE OF THE PHILIPPINES vs ROBERTO AGUILAR
This is an appeal from the October 10, 2003 Decision of the Regional Trial Court, Branch 69, Pasig City, in Criminal Case No. 125621-H, finding accused Roberto Aguilar guilty beyond reasonable doubt of having committed the crime of Rape against his...
Promulgated on 2005-08-31

35. CA GR SP 76476: EDGARDO SILVERIO, et al vs NLRC, et al
Philworld was duly incorporated with the Securities and Exchange Commission on or about January 4, 1996. It is primarily a provider of internet services to pre-paid and post-paid subscribers. To provide its subscribers with access to the internet, it n...
Promulgated on 2005-08-31

36. CA GR CV 66176: PIO V. GALVEZ, et al vs MAURA V. HIPOLITO
At bar is an appeal from the November 19, 1999 Decision of the Regional Trial Court, Branch 8, Malolos, Bulacan, declaring the challenged donation to be a donation inter vivos and dismissing the complaint for annulment of donation....
Promulgated on 2005-08-31

37. CA GR CV 71521: EDUARDO R. CRISOL VS. NAOMI A. DADO-CRISOL
Before the Regional Trial Court of Legazpi City (Branch 6)was an action for declaration of nullity of marriage filed by Eduardo R. Crisol (or ?appellant?) against Naomi A. Dado-Crisol (or "respondent")....
Promulgated on 2005-08-31

38. CA GR CV 77745: MELBA V. TORRES VS. REPUBLIC OF THE PHILIPPINES
Before the Municipal Trial Court of Binangonan, Rizal (Branch 1) was an application filed by Melba Torres (or "appellee") on April 10, 2000 for registration, by way of confirmation of imperfect title...
Promulgated on 2005-08-31

39. CA GR SP 72170: CONRADO B. BUENA VS. ECC, SSS, ET. AL.
From December 20, 2000 to June 19, 2001, Conrado B. Buena (or "petitioner") was employed by Daelim Philippines, Inc. for its Ilijan 200 MW combined cycle power plant project located at Ilijan, Batangas City as piping supervisor....
Promulgated on 2005-08-31

40. CA GR CV 53271: Sps. Araceli Labitag Clemente, et al. vs. Sps. Eleodoro Alvero & Luisa Jervoso
The Regional Trial Court of Manila, Branch 10, construed the transaction effected between plaintiff-appellees and defendant-appellants as an equitable mortgage. In this appeal, defendant-appellants maintain that the subject transaction was an absolute sa...
Promulgated on 2005-08-31

41. CA GR CV 78498: NELSON TI, ET. AL. VS. REPUBLIC OF THE PHILIPPINES
Before the Regional Trial Court of Batangas (Balayan, Branch XI) was an application for registration, by way of confirmation of imperfect title...
Promulgated on 2005-08-31

42. CA GR SP 75418: ULTRA-TECH CONSTRUCTION CORP. VS. HON, MARIETTA A. LEGASPI, ET. AL.
Before the Regional Trial Court of Pasig City (Branch 165), presided over by Hon. Marietta A. Legaspi (or "respondent judge")...
Promulgated on 2005-08-31

43. CA GR SP 85318: CHONG WON FASHION, INC. VS. SECRETARY OF LABOR PATRICIA STO. TOMAS, ET. AL.
On September 17, 2003, the Nagkakaisang Manggagawa ng Chong Won (NMCW-Independent) (or "respondent Union") filed a petition for certification election before the Department of Labor and Employment (or "DOLE"), Region IV...
Promulgated on 2005-08-31

44. CA GR CR 22055: People of the Philippines vs. Demetrio Laiño Y Montecer
In an Information filed on 11 October 1993 which was docketed as Criminal Case No. 93-937 of the Regional Trial Court (RTC), Fourth Judicial Region, Branch 55, Lucena City, Demetrio Laiño y Montecer (DEMETRIO) was charged with Murder....
Promulgated on 2005-08-31

45. CA GR CR 28623: People of the Philippines vs. Loida Camilon Y Salapare
WE review on appeal the Decision of the Regional Trial Court convicting accused-appellant Loida Camilon y Salapare of illegal recruitment and estafa....
Promulgated on 2005-08-31

46. CA GR SP 84103: Eliseo L. Espanola vs. N.L.R.C. & Interlynx Systems Corp.
Challenged in this special civil action for certiorari, as tainted with grave abuse of discretion, amounting to lack or excess of jurisdiction, are (a) The Decision dated June 27, 2002 of the National Labor Relations Commission...
Promulgated on 2005-08-31

47. CA GR SP 68911: Forfom Development Corp., Inc., etc., et al. vs. D.A.R.A.B., etc., et al.
This is an appeal by way of Petition for Review under Rule 43 to annul and set aside the July 2, 1999 Decision, May 15, 2001 Order and December 14, 2001 Order issued by the Department of Agrarian Reform Adjudication Board (DARAB) in DARAB Case No. 3846 (R...
Promulgated on 2005-08-31

48. CA GR CV 72194: CESAR NUYDA vs ANTIPOLO PROPERTIES, INC
One of the rights accorded to every individual is the freedom to contract. Such freedom however is not without limitations, for the law has set forth certain standards to ensure that every contract must not be contrary to law, public morals or public...
Promulgated on 2005-08-31

49. CA GR CV 53933: SPS. ARISTON and ESTRELLITA ADAN, et. al. vs. ARTURO M. PADUA
Before us is an appeal from the Decision dated January 12, 1996 (Rollo, pp. 51-78) of the Regional Trial Court (RTC) of Urdaneta, Pangasinan, Branch 45, in an action for Recovery of Possession,...
Promulgated on 2005-08-31

50. CA GR SP 46229: JUAN E. MARTIN AND MARIA E. MARTIN VS, JUAN CLULOT, ET. AL
In a contract of sale, the ownership of the thing sold is transferred to the vendee upon the actual or constructive delivery thereof....
Promulgated on 2005-08-31

51. CA GR CV 60020: PIÑAKAMASARAP CORP. vs. ERNESTO A. BANTUGON
This is an appeal from the Decision dated May 7, 1998 of the Regional Trial Court of Quezon City, Branch 90, in Civil Case No. Q- 96-28750 for "Infringement of Trademark, Name, Unfair and Illegal Competition and Damages" decided in favor of plaintiff-a...
Promulgated on 2005-08-31

52. CA GR CV 81135: E.M. Ignacio Lending Investors, etc. vs. Manuel Dela Cruz
BEFORE us is an appeal from the Decision of the Regional Trial Court (RTC) in Nueva Ecija in a replevin suit, ordering defendant-appellant Manuel Dela Cruz (Dela Cruz) to deliver the mortgaged chattels or their monetary value to plaintiff-appellee E.M. I...
Promulgated on 2005-08-31

53. CA GR CR 01304: People of the Philippines vs. Eduardo Maningas Y Paule
ON appeal before Us is the Decision of the Regional Trial Court (RTC) in Manila convicting accused-appellant Eduardo Maningas y Paule of the crime of qualified rape, sentencing him to death and ordering him to indemnify private complainant...
Promulgated on 2005-08-31

54. CA GR CV 82644: RCL Trading CIE, N.V., etc. vs. Geelode Philippines, Inc., et al.
AN unlicensed foreign corporation not doing business in the Philippines is not precluded from maintaining an action before Philippine courts. Its importation of local products is not within the ambit of "doing business" here. Their sellers may be estoppe...
Promulgated on 2005-08-31

55. CA GR CV 82369: Shenton Realty Corp. vs. Sps. Roberto & Emilie J. Romanillos
ANY question regarding the validity of the mortgage or its foreclosure cannot be a legal ground for refusing the issuance of a writ of possession. Regardless of whether or not there is a pending suit for annulment of mortgage or the foreclosure itself,...
Promulgated on 2005-08-31

56. CA GR SP 61786: EPIFANIO GEOCADA, ET. AL. VS. TRINIDAD R. VIANA,
Before this Court is a Petition for Review1 of the decision dated 29 September 2000 issued by the Regional Trial Court, Branch 275 of Las Pinas City, reversing the decision of the Metropolitan Trial Court, Branch 79...
Promulgated on 2005-08-31

57. CA GR CV 80599: Sps. Zenaida V. Uy & Emilio P. Uy vs. Bank of the Philippine Islands, et a.
ELEVATED to Us via this appeal is the Decision of the Regional Trial Court (RTC) in an action to annul/impeach proceedings of foreclosure sale commenced by plaintiffs-appellees, spouses Zenaida and Emilio Uy, against defendant-appellant BPI Family Savin...
Promulgated on 2005-08-31

58. CA GR CV 80440: Sps. Melanio & Lolita Zapanta Capiral vs. Sps. Benjamin N. & Dieva B. Victoria
COURSED via this appeal is the discontentment of plaintiffs-appellants spouses Melanio and Lolita Capiral over the Decision of the Regional Trial Court (RTC) in an action for reformation of real estate mortgage they initiated against defendants-appell...
Promulgated on 2005-08-31

59. CA GR SP 84091: APOLINARIO AMPARO vs SPS. JULIETA and ENGRACIO DEL ROSARIO, et al
This appeal by petition for review is taken by the defendant from the decision rendered by the Regional Trial Court (RTC), Branch 18, in Malolos City, Bulacan on April 14, 2004, affirming the judgment dated November 24, 2003 of the Municipal Trial Cou...
Promulgated on 2005-08-31

60. CA GR SP 76393: EAGLE ROCK TRADING POST, INC., etc. vs. NLRC, et. al.
Assailed in the herein Petition for Certiorari are: a) the January 28, 2000 Decision of the Labor Arbiter in Case Nos. 05-11-00236-97, 05- 12-00161-98, 05-02-00030-98, 05-02-00040-98 and 05-03-00053-98...
Promulgated on 2005-08-31

61. CA GR CR 25393: People of the Philippines vs. Glen Basilio Ko
In an information filed on May 26, 1998 with the Regional Trial Court of Laoag City, Glen Basilio Ko was charged with estafa for obtaining a loan from Milagros Crisologo with the use of a false copy of a title that misled her into thinking that the title...
Promulgated on 2005-08-31

62. CA GR CR 28643: People of the Philippines vs. Ricardo Dacanay
"Intent to kill" may be proven by extrinsic evidence, such as by showing how lethal was the weapon used against the victim; or by showing the nature, location and number of wounds that were sustained by the victim; or by showing how relevant were the wo...
Promulgated on 2005-08-31

63. CA GR SP 84751: Sun & Shield Security Agency, Inc. & Ramon S. Orosa vs. N.L.R.C. & Rogelio G. Estrella
The following elements must concur to find an employee guilty of willful disobedience:...
Promulgated on 2005-08-31

64. CA GR SP 86188: JULIETA C. QUIMEL vs. NLRC, et. al.
Before this Court is a petition for certiorari under Rule 65 of the 1997 Rules of Civil Procedure filed by petitioner Julieta C. Quimel assailing the Resolution of public respondent National Labor Relations Commission (NLRC) dated 26 March 2004 in fa...
Promulgated on 2005-08-31

65. CA GR CV 82701: ERDY ABAOAG, NORMA ABAOAG, et al. vs. NIDA ABAOAG
Before us is an appeal from the decision of Branch 45 of the Regional Trial Court of Urdaneta, Pangasinan in Civil Case No. U-7457, entitled "Erdy Abaoag, et al. vs. Nida Abaoag," for Judicial Partition of Real Estate....
Promulgated on 2005-08-31

66. CA GR CV 58504: EXPORT PROCESSING ZONE AUTHORITY vs. VIRON GARMENTS MANUFACTURING CO., INC.
Before Us on appeal is the decision of the Regional Trial Court, Branch 54, Manila in Civil Case No. 89-49999, the dispositive portion of which reads as follows:...
Promulgated on 2005-08-31

67. CA GR CR 29231: People of the Philippines vs. Crisostomo Arinto Y Rebato
The accused himself submitted an Urgent Motion to Withdraw Appeal (p. 48, rollo) witnessed and endorsed by his jailers. His counsel submitted the Comment (pp. 58-59, rollo) required and therein interposed no objection....
Promulgated on 2005-08-31

68. CA GR CV 84235: PELAGIO MALLARE DAVID vs. REPUBLIC OF THE PHILIPPINES
Considering that oppositor-appellant's "MANIFESTATION AND MOTION TO WITHDRAW APPEAL, viz:...
Promulgated on 2005-08-31

69. CA GR SP 90683: POLICE CHIEF INSPECTOR RUBEN M. SACAGUING vs. POLICE SENIOR SUPERINTENDENT DIOSDADO DR. IBANEZ, et.
In this Petition for Habeas Corpus, Police Chief Inspector Ruben M. Sacaguing avers that his arrest and continued detention at the Rizal Provincial Jail are illegal. Petitioner likewise contends that "the inordinate delay in the presentation of the evi...
Promulgated on 2005-08-31

70. CA GR SP 90757: M+W ZANDER PHILIPPINES, INC., et. al. vs. NLRC, et al.
The instant "PETITION" is denied due course and is outrightly DISMISSED for being insufficient in form and substance....
Promulgated on 2005-08-31

71. CA GR SP 89410: ROMANNA MEDICALLI, FAR EAST MEDICAL EQUIPMENT TRADING, et al. vs. N L R C, et al.
Before Us is a Petition for Certiorari under Rule 65 of the Rules of Court seeking to annul the decision of the National Labor Relations Commission finding the respondent-appellee Lorena Mapano illegally dismissed from employment and awarding her sepa...
Promulgated on 2005-08-31

72. CA GR SP 89207: Rogelio T. Sergio vs. Hon. Antonio M. Esteves, etc. & Juanito M. Keyser
For reason stated in petitioner's Motion to Withdraw Petition dated August 8, 2005 (p. 76, rollo) WHEREFORE, the motion is GRANTED. The petition is deemed WITHDRAWN and this case is DISMISSED....
Promulgated on 2005-08-31

73. CA GR SP 84466: ROSITA OLMEDA BRAGAIS, et. al. vs. SANTIAGO OLMEDA
Administrative proceedings are not strictly bound by formal rules on evidence. However, the liberality of procedure in administrative actions is still subject to limitations imposed by the fundamental requirement of due process....
Promulgated on 2005-08-31

74. CA GR CV 54166: Seventeen Homebuilders Development Corp. vs. Hon. Florentino Alumbres, etc., et al.
The petitioner Seventeen Homebuilders Development Corporation (or hereafter Homebuilders) in this Petition for Certiorari and Prohibition (With Prayer for Lifting of TRO/Injunction) asks that the Order dated July 26, 1999 of the respondent Hon. Flore...
Promulgated on 2005-08-31

75. CA GR CV 82289: People of the Philippines, et al. vs. Wilfredo Galvez, et al.
The appellees Wilfredo Galvez, Cristituto Gruta, Jose Austral, Joel Sales, Renato Batayola, Patricio Fresnillo, Jr., Jovy Noble, Emilio Dominico, Nenito Nilmao and Danilo Arguelles (or appellees hereafter unless individualized by surname) were accused...
Promulgated on 2005-08-31

76. CA GR CR 01056: People of the Philippines vs. Jose Ingal Y Santos
An alibi just like a mere denial of the crime charged is negative self-serving evidence which is one of the weakest, if not the weakest defense in criminal cases. Unless clear and convincing evidence is adduced to prove that it was physically impossib...
Promulgated on 2005-08-31

77. CA GR CV 68952: Ilunnie D. Diton-Mayor vs. Republic of the Philippines & Nicomedes M. Mayor
Before the Court is an appeal from the Decision dated July 12, 1999 of Branch 72, Regional Trial Court, Olongapo City in Civil Case No. 229-0-97, granting the complaint for "Declaration of Nullity of Marriage" filed by plaintiff-appellee Ilunnie D. Dit...
Promulgated on 2005-08-31

78. CA GR CR 01268: PEOPLE OF THE PHILIPPINES vs. SAYDALI AMELOG Y MACAOMBAO
This is an appeal from the decision rendered by the Regional Trial Court of Caloocan City (Branch 123) dated November 10, 2003 convicting herein accused-appellant Saydali Amelog of violations of Sections 5 and 11, Art. II of RA 9165....
Promulgated on 2005-08-31

79. CA GR SP 84691: Edgardo Tiu vs. N.L.R.C. & Grace Christian High School &/or Dr. James Tan, Owner
Assailed in the present petition for certiorari filed under Rule 65, 1997 Rules of Civil Procedure are the (i) Resolution dated January 19, 2004 in NLRC NCR CA No. 036657-03 of public respondent National Labor Relations Commission (NLRC) which reverse...
Promulgated on 2005-08-31

80. CA GR SP 85188: Colegio del Santisimo Rosario & Sr. Zenaida Mofada,OP vs. N.L.R.C. & Emmanuel Rojo
Before the Court is a petition for certiorari under Rule 65, 1997 Rules of Civil Procedure assailing the (i) Decision dated July 31, 2003 of public respondent National Labor Relations Commission Second Division) in RAB V-05-01-00147-96 which affirmed...
Promulgated on 2005-08-31

81. CA GR SP 85417: Gerardo B. Marcelo & Dorothy Marcelo vs. N.L.R.C., Eduardo D. Regidor, et al.
Assailed in the present petition for certiorari under Rule 65, 1997 Rules of Civil Procedure are the following: (1) Resolution dated January 15, 2004 of public respondent National Labor Relations Commission (NLRC) in NLRC NCR 00-01-00584-2000 which af...
Promulgated on 2005-08-31

82. CA GR CV 82807: JOSE VIRGILIO JUTA vs. REPUBLIC OF THE PHILIPPINES
This is an appeal from the Decision dated March 8, 2004 of the Regional Trial Court of Pasig City, Branch 168 in LRC Case No. N-11474, which is a Petition for Land Registration....
Promulgated on 2005-08-31

83. CA GR CV 58353: Juana de Castro vda. de De Guzman vs. Benigno De Guzman
Sought in this appeal is the reversal of the Decision dated May 8, 1997 in Civil Case No. 683-M-89 (accion publiciana) of Branch 22, Regional Trial Court, Malolos, Bulacan, ordering defendant-appellant Benigno de Guzman to cease from cultivating the s...
Promulgated on 2005-08-31

84. CA GR CV 62273: Producers Bank of the Philippines vs. Lyon Textile Mills, Inc., et al.
Impugned in this appeal is the Decision dated April 24, 1998 of Branch 135, Regional Trial Court, Makati City in Civil Case No. 91- 3273 (for sum of money with prayer for preliminary attachment), adjudging defendant-appellant Johnny Yu and defendants...
Promulgated on 2005-08-31

85. CA GR SP 88476: SPOUSES MINERVA and ROMEO BASILIO vs. HON. PATRIA A. MANALASTAS-DE LEON, et al.
Petitioners-spouses Minerva and Romeo Basilio seek to annul the Order dated December 20, 2004 (Annex "A", Petition; p. 16, Rollo), denying their "Motion to Lift and Set Aside Order of Default/Reconsideration/Admit Incorporated Answer"...
Promulgated on 2005-08-31

86. CA GR CR 26539: Ma. Cita Aguinaldo & Sande Aguinaldo vs. People of the Philippines, et al.
Through an Amended Petition for Review, petitioners Ma. Cita Aguinaldo and her father Sande Aguinaldo (or hereafter the Aguinaldos unless individually referred to by their first names) seek the reversal of the Decision dated April 18, 2000 of the Regio...
Promulgated on 2005-08-31

87. CA GR CV 80972: Henry Munar Chan vs. Republic of the Philippines
In the petition for Reconstitution and Issuance of Original and New Owner's Duplicate Copy of Transfer Certificate of Title No. 221906 in the Registry of Deeds of Quezon City in Lieu of the Lost Title, filed by the appellee Henry Munar Chan....
Promulgated on 2005-08-31

88. CA GR CR 27344: PEOPLE OF THE PHILIPPINES vs. Joeven Velasco Y Servan
On appeal to this Court is the decision of Branch 5, RTC, Legazpi City in Criminal Case No. 9290. The dispositive portion states:...
Promulgated on 2005-08-31

89. CA GR CV 81311: RADIUM ENGINEERING SUPPLIES, INC. vs. NATIONAL POWER CORPORATION, et. al.
Intervenor-appellant's Appeal is DISMISSED for its failure to file the required brief despite notice, pursuant to Section 1(e), Rule 50 of the Revised Rules of Court....
Promulgated on 2005-08-31

90. CA GR CV 76495: Victor Tan vs. Sps. Avito Yu & Warlita Uy
Aggrieved by the Decision dated January 9, 2002 of the Regional Trial Court, Branch 34, Manila, appellants argue in this appeal that:...
Promulgated on 2005-08-31

91. CA GR CV 55235: VALENTINA BAYUDAN, et. al. vs. ANASTACIO DUMAYAS, et. al.
On appeal by the defendants-appellants Anastacio Dumayas and Jovita (Pacita) Tumamao and Francisco Tumamao; Paula (Flora) Tumamao and Anastacio Dumayas, and Melchor Tumamao and Silverio Gaoiran ("defendants-appellants") is the "JOINT DECISION" dated 2...
Promulgated on 2005-08-31

92. CA GR CV 81198: ADELMO AGACITE y GARCIA vs. DEXTER C. ALAMILLO and PONCIANO P. ALAMILLO
Acting on the appellants' Motion for Reconsideration and the Comment thereto of the appellee, We find the arguments raised in the appellants' motion to be bereft of merit....
Promulgated on 2005-08-31

93. CA GR CV 80535: Benito R. Pizarro vs. THE MANAGER AND ALL THE OTHER BANK EMPLOYEES UNION BANK OF PHILIPPINES,
Perusing over the arguments raised in appellants' Motion for Reconsideration and those contained in appellee's Comment thereto, We find the Motion for Reconsideration offering no justification to compel a modification or reversal of Our Decision dated...
Promulgated on 2005-08-31

94. CA GR SP 82323: JAF REALTY & HOLDINGS CORPORATION vs 1218 CONSTRUCTION & DEVELOPMENT CORP.,et al
This is a petition for review under Rule 43 of the Revised Rules of Civil Procedure seeking to rectify the erroneous computation of the award of overpayment rendered by the Arbitral Tribunal of the Construction Industry Arbitration Commission....
Promulgated on 2005-08-31

95. CA GR SP 80977: COCA-COLA BOTTLERS PHILS. vs. NLRC, ET AL.,
This case is a consolidation of two (2) petitions for certiorari with ancillary injunctive reliefs, filed by Coca-Cola Bottlers Philippines, Inc. (or Coca-Cola hereafter for brevity) to annul and set aside the respondent National Labor Relation Commiss...
Promulgated on 2005-08-31

96. CA GR CR 27840: REMEDIOS ROSALES-BONDOC, ET AL VS. FRANCISQUIEL MANCILE, ET AL.
The oppositors-appellants appeals the order of the Regional Trial Court (RTC) of Batangas City, Branch 84 dated May 6, 2003 finding them guilty of Indirect Contempt...
Promulgated on 2005-08-31

97. CA GR CR 28482: PEOPLE vs. OLIVE RUBIO MAMARIL
This is an appeal assailing the judgment of the Regional Trial Court of Tarlac City, Branch 64, in Criminal Case No. 12600....
Promulgated on 2005-08-31

98. CA GR CR 25800: PEOPLE VS. ELVIRA DIAZ
The accused appeals the decision of the Regional Trial Court of Baguio City, Branch 7 dated August 7, 2001...
Promulgated on 2005-08-31

99. CA GR SP 87419: Jimmy Curato & Manuel D. Torres vs. Hon. Santiago G. Estrella, etc., et al.
Before this Court is a Petition for Certiorari with prayer for the issuance of a temporary restraining order and/or writ of preliminary injunction assailing the Order dated January 19, 2004 issued by the Regional Trial Court, Branch 68, Pasig City, which...
Promulgated on 2005-08-31

100. CA GR SP 82688: Rufino Dayrit, et al. vs. Manila Electric Company &/or Manuel M. Lopez
Through the instant petition for certiorari under Rule 65 of the Rules of Court, petitioners Rufino Dayrit, Ruby Ann Dumandan, Blesilda Duroyan, Rodrigo Paez, Manuel Paulete, Ferdinand Reyes, Cecilia Digna G. Sayson and Eduard Sevilla seek to annul and se...
Promulgated on 2005-08-31

101. CA GR SP 90320: ANA MARIE M. PADRE VS. MONICA JEANNIE P. DABU
Under Section 1, Rule 42 of the 1997 Rules of Civil Procedure, the Court may grant an additional period of fifteen (15) days only within which to file the petition for review....
Promulgated on 2005-08-31

102. CA GR CV 67926: HEIRS OF THE LATE MAMERTO RAMOS vs. CARLITO RAMOS
Defendant-appellant Carlito Ramos appealed from the Decision dated April 18, 2000 of the Regional Trial Court of Cabugao, Ilocos Sur, Branch 24, disposing the case ,viz.:...
Promulgated on 2005-08-31

103. CA GR CV 77954: Caludia S. Villarama et. al. vs. Spouses Manuel and Cecilia Ricafort, et. al.
This is an appeal from the decision of Branch 30, Regional Trial Court, San Jose, Camarines Sur in Civil Case No. T-773, the dispositive portion of which states, to wit:...
Promulgated on 2005-08-31

104. CA GR CV 77416: FERNANDO MACAWILI, et. al. vs. MARCIANA RANALAN, et. al.
On appeal is the Order dated 14 December 2001 of Branch 27 of the Regional Trial Court of Santa Cruz, Laguna in Civil Case No. SC-2916, the dispositive portion of which reads:...
Promulgated on 2005-08-31

105. CA GR SP 86772: JESSIE M. JAGNAAN vs. NLRC, et. al.
Assailed in this petition for certiorari filed under Rule 65 of the Rules of Court are the Resolution dated October 27, 2003 and Order dated June 28, 2004 of public respondent National Labor Relations Commission ["NLRC"]. The resolution dismissed pe...
Promulgated on 2005-08-31

106. CA GR SP 89713: ELISEO F. SORIANO, et. al. vs. IGLESIA NI CRISTO, et. al.
Injunction would not lie when the acts sought to be enjoined have become a fait accompli or an accomplished or consummated act....
Promulgated on 2005-08-31

107. CA GR CR 28685: PEOPLE OF THE PHILIPPINES vs. CHRISTOPHER ELIZALDE
If the human life must be taken to pay a debt to society, let not a wrong man, ever, be made to account for it. The trek to Justice is not a game of chance or skill but a quest for truth, the only path by which the righteous end can be reached (People...
Promulgated on 2005-08-31

108. CA GR CV 76705: FGU INSURANCE CORPORATION vs. CORECK MARITIME GMBH, et. al.
Appellant Asian Terminals, Inc. (formerly known as "Marina Port Services, Inc.") assails the Decision dated 26 March 2002 of the Regional Trial Court, Branch 12, Manila City, disposing of its case as follows:...
Promulgated on 2005-08-31

109. CA GR CV 77534: Feliciano J. Francisco vs. People Trans-Asia Insurance Corp, etc.
On appeal before Us is an Order dated September 23, 1999 issued by the Regional Trial Court of Valenzuela City in Civil Case No. 87-V-99....
Promulgated on 2005-08-31

110. CA GR CV 76763: Maria Intoken Guiniguin vs. Benita Lingbanan, et. al.
This is an appeal assailing the Judgment dated August 9, 2002, rendered by Regional Trial Court of Bontoc, Mountain Province, Branch 35, in Civil Case No. 854. The dispositive portion of said Decision reads:...
Promulgated on 2005-08-31

111. CA GR SP 83228: YO-ZURI PHILIPPINES, INC. vs. SECRETARY OF THE DEPARTMENT OF LABOR AND EMPLOYMENT, et. al.
Assailed in this petition for certiorari filed under Rule 65 of the Rules of Court is the 30 January 2004 decision1 of DOLE Secretary Patricia A. Sto. Tomas which reversed the 30 September 2003 Order of MED-Arbiter Anastacio L. Bactin dismissing priva...
Promulgated on 2005-08-31

112. CA GR SP 77238: Teodorico A. Aquino vs. Prudential Bank, etc.
Before us is a petition for review under Rule 42 of the 1997 Rules of Civil Procedure, which seeks to reverse and set aside the decision dated September 30, 2002 of the Regional Trial Court, Branch 104 of Quezon City in Civil Case No. Q-01-45383 for ej...
Promulgated on 2005-08-30

113. CA GR CR 00440: People of the Philippines vs. Jay Fernando Manaloto Y Lagcao
Before this Court is an appeal from the Decision dated November 27, 2003 of the Regional Trial Court (RTC), National Capital Judicial Region, Branch 231, Pasay City in Criminal Case No. 02-1741....
Promulgated on 2005-08-30

114. CA GR CR 00515: People of the Philippines vs. Bernie Teodoro Y Caparas
Rape is a crime that certainly arouses a feeling of abhorrence. This is so even with due recognition of what MacIver referred to as the "imperative of sex," characterizing it as "so powerful an appetite" permeated by the "recklessness and caprice of d...
Promulgated on 2005-08-30

115. CA GR CV 84764: Ronnie S. Surat vs. Local Civil Registrar of Manaoag, Pangasinan
The notice of this Court requiring the Office of the Solicitor General to submit the appellant's brief within 45 days from receipt was received by OSG on June 6, 2005 as shown by the registry return card attached to the record....
Promulgated on 2005-08-30

116. CA GR CV 75115: Editha Rivero, et al. vs. Santos Raymundo, etc.
On appeal is the Decision dated November 12, 2001 of the Regional Trial Court, Branch 77, Malolos, Bulacan, dismissing Civil Case No. 808-M-97 for lack of jurisdiction....
Promulgated on 2005-08-30

117. CA GR CV 74824: Liwayway Francisco vs. Generosa E. Marquez
On appeal is the Decision dated April 9, 2002 of the Regional Trial Court, Branch 86, Quezon City dismissing the complaint for the declaration of nullity of Transfer Certificate of Title No. 240142 filed by plaintiff-appellant Liwayway Francisco against d...
Promulgated on 2005-08-30

118. CA GR CR 00217: People vs Aristo Villanueva
A cursory evaluation of the Judicial Records Division's report dated 10 August 2005 reveals that the accused-appellant has not filed his brief within the thirty (30) day period prescribed by the Supreme Court in its Resolution dated 08 September 2004....
Promulgated on 2005-08-30

119. CA GR CV 69083: Sis. Guia N. Jambalos, etc. vs. Serafin Molinao
This is an appeal interposed by plaintiff-appellant Sis. Guia N. Jambalos, as attorney-in-fact of Emma N. Pangilinan, from the Order of the Regional Trial Court, Branch 94, Boac, Marinduque dated June 7, 2000 dismissing the complaint in Civil Case No. 9...
Promulgated on 2005-08-30

120. CA GR CR 28656: PEOPLE OF THE PHILIPPINES vs. FELICITAS ARCENAL
Accused-appellant Felicitas Arcenal was indicted in an Information for Estafa, penalized under Article 315 paragraph 2(d), which reads:...
Promulgated on 2005-08-30

121. CA GR CR 29483: People vs William Abliter y Jardin
This pertains to the appointment of a counsel de oficio for the accused-appellant, William Abliter, who signed and filed a notice of appeal before the Regional Trial Court of Olongapo, City - Branch 75 on 08 April 2005, who apparently is without a coun...
Promulgated on 2005-08-30

122. CA GR CV 82652: Sps. Modesto and Raquel Alejandro, et al. vs .Marcelino E. Lopez, et al.
On appeal is the Decision, dated March 11, 2004, of the Regional Trial Court (RTC) of Antipolo City, Branch 73, rendered in Civil Case No. 96-3918....
Promulgated on 2005-08-30

123. CA GR SP 78573: Daniel Paduata vs NLRC, et al.
This treats of the Urgent Motion for Reconsideration filed by the petitioner, through counsel, on 25 January 2005, seeking for the reconsideration of the Decision dated 29 July 2004, the decretal portion of which reads:...
Promulgated on 2005-08-30

124. CA GR CR 28495: PEOPLE OF THE PHILIPPINES vs. LOWEL AYOP
This is an Appeal from the Decision dated December 29, 2003 of the Regional Trial Court of Caloocan City, Branch 123 in Criminal Case No. C- 68137, finding the accused-appellant Lowel Ayop guilty beyond reasonable doubt of the crime of Violation of Sec...
Promulgated on 2005-08-30

125. CA GR CV 66672: SPOUSES DIONISIO GERONIMO and CARIDAD GERONIMO vs. PHILIPPINE SAVINGS BANK, et. al.
On appeal is the Decision of the Regional Trial Court, Caloocan City, Branch 121, dated November 26, 1999, dismissing appellants' complaint for annulment of foreclosure of mortgage and damages....
Promulgated on 2005-08-30

126. CA GR CV 78675: FERNANDO BALMACEDA, et. al. vs. EDUARDO GARCIA
A party cannot evade the application of res judicata by simply varying the form of the action or by adopting a different mode of presenting its case, as was done here....
Promulgated on 2005-08-30

127. CA GR SP 90862: Provincial Govt. of the Province of Catanduanes vs. Maritime Industry Authority, et al.
Petitioner most respectfully manifest that they will no longer file the petition for review and is withdrawing its aforementioned motion as the parties reached an amicable settlement....
Promulgated on 2005-08-30

128. CA GR CV 77431: ELIZA T. TATEL vs. REYNALDO P. NODADO, ET AL
Before us is an appeal from the decision dated August 6, 20021 of the Regional Trial Court of Quezon City, Branch 87, in Civil Case No. Q- 99- 37487 dismissing the action filed by the herein petitioner Eliza T. Tatel for the Declaration of Nullity of h...
Promulgated on 2005-08-30

129. CA GR SP 74847: SPOUSES MAGNO G. RIVERA and GLENDA L. RIVERA vs MANILA ELECTRIC COMPANY
Before us is a petition for certiorari seeking to set aside the Resolutions dated August 5, 2002, October 24, 2002 and December 10, 2002 of the Regional Trial Court, Branch 225, Quezon City insofar as the same did not declare Section 9 of Republic Act...
Promulgated on 2005-08-30

130. CA GR CV 56080: Rural Bank of Lingayen, Inc. vs. Security Bank & Trust Company
Corporate transactions would speedily come to a standstill w(h)ere every person dealing with a corporation (were) held duty-bound to disbelieve every act of its responsible officers, no matter how regular they should appear on their face. Certainly, c...
Promulgated on 2005-08-30

131. CA GR CV 80358: Estate of the Late Conrado P. Angeles, etc., et al. vs. Republic of the Philippines
Before this Court is an appeal from the decision dated February 6, 2003 of the Regional Trial Court, National Capital Judicial Region, Branch 222, Quezon City in LRC No. Q15458 (02)....
Promulgated on 2005-08-30

132. CA GR SP 88170: Sps. Roger and Corazon Gernale vs. Hon. Victoria C. Fernandez, et. al.
Before Us is a Petition for Certiorari and Prohibition against the Order of the the public respondent dated October 14, 2004 issued in Civil Case No. 438-M-2002,...
Promulgated on 2005-08-30

133. CA GR CV 82219: Rolando Ancheta vs. ALFREDO CAPILI
Before this Court is a Motion for Leave to Admit Appellant's Brief dated December 29, 2004....
Promulgated on 2005-08-30

134. CA GR CV 83113: Fort Lee Assets Management Corp. vs. Sps. Rodel & Edna Corcuera
Before this Court is an appeal from the decision dated May 13, 2004 of the Regional Trial Court, National Capital Judicial Region, Branch 104, Quezon City, in Civil Case No. Q- 00-41488....
Promulgated on 2005-08-30

135. CA GR SP 83138: Land Bank of the Philippines vs. Enrique Livioco
Before this Court is a petition for review under Rule 42 of the 1997 Rules of Civil Procedure of the decision dated January 29, 2004 and the order dated March 16, 2004 of the Regional Trial Court, Third Judicial Region, Branch 56, Angeles City in Civil ...
Promulgated on 2005-08-30

136. CA GR SP 90621: Hrs. of Buenaventura Ravina vs. Hon. Sergio G. Mabunay, etc., Manotok Services, Inc., et al.
Considering that the Verification/Certification of non-forum shopping was subscribed to by Erlinda Ravina as one of the heirs of Buenaventura Ravina sans claim or proof that she signs for the other heirs too and was authorized for this - WHEREFORE, the...
Promulgated on 2005-08-30

137. CA GR CR 00700: People of the Philippines vs. Alexander Salvador Y Encinas
Before this Court is an appeal from the Decision dated June 26, 1998 of the Regional Trial Court (RTC), Third Judicial Region, Branch 75, Olongapo City in Criminal Case No. 390-96 for Rape and Criminal Cases Nos. 391-96 to 395-96 for violation of Section...
Promulgated on 2005-08-30

138. CA GR CV 57296: RICARDO LAGMAN VS. JUAN MACUSI,
On appeal before this Court is the decision of the Regional Trial Court of Tagudin, Ilocos Sur, Branch 25 dated August 18, 1997, the dispositive portion of which reads as follows:...
Promulgated on 2005-08-30

139. CA GR SP 90904: Maxima Reyes, et al. vs. Julia Ignacio Matias, et al.
Considering that the assailed Order dated May 20, 2005 (Annex E of the petition, p.34, rollo) and Order dated June 30, 2005 (Annex G of the petition, p.38, rollo) are machine copies only of the certified duplicate original thereof and that copies of...
Promulgated on 2005-08-30

140. CA GR CV 81021: Socorro Cani & Evelina Bandola, etc. vs. Sps. Teresita Santos & Brigido Santos
This is an appeal under Rule 41 of the 1997 Rules of Civil Procedure, as amended, from the Decision dated August 15, 2003, rendered by the Regional Trial Court (hereafter RTC), Branch 2, Manila, in Civil Case No. 98-90237 for Injunction with Prayer for...
Promulgated on 2005-08-30

141. CA GR SP 70139: International School Manila vs. Hon. Patricia Sto. Tomas, etc., et al.
Before the Court are the Motion for Service and Enforcement of Judgment (hereafter motion) and Motion for Inhibition dated May 24, 2005 and June 27, 2005, respectively, of petitioner International School Manila (hereafter petitioner) and the Manifestat...
Promulgated on 2005-08-30

142. CA GR SP 83656: EMMANUEL G. CLETO, ET AL., VS. HON. TOMAS B. TALAVERA, PRESIDING JUDGE RTC CABANATUAN CITY, ET AL.,
In this petition for certiorari under Rule 65 of the Revised Rules of Court, the petitioners seek the reversal of the April 15, 2004 order1 of the Regional Trial Court of Cabanatuan City in Civil Case No. 4730-AF. The...
Promulgated on 2005-08-30

143. CA GR CR 01121: PEOPLE OF THE PHILIPPINES vs. CHRISTOPHER FLORES Y CHENG, et. al.
This appeal was transferred from the Supreme Court via a resolution en banc dated August 17, 2004 pursuant to the ruling in People of the Philippines vs. Efren Mateo (G.R....
Promulgated on 2005-08-30

144. CA GR CV 67430: Vicente Yu Chang & Soledad Yu Chang vs. Republic of the Philippines
This an appeal from the Decision dated April 28, 2000 of the Regional Trial Court, Branch 31, Pili, Camarines Sur, granting the Petition for confirmation of imperfect title and land registration under the Property Registration Decree of applicants-appelle...
Promulgated on 2005-08-26

145. CA GR CV 68187: Festo, Inc. vs. All Systems 9, Your Computer Center, Inc.
Third-party defendant-appellant Compex International, Inc., (Compex) filed this appeal seeking relief from the Decision dated December 20, 1999, rendered by the Regional Trial Court, Branch 145, Makati City in an action for breach of contract, breach of...
Promulgated on 2005-08-26

146. CA GR CR 28676: People of the Philippines vs. Madeline Villones & Marietta Diño
The present appeal relates to the Decision convicting appellants Madeline Villones and Marietta Diño of estafa through falsification of public document....
Promulgated on 2005-08-26

147. CA GR SP 67931: Union Bank of the Philippines vs. Hon. Delia H. Panganiban, etc., et al.
Union Bank of the Philippines (UBP) is the defendant in Civil Case No. 99- 2069 entitled "Brenda Gurango-Redor, jointly with her husband Moreno O. Redor, and Ma. Victoria Samonte jointly with her husband Lawrence C. Samonte,...
Promulgated on 2005-08-26

148. CA GR CV 68601: International Exchange Bank vs. Sps. Natalio & Ma. Luisa Balboa & John Doe
Defendants-appellants Spouses Natalio and Maria Luisa Balboa come to this Court seeking the reversal, setting aside, amendment and/or modification of the Decision dated February 2, 2000 rendered by the Regional Trial Court, Branch 142, Makati City, which...
Promulgated on 2005-08-26

149. CA GR SP 67189: DIWATA JOSELE DIC ZAMBRANO VS. NLRC, ET.AL.
This is a Petition for Certiorari under Rule 65 of the Rules of Court assailing the May 28, 2001 Decision of the public respondent National Labor Relations Commission, Third Division in NLRC Case No. 00-09-09451-99...
Promulgated on 2005-08-26

150. CA GR SP 62177: MONSOON MARITIME SERVICES (PHILS), INC. VS. NLRC, ET. AL
This is a Petition for Certiorari under Rule 65 of the Rules of Court assailing the September 29, 2000 Decision of the public respondent National Labor Relations Commission, Third Division in NLRC Case No. (M) 98-04-04448 CA No. 020401-99...
Promulgated on 2005-08-26

151. CA GR CR 01031: PEOPLE VS. ELMON SOLIS y LALU
This is an appeal pursuant to Section 3(c), Rule 122 of the Rules of Criminal Procedure (as amended by A.M. No. 00- 5-03-SC1), from the November 3, 2003 Decision of the Regional Trial Court of Manila, Branch 18, convicting the accused-appellant of the...
Promulgated on 2005-08-26

152. CA GR SP 61587: ABS-CBN BROADCASTING, CORP. VS. NLRC, ET. AL.
In the case before Us, the perennial issue of what constitutes an employer-employee relationship again confronts this Court. Taking into consideration the time-honored control test, We are constrained to rule for the respondents....
Promulgated on 2005-08-26

153. CA GR SP 68032: JOSE FRANCISCO G. ARRIOLA VS. THE OFFICE OFOMBUDSMAN, ET. AL.
Before Us is a Petition for Certiorari under Rule 65 of the Rules of Court seeking to assail the Decision of the public respondent Office of the Ombudsman dated July 4, 2000, and its Orders dated April 3, 2001 and July 2, 2001....
Promulgated on 2005-08-26

154. CA GR CV 76972: Sps. Ernesto & Ermita Palad vs. Sps. Alfredo & Virginia Quito
Aggrieved by the Decision dated July 1, 2002 of the Regional Trial Court, Branch 99, Quezon City, appellants filed this appeal anchored on the lone ground that:...
Promulgated on 2005-08-26

155. CA GR CV 61691: SERAFIN D. BITUIN vs EDUARDO LALIC, et al
Before us is an appeal from the order dated July 22, 1998 of the Regional Trial Court (RTC), Branch 53 of Guagua, Pampanga...
Promulgated on 2005-08-26

156. CA GR CV 60541: MONICO GUTIERREZ, JR. vs REPUBLIC OF THE PHILIPPINES
Before us is an ordinary appeal under Rule 41 assailing the May 6, 1998 Order of the Regional Trial Court of Roxas, Isabela, Branch 23, in LRC Br. 23-307. The decretal portion reads:...
Promulgated on 2005-08-26

157. CA GR CV 67319: TERESA Q. AGATLAO VS. REPUBLIC OF THE PHILIPPINES
Before this Court is an appeal from the March 16, 2000 Decision of the Regional Trial Court of Gapan, Nueva Ecija, Branch 35, in Sp. Proc. No. 579, declaring petitioner appellee's spouse as an absentee and presumptively dead for all intents and purpose...
Promulgated on 2005-08-26

158. CA GR SP 80057: MINDA B. ALSIYANG vs PRC (BOARD OF PROFESSIONAL TEACHERS)
Appeal by petition for review has been taken by Minda B. Alsiyang to seek the review of the order rendered on August 19, 2003 in Administrative Case No. 02-104542 entitled In Re: Minda A. Alsiyang, whereby the Regional Trial Court (RTC), Branch 34,...
Promulgated on 2005-08-26

159. CA GR CV 76076: Shirley M. Yu-Go, et al. vs. Sps. Antonio & Alida Mores
In appealing the Decision dated June 28, 2002 of the Regional Trial Court, Branch 27, Naga City, appellants claim:...
Promulgated on 2005-08-26

160. CA GR SP 65938: SALVACION B. SANTOS vs. ACTIVE REALTY AND DEVELOPMENT CORPORATION
Finding that the grounds and arguments relied upon by the petitioner in her motion for reconsideration reiterates grounds and arguments already addressed and resolved by the decision dated March 30, 2005,...
Promulgated on 2005-08-26

161. CA GR CV 79195: AGNES AGUAS AUSTRIAL, et al vs MARILYN RAZON
We have appreciated plaintiffs-appellants arguments in seeking a reconsideration of Our March 28, 2005 Decision--- affirming in toto the trial court's decision but sadly, We find no compelling or justifiable reason to grant the same....
Promulgated on 2005-08-26

162. CA GR CV 57581: Ismael B. Orbegoso vs. Libreto V. Patromo, etc.
On appeal before this Court is the Decision of the Regional Trial Court of Binan, Laguna, Branch XXV in Civil Case No. B-3867, dismissing the complaint for rescission and damages instituted by the plaintiff-appellant against the defendant-appellee....
Promulgated on 2005-08-26

163. CA GR CV 65849: SICANTALA DEVI DASS SHARMA vs REPUBLIC OF THE PHILIPPINES
At bar is an appeal from the November 16, 1999 Decision of the Regional Trial Court, Branch 51, Manila, in Naturalization Case No. 97-84493 filed by Sicantala Devi Dass Sharma (petitioner-appellee), the decretal portion of which states:...
Promulgated on 2005-08-26

164. CA GR CV 79425: CHIU-TAY vs HONORABLE ERNESTO GARILAO, et al
We have appreciated defendant-appellant's arguments in seeking a reconsideration of Our March 17, 2005 Decision--- affirming in toto the trial court's decision but sadly, We find no compelling or justifiable reason to grant the same....
Promulgated on 2005-08-26

165. CA GR CV 82356: WING AN CONSTRUCTION and DEVELOPMENT CORPORATION vs EMIRATES CRANE ENTERPRISES
We have appreciated defendant-appellant's arguments in seeking a reconsideration of Our April 29, 2005 Decision--- affirming in toto the trial court's decision but sadly, We find no compelling or justifiable reason to grant the same....
Promulgated on 2005-08-26

166. CA GR SP 87496: Lead Resources Management Corp., et al. vs. N.L.R.C. & Baby Jane De Jesus
In this Petition for Certiorari, petitioners Lead Resources Management Corporation, Dr. Adelmina Mananquil and Kuwait Food Company (Amerikana) assail the Resolution promulgated on August 27, 2004 of the National Labor Relations Commission (NLRC) which di...
Promulgated on 2005-08-26

167. CA GR CR 22845: People of the Philippines vs. Virgie Azucena Y Bisueno, et al.
A lesbian couple residing at 805 MF Jhocson Street, Sampaloc, Manila were apprehended in front of their house in the evening of July 3, 1998 for selling without authority a regulated drug known as methamphetamine hydrochloride or shabu....
Promulgated on 2005-08-26

168. CA GR SP 88851: Genaro C. Dijamco, et al. vs. Hon. Silverio Q. Castillo, etc., et al.
This is a petition for certiorari in which the petitioners seek to invalidate a Resolution of the RTC of Dagupan City upholding the search warrants it had issued. Among the respondents impleaded in the petition is the People of the Philippines, through t...
Promulgated on 2005-08-26

169. CA GR CR 22171: People of the Philippines vs. Alfredo Dulin Y Narag alias "Freddie"
In an Information filed on 7 January 1991 which was docketed as Criminal Case No. 503 of the Regional Trial Court, Second Judicial Region, Branch III, Tuguegarao, Cagayan, ALFREDO "FREDDIE" DULIN was charged with Murder under Article 248 of the Revised...
Promulgated on 2005-08-26

170. CA GR SP 90865: SPOUSES JOSE and CARMEN SAHAGUN, et al vs HON. SAMUEL H. GAERLAN, et al
This is a petition for certiorari assailing the June 29, 2005 Order of the Regional Trial Court, Branch 92, Quezon City, in LRC Case No. Q-192- 00 (05) an action for "Issuance of Writ of Possession" filed by private respondent, Equitable PCIBank, Inc.....
Promulgated on 2005-08-26

171. CA GR SP 56157: CARMENCITA DEL VALLE-ROBES vs. HON. REGIONAL TRIAL COURT OF MALOLOS, BULACAN, et. al.
Petition for annulment of the June 28, 1993 Decision and October 7, 1999 Alias Writ of Execution issued by the Regional Trial Court (Br. 17, Malolos, Bulacan) in Civil Case No. 346-M-89 entitled "Reynaldo B....
Promulgated on 2005-08-26

172. CA GR SP 78780: Cesar Julio C. Umali vs. Hon. Rodolfo R. Bonifacio, etc., et al.
The petitioner Cesar Julio Umali is the father of the minor Mark John Pardinas from an extra-marital relationship with the mother, the respondent Vivian Mary Jane Pardinas....
Promulgated on 2005-08-26

173. CA GR CV 84099: SUN GROUP INTERNATIONAL, INC. vs. SUBIC BAY WATERFRONT DEV'T. CORP.
Defendant-appellant's Appeal is DISMISSED for it's failure to file the required appellant's brief despite the extended period granted, pursuant to Section 1(e), Rule 50 of the Revised Rules of Court....
Promulgated on 2005-08-26

174. CA GR CV 76676: Ma. Soly Borromeo vs Ramon Javellana
This treats of the motion for reconsideration filed by the plaintiff-appellant through counsel on 08 February 2005, seeking for the reconsideration of the Resolution dated 30 November 2004, the decretal portion of which reads:...
Promulgated on 2005-08-26

175. CA GR SP UDK 5019: RUFINO E. ANTIGO vs. SOCIAL SECURITY SYSTEM
In a Resolution dated 6 June 20051, this Court ruled:...
Promulgated on 2005-08-26

176. CA GR SP 90973: JESUS RAMOS, et al vs THE HON. MA. VICTORIA ALBA-ESTOESTA, et al
This a verified petition praying for a review of the June 28, 2005 Order of the Metropolitan Trial Court, Branch 41, Quezon City, ordering the petitioners to vacate the premises pursuant to a writ of execution. A cursory examination of the petition rev...
Promulgated on 2005-08-26

177. CA GR CV 71816: Renato Salvador vs. Adelaida C. Amado, et al.
On appeal is the Decision dated November 28, 2000 of the Regional Trial Court, Branch 76, San Mateo, Rizal which dismissed the complaint for specific performance with prayer for damages filed by plaintiff-appellant Renato C. Salvador against defendants-ap...
Promulgated on 2005-08-25

178. CA GR CR 28414: People of the Philippines vs. Ruben Tiogon Y Boyboy
The present appeal relates to the Decision convicting appellant Ruben Tiogon y Boyboy for violation of Article II, Section 11, paragraph 2(3) of Republic Act (R.A.) No. 9165 or the Comprehensive Dangerous Drugs Law....
Promulgated on 2005-08-25

179. CA GR SP 88136: Marilyn P. Barbado vs. Fernando T. De Vera
Jurisdiction over the person of the defendant in civil cases is acquired either by his voluntary appearance in court in submission to its authority or by service of summons....
Promulgated on 2005-08-25

180. CA GR CV 83652: Messrs. Emilio Alcantara, et al. vs. Messrs. Antonio Villaraiz, Jr., et al.
This is an appeal from the decision dated July 12, 2004 of the Regional Trial Court, Branch 92, Quezon City (hereafter RTC) in Civil Case No. Q-03-49473 for Damages....
Promulgated on 2005-08-25

181. CA GR SP 90735: SEABIRD SHIP MANAGEMENT, INC. VS. NLRC, ET AL.
The instant petition for certiorari is ordered DISMISSED for the following reasons:...
Promulgated on 2005-08-25

182. CA GR CR 01187: PEOPLE VS. ROBERTO QIUACHON y BAYONA,
For automatic review before this Court is the September 9, 2003 decision of the Regional Trial Court (RTC) of Pasig City, Branch 159, in Criminal Case No. 120929-H, finding Roberto Qiuachon y Bayona guilty beyond reasonable doubt of rape in relation t...
Promulgated on 2005-08-25

183. CA GR SP 85778: Geoffrey D. Andawi vs. National Power Corp. & Civil Service Commission
This is a Petition for Review under Rule 43 of the 1997 Rules of Civil Procedure, as amended, which seeks the reversal of Resolution Numbers 040419 and 040857 dated April 15, 2004 and July 28, 2004, respectively, issued by the Civil Service Commission (...
Promulgated on 2005-08-25

184. CA GR CR 00987: People of the Philippines vs. Harold Wally Cabierte
This is an appeal from the Joint Decision dated January 4, 1999 rendered by the Regional Trial Court (RTC), Branch 6, Baguio City, in Criminal Cases Nos. 15542-R, 15594-R & 15595-R for the crime of Rape, to the Supreme Court which was subs...
Promulgated on 2005-08-25

185. CA GR SP 90826: C-E Construction Corp. vs. N.L.R.C. & Gilbert Sumcad
Considering that the instant petition for certiorari is not accompanied by copies of pleadings (i.e. complaint/answer, certified true copy of the Decision of the Labor Arbiter) relevant and pertinent thereto...
Promulgated on 2005-08-25

186. CA GR SP 85723: GSIS FAMILY BANK (formerly COMSAVINGS BANK) vs. N L R C and RICARDO PORTUGUEZ,
We have studied at length, private respondent's Motion for Reconsideration dated May 23, 2005, and petitioner's Comment thereto, and found the motion offering no justification for Us to recall or reconsider the Decision in this case dated April 25, 200...
Promulgated on 2005-08-25

187. CA GR CR 29451: Jomel De Guzman vs. Republic of the Philippines vs. Edna C. Cominga
Considering that certified true copies of the assailed Decisions of the MTCC and RTC as well as copies of pertinent and relevant pleadings are not appended to the petition WHEREFORE, the petition for review is DISMISSED....
Promulgated on 2005-08-25

188. CA GR SP 87929: Adoracio Aldea vs. Hrs. of the Late Sps. Luz Baello Magat, et al.
The sole issue in an ejectment case is physical or material possession (possession de facto) of the property in question and neither a claim of juridical possession (possession de jure) nor an averment of ownership by the defendant can outrightly deprive...
Promulgated on 2005-08-25

189. CA GR SP 67216: MEDISERV, INC. and DR. HERNANDO B. DELIZO vs.ARSENIO T. NG, KELLY S. SALVADOR, et al.
In view of the Letter of Transmittal of the Supreme Court dated March 14, 2004 concerning the Entry of Judgment issued in the appeal (G.R. No. 163206) taken from the decision in this case, We resolve:...
Promulgated on 2005-08-25

190. CA GR SP 85648: Melda Popanes vs. Florencio Reñon, et al.
There is a distinction between jurisdiction and venue. Jurisdiction over the subject matter or nature of an action is conferred only by law. It may not be conferred by consent or waiver upon a court which otherwise would have no jurisdiction over the...
Promulgated on 2005-08-25

191. CA GR CR 01249: PEOPLE VS. LUCILA PIKE y SANTARINA, ET AL.
This is an appeal from the joint decision of the Regional Trial Court of Malabon, Metro Manila, Branch 72, in Criminal Case Nos. 18404-MN and 19240-MN finding the accused Diosdado Enriquez y Ramilla and the accused-appellant Lucille Pike, or Lucila Pike...
Promulgated on 2005-08-25

192. CA GR SP 80609: SPOUSES MARIO BANTA and ELENA BANTA vs HEIRS OF RAFAEL CASTRO, et al
Before us is a petition for review of the Decision of the Regional Trial Court, Branch 274, Paranaque City, which affirmed the Decision of the Metropolitan Trial Court, Branch 77, Paranaque City ordering petitioners and all persons claiming under them...
Promulgated on 2005-08-25

193. CA GR CV 57373: Makati Finance Corp. vs. Joselito Malolos & LInda Higa
Before the Court is a consolidated appeal from the Decisions dated July 4, 1997 and July 18, 1997 of Branch 172, Regional Trial Court, Valenzuela, Metro Manila in Civil Cases Nos. 5035-V-96 and 5036-V-96, respectively, which rendered judgment on the pl...
Promulgated on 2005-08-25

194. CA GR SP 83614: Far Eastern University vs. N.L.R.C. & Feliza Samaniego
Under Article XIV, Section 5 (2) of the 1987 Constitution, an institution of higher learning enjoys academic freedom to determine "who may teach," which the Supreme Court has interpreted to mean the university's right to choose who will mold not only th...
Promulgated on 2005-08-25

195. CA GR CV 62970: Severa Lanuzga vda. de Yamson vs. Jean Lanuzga Yamson
The allowance to a reopening for the reception of further evidence after a party had rested his case is left to the sound discretion of the trial court, based on special grounds, such as, when the additional evidence sought to be presented is newly disc...
Promulgated on 2005-08-25

196. CA GR CV 58551: Continental Cement Corp. vs .ASEA Brown Boveri, Inc., et al.
The general rule is that there can be no implied warranty on repair work. Warranties are never presumed because as a rule warranties must necessarily be expressly held out as such....
Promulgated on 2005-08-25

197. CA GR CV 82689: Natividad Manguiat, et al. vs. Rolando R. Manguiat
The appellants Natividad Manguiat, Leticia Robledo, Mario Manguiat, Ligaya Elmido, Perlita Manguiat, Manolo Manguiat, Wilfredo Manguiat and Marilyn Santana (or appellants for brevity) filed suit for Reconveyance of Real Property and Damages with Applic...
Promulgated on 2005-08-25

198. CA GR CR 24539: Antonio Pascual Fabrigar vs. People of the Philippines
Petitioner Antonio Pascual Fabrigar (or Fabrigar) was among those charged before the the Metropolitan Trial Court of Pasig City (or MeTC) with Attempted Homicide allegedly committed....
Promulgated on 2005-08-25

199. CA GR SP 83598: PACIENCIA FAJARDO VS. PRUDENTIAL BANK & TRUST CO., ET AL.
Both parties in Civil Case No. C-063 (Petition for Prohibition, Injunction and Damages) appeal from the Decision dated 30 October 2003 rendered by the Regional Trial Court of Tanauan City, Batangas, Branch 83...
Promulgated on 2005-08-25

200. CA GR SP 81288: BALLEE TRADING CORPORATION, ET AL., VS. HON. DELIA H. PANGANIBAN,ET AL.,
The instant petition for certiorari and mandamus1 with prayer for a temporary restraining order and/or a writ of preliminary injunction seeks to annul and set aside the orders dated July 21, 20032 and December 8, 20033...
Promulgated on 2005-08-25

201. CA GR SP 85978: SONY COMPUTER ENTERTAINMENT, INC vs THE HONORABLE MA. MERCEDITAS N. GUTIERREZ, et al
At bar is a Petition for Certiorari under Rule 65 of the Rules of Court filed by Sony Computer Entertainment, Inc. (petitioner) against Acting Secretary of the Department of Justice (DOJ) Ma. Merceditas N. Gutierrez (public respondent) and David and Cy...
Promulgated on 2005-08-25

202. CA GR CV 84381: Hrs. of Luciano Calavera, Jr., etc. vs. Alejandro C. Ramos & Florentino Matutino
Before this Court is an appeal from the decision dated October 25, 2004 of the Regional Trial Court, First Judicial Region, Branch 7, Baguio City in Civil Case No. 3986-R....
Promulgated on 2005-08-25

203. CA GR SP 81259: DIANE DE LEON vs MILAGROS E. SARREAL
This is to resolve the motion for reconsideration filed by petitioner from the Decision of this Court dated April 29, 2005 dismissing the petition for certiorari for lack of merit....
Promulgated on 2005-08-25

204. CA GR SP 86451: DOMINGO FERNANDEZ vs The Heirs of the Late Sps. LUZ BAELLO MAGAT and ARCADIO MAGAT
Finding no cogent or justifiable reason to set aside the Decision of this Court dated May 20, 2005 denying the instant petition, we find the motion for reconsideration filed by petitioner without any merit....
Promulgated on 2005-08-25

205. CA GR SP 82404: GREEN CROSS, INC. vs GREEN CROSS, INC., EMPLOYEES UNION (GCIEU) CLASS-TUCP
This is a Petition for Review under Rule 43 of the Revised Rules of Civil Procedure assailing the Decision of Voluntary Arbitrator Francis V. SobreviNas dated January 15, 2004 and the Order denying petitioner's Motion for Reconsideration dated February...
Promulgated on 2005-08-25

206. CA GR SP 85159: JESUS P. QUIAMBAO VS. NLRC, ET. AL.
For resolution is private respondents' Motion for Reconsideration of this Court's decision dated April 29, 2005 finding them to have illegally dismissed petitioners and ordering them to reinstate the petitioners to their respective former positions wit...
Promulgated on 2005-08-25

207. CA GR SP 88492: Sps. Eduardo Nisperos & Josefina Aloot vs. Cristina Caburian, et al.
Before this Court is a petition for review under Rule 42 of the 1997 Rules of Civil Procedure of the decision dated December 29, 2004 of the Regional Trial Court, First Judicial Region, Branch 31, Agoo, La Union in Civil Case No. A-2326....
Promulgated on 2005-08-25

208. CA GR SP 83435: AW PENG LAM vs JUDGE FATIMA GONZALES-ASDALA, ETC., ET. AL.,
Acting on petitioner's motion for reconsideration of this Court's March 31, 2005 Decision denying due course to the petition, we find no cogent or justifiable reason to grant the same....
Promulgated on 2005-08-25

209. CA GR CR 27914: PEOPLE OF THE PHILIPPINES vs ARTURO LAMPAYA Y CRUZ, et al
In view of the letter of Mr. Julio A. Arciaga, Assistant Director, Prisons and Security, Bureau of Corrections, Muntinlupa City, to the effect that accused-appellant Ronaldo Lampaya y Cruz passed away on February 27, 2005 at the New Bilibid Prison Hosp...
Promulgated on 2005-08-25

210. CA GR CR 23170: People of the Philippines vs. Orlando Ifurong Y Florentino
On appeal before this Court is the Decision dated 24 February 1999 of the Regional Trial Court of Quezon City, Branch 76, finding accused-appellant ORLANDO IFURONG y FLORENTINO guilty beyond reasonable doubt of the crime of Violation of Section 15, Arti...
Promulgated on 2005-08-25

211. CA GR CV 72932: LINETTE ESPINOSA-BALINGIT VS. MARTIN S. BALINGIT,ET AL.,
Subject of the present appeal is the September 13, 2001 decision of the Regional Trial Court of Imus, Cavite, Branch 21, in Civil Case No. 2040-00, declaring the marriage of the petitioner Linette Espinosa- Balingit to the respondent Martin S. Balingit...
Promulgated on 2005-08-25

212. CA GR CR 00055: PEOPLE VS. ARIES GALANG y RODRIGUEZ
On April 29, 2005, this Court rendered its decision in the present case...
Promulgated on 2005-08-25

213. CA GR CV 80823: Ragon Ventures Corp. vs. Rolando G. Domingo, Jr., et al.
Appeal from the Order of the Regional Trial Court of Malolos, Bulacan, Branch 14, in Civil Case No. 35-m-2002, for sum of money....
Promulgated on 2005-08-25

214. CA GR CV 83983: SPS. VILMA and FELIPE PLACIENTE vs. SPS. JOCELYN and MARIO PAZ DE LEON
For failure of the defendants-appellants to file their appellant's brief within the extended period granted them, which expired on May 20, 2005, the appeal is deemed ABANDONED and hereby DISMISSED, pursuant to Section 1(e), Rule 50 of the 1997 Rules of...
Promulgated on 2005-08-24

215. CA GR CV 65802: HERMAN SARIOLA vs WILLY LIM, et al
At bar is an appeal from the October 7, 1999 Decision of the Regional Trial Court, Branch 169, Malabon, dismissing the complaint in Civil Case No. 2523-MN, an action for sum of money, replevin and damages filed by plaintiff-appellant Herman Sariola (Sa...
Promulgated on 2005-08-24

216. CA GR CR 01264: PEOPLE OF THE PHILIPPINES vs ALFREDO DADIA y ESTAYO
This is an appeal from the December 12, 2003 Decision of the Regional Trial Court, Branch 276, Muntinlupa City, in Criminal Case No. 98-218, finding accused Alfredo Dadia y Estayo guilty beyond reasonable doubt of having committed the crime of Rape...
Promulgated on 2005-08-24

217. CA GR CV 81161: GLENDA STA. MARIA CARA vs. SPS. ALBERTO CAYETANO & MERLIE D. CAYETANO
This is an appeal from the decision rendered by the Regional Trial Court of Rosales, Pangasinan (Branch 53) dated July 18, 2003 in a case for sum of money with damages filed by plaintiff-appellee Glenda Sta. Maria against defendant-appellants Spouses A...
Promulgated on 2005-08-24

218. CA GR CV 80081: TAN BUN PIN SONS MERCHANDISING CO., et al. vs. METROPOLITAN BANK AND TRUST CO.
Challenged in the instant appeal is the decision rendered by the Regional Trial Court of Dagupan City, Branch 44, in Civil Case No. 99- 03254-D, entitled "Tan Bun Pin Sons Merchandising Co., Fidel S. Tan and Jose S. Tan vs. Metropolitan Bank and Trust...
Promulgated on 2005-08-24

219. CA GR CV 79083: The City of Naga, etc. vs. Jose Mario S. Mariano, et. al.
Before Us is an appeal by respondents Jose Mario S. Mariano, Danilo David S. Mariano, Maria Catalina Sofia S. Mariano, Maria Leonor S. Mariano, Mary Therese Irene S. Mariano and Macario S. Mariano, from the Order of the Regional Trial Court, Branch 23...
Promulgated on 2005-08-24

220. CA GR CR 27472: PEOPLE OF THE PHILIPPINES vs. ARTEMIO CHAN, JR. Y SABADO
There being no compliance filed by the accused-appellant's counsel with this Court's resolution dated May 6, 2005, the appeal is hereby DISMISSED for non filing of the required brief pursuant to Section 8, Rule 124 of the Revised Rules of Criminal Proc...
Promulgated on 2005-08-24

221. CA GR CV 72516: RICARDO INTERIOR, JR. VS. PEDRO BALTAZAR, ET AL.
Before us is an appeal from the October 30, 2000 Decision of the Regional Trial Court of Tuguegarao City, Cagayan, Branch 5, in Civil Case No. 4785...
Promulgated on 2005-08-24

222. CA GR SP 41125: SPOUSES SALVADOR and SOLEDAD VELASCO vs SOCIAL SECURITY SYSTEM, et al
For resolution before this Court is a Special Civil Action for Certiorari under Rule 65 of the Revised Rules of Court seeking to reverse and set aside the Resolution issued by public respondent Social Security Commission (SSC for brevity) dated Septemb...
Promulgated on 2005-08-24

223. CA GR SP 86986: Formaply Industries, Inc. vs. Hon. Winlove M Dumayas, etc., et al.
For resolution is the Motion for Reconsideration filed by petitioner to Our Resolution dated December 13, 2004, dismissing the petition for failure to attach relevant and pertinent pleadings and documents to the petition and the Certification of Non-Fo...
Promulgated on 2005-08-24

224. CA GR CV 61878: LEONARDO CORRAL VS. NORMA DAVID-CORRAL, ET AL
On November 6, 1996, plaintiff-appellee Leonardo Corral filed a petition for declaration of nullity of marriage with the Pasig City Regional Trial Court, Branch 70. The case was docketed as JDRC No. 4053. It was the claim of the plaintiff-appellee tha...
Promulgated on 2005-08-24

225. CA GR CV 68430: CAMILING RURAL BANK, INC. VS. SPS. AVELINO S. TANJUAKIO, JR., ET AL.,
This is an appeal from the July 26, 2000 decision of the Regional Trial Court, Tarlac City, Branch 63, in Civil Case No. 8029, the dispositive portion of which states:...
Promulgated on 2005-08-24

226. CA GR SP 71272: SPLASH PHILIPPINES INC. vs NLRC, et al
This is a petition for certiorari of the April 19, 2002 Decision of the National Labor Relations Commission (NLRC) upholding that of the labor arbiter's, and the May 21, 2002 Resolution denying motion for reconsideration....
Promulgated on 2005-08-24

227. CA GR SP 81928: DL Admark Services, Inc. vs. N.L.R.C., Glenda G. Delarmente, et al.
DL Admark Services was a manpower or placement agency that supplied the manpower requirements of the Manila International Airport Authority from 1999 to 2002....
Promulgated on 2005-08-24

228. CA GR SP 87744: More Asia Realty & Development Corp. vs. Hon. Samuel H. Gaerlan, et al.
Petitioner seeks reconsideration of Our Resolution dated May 16, 2005 which dismissed the petition for failure to comply with the Court?s lawful order....
Promulgated on 2005-08-24

229. CA GR SP 68737: JP CAPITAL FINANCE LIMITED vs. HON. DIONISIO C. SISON, et al.
THE PETITIONER HAS FILED ITS MOTION FOR RECONSIDERATION AGAINST THE DECISION DATED MAY 9, 2005, STATING THAT IT HAD COMPLIED WITH THE PRE-REQUISITE OF FILING A MOTION FOR RECONSIDERATION BEFORE IT FILED THE PETITION HEREIN;...
Promulgated on 2005-08-24

230. CA GR CV 78203: MANILA'S FINEST RETIREES ASSOCIATION, INC., ET AL. vs. DEPT. OF BUDGET AND MANAGEMENT, ET AL.
THE RESPONDENTS/APPELLANTS SEEK RECONSIDERATION OF THE DECISION DATED JULY 7, 2005 ON THE FOLLOWING GROUNDS, TO WIT:...
Promulgated on 2005-08-24

231. CA GR CV 84351: Roasters Phils., Inc. vs Sps. Antonio Barroso, Jr., et al.
Records show that on 11 March 2005, this Court sent the counsel for defendant-appellants the following notice, to wit:...
Promulgated on 2005-08-23

232. CA GR SP 90744: Renato Ajero vs. Romeo Bruno Bucao
At hand is petitioner's Motion for Extension of Time to File Petition for Review asking for additional fifteen (15) days from August 4, 2005 or until August 20, 2005 within which to file the intended petition for review....
Promulgated on 2005-08-23

233. CA GR SP UDK 5356: Reynaldo Nicolas, et. al. vs. Hon. Brigido Artemon M. Luna II, et. al.
Before this Court is a Complaint for Annulment of Judgment filed by Reynaldo Nicolas, Anselmo Nicolas and Rodrigo Olayao, with Sunvar Realty and Development Corporation as private respondent; Branch 196, RTC, Parañaque City and Branch 77, MTC, Parañaque...
Promulgated on 2005-08-23

234. CA GR SP 70077: Salvador P. Biliran vs. Civil Service Commission
THIS is a petition seeking the review of the Resolution of the Civil Service Commission (CSC) reversing the Civil Service Commission Regional Office No. 8's (CSCRO) Resolution which recalled the appointment of private respondent Engr. Arnol Trani (Trani)...
Promulgated on 2005-08-23

235. CA GR CV 82845: Matling Ind. Comm. Corp, et al. vs Conrado Natividad, Jr.
BEFORE US is a Motion for Reconsideration filed by the defendant-appellant himself on 23 June 2005, seeking for the reconsideration of the Decision dated 31 May 2005, the text of which reads:...
Promulgated on 2005-08-23

236. CA GR SP 88399: Jimmy Gadon & Doris Gadon vs. Hrs. of Rufino Montesa
For failure of the petitioners to comply with the Resolution promulgated on March 2, 2005 which required them to submit the position papers of the parties submitted before the MTC as well as the memorandum on appeal of the plaintiffs-appellees filed at...
Promulgated on 2005-08-23

237. CA GR CV 81179: IMPERIAL HOMES CORPORATION vs. REPUBLIC OF THE PHILIPPINES
This is an appeal from the Decision dated 03 September 2003 by the Regional Trial Court, Branch 83, Fourth Judicial Region, Tanauan, Batangas, in LRC No. L-066, entitled an Application for Registration of Title, Imperial Homes, Corporation, Applicant....
Promulgated on 2005-08-23

238. CA GR CV 81099: SPOUSES LYDIA FLORES-CRUZ and REYNALDO I. CRUZ vs. SPOUSES LEONARDO and ILUMINADA GOLI-CRUZ, et. al.
Assailed before Us is the Decision dated October 3, 2003 of the Regional Trial Court of Malolos, Bulacan, Branch 82, the dispositive portion of which reads:...
Promulgated on 2005-08-23

239. CA GR CV 81917: IGLESIA NI CRISTO vs. REPUBLIC OF THE PHILIPPINES
This is an appeal from the decision rendered by the 1st Municipal Circuit Trial Court of San Juan-San Gabriel, La Union dated October 10, 2003 which ordered the registration of a 700 sq.m. property in favor of the applicant-appellee Iglesia ni Cristo....
Promulgated on 2005-08-23

240. CA GR SP 86859: METROPOLITAN BANK AND TRUST COMPANY vs. THE HONORABLE HENRICK F. GINGOYON, et al.
This is a petition for certiorari under Rule 65 of the 1997 Rules of Civil Procedure assailing the Order dated July 5, 2004 as well as the Order dated August 4, 2004, promulgated by the Regional Trial Court of Pasay City, Branch 117, in Civil Case No....
Promulgated on 2005-08-23

241. CA GR CV 65359: PEDRO CUENCA TAGLE vs. FRANCISCO CUENCA
This is an appeal from the Order dated May 6, 1999 issued by the Regional Trial Court (Br. 90, Cavite) in a Petition for Partition docketed as Civil Case No. 1306-96...
Promulgated on 2005-08-23

242. CA GR SP 82776: ROJUN SECURITY & INVESTIGATION AGENCY, et. al. vs. NLRC, et. al.
Before Us is a Petition for Certiorari under Rule 65 of the Rules of Court, which seeks to annul and set aside the decision of public respondent National Labor Relations Commission (NLRC for brevity) promulgated on 30 April 2003 and its affirmatory res...
Promulgated on 2005-08-23

243. CA GR SP 62596: Roberto De Guzman vs. People and Hon. Delia H. Panganiban, etc., et al.
In this Petition for Certiorari and Prohibition with Prayer for Injunction and/or Temporary Restraining Order, the petitioner Roberto De Guzman (or De Guzman for brevity) assails the Orders dated April 11, 2000 and July 14, 2000 issued by the responden...
Promulgated on 2005-08-23

244. CA GR SP 86538: CHONA VENIEGAS-NAZARRO vs. HON. CIVIL SERVICE COMMISSION and ATTY. LORENZO S. DANIPOG
This Petition for Review assails Resolution No. 040961 dated August 30, 2004 of the Civil Service Commission outrightly dismissing the complaint of petitioner Chona Veniegas-Nazarro against respondent Director IV Lorenzo S. Danipog, for Gross Negligenc...
Promulgated on 2005-08-23

245. CA GR SP 52748: Herminia N. Cando vs. Hon. Thelma A. Ponferrada, etc., et al.
Through this petition for certiorari, Herminia Cando (or Cando hereafter) seeks to nullify the twin Orders dated February 8, 1999 and April 23, 1999 issued by the public respondent Judge Thelma Ponferrada, Presiding Judge of Branch 104 of the Regional...
Promulgated on 2005-08-23

246. CA GR SP 89761: Azmat Hayat Taufique vs. Hon. Ruben B. Carretas, etc., et al.
This Petition for Certiorari seeks to annul and set aside the Order dated January 26, 2005 issued by the Regional Trial Court, Branch 9, Legaspi City, which denied petitioner's motion to dismiss, as well as the Order dated April 21, 2005, denying his mo...
Promulgated on 2005-08-23

247. CA GR SP 79748: Filcar Transport Services vs. N.L.R.C. & Fortunato Termil
On August 12, 2005, the parties, in the presence of mediator Atty. Jack Andrew O. Miranda, signed a Compromise Agreement, and which they have submitted for the consideration and approval of the Court....
Promulgated on 2005-08-23

248. CA GR CR 01191: People of the Philippines vs. Bernardo F. Nicolas
UNDER appeal is the judgment of conviction by the Regional Trial Court (RTC) of accused-appellant Bernardo F. Nicolas for illegal sale of 0.042 gram of shabu....
Promulgated on 2005-08-23

249. CA GR CV 84403: BPI vs Joseph Richard Baldovino, et al.
BEFORE US is a Motion to Withdraw Appeal filed by the defendant-appellants on 29 July 2005, alleging among others that, they have amicably settled in full their obligation to the plaintiff-appellee and the latter has purportedly filed before the court a q...
Promulgated on 2005-08-23

250. CA GR CV 70137: CELLOPHIL RESOURCES CORPORATION vs ANTONIO V. BANEZ, et al
This is an ordinary appeal under Rule 41 of the Revised Rules of Civil Procedure from the Order, dated August 16, 2000, of the Regional Trial Court of Bangued, Abra, Branch I, which dismissed the action for Specific Performance....
Promulgated on 2005-08-23

251. CA GR SP 87982: Ang Tian Su Sons, Inc. vs. J.W. Spear & Sons, Ltd., et al.
Finding no new matter of substance that would warrant the modification much less the reversal of the June 28, 2005 Decision of this Court, the Motion for Reconsideration filed by the petitioner is hereby DENIED for lack of merit....
Promulgated on 2005-08-23

252. CA GR SP 90076: Atty. Erlando A. Abrenica vs. Law Firm of Abrenica, Tungol & Tibayan, et al.
For resolution is petitioner's Humble Motion for Reconsideration (with Urgent Prayer for Immediate Issuance of TRO) of this Court's June 29, 2005 Resolution which denied admission of the petition for review and dismissed the case....
Promulgated on 2005-08-23

253. CA GR CV 76318: People of the Philippines vs. Eduardo Nolasco Y Raguindin
From the Decision acquitting appellee Eduardo Nolasco in the homicide case, private complainant Wilma Abuhin-Ramos has interposed this appeal to claim damages for the death of her husband, Virgilio Ramos....
Promulgated on 2005-08-23

254. CA GR CR 00380: People vs Ariel Paoyo
BEFORE US is a Motion for Reconsideration filed by the accused-appellant through counsel on 22 March 2005, seeking for the reconsideration of the Decision dated 28 February 2005, the decretal portion of which reads:...
Promulgated on 2005-08-23

255. CA GR SP 83278: JOEL SANTOS, ET AL. VS. HON. PEDRO M. SUNGA, JR., ET AL.
Assailed in this petition for certiorari, prohibition and mandamus is the November 12, 2003 order issued by public respondent, the Hon. Pedro M. Sunga, Jr., Presiding Judge of the Regional Trial Court of San Fernando, Pampanga, Branch 42...
Promulgated on 2005-08-23

256. CA GR CR 01067: PEOPLE OF THE PHILIPPINES vs. WILMA PINEDA
This is an appeal from the Decision dated August 7, 2002 of the Regional Trial Court of Quezon City, Branch 81 in Criminal Case No. Q- 96-64968, which is a case for Estafa filed by herein complainant-appellee against herein accused-appellant. The dispo...
Promulgated on 2005-08-23

257. CA GR SP 72238: EMMANUEL A. DE LEON vs. SPS. ADRIANO AND CECILIA ONOFRE
Filed pursuant to Rule 42 of the 1997 Rules of Civil Procedure, before us is a Petition for Review seeking the reversal of the Decision dated June 20, 2002 rendered by the Regional Trial Court of Capas, Tarlac, in Civil Case No. 547-C-01...
Promulgated on 2005-08-23

258. CA GR CR 22509: People vs. Jose Royol
This is an appeal from the 04 August 1995 Decision of Branch 8, Regional Trial Court of Baguio and Benguet, in Criminal Case No. 1243, finding Jose Royol (appellant) guilty of Homicide....
Promulgated on 2005-08-23

259. CA GR CV 74367: BJS Development Corp. vs. Susan B. Francisco
BJS Development Corporation comes before Us by way of appeal, seeking to modify the Decision dated February 14, 2000 of the Regional Trial Court, Branch 61, Makati City in Criminal Case No. 93-10879, entitled People of the Philippines vs. Susana B. Fran...
Promulgated on 2005-08-23

260. CA GR SP 90486: Polo Transmitting Community Dev't Coop., et al. vs Hon. Mateo Alarejos, et al.
BEFORE US is a Petition for Certiorari and Prohibition with prayer for the Immediate Issuance of a Temporary Restraining Order and/or Preliminary Injunction (Rollo, p. 2) filed on 18 July 2005....
Promulgated on 2005-08-23

261. CA GR CV 70918: Annie Shotwell Jalandoon, etc., et al. vs. Valentina S. Clemente
In this appeal, defendant-appellant Valentina S. Clemente seeks the reversal of the Decision dated February 26, 2001 of the Regional Trial Court, Branch 89, Quezon City in Civil Case No. Q-90-6035 for reconveyance....
Promulgated on 2005-08-23

262. CA GR CV 77860: Gloria V. Torres-Capistrano vs. Zenaida D. Torres, et al.
For failure to tender new matter of substance that could warrant the modification, much less reversal of this Courts decision dated May 25, 2005, the plaintiff-appellant's Motion for Reconsideration is hereby DENIED for lack of merit....
Promulgated on 2005-08-23

263. CA GR CR 28438: People of the Philippines vs. Ernesto Kalingag, et al.
For failure to tender new matter of substance that could warrant the modification, much less reversal of this Court's decision dated June 23, 2005, the accused-appellees' Motion for Reconsideration is hereby DENIED for lack of merit....
Promulgated on 2005-08-23

264. CA GR CV 78540: Rogelio Maqui, et al. vs. Kalayaan Commodities Corp., et al.
Sought to be overturned in this appeal are: (1) The Decision dated June 11, 2002, of the Honorable Senecio O. Tan, Presiding Judge of the Regional Trial Court of Balaoan, La Union, Branch 34, in Civil Case No. 506, dismissing the case; and (2) that Cou...
Promulgated on 2005-08-23

265. CA GR SP 84923: Safeguard Armor Sec. Corp., Inc. vs Leopoldo Ilaba, et al.
This pertains to the Motion for Reconsideration filed by the private respondent through counsel on 12 April 2005, seeking for the reconsideration of the Decision dated 21 March 2005, the decretal portion of which reads:...
Promulgated on 2005-08-23

266. CA GR SP 90617: Jaguar Sec. & Inv. Agency, et al. vs NLRC, et al.
BEFORE US is a Petition for Certiorari with prayer for Issuance of a Temporary Restraining Order and/or Writ of Preliminary Injunction filed on 27 July 2005....
Promulgated on 2005-08-23

267. CA GR SP 90474: ATTY. JUAN R. MORENO vs. ENGR. OLEVEROS OCAMPO
On July 21, 2005, We granted lawyer-petitioner a 15-day extension, or until August 2, 2005, within which to file his petition for review on the pretext that he needed a week's time to secure certified true copies of the documents required for the court...
Promulgated on 2005-08-23

268. CA GR CV 72979: Pastor Santos vs. Mariabelle Wico Padiernos, et. al.
Before Us on appeal is the Order dated September 4, 2000 issued by Branch 86, Regional Trial Court, Third Judicial Region, Cabanatuan City in Civil Case No. 3814. Its dispositive portion states, to wit:...
Promulgated on 2005-08-23

269. CA GR SP 90841: CARLOS NONATO, CARLOS TAMBAGO, et al. vs. PATRICK REYNO, JR., represented by WINSTON FORTALEZA,
For failure to attach the registry receipt issued by the mailing office as to the service of a copy of the petition to the respondents as required in Section 13, Rule 13, 1997 Rules of Civil Procedure, the instant petition is ordered DISMISSED, pursuan...
Promulgated on 2005-08-23

270. CA GR SP 84645: Navin.Com, Inc. vs. Hon. Secretary of Justice, et al.
Before us is a petition for certiorari under Rule 65 of the 1997 Rules of Civil Procedure which seeks to annul and set aside the resolutions issued by the Secretary of Justice in I.S. No. PSG 01-01-01723 for qualified theft....
Promulgated on 2005-08-23

271. CA GR CV 84637: METROBANK vs Sps. Benjamin & Gloria Macadangdang
On 10 May 2005, a letter/notice was sent to Atty. Yolando F. Busmente, counsel for defendant-appellants directing them to file appellant's brief within forty-five (45) days from notice. (Rollo, p. 11)....
Promulgated on 2005-08-23

272. CA GR CV 81032: Equitable PCI Bank, Inc., etc. vs. Sps. Nicanor & Milagros Pe
Appeal from the Decision of the Regional Trial Court of Makati City, Branch 137, in Civil Case No. 02-1302, for sums of money....
Promulgated on 2005-08-23

273. CA GR SP 79880: CORPORATE ACCESS HOLDINGS, INC.,, ET AL., vs NLRC and RAYMOND ZULUETA REYES
May the decision of the Labor Arbiter ordering the reinstatement of an employee still be executed after its reversal by the National Labor Relations Commission?...
Promulgated on 2005-08-23

274. CA GR CV 71276: SPS. EMILIANO and CONCEPCION LORENZO vs MICHAEL TAN, et al
On August 11, 2005, the parties submitted a Compromise Agreement, which reads: "COME NOW plaintiffs-appellants and defendant appellee Philtrust Bank/Philippine Trust Company, assisted by their respective counsels, and to this Honorable Court respectfu...
Promulgated on 2005-08-23

275. CA GR CV UDK 2158: NATIONAL POWER CORPORATION VS. NATIVIDAD B. LIM, ET. AL.
In view of the failure of the defendants-appellants to pay the required docket and other legal fees per Judicial Records Division (JRD) Report dated August 11, 2005, the instant appeal is hereby DISMISSED pursuant to Section 1 (c), Rule 50 of the 1997...
Promulgated on 2005-08-22

276. CA GR SP 88006: LOLITA GAMIDO vs TERESITA GAMIDO-CHAN
The instant petition for review under Rule 42 seeks the annulment of the Order of the Regional Trial Court of Pasay City, Branch 117 in Civil Case No. 04-0614 dismissing the appeal of petitioner Lolita Gamido from the Decision of July 28, 2004 of the M...
Promulgated on 2005-08-22

277. CA GR CV 82824: DIVINA CARLOTA D. NEMEC vs. LORENZO A. SALVADOR
It appearing from the report of the JRD that no Appellant's Brief has been filed by defendant-appellant within the period of extension granted, and consistent with the cautionary notice in the May 5, 2005 Resolution which granted for the last time appe...
Promulgated on 2005-08-22

278. CA GR SP 86391: Gerrit Vreugdenhil, et al. vs. Hon. Manuel C. Luna, Jr., etc., et al.
Before us is a Special Civil Action for Certiorari, with prayer for a temporary restraining order, filed under Rule 65 of the 1997 Rules of Civil Procedure....
Promulgated on 2005-08-22

279. CA GR SP 87932: SPS. FRANCISCO & GLORIA SALCEDO vs AMELIA MARINO, et al
This is a Petition for Review under Rule 42 of the 1997 Revised Rules of Civil Procedure seeking the nullification of the November 24, 2004 and December 1, 2004 Orders of the Regional Trial Court of Olongapo City, Branch 72 which respectively dismissed...
Promulgated on 2005-08-22

280. CA GR CV 53867: RICARDO T. FLORES vs BAGUIO COUNTRY CLUB CORPORATION, et al
Assailed in the present appeal is the decision (dated March 20, 1996) of the Regional Trial Court (Branch 26) in San Fernando, La Union in Civil Case No. 4301, disposing the present case as follows:...
Promulgated on 2005-08-22

281. CA GR SP 90840: ANTONIO BONCACAS, ET AL. VS. MENAS BRONDIAL
The instant petition for review is ordered DISMISSED for the following reasons:...
Promulgated on 2005-08-22

282. CA GR SP 86510: Corazon Fajardo, et al. vs. Hon. Milagros G. Quijajno, etc., et al.
Impugned in this Petition for Certiorari, as tainted with grave abuse of discretion, amounting to lack or excess of jurisdiction, are: (a) The Order, 2 dated July 30, 2004, of the Regional Trial Court (RTC) of Iriga City, Branch 36, in Civil Case No. IR-2...
Promulgated on 2005-08-22

283. CA GR SP 90869: ORLANDO AGAPITO, ET AL. VS. VIVE EAGLE LAND, INC.
The instant petition for review is procedurally flawed in view of the following:...
Promulgated on 2005-08-22

284. CA GR CV 81417: Anniceta C. Penney vs. Republic of the Philippines
This case involves a direct appeal from the judgment in an action for judicial confirmation of imperfect title under Section 14 of P.D. 1529....
Promulgated on 2005-08-22

285. CA GR SP 87672: Maricel N. Bajaro, et al. vs. N.L.R.C., Sameer Overseas Placement Agency, Inc., et al.
Impugned in this petition for certiorari, as tainted with grave abuse of discretion amounting to lack or excess of jurisdiction, are the Decision of the National Labor Relations Commission dated March 31, 2004, in NLRC OFW Case No. (M) 01-07-1366-00 for...
Promulgated on 2005-08-22

286. CA GR SP 86850: El Tigre Security & Investigation Agency, et al. vs Hon. Patricia A. Sto. Tomas, et al.
Judgment on a Compromise. The parties to this case have submitted a Compromise Agreement signed by the private respondents Rolly Costumbrado and Guillermo Tantuco and the petitioner in the presence of mediator Lolita O. Gallang....
Promulgated on 2005-08-22

287. CA GR SP 90889: El Mar Fuente Co., Inc. vs. N.L.R.C. & Joel Mejorada
The herein petition for certiorari suffers from several infirmities....
Promulgated on 2005-08-22

288. CA GR CR 26924: PEOPLE OF THE PHILIPPINES vs EDGARDO SORIANO
This is an ordinary appeal from the July 15, 2002 Decision of the Regional Trial Court (RTC for brevity) of Baler, Aurora, Branch 96 in Criminal Case No. 2490. The decretal portion reads:...
Promulgated on 2005-08-22

289. CA GR SP 90584: JES International Manpower Corp., et al. vs. N.L.R.C., Windelbert D. Oliveros, et a.
The Petition for Certiorari (with Prayer for Issuance of Temporary Restraining Order and/or Writ of Preliminary Injunction) faces outright dismissal....
Promulgated on 2005-08-22

290. CA GR SP 86755: Celso C. Brusas (Deceased), etc. vs N.L.R.C., Imperial Victory Shipping Agency, Inc., 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 Resolution dated January 30, 2004 and Order dated June 30, 2004 of the National Labor Relations Commission (hereaf...
Promulgated on 2005-08-22

291. CA GR CV 72393: Adelaida G. Galaretta vs. Republic of the Philippines
This is an appeal from the decision dated June 29, 2001 rendered by the Municipal Circuit Trial Court, Subic, Zambales in Land Registration Case No. N-11-10-96 which confirmed the title of the applicant over Lot 17136, Cad 547-D, Subic Cadastre....
Promulgated on 2005-08-22

292. CA GR SP 86279: Gardwell Security Agency, Inc. vs. N.L.R.C. & Eladio A. Atacador, Jr.
For Our consideration is the Joint Motion to Dismiss executed and signed by the parties stating that they have amicably settled the case and attaching a copy of a Release, Waiver and Quitclaim executed by private respondent before the mediator and subscr...
Promulgated on 2005-08-22

293. CA GR CR 00442: PEOPLE OF THE PHILIPPINES vs. REYNALDO MANLAPAZ y SAGAD
On appeal is the Joint Decision dated 31 May 2004 of Branch 127 of the Regional Trial Court of Caloocan City in Criminal Cases Nos. C-67138 and C-67139, the dispositive portion of which reads:...
Promulgated on 2005-08-22

294. CA GR SP 89242: Elisa Ongchangco-Canare vs. Hon Modesto C. Juanson, etc., 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 October 6, 2004 and February 8, 2005, issued by Hon. Modesto Juanson (hereafter respondent judge), of the Reg...
Promulgated on 2005-08-22

295. CA GR SP 87442: Felisa R. Ferrer vs. Domingo Carganillo, et al.
This is a petition for review under Rule 43 of the 1997 Rules of Civil Procedure, as amended, seeking to set aside the Decision dated January 27, 2004 and the Resolution dated October 18, 2004 issued by the Department of Agrarian Reform Adjudication B...
Promulgated on 2005-08-22

296. CA GR CR 28735: People vs. Rolando Epino y Estabaya
Considering the handwritten letter dated May 15, 2005 of accused-appellant essentially stating that he is willing to serve his sentence and consequently withdrawing the present appeal, and the comment dated August 1, 2005 of accused-appellant's counsel...
Promulgated on 2005-08-22

297. CA GR CV 61584: WORLDWIDE STANDARD INTERNATIONAL REALTY, INC. vs. LEDESCO DEVELOPMENT CORPORATION
This is an appeal from the Order of the Regional Trial Court of Makati City, Branch 134, dated 29 September 1998 in Civil Case No. 93- 4683, a suit for collection of sum of money filed by Plaintiff-appellant Worldwide Standard International Realty, Inc...
Promulgated on 2005-08-22

298. CA GR CV 83395: Oscar Domingo vs. Normita Torres
This is an appeal from the Decision dated June 1, 2004, rendered by the Regional Trial Court (hereafter RTC), Branch 9, Malolos City, in Civil Case No. 711-M-2000 for Sum of Money and Damages....
Promulgated on 2005-08-22

299. CA GR SP 85152: Presuelo T. Daniel vs. N.L.R.C., Cosmos Bottling Corp. & Cecilia Bautista
Before the Court is a petition for certiorari filed under Rule 65, 1997 Rules of Civil Procedure assailing the: (i) Decision dated February 27, 2004 of public respondent National Labor Relations Commission (NLRC) in NLRC CA No. 036007-03 which affirm...
Promulgated on 2005-08-22

300. CA GR CV 77345: SPS. RICARDO CHUA and GRACE CHUA vs. SPS. NARCISO and ARSENIA DELA PEÑA GUTIERREZ, et al.
Time and again, the Supreme Court has ruled that factual findings of the trial court are generally not disturbed on appeal unless substantial facts have been overlooked which, if considered, would materially affect the result of the case. Here, We find...
Promulgated on 2005-08-22

301. CA GR SP 88108: TT Corporation PTE, LTd., et al. vs. N.L.R.C. & Renato De Vela Velasco
WHILE both parties' partial motions for reconsideration of Our Decision are pending, they filed on July 20, 2005 a Joint Motion To Dismiss with prejudice "inasmuch as they have come to an amicable settlement x x x."...
Promulgated on 2005-08-22

302. CA GR CV 63948: PHILIPPINE NATIONAL BANK vs SPS. CHEAH CHEE CHONG and OFELIA CAMACHO CHEAH
At bar is an appeal from the May 20, 1999 Decision of the Regional Trial Court, Branch 5, Manila, in Civil Case No. 94-71022, an action for sum of money filed by Philippine National Bank (PNB) against spouses Cheah Chee Chong (Cheah spouses) and Ofelia...
Promulgated on 2005-08-22

303. CA GR CV 81619: Magdalena Carbonillo-Carbonel vs. Victoriana Carbonillo, et al.
This is an appeal from the decision dated February 28, 2003 of the Regional Trial Court, Branch 45, Urdaneta City, Pangasinan in Civil Case No. U-7098 for annulment of documents, titles, partition, redemption and damages....
Promulgated on 2005-08-22

304. CA GR SP 88518: SPOUSES DACIO CARIÑO and MAGDALENA ESPIQUE vs. ALFREDO ESPIQUE, et. al.
Assailed in this petition for review is the decision dated December 28, 2004 of the Department of Agrarian Reform Adjudication Board (DARAB), Quezon City setting aside the...
Promulgated on 2005-08-19

305. CA GR SP 87104: Norhtern Islands Co., Inc., et al. vs. Hon. Artemio S. Tipon, etc., et al.
A preliminary mandatory injunction issued by the trial court is not proper when its purpose is to take the property out of the possession or control of one party and transfer the same to the hands of another who did not have such control at the inceptio...
Promulgated on 2005-08-19

306. CA GR CR 26325: PEOPLE OF THE PHILIPPINES vs. ARTHUR INSUA
The workings of the human mind under emotional stress are unpredictable and there is no standard form of behavior when one is confronted with a strange, startling or frightful event, especially in the heinous crime of rape....
Promulgated on 2005-08-19

307. CA GR CV 84034: Maxon Systems (Phil.), Inc. vs. GJM Phil. Mfg., Inc.
For failure of plaintiff-appellant to comply, despite due notice of this Court's resolutions dated February 3, 2005 and May 10, 2005 directing it to remit the amount of P30.00 which represents the deficiency in the payment of the appellate court docket fe...
Promulgated on 2005-08-19

308. CA GR CV 60048: ULTIMATE CARE JANITORIAL AND SECURITY SERVICES, et al. vs. MARY ANN LUZ PUNO,
This treats of defendant-appellant's Motion for Reconsideration filed on June 27, 2005....
Promulgated on 2005-08-19

309. CA GR CV 79870: Far East Bank & Trust Company vs. Benewin Realty & Development Corp., Inc., et al.
This is an appeal from the decision dated June 28, 2002 of the Regional Trial Court of Makati, Branch 141 in Civil Case No. 98-1190 for collection of sum of money and damages....
Promulgated on 2005-08-19

310. CA GR CV 83709: TARHATA D. GENATO vs. AMALIA LOY
Defendant-appellant's Appeal is DISMISSED for her failure to file the required brief despite notice, pursuant to Section 1(e), Rule 50 of the Revised Rules of Court....
Promulgated on 2005-08-19

311. CA GR SP 87346: MANILA ELECTRIC COMPANY vs. HON. MA. MERCEDITAS N. GUTIERREZ, et. al.
The purpose of a preliminary investigation is merely to determine whether a crime has been committed and whether there is probable cause to believe that the person accused of the crime is probably guilty thereof and should be held for trial. A finding...
Promulgated on 2005-08-19

312. CA GR CV UDK 1541: JULIO SAD-ANG AND FERMINA SAD-ANG vs. VULCAN LAND CORPORATION
Pursuant to Section 1 (c), Rule 50 of the 1997 Rules of Civil Procedure, this appeal is ordered DISMISSED, for failure of the plaintiffs-appellants to pay the required docket fees, as per report of the Judicial Records Division....
Promulgated on 2005-08-19

313. CA GR CR 25188: PEOPLE OF THE PHILIPPINES vs ERMIN DACLES y OLEDO, et al
This is an appeal by accused-appellants Ermin Dacles y Oledo and Federico Cleofas y Mateo from the Decision of the Regional Trial Court, Branch 120, Caloocan City finding them, together with their co-accused Virgilio Cardenas y Gercan, Marcelino Due?as...
Promulgated on 2005-08-19

314. CA GR SP 86449: Aladdin Transit Corp., et al. vs. N.L.R.C. & Concepcion G. Garcia
This is a petition for certiorari which seeks to nullify and set aside the following issuances of the National Labor Relations Commission, First Division, to wit:...
Promulgated on 2005-08-19

315. CA GR SP 87106: Pedro R. Abuzman vs. Mary Antonette P. Yalao-Villegas,et al.,
From a decision of the Ombudsman in an administrative case, the remedy of the aggrieved party is appeal by petition for review Rules of Civil Procedure....
Promulgated on 2005-08-19

316. CA GR SP 87288: Department of Agrarian Reform, rep. by Secretary Rene C. Villa vs. Enriqueta Castelo
“The owner as is the constitutional intent, is paid what he is entitled to according to the value of the property so devoted to public use as of the date of the taking. From that time, he had been deprived thereof.”...
Promulgated on 2005-08-19

317. CA GR CV 83543: Cristina Pajarillo Schulz vs. Republic of the Philippines
This is a case for judicial declaration of presumptive death filed pursuant to Article 41 of the Family Code....
Promulgated on 2005-08-19

318. CA GR SP 88127: GLORIA T. SAMSON, et. al. vs. NORIDAD T. DE CASTRO, et. al.
Petitioners Gloria T. Samson and Josefina S. Velasco, a mother-and-daughter tandem, impute grave abuse of...
Promulgated on 2005-08-19

319. CA GR SP 87434: ARMAK TAPE CORPORATION vs. ARMAK TAPE CORPORATION EMPLOYEES UNION, et. al.
Before Us is a Petition for Certiorari with Temporary Restraining Order and/or Writ of Preliminary Injunction filed by Armak Tape Corporation (hereinafter, ATC) alleging that the Order dated August 30, 2004 was issued by Med-Arbiter Tranquilino B. Re...
Promulgated on 2005-08-19

320. CA GR CV 64727: PROCESO VILLARICA, et al vs DIRECTOR OF LANDS
Challenged in this appeal is the February 18, 1999 Decision of the Regional Trial Court, Branch 5, Lemery, Batangas, in LRC Case No. N-249, granting the application for registration of title of land of Proceso Villarica, Priscilla Villarica, Ma. Floria...
Promulgated on 2005-08-19

321. CA GR SP 90608: Alexander F. Alviar, M.D. vs. JUANITO A. RUBIO, M.D., et. al.
Before this Court is a petition filed under Rule 43 of the 1997 Rules of Civil Procedure which seeks to assail, reverse and set aside the Joint Resolution dated June 28, 2004 dismissing the complaint against respondents for violation of R.A. 3019 and...
Promulgated on 2005-08-19

322. CA GR SP 88836: Bank of the Philippine Islands vs. Amador Domingo
Finding no new matter of substance which would warrant the modification much less the reversal of the decision dated July 11, 2005, petitioner's Motion for Partial Reconsideration is hereby DENIED for lack of merit....
Promulgated on 2005-08-19

323. CA GR CV 58674: Nonelio Monleon, et al. vs. Pepsi Cola International, et al.
Brought to this Court for review through this appeal is the Decision dated 28 February 1997 of the Regional Trial Court of Makati, Branch 56 in consolidated Civil Case Nos. 92-2070 and 92-2821, dismissing the complaint of Nonelio Monleon, Joselito Lapuz...
Promulgated on 2005-08-19

324. CA GR SP 82904: Arnel Hernandez vs. N.L.R.C., Wallem Maritime, Inc., et al.
Before the Court is a petition for certiorari filed under Rule 65, 1997 Rules on Civil Procedure assailing the (i) Resolution dated August 29, 2003 of public respondent National Labor Relations Commission (NLRC) which reduced the disability allowance g...
Promulgated on 2005-08-19

325. CA GR SP 88083: Sps. Leonardo & Clarita Tayao vs. Sps. Jacinto Esguerra & Leonila del Rosario
Assailed in this Petition for Review is the Resolution dated 12 November 2004 of the Regional Trial Court of Malolos, Bulacan, Branch 11, dismissing the appeal of the petitioners, and thus totally reversing its previous Decision of 12 August 2004....
Promulgated on 2005-08-19

326. CA GR CV 66924: Leonardo M. Timbang vs. Republic of the Philippines
Courts must exercise the greatest caution in entertaining petitions for reconstitution of destroyed or lost certificates of title in order to help avoid litigations and controversies, as well as discordant supervening events, that may be spawned by a has...
Promulgated on 2005-08-19

327. CA GR SP 87859: SPOUSES CIPRIANO ABRIO and MILA ABRIO vs. HERMELINDA PASAOA
May a civil law lessee employ someone as a tenant without the consent of the landowner?...
Promulgated on 2005-08-19

328. CA GR SP 79269: MOLDEX REALTY, INC., vs EMELYN C. ROVERA
Before us is a petition for review under Rule 43 of the Revised Rules of Court which seeks to reverse and set aside the decision of the Office of the President dated June 2, 2003 affirming the decision of the Housing and Land Use Regulatory Board (HLUR...
Promulgated on 2005-08-19

329. CA GR CV 58624: HEIRS OF MAXIMO S. ALVAREZ vs. MARGARITA PRODON, et. al.
This is an appeal from the Decision (Records, pp. 250-255) of the Regional Trial Court of Manila, Branch 35 in Civil Case No. 96- 78481 for "Quieting of Title with Damages" decided in favor of defendants-appellees. The dispositive portion of which, rea...
Promulgated on 2005-08-18

330. CA GR CV 83917: GINA C. RAMIREZ vs. FELIPA BOMBASE-MABANA
In view of the report of the Judicial Records Division (JRD) dated August 2, 2005 (p. 14, Rollo), that appellant failed to file the required brief within the period of extension prayed for, the herein appeal is hereby DISMISSED pursuant to Section 1 (e...
Promulgated on 2005-08-18

331. CA GR CV 76476: Galo S. Medel vs. Dionicio Barroga
Before this Court is an appeal from the decision dated January 25, 2002 of the Regional Trial Court, National Capital Judicial Region, Branch 221, Quezon City in Civil Case No. Q-95-22668....
Promulgated on 2005-08-18

332. CA GR CV 58362: VIRGILIO CORALDE vs. ESTRELLA DE LA ROSA
This is an appeal questioning the June 25, 1997 Decision (Rollo, pp. 68-71) of the Regional Trial Court (RTC) of Tabaco, Albay, Branch 16, which dismissed plaintiff-appellant's complaint for Quieting of Title, docketed therein as Civil Case No. T-1739,...
Promulgated on 2005-08-18

333. CA GR SP 82622: Ines Agustin Libiran vs. Mateo Jose
This appeal via a petition for review seeks to reverse and set aside the Decision of the Department of Agrarian Reform Adjudication Board (DARAB) dated November 19, 20031 as well as its Resolution dated February 18, 2004....
Promulgated on 2005-08-18

334. CA GR CV 65223: SPS. GIL GALDONES and ROSARIO GALDONES vs SPS. ANTONIO MARQUEZ and LYDIA MARQUEZ
This is an appeal from the September 20, 1999 Decision of the Regional Trial Court, Branch 26, San Fernando City, La Union, in Civil Case No. 4527, dismissing the complaint for annulment of a Deed of Real Estate Mortgage executed by the plaintiffs. Spe...
Promulgated on 2005-08-18

335. CA GR CV 80966: NATIONAL DEVELOPMENT COMPANY vs. MAPECON PHILIPPINES, INC.
Plaintiff-appellant National Development Company (NDC) questions in this appeal the decision dated November 12, 2003 of Branch 60 of the Regional Trial Court (RTC) of Makati...
Promulgated on 2005-08-18

336. CA GR SP 90596: St. Louis Univ. vs Evangeline Cobarrubias
Records show that the instant Petition for Review under Rule 43 of the Revised Rules of Court with prayer for the Issuance of a Writ of Preliminary Injunction and/or Temporary Restraining Order filed on 26 July 2005 suffers from the following defects and/...
Promulgated on 2005-08-18

337. CA GR SP 82923: ALBERTO CALIXTO, et al vs HON. ORLANDO D. BELTRAN, et al
The plaintiffs in Civil Case No. 6055, entitled Alberto Calixto and Ernesto Ibanez v. Ester Cepeda and Atty. Angel Beltran, as ex officio Provincial Sheriff of Cagayan, of the Regional Trial Court in Tuguegarao City have commenced this special civil a...
Promulgated on 2005-08-18

338. CA GR SP 86269: SPOUSES MILO and JULIETA COLCOL vs SPOUSES LEONARDO and CATALINA RAMOS
The defendants in Civil Case No. 6952, an action for collection of money and for damages, appeal by petition for review from the adverse decision rendered on July 28, 2004 by the Regional Trial Court (RTC), Branch 28, in San Fernando City, La Union, t...
Promulgated on 2005-08-18

339. CA GR SP 86672: ISABELO DELA ROSA, et al vs CHI GEE SO
On August 23, 2004, the Regional Trial Court (RTC) in Makati City, Metro Manila, rendered in Civil Case No. 04-206 its judgment on the petitioners' appeal, affirming the decision of the Metropolitan Trial Court in Makati City (MeTC) issued on December...
Promulgated on 2005-08-18

340. CA GR SP 84518: JULIO V. CAPAMBI, et al vs FOURLEAF FUNDLENDING DEVELOPMENT CORPORATION
The subject of this appeal by petition for review is the decision dated May 5, 2004 of the Regional Trial Court (RTC), Branch 104, in Quezon City, affirming the decision of the Metropolitan Trial Court (MeTC), Branch 33, in Quezon City....
Promulgated on 2005-08-18

341. CA GR SP 90237: Peak Manpower Resources vs. NLRC, et al.
Before us is a petition for certiorari with prayer for issuance of a temporary restraining order and/or writ of preliminary injunction seeking the nullity of the Decision dated February 23, 2005 of the National Labor Relations Commission in NLRC NCR CA...
Promulgated on 2005-08-18

342. CA GR SP 88793: Renato "Rene" Mallari vs. Hon. Judge Adelaida "Ala" Medina, etc.
Before this Court is a Petition for Certiorari under Rule 65 of the 1997 Revised Rules of Civil Procedure assailing the Orders dated January 22, 2004, October 8, 2004 and January 10, 2005 of the Regional Trial Court, Third Judicial Region, Branch 45, City...
Promulgated on 2005-08-18

343. CA GR SP 88725: Land Bank of the Philippines vs. Sps. Dominador & Ursula Dycoco
Before this Court is a Petition for Review under Rule 42 of the Rules of Court pursuant to Sec. 60 of Republic Act No. 6657 also known as the Comprehensive Agrarian Reform Law of 1988, seeking to annul and set aside the decision dated January 12, 2005...
Promulgated on 2005-08-18

344. CA GR SP 87050: ALBERTO T. LOOYUKO vs HON. JUAN C. NABONG, JR.
By certiorari, the defendant in Civil Case No. 02-102359 of the Regional Trial Court (RTC) in Manila seeks to set aside the order dated February 9, 2004 denying his motion to dismiss based on the ground of lack of jurisdiction over his person due to i...
Promulgated on 2005-08-18

345. CA GR SP 83374: LA IMMACULADA CONCEPCION SCHOOL, et. al. vs. NLRC, et. al.
Before this Court is a petition for certiorari under Rule 65, seeking to reverse and set aside the Resolution dated 7 November 2003 of the Second Division of the National Labor Relations Commission (NLRC), as well as the NLRC's Resolution dated 4 Mar...
Promulgated on 2005-08-18

346. CA GR SP 59478: Eduardo P. Ponce, et al. vs.Edwin B. Carabbacan, et al.
In this petition for certiorari, the petitioners assail the Resolution of February 29, 2000 of the public respondents officials of the Office of the Ombudsman, dismissing their complaint against private respondent Dr. Eduardo Valencia (or Dr. Valencia)...
Promulgated on 2005-08-18

347. CA GR CV 82899: Miguel R.S. Cornejo, M.D. vs. Benedicto L. Mendoza
On appeal is the Decision of the Regional Trial Court of Makati City in a suit for Sum of Money and Damages filed by the appellee Dr. Miguel R.S. Cornejo (or Dr. Cornejo hereafter) against the appellant Benedicto L. Mendoza (or Mendoza)....
Promulgated on 2005-08-18

348. CA GR SP 90722: POWERPACK CONTAINER CORP., et. al. vs. NLRC, et. al.
Before this Court is a petition for certiorari filed on August 3, 2005 under Rule 65 of the 1997 Rules of Civil Procedure which seeks to annul the Decision of the public respondent National Labor Relations Commission dated 21 February, 2005 and the D...
Promulgated on 2005-08-18

349. CA GR CR 22358: People of the Philippines vs. Marietta De Castro
Marietta De Castro, a bank teller of the Malibay, Pasay City branch of the BPI Family Savings Bank, came under indictment for four counts of estafa through falsification of a commercial document committed on separate occasions in October and November 1993...
Promulgated on 2005-08-18

350. CA GR CV 83903: SPOUSES RIZAL and VIRGINIA MANAOIS vs. REMEDIOS P. BARROZO, ET AL.
For resolution before this Court is a motion to dismiss appeal filed by defendants-appellees on 16 May 2005....
Promulgated on 2005-08-18

351. CA GR SP 52557: Sps. Dra. Amanda T. Cruz, et al. vs. Hon. Presiding Judge, Br. 25, Manila, et al.
This petition for annulment of final order or resolution under Rule 47 of the Rules of Court, with prayer for injunctive reliefs, was filed by the spouses Amanda Cruz and Francisco Galman Cruz (or the Cruz spouses unless individualized) to assail the R...
Promulgated on 2005-08-18

352. CA GR CV 71250: MARISSA P. TORRES-ANGELES vs GIL V. ANGELES, REPUBLIC OF THE PHILIPPINES
This is an appeal by the Republic of the Philippines from the Decision of the Regional Trial Court, Branch 214, Mandaluyong City, which declared the marriage of petitioner-appellee Marissa P. Torres- Angeles and respondent Gil V. Angeles null and void...
Promulgated on 2005-08-18

353. CA GR SP 90679: Abraham Viray vs NLRC, et al.
Section 1, Rule 65 of the Revised Rules of Court, states:...
Promulgated on 2005-08-18

354. CA GR CV 81612: HILDA T. PASCUAL vs. MINERVA PARNACIO-QUERUBIN
This appeal is related to several other cases involving the same property and the same parties and/or their predecessors-in-interest. Here, plaintiff-appellant Hilda T....
Promulgated on 2005-08-17

355. CA GR CR 28682: People of the Phiippines vs. Apid Sagasag
Appeal by writ of error by the accused-appellant Apid Sagasag from the Decision of the Regional Trial Court of Bulanao, Tabuk, Kalinga, Branch 25, in Criminal Case No. 22-2002, convicting him of the crime of Homicide....
Promulgated on 2005-08-17

356. CA GR CR 28940: People of the Philippines vs. Edgar Dela Cruz
Per Report of the Judicial Records Division dated 2 August 2005, appellant failed to file his brief within the extended reglementary period....
Promulgated on 2005-08-17

357. CA GR SP 87313: ZENAIDA F. VELASCO vs. NLRC, et. al.
This is a Petition for Certiorari, Prohibition and Mandamus with prayer for the issuance of a temporary restraining order under Rule 65 of the 1997 Rules of Court seeking the reversal and setting aside of the Resolutions dated April 19, 2004 and July 3...
Promulgated on 2005-08-17

358. CA GR SP 87895: ALDO A. ESTRERA, et. al. vs. NLRC, et. al.
Before this Court is a Petition for Certiorari under Rule 65, 1997 Rules of Civil Procedure, which seeks to annul and set aside the decision, promulgated on August 31, 2004 (Annex "A", Rollo, pp. 23-31) of the Third Division of the National Labor Relat...
Promulgated on 2005-08-17

359. CA GR CV 79746: Manaoag Sacbibit Ondajon vs. Republic of the Philippines
Appeal by the Government from the Decision1 of the Regional Trial Court of Olongapo City, Branch 72, in LRC Case No. N-04-0-98, granting the original registration of title over Lot Nos. 17056-A, 17056-B, and 17056-C, Cad 547-D of the Subic Cadastre, in...
Promulgated on 2005-08-17

360. CA GR SP 90573: PHILIPPINE VETERANS BANK vs. HON. SANTIAGO G. ESTRELLA, ET. AL
Before this Court is a petition for Certiorari and Prohibition under Rule 65 of the 1997 Rules of Civil Procedure which seeks to assail the Order dated May 15, 2005 issued in Civil Case No. 62560....
Promulgated on 2005-08-17

361. CA GR CV 83264: United Coconut Planters Life Assurance Corp. vs. Amelia R. Vizcarra
On 3 May 2005, the Court issued a Resolution directing appellant to submit reglementary copies of RTC appealed Decision within ten (10) days from notice....
Promulgated on 2005-08-17

362. CA GR SP 90665: GONZALO S. GO, JR. vs. DEPARTMENT OF BUDGET AND MANAGEMENT
For Resolution before this Court is a petition for review filed by petitioner Gonzalo S. Go, Jr. on August 1, 2005....
Promulgated on 2005-08-17

363. CA GR CR 25518: PEOPLE OF THE PHILIPPINES vs ANTONIO MORA y MACAPAGAL
Before us is an appeal from the Decision of the Regional Trial Court, Branch 109, Pasay City, the dispositive portion of which reads: "In view of all the foregoing, the Court opines that the prosecution has proven the guilt of the accused beyond reason...
Promulgated on 2005-08-17

364. CA GR SP 81232: DANTE EDUARDO PASCUAL vs NATIONAL LABOR RELATIONS and JOSE SANICO, et al
Assailed in this petition for certiorari are the Decision dated June 30, 2003 of the National Labor Relations Commission (NLRC) reversing and setting aside the Order of Labor Arbiter Ramon Valentin C. Reyes and directing the immediate enforcement of th...
Promulgated on 2005-08-17

365. CA GR SP 88873: PAGCOR vs. FGU Insurance Corp.
THE petition for review under Rule 42 faces outright dismissal due to infirmity in form and substance....
Promulgated on 2005-08-16

366. CA GR SP 74133: Rolando A. Fong vs. Eva B. Endonila, et al.
IS the right to due process violated where one is given the opportunity to be heard but chooses not to give his side?...
Promulgated on 2005-08-16

367. CA GR SP 81940: ABS-CBN Broadcstng Corp. vs Hon. Alfredo Tadlar, et al.
This treats of the motion for reconsideration filed by the petitioner through counsel on 10 March 2005, seeking for the reconsideration of the Decision dated 16 February 2005, the decretal portion of which reads:...
Promulgated on 2005-08-16

368. CA GR SP 60142: LTO Assistant Secretary Benjamin G. Calima, et al. vs. Hon. Estrella T. Estrada, etc., et al.
CHALLENGED in this petition for certiorari is the Order of the Regional Trial Court (RTC) in Quezon City ordering the Land Transportation Office (LTO) to release and reinstall the car license plate of private respondent Roel Eric Garcia (Garcia) and to d...
Promulgated on 2005-08-16

369. CA GR CV 61031: CECILIA A. GIPULAN, et al vs MARIO PAZ DE LEON, et al
Records bear out that on December 1, 2004, We rendered a Decision in the abovecaptioned case, the dispositive portion of which reads:...
Promulgated on 2005-08-16

370. CA GR SP 75052: Sea Power Shipping Ent., Inc., et al. vs NLRC, et al.
A hard and serious look this Court undertook to modify the judgment dated 27 February 2004....
Promulgated on 2005-08-16

371. CA GR SP 90143: Nicanor Santos, etc. vs. Amado & Elizabeth Morales
THE petition for review faces outright dismissal for being defective in form and substance....
Promulgated on 2005-08-16

372. CA GR SP 74813: Antonio O. Cruz, et al. vs. HOn. Geraldine C. Fiel-Macaraig, etc., et al.
The thematic issues in this case turn around the issuance of a writ of possession placing the mortgagee in possession of an extrajudicially foreclosed property while a civil action to declare the mortgage and extra-judicial foreclosure void was pending...
Promulgated on 2005-08-16

373. CA GR SP 84141: Jazmin Soler vs PRC, et al.
This pertains to the motion for reconsideration filed by respondents on 21 March 2005, seeking for the reconsideration of the Decision dated 28 February 2005, the decretal portion of which reads:...
Promulgated on 2005-08-16

374. CA GR SP 86678: Tamaraw Security Service, Inc. (TSSI), et al. vs. N.L.R.C.., Serafio Baccay, et al.
For Our consideration is the Joint Motion to Dismiss, attaching a Compromise Agreement duly signed by both parties with the assistance of the mediator stating that the parties have already amicably settled the subject matters of this case to their mutual...
Promulgated on 2005-08-16

375. CA GR CV 83958: Mary U. Ong., etc., et al. vs. Shoemart, Inc., et al.
This is an appeal from the Orders dated June 30, 2004 and October 13, 2004, rendered by the Regional Trial Court (hereafter RTC), Branch 192, Marikina City, in Civil Case No. 2004-930-MK for Sum of Money....
Promulgated on 2005-08-16

376. CA GR SP 85349: Fil-Estate Properties, Inc. vs. Benito Go
This is a Petition for Review under Rule 43 of the 1997 Rules of Civil Procedure, as amended, seeking to reverse and set aside the Order dated May 13, 2004, dismissing the Appeal filed by Fil-Estate Properties, Inc., (hereafter petitioner), rendered by...
Promulgated on 2005-08-16

377. CA GR SP 90451: Jose Expedito Flores vs The Dir. Gen., PEZA
On 30 June 2005, this Court issued a Resolution, the decretal portion of which reads:...
Promulgated on 2005-08-16

378. CA GR SP 85867: SUNICO TRADING, INC., et. al. vs. NLRC, et. al.
This Petition for Certiorari pursuant to Rule 65 of the Revised Rules of Court seeks to annul and set aside the Decision dated April 30, 2004 of herein public respondent National Labor Relations Commission affirming in toto the Decision dated January 3...
Promulgated on 2005-08-16

379. CA GR SP 90410: BASISTA Water Dist. vs NLRC, et al.
This pertains to the Petition for Certiorari, Prohibition and Mandamus with Urgent Prayer for the Issuance of a Temporary Restraining Order (TRO) and/or Writ of Preliminary Injunction filed on 11 July 2005....
Promulgated on 2005-08-16

380. CA GR SP 82618: REYNALDO C. TOLENTINO vs. JOSE MA. CORAZON DE JESUS
Before Us is a Petition for Review under Rule 42 of the Rules of Court, filed by petitioner Reynaldo C. Tolentino (Tolentino for brevity), which seeks to reverse and set aside the decision of the Regional Trial Court of Manila, Branch 15, which sustain...
Promulgated on 2005-08-16

381. CA GR SP 90246: Board of Trustees of the PRA vs Bureau of Immig., et al.
The Board of Trustees of the Philippine Retirement Authority filed on 27 June 2005 this petition for certiorari pursuant to Rule 65 of the Revised Rules of Court, with an application for the issuance of a temporary restraining order and/or writ of prelim...
Promulgated on 2005-08-16

382. CA GR SP 84486: Nelly Lo Siy vs Hon. Ofelia Arellano-Marquez, et al.
This pertains to the motion for reconsideration filed by the private respondent through counsel on 04 March 2005, seeking for the reconsideration of the Decision dated 15 February 2005, the decretal portion of which reads:...
Promulgated on 2005-08-16

383. CA GR CR 00202: People vs Ramon Cañales
This pertains to the motion for reconsideration filed by the accused-appellant through counsel on 25 May 2005, seeking for the reconsideration of the Decision dated 29 April 2005, the decretal portion of which reads:...
Promulgated on 2005-08-16

384. CA GR SP 87795: Sps. Nestor & Elsa Cornel, et al. vs The City of Dagupan, et al.
On 29 March 2005, a letter/notice was sent by this Court to Atty. Dar Diga, counsel for petitioner-appellants and to his clients Spouses Nestor and Elsa Cornel. On even date, Atty. Roy Laforteza, counsel for respondent-appellee City of Dagupan and Atty. V...
Promulgated on 2005-08-16

385. CA GR SP 85377: Norman Mercado vs Alice Santos
This pertains to the motion for reconsideration filed by the petitioner through counsel on 11 April 2005, seeking for the reconsideration of the Decision dated 18 March 2005, the decretal portion of which reads:...
Promulgated on 2005-08-16

386. CA GR SP 85321: Edgardo More vs NLRC, et al.
BEFORE US is a Motion for Reconsideration filed by the petitioner through counsel on 12 May 2005, seeking for the reconsideration of the Decision dated 19 April 2005, the decretal portion of which reads:...
Promulgated on 2005-08-16

387. CA GR CR 00540: People vs Paterno Oliquino
BEFORE US is a motion for reconsideration filed by the accused-appellant on 13 April 2005, seeking for the reconsideration of the DECISION dated 21 March 2005, the decretal portion of which reads:...
Promulgated on 2005-08-16

388. CA GR SP 80390: Marsman Drysdale Agri-Ventures, Inc. vs. Hon. Patricia A. Sto. Tomas, etc., et al.
Before Us is a Petition for Certiorari assailing the Orders dated 2 June 2003 and 25 September 2003, both rendered by the Department of Labor and Employment holding that an employer-employee relationship exists between petitioner MD Agri-Ventures, Inc....
Promulgated on 2005-08-15

389. CA GR CV 82212: Caridad B. vda De Tuason vs. Roman Catholic Bishop of Nueva Segovia, et. al.
In a Minute Resolution dated April 22, 2005, defendantsappellants were granted an extension of thirty (30) days from April 10, 2005 or until May 10, 2005 within which to file their appellants? brief....
Promulgated on 2005-08-15

390. CA GR SP 86999: GNF Workers Association of the Philippines-SUPER vs. Hon. AVA Jane Peralta Viana, et al.
This is a Petition for Review under Rule 43 of the 1997 Rules of Civil Procedure, as amended, seeking to annul and set aside the Decision dated September 18, 2004, rendered by the National Conciliation and Mediation Board, Office of the Panel of Volunt...
Promulgated on 2005-08-15

391. CA GR CV 80228: RODERICK S. OCENADA vs. REPUBLIC OF THE PHILIPPINES
No public land can be acquired by private persons without any grant, express or implied, from the government (Padilla vs. Reyes, 60 Phil. 967, 969 [1934]), and it is indispensable that the person claiming title to the public land should show that his t...
Promulgated on 2005-08-15

392. CA GR SP 84919: Wilfredo M. Pascua vs. NLRC, et. al.
Before this Court is a Motion for Leave of Court to Withdraw Petition filed by petitioner which states, among others, that:...
Promulgated on 2005-08-15

393. CA GR SP 89391: Honda Cars Pasig, etc. vs. N.L.R.C. & Jessie Cuello
Before Us is petitioners' Motion to Withdraw Petition dated 25 July 2005, averring therein that on 22 July 2005, petitioner Honda Cars, Pasig represented by Luis Augusto Santamaria and private respondent Jessie Cuello filed a "Joint Motion to Withdraw a...
Promulgated on 2005-08-15

394. CA GR SP 72597: PRC Management Systems vs. N.L.R.C. & Luis Guzman, Jr.
“The burden of proving that the dismissal of an employee complied with substantive and procedural due process is on the employer, without distinction whether the employer...
Promulgated on 2005-08-15

395. CA GR SP 83856: Astro Outdoor Advertising, Inc. vs. Teresita S. Del Rosario, et al.
Before this Court is a petition for certiorari under Rule 65 of the 1997 Revised Rules of Civil Procedure filed by Astro Outdoor Advertising, Inc., which seeks to annul and set aside the following issuances of the Regional Trial Court of Quezon City....
Promulgated on 2005-08-15

396. CA GR CV 80430: Sps. Celso A. & Fe V. Fernandez vs. Sta. Lucia Realty & Development, Inc.
This is an appeal from the decision dated May 23, 2003 and order dated August 26, 2003 of the Regional Trial Court, Branch 223 of Quezon City in Civil Case No. Q-99-38712 for damages instituted by herein plaintiffsappellees spouses Celso and Fe Fernandez...
Promulgated on 2005-08-15

397. CA GR SP 84477: Radio Philippines Network, Inc. vs .N.L.R.C. & Mylah Reyes-Roque
The herein petition for certiorari assailing the decision of public respondent NLRC in NLRC NCR CA No. 031620-02 (NLRC NCR Case No. 00-05-02957-2000 Mylah Reyes-Roque, Complainant versus Radio Philippines Network, Respondent)suffers from infirmities....
Promulgated on 2005-08-15

398. CA GR CV 74483: VALENTINO R. CAASI vs. LILIBETH ORDO?EZ-CAASI, ET AL
Before us is an appeal from the decision dated November 15, 2001 of the Regional Trial Court of Quezon City, Branch 106, in Civil Case No. Q- 00-39942 declaring the marriage of the petitioner Valentino Caasi and respondent Lilibeth Ordo?ez- Caasi to be...
Promulgated on 2005-08-12

399. CA GR CR 29023: PEOPLE OF THE PHILIPPINES vs ENGR. ROMULO GAPUSAN
Before us on appeal is the Decision dated June 28, 2004 of the Regional Trial Court of Echague, Isabela, Branch 24, in Special Civil Action No. 24- 2001-06, the decretal portion of which states:...
Promulgated on 2005-08-12

400. CA GR SP 80067: SPOUSES YASMIN AND DOMINADOR NAVARRO vs ALFREDO C. EDOSMA, et al
This is a petition for review under Rule 42 of the Rules of Civil Procedure. The petitioners ask this Court to reverse and to set aside the Decision dated September 26, 2003 of the Regional Trial Court (RTC) Branch 131 of Caloocan City, which affirmed...
Promulgated on 2005-08-12

401. CA GR CV 81688: GREGORIO ESCALO vs.Ponciano Francisco and EFREN P. LUNA, Sheriff, MTC, BR 37, Quezon City
Perusing over the arguments raised in appellant's Motion for Reconsideration and those contained in appellees' Comment thereto, We find the Motion for Reconsideration offering no justification to compel a modification or reversal of Our Decision dated...
Promulgated on 2005-08-12

402. CA GR CV 78304: SUSAN SANTIAGO-GUELAS, et. al. vs. GLORIA CRUZ
Appealed by defendant-appellant is the Decision dated December 9, 2002 of the Regional Trial Court (RTC) of Malolos, Bulacan, Branch 84, the dispositive portion of which reads:...
Promulgated on 2005-08-12

403. CA GR CR 25498: The People of the Philippines vs Restituto Salcedo
Accused-Appellant is before Us via the instant appeal, beseeching Us to reverse the Judgment dated 02 March 2001 of Branch 15, Regional Trial Court (RTC) of Tabacco, Albay in Criminal Case No. T-2930 (I.S. No. 98-011) which found the accusedappellant ...
Promulgated on 2005-08-12

404. CA GR CV 72271: AYALA CORPORATION vs. POWER AND DEVELOPMENT EQUIPMENT CORPORATION, et al.
In the Resolution dated July 7, 2005, We denied appellee's Motion for Reconsideration. However, it was inadvertently written in the said Order that it was the appellants' motion that was being struck down. Appropriately, the dispositive portion of the...
Promulgated on 2005-08-12

405. CA GR CV 81813: HEIRS OF RAFAEL VALENZUELA, et al. vs. JOHN REY T. MAHINAY, et al.
We have assiduously perused the ratiocinations and arguments in appellants' Motion For Reconsideration as well as those contained in the appellee's Opposition and found the motion offering no compelling reason to modify, reverse and set aside the Dec...
Promulgated on 2005-08-12

406. CA GR SP 90514: YI LEISURE CLARK, INC vs INSURANCE COMMISSION, et al
Before us is a petition for certiorari under Rule 65 of the 1997 Rules of Civil Procedure seeking the nullification and setting aside of the letter/order dated July 6, 2005 of the Insurance Commission in response to its request for sanctions against re...
Promulgated on 2005-08-12

407. CA GR SP 66119: PIC Philippines, Inc. vs. Hon. Hernando Perez, etc, et al.
Before Us is a petition for certiorari filed by PIC Philippines Inc. to nullify a resolution of the Secretary of Justice upholding the dismissal of a complaint for estafa against Ricardo Luzuriaga....
Promulgated on 2005-08-12

408. CA GR CV 74773: SPOUSES LEANDRO AND CARMEN MACALINTAL vs REPUBLIC OF THE PHILIPPINES
In this ordinary appeal filed pursuant to Rule 42 of the 1997 Rules of Civil Procedure, appellant Republic of the Philippines, represented by the Office of the Solicitor General, seeks the reversal of the March 15, 2002 Decision rendered by the Municip...
Promulgated on 2005-08-12

409. CA GR SP 82177: VLADY ROMMEL P. HERRERO VS. NLRC, et al.
Assailed in this petition for certiorari under Rule 65 of the Revised Rules of Court are: (1) the October 30, 2003 resolution of the public respondent National Labor Relations Commission (NLRC, for brevity) in NLRC NCR CA No. 034801-03, affirming the l...
Promulgated on 2005-08-12

410. CA GR CR 27236: ABRAHAM MANGALINDAN vs PEOPLE OF THE PHILIPPINES
This is a petition for review of the decision dated January 21, 2003 issued by the Regional Trial Court of Olongapo City, Branch 72, in Criminal Case No. 735-02 which affirmed the decision dated August 28, 2002 of the Municipal Circuit Trial Court (MCT...
Promulgated on 2005-08-12

411. CA GR CV 76994: DOLORES CAMPOS vs DOMINADOR ORTEGA, et al
The essence of a vested right is at the heart of this appeal from the Decision dated November 12, 2002 rendered by the Regional Trial Court of Mandaluyong City, Branch 213, in Civil Case No. MC-99-826, the dispositive portion of which states:...
Promulgated on 2005-08-12

412. CA GR CV 74926: ROLANDO L. FERNANDEZ, et al vs REGINA INVENCION, et al
At bench is an appeal from the Decision dated October 9, 2000 rendered by the Regional Trial Court of Batac, Ilocos Norte, Branch 18, in Civil Case No. 2585-18, the dispositive portion of which states:...
Promulgated on 2005-08-12

413. CA GR SP 90730: Jaime & Aida Gacusan vs. Rosario G. Castro, et al.
Before the Court is a petition for review filed under Rule 43, 1997 Rules of Civil Procedure assailing the Decision dated July 14, 2005 of the Provincial Adjudicator, Provincial Agrarian Reform Adjudication Board, Region 1, Vigan City, Ilocos Sur which...
Promulgated on 2005-08-12

414. CA GR SP 85825: Ronald Escoto & Emiliano V. Ello vs. Stronghold Insurance Co., Inc.
This is a Petition for Review under Rule 42 of the 1997 Rules of Civil Procedure, as amended, which seeks the reversal of the Orders dated February 23, 2004 and July 13, 2004 issued by the Regional Trial Court (hereafter RTC), Branch 146, Makati City....
Promulgated on 2005-08-12

415. CA GR CV 61534: EDGARDO M. BEATO VS. LILIBETH TUMBAGA-BEATO, ET AL
"Marriage without love is like running an engine without oil. Sooner or later the engine will burn down. Living together under one roof without love is to live in turmoil soaked in mental torture and suffering. The law obliges the spouses to love each...
Promulgated on 2005-08-12

416. CA GR SP 90332: BABY YABUT VS. OSCAR M. SIMBULAN
The instant Petition For Review filed by the petitioner, through her counsel, is ordered DISMISSED outright for the following reasons:...
Promulgated on 2005-08-12

417. CA GR SP 90709: Maria Lucita Timpog, et al. vs. Hon. Department of Agrarian Reform, et al.
For consideration is petitioners' Petition for Certiorari seeking for the reversal of the decision dated December 28, 2004 of the Department of Agrarian Reform Adjudication Board (DARAB) in DARAB Case No. 8059 (Reg. Case No. R-0301-0104-98)....
Promulgated on 2005-08-11

418. CA GR SP 83705: Sps. Pablo & Corazon Lumague vs. Hon. Maria Nena J. Santos, etc., et al.
Before the Court is a petition for certiorari under Rule 65, 1997 Rules of Civil Procedure assailing the trial court's Order dated March 12, 2004 and April 12, 2004 in AD Case No. 35-V-00 which denied petitioners' notice of appeal for petitioners' lac...
Promulgated on 2005-08-11

419. CA GR CV 50995: MARIA CORAZON TAN, et al vs PDIC, REGENT SAVINGS BANK
Before us is an appeal from the Decision of the Regional Trial Court, Branch 80, Quezon City, the dispositive portion of which reads:...
Promulgated on 2005-08-11

420. CA GR SP 40844: MARCIANO BAUTISTA and EMILIA BAUTISTA VS. MANUEL, IGNACIO, ET. AL.
Before this Court is a Petition for Review under Rule 43 of the Rules of Court of the Decision dated April 29, 1996 issued by the Department of Agrarian Reform Adjudication Board (DARAB), Diliman, Quezon City, in DARAB Case No. 2332....
Promulgated on 2005-08-11

421. CA GR SP 82512: EDMOND DIANCO, et al vs EULOGIO DIANCO, SR
This is the poignant story of a family now divided over a land dispute. The issues presented are not novel ones. Thus, this Court is compelled to go beyond and transcend family relations in resolving the issues and applying the law....
Promulgated on 2005-08-11

422. CA GR SP 87141: John Allison D. Guiua for CEU Faculty & Allied Union vs. N.L.R.C., Centro Escolar University, 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 March 22, 2004 and Resolution dated July 30, 2004 of the National Labor Relations Commission (here...
Promulgated on 2005-08-11

423. CA GR SP 90521: Eufemia B.Jagonia vs. Joseph B. Shaw, Jr.
For resolution is the petition for review1 of the decision dated June 24, 2005 of the Regional Trial Court, Branch 197, Las Piñas City in Civil Case No. LP 04-0223....
Promulgated on 2005-08-11

424. CA GR CR 01072: People of the Philippines vs. Jon Fernandez
This is an appeal from the Decision dated March 12, 1999 rendered by the Regional Trial Court (RTC), Branch 6, Baguio City, in Criminal Cases Nos. 15331-R and 15332-R for the crime of Rape, to the Supreme Court which was subsequently trans...
Promulgated on 2005-08-11

425. CA GR CV 81249: Ronald E. Gutierrez vs. Emerisa V. Gutierrez
This is an appeal from the Decision dated June 3, 2003 rendered by the Regional Trial Court (hereafter RTC), Branch 38, Manila, in Civil Case No. 96-79575 for Declaration of Nullity of Marriage....
Promulgated on 2005-08-11

426. CA GR SP 80607: JOHNNY L. CO vs THE HONORABLE RTC OF QUEZON CITY, BRANCH 223, et al
Before us is a petition for certiorari taking to task the Regional Trial Court (RTC) of Quezon City, Branch 223 in Civil Case No. Q-98- 35658 entitled Heirs of the Late Romualdo Marzo, Jr. vs. JPC Builders Constrution, Inc. for issuing the Order dated...
Promulgated on 2005-08-11

427. CA GR CV 60440: FERRO CHEMICALS, INC. vs ANTONIO M. GARCIA
On Appeal is the civil aspect of the December 12, 1996 Decision of the Regional Trial Court, Branch 143, Makati City, acquitting accused-appellee Antonio M. Garcia of the crime of estafa punishable under Article 318 (other deceits) of the Revised Pena...
Promulgated on 2005-08-11

428. CA GR SP 82466: PIONEER ELECTRONICS ASIA CENTRE, PTE LTD. vs OFFICE OF THE SECRETARY DEPARTMENT OF JUSTICE, et al
At bar is a Petition for Certiorari filed by Pioneer Electronics Asia Centre, PTE Ltd. (herein petitioner), which seeks to annul the: (1) Resolution, dated August 9, 2002, of the Secretary of Justice Hernando B. Perez, dismissing the Petition for Revie...
Promulgated on 2005-08-11

429. CA GR CV 62381: GEORGE DY CHAN, et al vs REPUBLIC OF THE PHILIPPINES
Before Us is an Appeal from the September 21, 1998 Decision of the Regional Trial Court, Branch 20, Vigan, Ilocos Sur, ordering the registration of a parcel of land in favor of the applicants-appellees, George Dy-Chan and Lea So Chan, in Land Registrat...
Promulgated on 2005-08-11

430. CA GR CR 25483: PEOPLE OF THE PHILIPPINES vs ROY SAHAGUN
This is an appeal from the August 14, 2000 Decision of the Regional Trial Court, Branch 86, Cabanatuan City, in Criminal Case No. 6937-AF, finding accused Roy Sahagun guilty beyond reasonable doubt of the crime of Libel against one Artemio Llena. The I...
Promulgated on 2005-08-11

431. CA GR SP 90774: Beatrice P. Guipoc vs. Hon. RTC, La Trinidad, Benguet, et al.
This is a Petition for Review under Rule 42 of the Rules of Court of the order of the RTC of Benguet dismissing an original action for certiorari to set aside an order of the MCTC....
Promulgated on 2005-08-11

432. CA GR SP 87137: Panindigan Fishermen Multi-Purpose Cooperative, et al. vs. Office of the President, et al.
No petition for review having been filed within the reglementary period as reported by the Judicial Records Division, the case is deemed abandoned and dismissed....
Promulgated on 2005-08-11

433. CA GR SP 87971: NATIONAL ASSOCIATION OF ELECTRICITY CONSUMERS for REFORMS (NASECORE) vs NPC, et al
Subject of this order is the Motion for Reconsideration filed by the petitioner praying for the reconsideration of the February 24, 2005 Resolution which dismissed the petition on the ground that it failed to attach 1) the Application for the Approval...
Promulgated on 2005-08-11

434. CA GR SP 87870: EQUITABLE PCI BANK vs NLRC, et al
Records bear out that on June 29, 2005, We rendered a Decision stating that private respondent Robina D. Francia's dismissal is not tainted with any illegality and she is not, under the circumstances, entitled to any financial assistance. Pertinently,...
Promulgated on 2005-08-11

435. CA GR CV 81168: Gerardo S. Viterbo vs. Bing Dawang, et al.
Considering the report dated August 3, 2005 of the Judicial Records Division that no appellant's brief has been filed despite the notices to file brief duly sent to appellant's counsel and to appellant himself, this appeal is considered abandoned and a...
Promulgated on 2005-08-11

436. CA GR CV 79226: Rosalinda Santos, et al. vs. Sps. Antonio & Rosalina Arzala
Appeal by writ of error from the Decision of the Regional Trial Court of Binan, Laguna, Branch 25, in Civil Case No. B-4358....
Promulgated on 2005-08-11

437. CA GR SP 80897: Reynaldo B. San Pedro vs. N.L.R.C., Charles Morgan Printing Supply, et al.
We are asked today to review a decision of the National Labor Relations Commission that affirms the decision of the labor arbiter in an illegal dismissal case under the Labor Code....
Promulgated on 2005-08-11

438. CA GR SP 89770: SPOUSES RODOLFO PASCUA and CORAZON C. PASCUA vs. SHERIFF RODRIGO R. ORFIANO, et al.
On May 30, 2005, We dismissed the present Urgent Complaint For Issuance of Temporary Restraining Order, Preliminary Injunction, and/or Permanent Injunction for failing to contain a written explanation required in Section 11, Rule 13, and a Temporary Re...
Promulgated on 2005-08-11

439. CA GR CV 66310: SPOUSES VICTORINO and ROSITA ABRANTES vs DR. PHILIP YAP, et al
At bar is an appeal from the November 23, 1999 Decision of the Regional Trial Court, Branch 255, Las Piñas City, filed by Spouses Victorino and Rosita Abrantes (Abrantes spouses) against Dr. Philip Yap (Dr. Yap) and Gwendolyn F. Pollescas (defendant Po...
Promulgated on 2005-08-11

440. CA GR CR 28862: People of the Philippines vs. Charlie Cresencio Y Mendiola
This resolves detained-appellant's Manifestation with Motion to Withdraw Appeal dated 11 January 2005 filed by Public Attorney's Office (PAO) averring therein that accusedappellant had manifested his intention to withdraw appeal so that he could serve h...
Promulgated on 2005-08-10

441. CA GR SP 89260: SPOUSES ROLANDO and HERMINIA SALVADOR vs. ROSARIO and LUIS GONZALES
This is a petition for review of the Order dated March 28, 2005 (Annex "A", Petition; pp. 24-35, Rollo) of Branch 213, Regional Trial Court of Mandaluyong City in Civil Case No. MC-00-248-A reconsidering, setting aside and reversing the appealed Decisi...
Promulgated on 2005-08-10

442. CA GR SP 88272: Alfredo Sta. Rita & Celestino Dela Cruz, Sr. vs. Angeline Mercado Dabu
Before this Court is a Petition for Review under Rule 42 of the Revised Rules of Court assailing the Decision dated November 3, 2004 of the Regional Trial Court, Third Judicial Region, Branch 65, Tarlac City in Civil Case No. 9639....
Promulgated on 2005-08-10

443. CA GR SP 90363: Isetann Department Store & John Gobenghuy vs. NMI-SUPER & Virginia Abat
Petitioner most respectfully manifest that they will no longer file the petition for review and is withdrawing its aforementioned motion as the parties reached an amicable settlement....
Promulgated on 2005-08-10

444. CA GR CR 21494: PEOPLE VS. JOSE MARIA BASA III, ET. AL.
Indicted before the Regional Trial Court of Manila (Branch 35) for the crime of libel were Jose Maria Basa III (or ?Jose?), Raymunda G. Basa (or "Raymunda"), Betsy Basa Tenchavez (or "Betsy"), Cecilia Henson Basa (or "Cecilia"), Flor Ma. Basa...
Promulgated on 2005-08-10

445. CA GR CV 53603: REPUBLIC OF THE PHILIPPINES vs SPOUSES DIEGO and PRAXIDES CULTIVO
On appeal is the Decision (dated July 30, 1996) of the trial court (in Civil Case No. 8848) against the plaintiff, the dispositive portion of which reads, thus:...
Promulgated on 2005-08-10

446. CA GR SP 88874: RUTH E. ISLA vs HON. MARIANO M. SINGSON, JR., et al
After the consolidation of title in the buyer's name, for failure of the mortgagor to redeem, the writ of possession becomes a matter of right -- its issuance to a purchaser in an extrajudicial foreclosure is merely a ministerial function (Yulienco vs....
Promulgated on 2005-08-10

447. CA GR SP 88248: SPOUSES ELISEO and ALICIA E. NAGUIT vs HON. REYNALDO B. DAWAY, et al
The rule that once a decision becomes final and executory, it is the ministerial duty of the court to order its execution, admits of exceptions (Bustos vs. CA, 350 SCRA 155)....
Promulgated on 2005-08-10

448. CA GR SP 86186: JEANNETTE A. MENDOZA vs. NATIONAL LABOR RELATIONS COMMISSION, et al.
We have studied at length the arguments adduced in private respondents' Omnibus Motion For Reconsideration And Clarification, together with the Comment thereon of the petitioner, and found no reason to modify, recall or set aside Our Decision dated Ma...
Promulgated on 2005-08-10

449. CA GR SP 89290: SPOUSES RIZALDY RAQUINIO AND LESLIE RAQUINIO vs. SATURNINA CURILAN
THE PETITIONERS SEEK THE RECONSIDERATION OF THE DISMISSAL OF THEIR PETITION THROUGH THE RESOLUTION OF MAY 3, 2005, INSISTING THAT THE PETITION UNDER RULE 47, 1997 RULES OF CIVIL PROCEDURE, IS THE APPROPRIATE AND ONLY REMEDY TO SET ASIDE THE JUDGMENT BA...
Promulgated on 2005-08-10

450. CA GR CV 55579: CARMEN S. CONDA, et. al. vs. LEONCIO PELECIA, et. al.
The case at bar was recently re-raffled to the undersigned ponente as part of this Court's Zero Backlog Project. Considering that this case has been submitted for decision as early as March 8, 1979, we are resolving it without further delay....
Promulgated on 2005-08-10

451. CA GR SP 86338: JADWANI INTERNATIONAL EMPLOYEES LABOR UNION, et. al. vs. NLRC, et. al.
This is a petition for certiorari under the 1997 Rules of Civil Procedure, questioning the following actions of public respondent National Labor Relations Commission (NLRC):...
Promulgated on 2005-08-10

452. CA GR CV 78209: Luz Corres vs. Takashe Kase, et al.
Before this Court is an appeal from the Decision dated November 28, 2002 of the Regional Trial Court, National Capital Judicial Region, Branch 162, Pasig City in JDRC Case No. 5540....
Promulgated on 2005-08-10

453. CA GR SP 83744: SPS. FIDEL NERA and ALICIA NERA vs MA. THERESA CABRALES
This is a petition for review under Rule 42 of the 1997 Rules of Court assailing the January 9, 2004 Decision of the Regional Trial Court of Valenzuela City, Branch 171, in Civil Case No. 206-V-03, which held:...
Promulgated on 2005-08-10

454. CA GR CV 71189: HEIRS OF ILOC BILAG vs HEIRS OF MARY L. PARAN
This is an appeal from the Decision of the Regional Trial Court, Branch 60, Baguio City in Civil Case No. 2194-R, an action for quieting of title and recovery of possession with damages, with prayer for preliminary injunction....
Promulgated on 2005-08-10

455. CA GR CV 76604: Oscar G. Jalbuena vs. Sps. Pepito Villarosa, et. al.
Before this Court is an appeal from the decision of Branch 65, Regional Trial Court, Third Judicial Region, Tarlac City in Civil Case No. 8694, the dispositive portion of which states:...
Promulgated on 2005-08-10

456. CA GR SP 89935: SPOUSES AMADO TORRALBA et al. vs. SPOUSES GERONIMO SORIANO and FELICIDAD SORIANO,
On June 9, 2005, We dismissed the instant Petition for Review for not appending other relevant pleadings and material portions of the record that would support the allegation of the petition as required by Section 2, Rule 42, 1997 Rules of Civil Proced...
Promulgated on 2005-08-10

457. CA GR SP 88069: Sps. Dearla & Gregorio C. Fernandez vs. Radiowealth Finance Company
Before this Court is a Petition for Review seeking to annul and set aside the decision dated May 21, 2004 of the Regional Trial Court, National Capital Judicial Region, Branch 213, Mandaluyong City....
Promulgated on 2005-08-10

458. CA GR SP 90367: DIOSDADO CARAUSOS, et al. vs. HON. BRIGIDO ARTEMON M. LUNA II, et al.
BY THEIR MOTION FOR RECONSIDERATION, THE PETITIONERS SEEK THE RECONSIDERATION OF THE DISMISSAL OF THIS CASE PER THE RESOLUTION OF JULY 18, 2005....
Promulgated on 2005-08-10

459. CA GR CR 29406: Divina Alvaro vs. The People of the Philippines
There are numerous material portions of the record referred to in the petition which are not attached, such as the checks (par. 1), demand letter (par. 4), reply letter (par. 5), complaint (par. 6), post dated checks (par. 7), affidavit of desistance (...
Promulgated on 2005-08-10

460. CA GR CR 24642: PEOPLE OF THE PHILIPPINES vs SOFRONIO FURIGAY y MARAMAG
Accused-appellant Sofronio Furigay y Maramag was charged before the Regional Trial Court, Branch 4, Tuguegarao City, Cagayan, with the crime of frustrated murder, defined and penalized under Article 248, in relation to Articles 6 and 50 of the Revised...
Promulgated on 2005-08-09

461. CA GR SP 90064: NATY'S PAWNSHOP, et al vs TESSIE SANCHEZ, et al
Before us is a Petition for Review seeking the reversal and setting aside of the consolidated Decisions of the Regional Trial Court of Tarlac City, Branch 64, in Civil Cases Nos. 9732 to 9736 and 9774 to 9777, for collection of sum of money....
Promulgated on 2005-08-09

462. CA GR CR 27778: People vs Howard Teck
This pertains to the motion for reconsideration filed by the accused-appellant through counsel on 22 February 2005, seeking for the reconsideration of the Decision dated 26 January 2005, the decretal portion of which reads:...
Promulgated on 2005-08-09

463. CA GR SP 79600: SPOUSES CRESENTE and GLORIA REGARDE vs HLURB, et al
In this Petition for Review under Rule 43 of the 1997 Rules of Civil Procedure, petitioners Spouses Cresente and Gloria Regarde seek the reversal of the 27 June 2003 Decision of the Office of the President in O.P. Case No. 00-H-9207...
Promulgated on 2005-08-09

464. CA GR CV 54332: INTERNATIONAL CORPORATE BANK, INC. vs. DAVAO TIMBER CORPORATION, et. al.
This case was one of those left pending by another justice who was sick off and on until his demise in January this year. It was recently re-raffled and re-assigned to the undersigned ponente in connection with the Court's "Zero...
Promulgated on 2005-08-09

465. CA GR SP 89998: LILLI MARKETING CORPORATION, et. al. vs. NLRC, et. al.
Before us in this petition for certiorari under Rule 65 of the 1997 Rules of Civil Procedure are the following issuances of public respondent National Labor Relations Commission...
Promulgated on 2005-08-09

466. CA GR SP 83085: PHILIPPINE WORKFORCE INTERNATIONAL, INC. vs. HON. PATRICIA A. STO. TOMAS, et. al.
This is a petition for certiorari filed under Rule 65 of the 1997 Rules of Civil Procedure, seeking to annul and set aside the following issuances of the Hon. Patricia A. Sto. Tomas, Secretary of the Department of Labor and Employment...
Promulgated on 2005-08-09

467. CA GR SP 86609: FE B. CHAN vs. HON. ANTONIO M. ESTEVES, et. al.
The right to bail flows from the presumption of innocence. This is the crux of the petitioner's contention in a petition for certiorari brought before this Court assailing the "no bail" recommendation in...
Promulgated on 2005-08-09

468. CA GR CV 72743: First Gas Power Corp. vs. Republic of the Philippines
ELEVATED to Us by appeal is the Decision of the Regional Trial Court (RTC) in Batangas City granting the petition for original registration of three parcels of land located in Barangay Sta. Rita, Batangas....
Promulgated on 2005-08-09

469. CA GR CV 81025: Pedrito Golpeo, et al. vs. Land Bank of the Philippines, et al.
WHAT should a trial Court do if some indispensable parties are not impleaded?...
Promulgated on 2005-08-09

470. CA GR SP UDK 5366: Julius T. Pimentel, etc. vs. Ignacio C. Flores, et al.
For failure to remit together with his pleading the requisite docket fees in violation of Section 4, Rule 43 of the 1997 Revised Rules of Civil Procedure, the instant case is hereby ordered DISMISSED OUTRIGHT....
Promulgated on 2005-08-09

471. CA GR CR 27798: PEOPLE OF THE PHILIPPINES vs ROMELITO BERNARDO
Before us is an appeal from the 20 May 2003 Decision of Branch 39, Regional Trial Court of Calapan, Oriental Mindoro in Criminal Case No. C- 5649, finding accused-appellant Romelito Bernardo (appellant) guilty beyond reasonable doubt of carnapping pena...
Promulgated on 2005-08-09

472. CA GR SP 90656: Maximino Gimena vs. N.L.R.C., et al.
Before this Court is a Petition for Certiorari seeking to nullify public respondent NLRC's resolutions dated February 14, 2005 and June 22, 2005 in CA No. 037407-03, RAB-IV-02-15181- 02-R....
Promulgated on 2005-08-09

473. CA GR SP 88571: Bernabella Jean Bautista vs. N.L.R.C., General Nutrition Center (GNC), et al.
Finding no new matter of substance that would warrant the modification much less the reversal of the June 28, 2005 Decision of this Court, the Motion for Reconsideration filed by the petitioner is hereby DENIED for lack of merit....
Promulgated on 2005-08-09

474. CA GR CV 65693: NIEVES ESTARES BALDOS vs REYNALDO PILLAZAR, "Reynaldo Estares Baldos"
This is an appeal from the August 16, 1999 Order of the Regional Trial Court, Branch 46, Olongapo City, in Civil Case No. 79-0-95, dismissing the complaint filed by Nieves Estares Baldos (appellant) against Reynaldo Pillazar alias Reynaldo Baldos (appe...
Promulgated on 2005-08-08

475. CA GR CV 73848: VALENTINO R. CAASI VS. LILIBETH ORDO?EZ-CAASI, REPUBLIC OF THE PHILS.
Before us is an appeal from the decision dated November 15, 2001 of the Regional Trial Court of Quezon City, Branch 106, in Civil Case No. Q- 00-39942 declaring the marriage of the petitioner Valentino Caasi and respondent Lilibeth Ordo?ez- Caasi to be...
Promulgated on 2005-08-08

476. CA GR SP 52369: Manila Electric Company vs. N.L.R.C. & Augustus Rommel A. Salazar
This is a Petition for Certiorari for partial nullification of the decision dated July 28, 1998 of the NLRC in NLRC NCR Case No. 12-07612-93 (NLRC NCR CA No. 015140-98), which affirmed the judgment dated November 27, 1997 of the Labor Arbiter....
Promulgated on 2005-08-08

477. CA GR CR 00187: PEOPLE OF THE PHILIPPINES vs WALTER ED BACCAY y POVADORA
This is an appeal from the April 25, 2002 Judgment of the Regional Trial Court, Branch 213, Mandaluyong City, in Criminal Case No. MC- 99-21-2155-H, finding Walter Ed Baccay y Povadora guilty beyond reasonable doubt of having committed the crime of Rap...
Promulgated on 2005-08-08

478. CA GR CV 84497: Herminia Cando vs. Cesar Yambao, et al.
For failure to file appellants' brief within the reglementary period which expired on June 20,2005, the appeal of defendants-appellants is hereby deemed ABANDONED and accordingly DISMISSED, pursuant to Section 1(e), Rule 50, 1997 Rules of Civil Procedur...
Promulgated on 2005-08-08

479. CA GR SP 87513: EDUARDO CANALES vs. DEPARTMENT OF JUSTICE, et al.
Challenged in this petition for certiorari under Rule 65 of the 1997 Rules of Civil Procedure is the Resolution dated September 1, 2004 (Annex "A", Petition, Rollo, p. 29) of the Secretary of Justice, rendered through Chief State Prosecutor Jovencito R...
Promulgated on 2005-08-08

480. CA GR CV UDK 0719-E: Sps. Hasib & Fatima Camar vs. Mely Espinosa, et al.
For failure of plaintiffs-appellants' counsel to comply, despite receipt on January 17, 2005....
Promulgated on 2005-08-08

481. CA GR SP 90654: Milagros Castro vs. Hon. Avelino A. Lazo, etc., et al.
Assailed in this Petition for Certiorari, Prohibition and Mandamus is the decision of the lower court (RTC, Br. 75, Olongapo City) in Criminal Case No. 609-01 entitled People of the Philippines, Plaintiff versus Crispin Mansala y Lagman, Accused....
Promulgated on 2005-08-08

482. CA GR SP 88178: Tabangao Shell Refinery Employees Asso. vs. Hon. Patricia A. Sto. Tomas, etc., et al.
Impugned in this petition for certiorari, as tainted with grave abuse of discretion, amounting to lack or excess of jurisdiction, are the September 20, 2004 Order, the October 6, 2004 Resolution and the December 13, 2004 Resolution of public respondent Se...
Promulgated on 2005-08-08

483. CA GR CR 29487: WILFREDO OLPINDO vs. PEOPLE OF THE PHILIPPINES, et. al.
Section 2 (d) of Rule 42 which governs appeals, by petition for review, from decisions of the RTC rendered in the exercise of its appellate jurisdiction provides that the petition shall-...
Promulgated on 2005-08-07

484. CA GR CV 62138: ANDERSEN CONSULTING, INC. vs. MARILOU VELEZ
Assailed in this appeal is the Decision dated December 22, 1998 of Branch 150 of the Regional Trial Court of Makati City in Civil Case No. 97-337 entitled "Andersen Consulting, Inc., plaintiff vs. Marilou Velez, defendant" for breach of contract with d...
Promulgated on 2005-08-05

485. CA GR CR 28392: PEOPLE OF THE PHILIPPINES vs.RUEL RAMIREZ, alias "NONOY "
Perusing over the arguments raised in accused-appellant's Motion for Reconsideration and those contained in appellee's comment thereto, We find the Motion for Reconsideration offering no justification to compel a modification or reversal of Our Decisio...
Promulgated on 2005-08-05

486. CA GR SP UDK 5332: Arch. Pilipinas P. Patenia vs. Insurance Commission and Philam Insurance
A careful evaluation of the instant petition and its supporting documents revealed the following defects:...
Promulgated on 2005-08-05

487. CA GR SP 77167: CREAMSHIP MANAGEMENT, INC. vs. NLRC, et. al.
It appearing from the SATISFACTION OF CLAIM filed by the parties, as attested by CA Mediator Judge Rustico V. Panganiban (Ret.) and Project Director Chairman Alfredo F. Tadiar (p. 134, Rollo), that private respondent Elias...
Promulgated on 2005-08-05

488. CA GR CV 58636: Spouses Camposano vs Anita Santos, et al
Subject of this appeal is the decision of the Regional Trial Court of Quezon City, Branch 80 in an action for "Judicial Confirmation of Cancellation of Contract, Forfeiture, Declaration of Builder in Bad Faith" filed by the plaintiffsappellees against...
Promulgated on 2005-08-05

489. CA GR CV 78179: Mario Danilo Villaflores vs. Rogelio U. Yap
FOCUSED on appeal is the Decision of the Regional Trial Court (RTC) in a complaint initiated by plaintiff-appellant Mario Danilo Villaflores against defendant-appellee Rogelio U. Yap, praying, inter alia, that the latter be declared guilty of act of di...
Promulgated on 2005-08-05

490. CA GR CV 82330: PHILIPPINE BANK OF COMMUNICATIONS vs. KING SI BIAK
Philippine Bank of Communications (PBCOM) extended a P346,000.00-loan to King Si Biak covered by Promissory Note dated October 14, 1999 (Annex A, Complaint, p. 6, Records) to mature on January 17, 2000....
Promulgated on 2005-08-05

491. CA GR SP 86537: PROVIDENT INTERNATIONAL RESOURCES CORPORATION vs. SECRETARY OF JUSTICE, MERCEDITAS N. GUTIERREZ
Challenged in this petition for certiorari under Rule 65 of the 1997 Rules of Civil Procedure is the Resolution dated February 5, 2004 (Annex "A", Petition) of the Secretary of Justice, rendered through Acting Secretary Ma. Merceditas N. Gutierrez, dis...
Promulgated on 2005-08-05

492. CA GR SP 87270: MICROPHIL-GUAM DEVELOPMENT INCORPORATED vs. DOMINGA M. BUMANGLAG, et al.
Challenged in this petition for certiorari under the Rule 65 of the Revised Rules of Court is the Order dated May 11, 2004 (Annex A, Petition; Rollo, pp. 15-18) of public respondent Department of Labor and Employment (DOLE) in RV (L) 03-01- 0182 (OS-P...
Promulgated on 2005-08-05

493. CA GR SP 84752: UNIVERSAL STAFFING SERVICES,INC., et al. vs. NATIONAL LABOR RELATIONS COMMISSION, et al.
Universal Staffing Services, Inc. (Universal, for brevity) assails the Decision of public respondent National Labor Relations Commission (NLRC) dated May 7, 2003 as well as its Order dated September 27, 2004...
Promulgated on 2005-08-05

494. CA GR SP 87452: UNIVERSAL STAFFING SERVICES, INC. vs. NATIONAL LABOR RELATIONS, et al.
Universal Staffing Services, Inc. (Universal, for brevity) assails the Decision of public respondent National Labor Relations Commission (NLRC) dated May 7, 2003 as well as its Order dated September 27, 2004...
Promulgated on 2005-08-05

495. CA GR SP 87811: MA. CONCEPCION S. MAGSUMBOL vs. NATIONAL LABOR RELATIONS COMMISSION, et al.
Petition for Certiorari under Rule 65 of the 1997 Rules of Civil Procedure to annul and set aside the Resolution of the National Labor Relations Commission (NLRC, for brevity) rendered on June 30, 2004 (Annex "C", Petition; Rollo, pp. 36-43), as well a...
Promulgated on 2005-08-05

496. CA GR SP 90563: HENRY ESCALTURA, MIGUEL G. MENDIGORIN, et al. vs. HON. MIGUEL FAMULARCANO, et al.
This is a petition for certiorari under Rule 65 assailing the Orders dated February 15, 2005 and May 5, 2005, issued by the Municipal Trial Court of Subic, Zambales. Albeit this Court has original concurrent jurisdiction with the Supreme Court and the R...
Promulgated on 2005-08-05

497. CA GR SP 87221: James Laing, et al. vs. N.L.R.C. & Prescilo T. Montarde
This is a petition for certiorari under Rule 65 of the 1997 Rules of Civil Procedure, which seeks to annul and set aside the National Labor Relations Commission's resolution dated May 31, 2004 dismissing petitioners' appeal from the decision of the lab...
Promulgated on 2005-08-05

498. CA GR CV 83489: Hrs. of Isidora Aguilar vs. Jose Oliva, et al.
The present appeal is accordingly DISMISSED pursuant to Sec. 1(e), Rule 50 of the Rules of Court....
Promulgated on 2005-08-05

499. CA GR SP 89535: Monica T. Ramos & Gonzalo Ramos vs. Henrita vda. de Ramos
In its resolution promulgated last May 10, the Court deferred initial action on the herein petition for review and directed petitioner Gonzalo Ramos to amend his petition within 10 days from notice so as to implead as co-petitioners the...
Promulgated on 2005-08-05

500. CA GR SP 88747: AMELIA B. BOSITO, et. al. vs. HOME DEVELOPMENT MUTUAL FUND
Assailed in this petition for review under Rule 42 of the 1997 Rules of Civil Procedure is the decision of the Regional Trial Court (RTC), Branch 68 of Binangonan, Rizal dated...
Promulgated on 2005-08-04

501. CA GR SP 88899: WILMER D. GENOVIA vs. NLRC, et. al.
Assailed in this petition for certiorari are the following issuances of public respondent National Labor Relations Commission (NLRC): (a) resolution dated October 14, 2004...
Promulgated on 2005-08-04

502. CA GR CV 69756: GRESILDA BIAGTAN VDA. DE PEREZ, et al vs SPS. ROMEO VENTANILLA AND LITA DIZON
This is an appeal from the Decision dated November 14, 2000 rendered by the Regional Trial Court of Dagupan City, Branch 41, in Civil Case No. 98-02072-D, the dispositive portion of which states:...
Promulgated on 2005-08-04

503. CA GR SP 90633: VALLE VERDE COUNTRY CLUB, ET AL. VS. VICTORIANO R. CALAYCAY, ET AL.
The instant Petition For Certiorari Under Rule 65 Of The 1997 Rules Of Civil Procedure With Prayer For Temporary Restraining Order And Writ Of Preliminary Injunction filed by the petitioners, through their counsel is ordered DISMISSED...
Promulgated on 2005-08-04

504. CA GR SP 73347: TERESO CARLOS vs RUPERTO OSORIO
In this petition for review, petitioner Tereso Carlos seeks the reversal of the Decision dated September 12, 2002 rendered by the Regional Trial Court of Nueva Ecija, Branch 29, in Civil Case No. 4283, the decretal portion of which states:...
Promulgated on 2005-08-04

505. CA GR SP 90554: SPS. DOMINADOR AND ROSA PILI CARILLO VS. HON. DORENTINO Z. FLORESTA, ET AL.
The instant Petition For Certiorari And Injunction With Prayer For Issuance Of A Writ Of Preliminary Injunction And/Or Temporary Restraining Order is defective for the following reasons:...
Promulgated on 2005-08-04

506. CA GR SP 85382: QUINTIN VERGARA vs. HON. JANE AURORA LANTION, et al.
CONSIDERING THAT THE PETITIONER'S MOTION FOR RECONSIDERATION DOES NOT RAISE ANY MATTER OR ISSUE THAT WE HAVE NOT ALREADY FULLY DEALT WITH IN THE DECISION DATED MAY 27, 2005, WE HEREBY DENY THE MOTION FOR LACK OF MERIT....
Promulgated on 2005-08-04

507. CA GR SP 84773: ROSARIO A. BALADJAY vs REGIONAL TRIAL COURT (BRANCH 148) OF MAKATI CITY, et al
The records show that by Resolution dated October 4, 2004, petitioner was directed to immediately furnish the Office of the Solicitor General (OSG) with a copy of the instant petition within five (5) days from notice....
Promulgated on 2005-08-04

508. CA GR CV 76149: Open Bible Baptist Church, etc. vs. Venancia Del Rosario, et al.
The kernel of this appeal is a writ of possession issued by the Regional Trial Court of Malolos Bulacan to place the Open Bible Baptist Church in possession of two parcels of land which it acquired in execution proceedings to satisfy its money judgment a...
Promulgated on 2005-08-04

509. CA GR CV 77318: Sps. Leonardo Guerrero & Marivic Quinto vs. Republic of the Philippines
This is an appeal by the Solicitor General from a decision in a petition for reconstitution of title that is so obviously flawed that even the applicants beseech us not to affirm it....
Promulgated on 2005-08-04

510. CA GR CV 73204: OSCAR ANGELES, et al vs FELINO MERCADO, et al
The essence of a contract of partnership is at the heart of this appeal from the Decision dated October 23, 2000 of the Regional Trial Court of Laguna, Branch 26, in Civil Case No. SC-3546, the decretal portion of which states:...
Promulgated on 2005-08-04

511. CA GR CV 83767: HEIRS OF CONSTANCIA SINSON DE RAMOS vs. PRESCILA JOCO MARASIGAN et al.
BY THEIR MOTION FOR RECONSIDERATION, THE APPELLANTS SEEK RECONSIDERATION OF THE RESOLUTION DATED JUNE 10, 2005 THAT DISMISSED THE APPEAL FOR FAILURE TO FILE THE APPELLANT'S BRIEF WITHIN THE TIME PROVIDED BY THE RULES OF COURT....
Promulgated on 2005-08-04

512. CA GR SP 85599: PHILIPPINE RICE RESEARCH INSTITUTE, et al. vs. HON. EDWIN C. MA-ALAT, ET AL.
THE MOTION FOR RECONSIDERATION OF THE PETITIONERS IS DENIED FOR LACK OF MERIT SINCE IT PRESENTS NO GROUND AND ARGUMENT THAT WERE NOT ALREADY FULLY DEALT WITH AND DETERMINED IN THE DECISION PROMULGATED ON MARCH 15, 2005....
Promulgated on 2005-08-04

513. CA GR CV 80437: Edison So vs. Republic of the Philippines
The People's Tribune has appealed from the decision of the Regional Trial Court, National Capital Judicial Region, Branch VIII, Manila, in Case No. 02- 102984 for "Naturalization by Edison So praying for admission as citizen of the Philippines"...
Promulgated on 2005-08-04

514. CA GR CV 84166: ELISA C. TULLAO VS. REPUBLIC OF THE PHILIPPINES
In view of the failure of the petitioner-appellant to file her brief within the reglementary period provided by the Rules of Court, despite receipt of the Notice To File Brief dated March 17, 2005,1 the instant appeal is hereby DISMISSED...
Promulgated on 2005-08-04

515. CA GR SP 90588: MATSTAR BUSINESS ALLIANCE VS. ERNESTO MEDINA, ET AL.
The instant petition for review is ordered DISMISSED for the following reasons: 1.Paragraph 2 of the Verification and Certification of Non-Forum Shopping of the instant petition states:...
Promulgated on 2005-08-03

516. CA GR CV 78644: ASEC-VIISA DEVELOPMENT CORPORATION vs CROWN PEAK ESTATE DEVELOPMENT, INC., et al
Records bear out that on July 31, 2003, plaintiff-appellee ASECVIISA Development Corporation (ASEC-VIISA) filed a "Motion For Execution Pending Appeal" against defendant-appellant Crown Peak Estate Development, Inc. (Crown Peak)....
Promulgated on 2005-08-03

517. CA GR SP 90600: WELITO L. RONDARIO, ET. AL. vs. HON. PRESIDING JUDGE JOSE ENRICO M. TALAG, et. al.
This is a Petition for Injunction with prayer for the issuance of a Writ of Preliminary Injunction and Temporary Restraining Order seeking to restrain public respondents from implementing and executing the joint decision dated April 12, 2002 in Civil C...
Promulgated on 2005-08-03

518. CA GR SP 90498: Sps. Alejandrino & Zenaida B. Alhambra vs. Hon. Pedro B. Corrales, etc., et al.
The herein petition for certiorari assails the Order dated June 27, 2005 of the public respondent in LRC Case No. 05-0006-CFM (In the Matter of the Issuance of Writ of Possession Jovita S. Gabriel, Petitioner v. Spouses Alejandrino and Zenaida B. Alham...
Promulgated on 2005-08-03

519. CA GR SP 80872: Dalisay Shipping Corp., etc. vs. N.L.R.C. & Victor S. Delos Reyes
This is a Petition for Certiorari under Rule 65 of the Revised Rules of Civil Procedure seeking to set aside the Order of the public respondent National Labor Relations Commission denying the petitioners' Motion for Reconsideration....
Promulgated on 2005-08-03

520. CA GR SP 90396: OSCAR DELA CRUZ, et. al. vs NLRC, et. al.
The instant Petition for Certiorari was filed by Armando Macaraeg, in his capacity as petitioners' attorney-in-fact. However, a perusal of the Special Power of Attorney (SPA) dated February 15, 1999 executed by the petitioners naming Oscar dela Cruz an...
Promulgated on 2005-08-03

521. CA GR CV 78107: Hrs. of the Late Judge Luis Vera Cruz, etc., et al. vs. Register Of Dees of Isabela, et al.
Before this Court is an appeal from the decision dated October 24, 2002 of the Regional Trial Court, Second Judicial Region, Branch 24, Echague, Isabela, in LRC PET. No. 24-2633....
Promulgated on 2005-08-03

522. CA GR CV 78241: Golden Square Properties & Development Corp. vs. Republic of the Philippines
Before this Court is an appeal from the decision dated December 20, 2001 of the Municipal Trial Court, Fourth Judicial Region, Taytay, Rizal in LRC Case No. 97-0004....
Promulgated on 2005-08-03

523. CA GR SP 87972: Jose Delos Reyes vs. Hon. Rodolfo R. Bonifacio, etc., et al.
Finding no new matter of substance that would warrant the modification much less the reversal of the May 13, 2005 Decision of this Court, the Motion for Reconsideration2 filed by the petitioner is hereby DENIED for lack of merit....
Promulgated on 2005-08-03

524. CA GR CV 83854: Melchor Baltazar vs. Aurora Abalos-Baltazar
For resolution is the Withdrawal of Appeal filed by the Office of the Solicitor General, alleging that: it appealed2 the Judgment dated August 17, 2004 of the Regional Trial Court, First Judicial Region, Branch 59, Baguio City in Civil Case No. 428-FC....
Promulgated on 2005-08-02

525. CA GR SP 87710: Maria Virginia V. Remo vs. Hon. Secretary of Foreign Affairs
Finding no new matter of substance that would warrant the modification much less the reversal of the May 27, 2005 Decision of this Court, the Motion for Reconsideration filed by the petitioner is hereby DENIED for lack of merit....
Promulgated on 2005-08-02

526. CA GR SP 87578: Olivia Ramos vs. Hon. Delia Panganiban, et al.
Finding no new matter of substance that would warrant the modification much less the reversal of the May 25, 2005 decision of this Court....
Promulgated on 2005-08-02

527. CA GR SP 86569: ELIN PHARMACEUTICALS, INC. vs. NLRC, et. al.
This is a Petition for Certiorari under Rule 65 of the 1997 Rules of Court with prayer for issuance of a Writ of Injunction and/or Temporary Restraining Order to annul and set aside the Decision (Rollo, pp. 123-131) dated June 1, 2004, and Resolution (...
Promulgated on 2005-08-02

528. CA GR SP 88407: Al P. Rodriguez vs. N.L.R.C., Selecta Walls, Inc., et al.
Before this Court is a petition for certiorari under Rule 65 of the 1997 Rules of Civil Procedure which seeks to review and annul the decision dated July 30, 2004 and the resolution dated November 26, 2004....
Promulgated on 2005-08-02

529. CA GR CV 59877: SPS. LEONARDO and JUANA MARTIN vs. SPOUSES JOSE and SONIA ABANO
This is an appeal from the January 12, 1998 Decision (Rollo, pp. 94-98) of the Regional Trial Court (RTC) of Malolos, Bulacan, Branch 11 which dismissed plaintiffs-appellants' complaint for damages in Civil Case No. 616-M-90....
Promulgated on 2005-08-02

530. CA GR CV 60106: DR. EDGARDO SAMSON vs. LUIS CHIU, et. al.
Challenged in this appeal is the Decision dated March 16, 1998 of Branch 273 of the Regional Trial Court of Marikina City in Civil Case No. 96-186-MK entitled "Dr. Edgardo Samson, plaintiff vs. Anthony Salmon and Luis Chiu, defendants" for collection o...
Promulgated on 2005-08-02

531. CA GR CV 83996: Sps. Roy L. & Yolanda D. Tandoc vs. Flordeliza Rivera, et al.
Per report of the Judicial Records Division (JRD) dated July 20, 2005 that appellants failed to file their Brief within the period of extension granted to them, the herein appeal is hereby DISMISSED pursuant to Section 1 (e), Rule 50 of the 1997 Rules...
Promulgated on 2005-08-02

532. CA GR SP 70769: BPI vs Comm. of Internal Revenue
This resolves the motion for reconsideration dated October 16, 2003 filed by herein petitioner BPI Family Savings Bank from our decision dated September 11, 2003 wherein we echoed the Court of Tax Appeals' denial of petitioner's claim for refund of unut...
Promulgated on 2005-08-01

533. CA GR SP 89202: FELICIDAD R. DUQUE vs. DEPARTMENT OF JUSTICE ROSITA R. ORTEGA
THE PETITIONER MOVES FOR THE RECONSIDERATION OF THE RESOLUTION OF APRIL 19, 2005, WHEREBY WE DISMISSED THE PETITION FOR REVIEW DUE TO THE FAILURE TO SUBMIT THE CLEARLY LEGIBLE OR CERTIFIED TRUE COPY OF THE ASSAILED MARCH 4, 2005 RESOLUTION OF THE OFFI...
Promulgated on 2005-08-01

534. CA GR CV 73983: Carmelita R. Pabalan, et. al. vs. Jose Bañares
This resolves the appeal from the Decision dated December 28, 2001 rendered by the Regional Trial Court of Marikina City, Branch 273, in Civil Case No. 96-290-MK praying for award of damages....
Promulgated on 2005-08-01

535. CA GR SP 70962: J.Y. INTERNATIONAL MARKETING, INC., et al. vs. Hon. ANGEL HERNANDO, et al.
THE PETITIONERS SEEK RECONSIDERATION OF OUR DECISION OF APRIL 29, 2005 BY REPEATING GROUNDS AND ARGUMENTS THAT WE FULLY DISCUSSED AND DETERMINED THEREIN....
Promulgated on 2005-08-01

536. CA GR SP 81091: PPA vs Hon. Paterno Tac-an, et al.
By way of a resolution dated January 4, 2005 (Rollo, p. 513), this Court granted petitioner Philippine Ports Authority's application for issuance of a writ of preliminary injunction upon posting of a bond in the amount of five million pesos (P5,000,000.00...
Promulgated on 2005-08-01

537. CA GR CV 84094: KALAYAAN DEVELOPMENT COOPERATIVE, et al. vs. STO. NIÑO VILLAGE HOMEOWNERS ASSO. INC., ETC. et al.,
Acting on the Motion to Withdraw Appeal, with the conformity of the plaintiff-appellant Cooperative thru Gerolin E. Piedad, AIF, General Manager/President, the said motion is hereby granted....
Promulgated on 2005-08-01

538. CA GR CV 84325: Robert B. Portillo vs Maria Teresa Padua-Portillo
For failure of the petitioner-appellant to file his appellant's brief within the reglementary period despite notice, the appeal is declared ABANDONED and hereby DISMISSED, pursuant to Section 1(e), Rule 50 of the 1997 Rules of Civil Procedure....
Promulgated on 2005-08-01

539. CA GR CR 26150: THE PEOPLE OF THE PHILIPPINES vs. IRINEO R. VALDEZ
After perusing the motion for reconsideration filed by the appellant, and finding nothing new or persuasive by which we should modify, least of all reverse, our decision of May 31, 2005, we DENY the motion for reconsideration for lack of merit, without...
Promulgated on 2005-08-01

540. CA GR SP 80590: JOSEPH QUINTOS, et al. vs. HON. DOLORES L. ESPANOL, et al.
The motion for reconsideration of the respondents is DENIED for lack of merit considering that all the grounds and arguments raised therein were fully dealt with and determined in the decision of March 30, 2005....
Promulgated on 2005-08-01




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