Promulgated Decisions and Resolutions
for September, 2005
The electronic content in this web site may contain computer-generated errors or other deviations from the official printed documents. In case of discrepancies between the official print and electronic versions, the official print version prevails. Certified copies of the official documents may be requested from the Court of Appeals.

1. CA GR CV 61674: ROMAN SALVADOR and FILOMENA BRAVO vs. MARIA LOURDES TAMANI, ET AL.
This is an appeal from the Decision, dated July 28, 1998, rendered by the Regional Trial Court, Branch 29, Bayombong, Nueva Vizcaya, in Civil Case No. 5252...
Promulgated on 2005-09-30

2. CA GR CV 81248: REXY V. FRIEDLANDER, vs GENESIS Q. FRIEDLANDER, et al
There being no Appellant's Brief filed by petitioner-appellant as of July 28, 2005, per report1 by the Judicial Records Division, despite receipt2 by counsel for petitioner-appellant of the Notice to File Brief on July 3, 2004 requiring the latter to f...
Promulgated on 2005-09-30

3. CA GR CV 82793: READYCON TRADING AND CONSTRUCTION CORPORATION VS FRANCIS ENRICO GUTIERREZ
Before us is an appeal from the decision of the Regional Trial Court (RTC), Branch 263 of Pasig City, dated January 29, 2004,...
Promulgated on 2005-09-30

4. CA GR SP 87066: HEIRS OF ARTURO REYES, vs ELENA SOCCO-BELTRAN,
The petitioners? failure to reply on the respondent?s comment is deemed a waiver on the part of the former to file the same. Finding the petition to be sufficient in form and substance, the same is hereby given due course pursuant to Section 10, Rule 4...
Promulgated on 2005-09-30

5. CA GR SP 87922: JOSE GERARDO M. SANCHEZ, vs ALOYSIUS S. FORTUNA et al
On the basis of the petition and such other pleadings or documents filed by the parties, this Court finds the petition to be sufficient in form and substance and hereby gives due course thereto pursuant to Section 10, Rule 43 of the Revised Rules of Co...
Promulgated on 2005-09-30

6. CA GR SP 80797: ALFREDO P. GREGORIO VS. SSS
In this petition for review, the petitioner, a retired nursing aide of the Central Azucarera de Tarlac, seeks the reversal of the decision of the Employees Compensation Commission affirming the denial by the Social Security Commission of his claim for...
Promulgated on 2005-09-30

7. CA GR SP 85779: ROBERTO MARIANO VS. AMELIA T. MANALAC, ET. AL.
On 27 September 2002, respondents Manalac and Gonzales sued petitioner Mariano for ejectment before the Metropolitan Trial Court of Manila, Branch 30 for failing to pay rent and refusing to vacate the leased premises upon expiration of their verbal lea...
Promulgated on 2005-09-30

8. CA GR SP 89883: ARTEMIO GASCON, vs MANUELA VALDEZ et al
The petitioner?s failure to reply on the respondents? comment is deemed a waiver on the part of the former to file the same. Finding the petition to be sufficient in form and substance, the same is hereby given due course pursuant to Section 10, Rule 4...
Promulgated on 2005-09-30

9. CA GR SP 90780: ROGELIO T. BASTINEN, vs JONARD T. AKOL,
This pertains to the Petition for Review under Rule 43 of the 1997 Rules of Court filed by petitioner through counsel on 05 August 2005. (Rollo, p. 10). Without necessarily giving due course to the instant petition, the respondent is hereby directed t...
Promulgated on 2005-09-30

10. CA GR SP 78426: COMMISSIONER OF INTERNAL REVENUE VS ISABELA CULTURAL CORPORATION
In this petition for review, the petitioner seeks the reversal of the decision dated February 26, 2003 of the Court of Tax Appeals (CTA) which cancelled and set aside Assessment Notice No. FAS-1-86-90-000680 for deficiency income tax in the amount of...
Promulgated on 2005-09-30

11. CA GR CV 81406: Janette Salinas-Lacuata vs. Noel Vasquez-Lacuata ; R.P.
Before Us is an appeal from the June 26, 2003 Decision of the Regional Trial Court (RTC) of Baguio City - Branch 4 in Summary Proc. Case No. 1221-R, the dispositive portion of which reads: "WHEREFORE, pursuant to paragraph 2, Article 41 of the Family...
Promulgated on 2005-09-30

12. CA GR SP 58483: ROMEO GONZALEZ, ET. AL. VS. SIERRA MADRE TRANSIT, ET. AL.
The social justice provisions one finds in the Constitution and the Labor Code seek to even out the gross inequality between labor and management. In the interest of protecting the common laborer who does not only have less in life but is less able to p...
Promulgated on 2005-09-30

13. CA GR SP 89273: CSI WAREHOUSE CLUB, INCORPORATED, vs NATIONAL LABOR RELATIONS
Before this Court is a Petition for Certiorari1 of the Decision2 dated November 20, 2003 of the National Labor Relations Commission (NLRC) which modified the appealed Decision3 of the Labor Arbiter as well as the Order4 dated December 28, 2004 denying...
Promulgated on 2005-09-30

14. CA GR SP 84887: BANK OF THE PHILIPPINE ISLANDS, vs DEMETRIO B. MACAPAGAL, et al
Impugned in this petition are the two (2) issuances of respondent Judge, namely: (1) Resolution dated January 5, 2004 denying petitioner?s motion to proceed with the foreclosure of private respondent?s mortgaged property and the auction sale thereof;1...
Promulgated on 2005-09-30

15. CA GR CV 61003: PINAGBUKLOD NA SAMAHAN SA GARCIA HEIGHTS, INC., ET. AL. VS. LUZON DEVELOPMENT BANK
At bench is an appeal from the Order dated July 31, 1998 issued by the Regional Trial Court of Quezon City, Branch 104, dismissing the complaint docketed as Civil Case No. Q-96-29369...
Promulgated on 2005-09-30

16. CA GR CV 64829: SPOUSES TIMOTEO WYCOCO and BEATRIZ C. WYCOCO VS FOURLEAF FUNDLENDING AND DEVELOPMENT CORP, ET AL
This is an appeal from the Decision, dated January 29, 1998, rendered by the Regional Trial Court, Branch 23, Cabanatuan City, in Civil Case No. 1929(AF), the dispositive portion of which reads:...
Promulgated on 2005-09-30

17. CA GR SP 60876: ROYAL CRUISE LINES, ET. AL. VS. N.L.R.C. AND EDUARDO V. CONTRERAS
Before this Court is a petition for certiorari under Rule 65 of the Revised Rules of Court seeking the reversal of the Resolution rendered by the National Labor Relations Commission (NLRC) on 14 April 2000....
Promulgated on 2005-09-30

18. CA GR CV 62032: HEIRS OF TOMASA VELASQUEZ et al., vs HEIRS OF ESTEBAN VELASQUEZ, et al.,
Before us is the appeal by the defendants-appellants from the September 2, 1998 Decision1 of the Regional Trial Court ("RTC"), Branch 57, San Carlos City, Pangasinan in Civil Case No. SCC-1926....
Promulgated on 2005-09-30

19. CA GR SP 88138: HRS. OF ARMANDO PAGLINAWAN and MARIA VICTORIA PAGLINAWAN VS. HON. JUDGE FRANCHITO N. DIAMANTE,ET. AL
In this petition for certiorari under Rule 65 of the 1997 Rules of Civil Procedure, the petitioners seek a reversal of the Order dated June 17, 2004 of the Regional Trial Court of Pasig City, Branch 151, that suspended the trial and thereafter archived...
Promulgated on 2005-09-30

20. CA GR CV 81695: WILLIAM GATCHALIAN, ET. AL. VS. BANK OF AMERICA, NT and SA. and ANTONIO AGCAOILI
this appeal, William Gatchalian and the corporations of which he is the majority stockholder--Recovery Development Corporation, Rexlon Realty Group, Inc., and Novateknika Land Corporation, assail the May 13, 1998 and August 28, 2000 Orders1 of Branch 1...
Promulgated on 2005-09-30

21. CA GR CR 00429: PEOPLE OF THE PHILIPPINES VS. NOLANDO REPATULA Y ANTONIO
Appellant Nolando Repatula y Antonio was charged with violation of Section 5, Article II of Republic Act No. 9165 otherwise known as the Comprehensive Dangerous Drugs Act of 2002. He was found guilty and sentenced to suffer the penalty of life imprison...
Promulgated on 2005-09-30

22. CA GR SP 85556: ALEJANDRO CRUZHERRERA, vs. NATIONAL LABOR RELATIONS COMMISSION
On August 30, 2005, herein parties submitted to this Court a Joint Compromise Agreement, the terms and conditions of which are as follows:...
Promulgated on 2005-09-30

23. CA GR CV 84648: MILA E. JALANDONI and ANTONIO MV JALANDONI VS. ELISEO BAUTISTA, ET. AL.
This is an appeal from the decision dated December 17, 2004 of the Regional Trial Court of Makati City, Branch 57, in Civil Case No. 97-1156, entitled ?Mila E. Jalandoni and Antonio M.V. Jalandoni vs. Eliseo Bautista, et al.? for Cancellation of Titles...
Promulgated on 2005-09-30

24. CA GR CV 84245: ERNESTO GAMBALAN VS. AMELIA ICUSPIT, ET. AL.
This is an appeal from the Order1 dated October 11, 2004 of the Regional Trial Court of Batac, Ilocos Norte, Branch 18, dismissing plaintiff-appellant?s Complaint for Partition for failure of said plaintiff-appellant and his counsel to appear at the sc...
Promulgated on 2005-09-30

25. CA GR SP 89705: OSCAR POBLETE vs HONORABLE AURELIO ICASIANO,JR., et al.,
Before us for resolution is the Petition for Certiorari under Rule 65 of the Rules of Court filed by petitioner Oscar Poblete (?Poblete?). The petition seeks to nullify the following resolutions of the Regional Trial Court (?RTC?) Branch 23, Trece Mart...
Promulgated on 2005-09-30

26. CA GR CV 80219: VICENTE MACATINGRAO, JR., vs ROBERTO MABINI, et al
Appellant seeks redress before this Court from the adverse Decision1 dated July 7, 2003 of the Regional Trial Court, Branch 5, Legazpi City which dismissed his Civil Case No. 9906 for Quieting of Title and/or Annulment of Title....
Promulgated on 2005-09-30

27. CA GR CV 76844: REYNALDO R. MENDOZA, vs NENITA S. BENDO,
Oppositor Republic of the Philippines filed the present appeal from the Decision1 dated March 12, 2002, rendered by the Regional Trial Court, Branch XV, Naic, Cavite in a Petition2 for declaration of nullity of marriage docketed as Civil Case No. NC- ...
Promulgated on 2005-09-30

28. CA GR CV 82260: ROY B. CONTILLO vs CATALINA B. CONTILLO
SUBJECT of this appeal is the Decision of the Regional Trial Court (RTC) declaring respondent Catalina B. Contillo as presumptively dead in a summary judicial proceeding under Article 41 of the Family Code initiated by her husband, petitioner appellee ...
Promulgated on 2005-09-30

29. CA GR CV 83623: Joseph Philip Libatique vs, Maria Antonette Tumulak ; R.P.
Before Us is an appeal from the October 25, 2002 Decision of the Regional Trial Court (RTC) of La Trinidad, Benguet - Branch 9 in Civil Case No.02-F-1306, the dispositive portion of which reads: "WHEREFORE, the Court grants this petition and hereby an...
Promulgated on 2005-09-30

30. CA GR SP 83779: CASTRO C. DE JESUS, ET. AL. VS. RAFAEL D. GUERRERO III, ET. AL.
Settled is the rule that the Ombudsman?s exercise of his investigatory and prosecutory powers is not ordinarily interfered with by the courts without good and compelling reasons to indicate otherwise....
Promulgated on 2005-09-30

31. CA GR CV 82890: SPOUSES TIN SING CHAN y LEE & NANCY CHAN y TEH vs TRITRAN INCORPORATED & EDGARDO VILLANUEVA
Before this Court is an appeal from the decision1 dated January 20, 2004 of the Regional Trial Court, Fourth Judicial Region, Branch 55, Lucena City, in Civil Case No. 97-117...
Promulgated on 2005-09-30

32. CA GR CV 76388: MENELIA CHUA vs SPOUSES LEHNER AND LUDY et al.,
amended decision. This treats of the Motion For Reconsideration (Rollo, pp. 113-124) dated May 28, 2004 filed by plaintiff-appellant Menelia R. Chua (hereafter referred to as "MOVANT") seeking to annul the decision of this Court (Rollo, pp. 98-110) pro...
Promulgated on 2005-09-30

33. CA GR SP 85929: SPS. ENGRACIO T. CASTA?EDA, et al vs. PREMIERE DEVELOPMENT BANK, et al
Before the Court is a petition for certiorari under Rule 65, 1997 Rules of Civil Procedure assailing the trial court?s Decision dated June 30, 20042 in LRC Case No. 03-074 which granted the petition filed by private respondent Premiere Development Bank fo...
Promulgated on 2005-09-30

34. CA GR CV 78259: BD LONG SPAN BUILDERS CORPORATION vs R.S. AMPELOQUIO REALTY DEVELOPMENT INC.,
Finding the grounds in the plaintiff?appellee?s Motion for Reconsideration1 of this Court?s decision2 dated July 14, 2005 to be mere rehash or reiteration of the arguments raised in the appellee?s brief and, hence, were thoroughly passed upon and evalu...
Promulgated on 2005-09-30

35. CA GR CV 72468: HEIRS OF THE LATE ESTEBAN ESCALANTE, Sr., Escalante vs ANDRES PURA,
efore this Court is an appeal from the Decision1 dated March 26, 2001 of the Regional Trial Court, Fifth Judicial Region, Branch 54, Gubat, Sorsogon in Civil Case No. 15...
Promulgated on 2005-09-30

36. CA GR CR 00707: PEOPLE VS. JULIUS REJUSO y GILLAMA
Appellant Julius Rejuso appeals from the 25 February 1998 Decision of the Regional Trial Court of Bi￱an, Laguna, Branch 25, in Criminal Case No. 8255-B...
Promulgated on 2005-09-30

37. CA GR CV 82621: MARISSA SALUD vs. RENATO PINON
Before Us is an appeal from the decision of Branch 70 of the Regional Trial Court of Binangonan, Rizal in Civil Case No. 99-009, entitled "Marissa Salud vs. Renato Pinon", for Rescission of Contract, Sum of Money and Damages....
Promulgated on 2005-09-30

38. CA GR SP 87745: UNITED LUISITA WORKERS'UNIONLABOR ' NACUSIP vs OFFICE OF THEHON. SECRETARYOF THE (DOLE) et a .,
This is a petition (Rollo, pp. 2-37) for certiorari under Rule 65 of the Rules of Court seeking the reversal of the Orders dated October 7, 2004 (Annex "B"of Petition; Rollo, pp. 40-41), November 15, 2004 (Annex ?C?of Petition; Rollo, p. 42), and the R...
Promulgated on 2005-09-30

39. CA GR SP 91163: LUIS M. ERMITA?O, vs HON. ANTONIO M. ESTEVES et al.,
Without necessarily giving due course to the instant petition, the private respondents are hereby directed to file comment (not a motion to dismiss) on the petition within ten (10) days from receipt hereof. Likewise, petitioner may file a reply within...
Promulgated on 2005-09-30

40. CA GR CV 72723: NATIONAL POWER CORPORATION VS. SPS. FLORIMON V. ILETO and ROWENA NOLASCO, ET. AL.
In this action for eminent domain, the Office of the Solicitor General impugns a compromise agreement entered into by the National Power Corporation and the Heirs of Sofia Mangahas Vda. de Silva, for the use of the latter's property in the construction...
Promulgated on 2005-09-30

41. CA GR CV 79252: HEIRS OF TRANQUILINO E. AVANZADO, ET. AL. VS. ROSITA DYNING, ET. AL.
This is an appeal from the decision of the Regional Trial Court, Branch 32, San Pablo City, declaring the spouses Antonio and Oliva Dyning, and Marcelino and Rosita Dyning, to be the true owners of the disputed property, and ordering the Heirs of Tranq...
Promulgated on 2005-09-30

42. CA GR CV 83656: Betty Hembra vs. Alex Hembra ; R.P.
Before Us is an appeal from the June 3, 2004 Order of the Regional Trial Court (RTC) of Caloocan City - Branch 125 in SP Proc. No. C-2947, the dispositive portion of which reads: "WHEREFORE, judgment is hereby rendered declaring Alex Henbra as dead fo...
Promulgated on 2005-09-30

43. CA GR CV 26890: ROBERTO V. CELIS vs. V.L. SHIPYARD AND TUNA PRINCESS FISHING CORPORATION
The plaintiff appeals the decision dated February 9, 1990 of the Regional Trial Court (RTC), Branch 166, in Pasig, Metro Manila, disposing as follows:...
Promulgated on 2005-09-30

44. CA GR SP 87031: RONALD SANTILLAN VS PEOPLE OF THE PHILIPPINES, ET AL
It is not the designation of the offense in the Information that is controlling but the allegations therein which directly apprise the accused of the nature and cause of the accusation against him....
Promulgated on 2005-09-30

45. CA GR CV 82208: Lecena Dechavez vs. Rep. of the Phils.
This is an appeal from the June 5, 2003 Decision of the Municipal Circuit Trial Court (MCTC)*1, Alfonso, General Aguinaldo Alfonso, Cavite, in LRC Case No. 55-01, LRA Rec. No. 73563. It appears that on March 2, 2001, Lucena De Chavez filed the instant ...
Promulgated on 2005-09-30

46. CA GR CV 60319: SPS. ALFREDO and LETICIA A. ATIENZA vs. BANKO SILANGAN DEVELOPMENT BANK, et al.
The plaintiffs appeal the decision dated November 11, 1997 of the Regional Trial Court (RTC) of Batangas City, Branch 2, disposing thus:...
Promulgated on 2005-09-30

47. CA GR SP 83805: R & E TRANSPORT, INC. VS. N.L.R.C. and EDUARDO MANANSALA
Petitioner R&E Transport, Inc. is a domestic corporation that operates taxicabs under a boundary system, under which a driver pays P1,200 per day for the use of R&E?s taxicab. Respondent Eduardo Manansala has been a driver of R&E since 26 January 1989,...
Promulgated on 2005-09-30

48. CA GR CV 83112: SPOUSES LEOVIGILDO S. VEROY, et al. vs. METROPOLITAN BANK AND TRUST CO., et al.
This will resolve plaintiffs-appellants Motion For Reconsideration to our Resolution dated August 2, 2005, holding in abeyance the issuance of the Writ of Preliminary Injunction,...
Promulgated on 2005-09-30

49. CA GR SP 88257: LUZON HYDRO CORPORATION vs. HON. NEMESIO S. FELIX, et al.
This treats of (a) Petitioner's Motion To Clarify And Amend Dispositive Portion of Decision dated June 30, 2005, and (b) respondents Motion For Reconsideration dated July 15, 2005....
Promulgated on 2005-09-30

50. CA GR CV 81305: ABELARDO ARAMBURO, et al. vs. SPOUSES ROLANDO GUERINA and SATURNINA GUERINA
This is an appeal from the decision of the Regional Trial Court of Tabaco, Albay, Branch 18, in Civil Case No. T-1967, entitled "Abelardo Aramburo, et al. vs. Sps. Rolando Guerina and Saturnina Guerina," for Cancellation of Title, Reconveyance with Wri...
Promulgated on 2005-09-30

51. CA GR CV 81625: Philippine Radio Educational Information Center, Inc. vs. Rep. of the Phils.
Before Us is an appeal from the November 14, 2003 Decision of the Regional Trial Court (RTC) of Iba, Zambales, Branch 71, in LRC Case No. RTC-N-73-I. Records show that on June 21, 1999, the Philippine Radio Educational and Information Center, Inc. (he...
Promulgated on 2005-09-30

52. CA GR CV 81820: Laura Abata vs. Republic of the Philippines
Before Us is an appeal from the October 29, 2003 Order of the Regional Trial Court (RTC) of Calapan City, Oriental Mindoro, Branch 40, in Petition No. 02-923, which granted the petition for judicial reconstitution of Transfer Certificate of Title (TCT)...
Promulgated on 2005-09-30

53. CA GR SP 87062: SINGER FINANCE CORPORATION vs SPS. ALFONSO and MAGDALENA CASTANO
Finding no new matter of substance that would warrant the modification much less the reversal of the June 10, 2005 Decision1 of this Court, the Motion for Reconsideration2 filed by the respondents is hereby DENIED for lack of merit....
Promulgated on 2005-09-30

54. CA GR CR 00276: PEOPLE vs TERESITA ?MAE? DELOS SANTOS,
Appeal by writ of error from the Decision1 of the Regional Trial Court of Lingayen, Pangasinan, Branch 37, in Criminal Case No. L-5893, convicting the accused-appellant Teresita ?Mae? Delos Santos of the crime of Estafa under paragraph 2 (d) of Article...
Promulgated on 2005-09-30

55. CA GR CV 82640: HEIRS OF LUIS F. GENERAL, et al. vs GIRL SCOUTS OF THE PHILIPPINES, INC., et al.
BEFORE Us on appeal is the Decision of the Regional Trial Court (RTC) in Naga City revoking the donation of a parcel of land in favor of defendant-appellant Girl Scout of the Philippines (GSP) and ordering its return to the plaintiffs-appellees....
Promulgated on 2005-09-30

56. CA GR CV 65378: Sps. James R. Higgins and Melchorita R. Higgins vs. Republic of the Philippines
Before Us on Appeal is the February 24, 1999 Decision of the Regional Trial Court (RTC) of Dagupan City, Branch 44, allowing the adoption of minor child, Carmela Rosario Ubando, in favor of petitioners-appellees, spouses James R. Higgins and Melchorita...
Promulgated on 2005-09-30

57. CA GR SP 84319: Ralph Namel Adviento vs. Malabon City RTC Br.169 Judge Emmanuel D. Laurea, Thomas Joseph Mibolos, Jr
At bar is a petition for certiorari under Rule 65 of the Rules of Court questioning (1) the December 2, 2003 Order of public respondent in Criminal Case No. 28634-MN denying the Amended Information filed by the prosecution on the ground that the same c...
Promulgated on 2005-09-30

58. CA GR CV 66721: John Louie Mendoza Hatanaka (rep. by Cristina Mendoza) vs. Angeles Torio
On November 20, 1995, plaintiff and defendant (Vendee and Vendor, respectively), entered into a Contract to Sell over the latter's house and lot covered by Transfer Certificate of Title No. V-19898 with a lot area of 131 sq. m. located at Lot 1 Blk. 2,...
Promulgated on 2005-09-30

59. CA GR SP 84341: UNIPROM, INC. VS. ROSITA A. PANGILINAN, ET. AL.
Before this Court is a Petition for Certiorari with prayer for Temporary Restraining Order and/or Preliminary Injunction assailing the Resolution (Rollo, pp. 22-27) of the National Labor Relations Commission (NLRC) dated September 30, 2003 in NLRC Case No...
Promulgated on 2005-09-30

60. CA GR CV 66686: Alexander Ampaguey, Priscilla Divindo, Virginia Martin vs. Jimmy Canuto
At bar is an appeal from the December 10, 1999 Decision of the Regional Trial Court, Branch 8, La Trinidad, Benguet, adjudging defendant-appellant Jimmy Canuto (Canuto) to have encroached a portion of a land owned by plaintiffs-appellees Ampagueys (Am...
Promulgated on 2005-09-30

61. CA GR SP 86369: AURELIO MELCHOR, ET AL., vs. AUGUSTO SYYAP, et. al.
Assailed in this petition for review is the Decision of the Regional Trial Court, Branch 30, Cabanatuan City dated February 24, 2004 which affirmed in toto the Decision of the Municipal Trial Court in Cities, Branch 3, Cabanatuan City dated December 20...
Promulgated on 2005-09-30

62. CA GR CV 74362: JULIETA R. AGDA, vs ROGELIO ADVIENTO,
Before Us, by ordinary appeal, is plaintiff-appellant Julieta R. Agda (?appellant?), seeking the reversal of the Decision1 dated October 2, 2001 rendered by Regional Trial Court , Branch 99, Quezon City, in Civil Case No. Q-91-10349 for rescission and ...
Promulgated on 2005-09-30

63. CA GR SP 84629: HILARIO ALDERITE, ET AL. VS. HONORABLE SECRETARY OF THE D E N R, ET AL.
Finding the petition to be sufficient in form and substance, the same is hereby given due course pursuant to Section 10, Rule 43 of the Revised Rules of Court. ...
Promulgated on 2005-09-30

64. CA GR CV 77365: ALIPIO DE OCERA, et. al., vs SPS. JOSE AND CANDELARIA GUEVARRA
Before Us is an appeal interposed by the plaintiffs from the Decision dated October 31, 2001 of the Regional Trial Court, Branch 57, of Angeles City in Civil Case No. 8574, dismissing the Complaint instituted by the plaintiffs for Annulment of Deed of...
Promulgated on 2005-09-30

65. CA GR CV 50320: JUAN P. GERENA, vs ELENA GUGUTAN, et al
This is an appeal from the Decision1 dated March 28, 1995 of the Regional Trial Court, Branch 17, Ilagan, Isabela (?trial court?) which granted appellee?s Complaint for Quieting of Title, Recovery of Possession and Damages...
Promulgated on 2005-09-30

66. CA GR CV 65563: SPOUSES EDUARDO NERVEZ, et al vs. SPOUSES EDGARDO DE JESUS, et al
Assailed in this appeal is the Decision dated September 2, 1999 of Branch 163, Regional Trial Court, Pasig City in Civil Case No. 64709, involving a complaint for ?Specific Performance or Restitution and Breach of Contract and Damages? which the trial cou...
Promulgated on 2005-09-30

67. CA GR SP 76272: EUGENE SEVILLA UY vs THE HON. REGIONAL TRIAL COURT, Branch 61, Gumaca, Quezon, et al.
THIS case demonstrates that a suit for forcible entry filed by a lessee can prosper even against the lessor. However, the damages recoverable are limited only to rents or reasonable compensation for the use and occupation of the property....
Promulgated on 2005-09-30

68. CA GR CR 28914: THE PEOPLE OF THE PHILIPPINES vs KAUNLARAN TRUCK BODY BUILDER CORPORATION, et al.
THIS is an appeal from the Decision1 of the Regional Trial Court (RTC) citing appellants for indirect contempt of court and ordering them, among others, to pay a fine of P30,000.00 each.....
Promulgated on 2005-09-30

69. CA GR SP 76933: CARIDAD FUENTES CABARDO, et al. vs MUNICIPALITY OF BINANGONAN, RIZAL, et al.
Before this Court is a Petition for Review dated 04 May 2003 filed under Rule 42 of the 1997 Rules of Civil Procedure assailing the Decision dated 13 November 2002 and Order dated 26 March 2003 of the Regional Trial Court of Binangonan, Rizal, Fourth J...
Promulgated on 2005-09-30

70. CA GR CV 79531: LINA F. SANTIAGO, et al. vs The REGIONAL EXECUTIVE DIRECTOR OF REGION III, et al.
BROUGHT to Us on appeal is an Order dismissing a counterclaim interposed by respondent-appellant Estrellita Villanueva against petitioners-appellees Lina F. Santiago, Rolando F. Santiago, Willie F. Santiago, Eddie F. Santiago and Marilou S. Bumagat....
Promulgated on 2005-09-30

71. CA GR CV 82403: FERNANDO M. ALORRO vs RAQUEL N. ALORRO, et al.
BROUGHT to the fore is the Decision of the Regional Trial Court (RTC) dismissing the action for declaration of nullity of marriage under Article 36 of the Family Code initiated by petitioner-appellant Fernando M. Alorro against respondent Raquel N. Alo...
Promulgated on 2005-09-30

72. CA GR SP 75243: MANILA FIRE DISTRICT BROTHERHOOD ASSOCIATION, INC. vs CIVIL SERVICE COMMISSION
ASSAILED in this petition for review are the following resolutions of respondent Civil Service Commission:...
Promulgated on 2005-09-30

73. CA GR CV 71493: COUNTRY EXPORT (PHIL.), INC. vs JAGDISH (JACK) SINGH, et al
In this appeal, defendants-appellants John Arabpour and UOcean, Inc. seek the reversal of the Decision1 dated December 15, 2000 of the Regional Trial Court, Branch 160, City of Pasig in an action filed by plaintiff-appellee Country Export for sum of m...
Promulgated on 2005-09-30

74. CA GR SP 83700: PEOPLE OF THE PHILIPPINES and NBI-RAID VS. RENATO DE LA TORRE CALUGDAN, ET. AL.
Challenged before Us through the instant petition for certiorari under Rule 65 of the Rules of Court is the Order dated January 20, 2004 of the Regional Trial Court of Imus, Cavite, Branch 21, in Criminal Case No. 10825-03 which granted the Demurrer to E...
Promulgated on 2005-09-30

75. CA GR CV 67499: VISAYAN SURETY & INSURANCE CORPORATION, vs ESTATE OF CHOI CHEE TIN, et al
This is an appeal from the Decision1 dated April 28, 2000 rendered by the Regional Trial Court, Branch V, City of Manila in an action for sum of money docketed as Civil Case No. 90-52142, disposing the case,...
Promulgated on 2005-09-30

76. CA GR SP 89944: SPOUSES ANGELITA MORALES, et al vs. REGIONAL TRIAL COURT OF MAKATI BRANCH 63
Assailed in the present petition for certiorari with prohibition under Rule 65, 1997 Rules of Civil Procedure is the writ of possession dated September 11, 2002 issued by Branch 63, Regional Trial Court, Makati City in LRC Case No. M-4118 pursuant...
Promulgated on 2005-09-30

77. CA GR CR 29391: PEOPLE VS. MARLON PERIDA
The right to appeal is neither a natural right nor a part of due process. The party who seeks to avail of the same must comply with the requirements of the rules, failing to do so the right of appeal is lost....
Promulgated on 2005-09-30

78. CA GR SP 90204: FERDIE J. DELA CRUZ, et al vs. NATIONAL LABOR RELATIONS COMMISSION
The action of an administrative agency may be disturbed or set aside by the Judicial Department if there is an error of law, or an abuse of power or lack of jurisdiction or grave abuse of discretion (Arc-Men Food Industries Corp. vs. NLRC, 387 SCRA 56...
Promulgated on 2005-09-30

79. CA GR SP 89197: National Home Mortgage Finance Corp vs. Eduardo Tanguangco, Demetrio Villanueva, Ma. Lourdes Mendoza
This is a petition for the annulment of the June 28, 2000 Decision of the public respondent, Hon. Eduardo Israel Tanguanco, of the Regional Trial Court of Bacoor, Cavite, Branch 89, in Civil Case No. B- 97-90, entitled "Maria Lourdes Mendoza v. Nationa...
Promulgated on 2005-09-30

80. CA GR SP 84676: CLARA F. MARQUEZ vs. NLRC, et al.
Before Us is a Petition for Certiorari in accordance with Rule 65 of the 1997 Rules of Civil Procedure in an attempt to annul and set aside, on ground of grave abuse of discretion amounting to lack or excess of jurisdiction,...
Promulgated on 2005-09-30

81. CA GR SP 58426: VILLA MANILA CERAMICS, ET. AL. VS. RODROD FUENTES, ET. AL.
Before this Court is a Petition for Certiorari with prayer for temporary restraining order and/or writ of preliminary injunction under Rule 65 of the Rules of Court which seeks to annul and set aside the Order2 dated February 15, 2000 of the Department...
Promulgated on 2005-09-30

82. CA GR CR 28811: PEOPLE OF THE PHILIPPINES, vs CORAZON DE JESUS,
On appeal is the Decision1 finding appellant Corazon De Jesus guilty of Qualified Theft defined and penalized under the Revised Penal Code, as amended....
Promulgated on 2005-09-30

83. CA GR SP 83026: NATIONAL HOUSING AUTHORITY VS. HONORABLE JUDGE DEMETRIO B. MACAPAGAL, ET AL.
This is a Petition for Certiorari under Rule 65 of the revised Rules of Civil Procedure seeking to annul and set aside the Orders, dated November 18, 2003, and February 16, 2004 of the Regional Trial Court of Quezon City, Branch 79, with a prayer to re...
Promulgated on 2005-09-30

84. CA GR SP 58741: QUEENSLAND - TOKYO COMMODITIES, INC., ET. AL. VS. THOMAS GEORGE
Before this Court is a Petition for Review under Rule 43 of the Rules of Court of the Decision2 dated February 7, 2000 of the Securities and Exchange Commission (SEC) in SEC CASE NO. 02-98-5886 and the Order3 dated April 11, 2000 of the SEC en banc dis...
Promulgated on 2005-09-30

85. CA GR SP 80066: ANA MARIA V. ILAO VS. AIM BUILDING OPERATORS,INC., NLRC, ET. AL.
Before this Court is a Petition for Certiorari under Rule 65 of the Rules of Court which seeks to reverse and set aside the Resolution1 dated May 30, 2003 issued by the National Labor Relations Commission (NLRC), Third Division, in NLRC Case No. 30-04...
Promulgated on 2005-09-30

86. CA GR SP 90818: ROGELIO INCIONG vs NATIONAL HOME MORTGAGE CORPORATION, et al.,
Before this Court is the Petition, under Rule 47 of the Rules of Court, filed by Rogelio Inciong ("Inciong"), seeking the annulment of the Order dated June 1, 2005 of Presiding Judge Vivencio S. Baclig ("Judge Baclig") of Branch 77 of the Regional Tria...
Promulgated on 2005-09-30

87. CA GR SP 86661: GOLDHILL TOWER CONDOMINIUM CORP. VS. HON. JUDGE ALFREDO C. FLORES, ET. AL.
Challenged in this Petition for Certiorari are the Orders dated 20 September 2004 and 29 September 2004 of the Regional Trial Court of Pasig City, Branch 167...
Promulgated on 2005-09-30

88. CA GR SP 88804: SHIH CHIU HUANG a.k.a.JAMES SHIH vs.HONORABLE JUDGE, et al
While it is well-settled that a judicial compromise has the effect of res judicata and is immediately executory and not appealable, it may be set aside on the ground of mistake, fraud, violence,...
Promulgated on 2005-09-30

89. CA GR CV 78760: ARTHUS C. BAUZON, ET. AL. VS. REPUBLIC OF THE PHILIPPINES
This is an appeal interposed by the Republic of the Philippines through the Office of the Solicitor General (OSG) seeking to reverse and set aside the Decision dated 10 January 2003 of the Regional Trial Court (RTC) of Urdaneta City, Pangasinan...
Promulgated on 2005-09-30

90. CA GR CV 67982: JUAN C. FILLER, et al vs. CESAR S. GUTIERREZ, et al
Before the Court is an appeal from the Decision dated May 25, 2000 in Civil Case No. 63595 of Branch 161, Regional Trial Court, Pasig City which ordered the: (i) cancellation of the annotation under Entry No. 1949 in Transfer Certificate of Title (TCT) No...
Promulgated on 2005-09-30

91. CA GR CV 66010: Benjamin Peconcillo vs. Republic of the Phils., Camarines Sur State Agricultural College (CSSAC)
Challenged in this appeal is the September 28, 1999 Decision of the Regional Trial Court, Branch 31, Pili, Camarines Sur, in LRC Case No. P-106 denying the application for registration of title over a 630,328 square meter land situated in Sitio Caboclo...
Promulgated on 2005-09-30

92. CA GR CV 75830: FRANCISCO BUSANIA, vs EDENALYN CANIZOBUSANIA, vs
On appeal is the Decision dated May 3, 2002 of the Regional Trial Court, Branch 45, Occidental Mindoro which granted the petition for declaration of nullity of marriage filed by petitioner-appellee Francisco Busania against respondent Edenalyn Canizo-...
Promulgated on 2005-09-30

93. CA GR CR 00181: PEOPLE OF THE PHILIPPINES, vs MOHAMMAD ANWAR et al
There being no compliance from accused-appellant and his counsel despite receipt1 of the Resolution2 dated June 6, 2005, directing them to show cause why the appeal should not be dismissed for failure to file the Appellant?s Brief within the reglement...
Promulgated on 2005-09-30

94. CA GR SP 62521: CUL TRANSPORT CORPORATION, ET AL. VS. NLRC, ET AL.
This is a Petition for Certiorari under Rule 65 of the revised Rules of Civil Procedure assailing the following issuances of the National Labor Relations Commission [NLRC for brevity], to wit: (a) The Resolution [Rollo, pp.21-33], dated April 28, 2000, ...
Promulgated on 2005-09-30

95. CA GR CV 83386: CORAZON LIMPINGCO, ET. AL. VS. MARIO P. LOPEZ, ET. AL.
The right to appeal is neither a natural right nor a part of due process. The party who seeks to avail of the same must comply with the requirements of the rules, failing to do the right to appeal is lost....
Promulgated on 2005-09-30

96. CA GR CV 75870: CREDIT POST, INC., formerly CAASS LENDING,INC vs ELISEO V. LIM et al
Invoking Rule 41 of the 1997 Rules of Civil Procedure, appellant comes to this Court, challenging the Decision1 dated May 8, 2002 of the Regional Trial Court, Branch 135, Makati City in Civil Case No. 00-186 for Sum of Money,...
Promulgated on 2005-09-30

97. CA GR CR 00240: PEOPLE OF THE PHILIPPINES vs. LEONARD L. BERNARDINO alias ONAT
This is an appeal from the Decision of the Regional Trial Court of Angeles City, Branch 56, dated August 18, 1999, finding the accused-appellant Leonard Bernardino alias Onat guilty beyond reasonable doubt of the crime of violation of Sections 15 and 1...
Promulgated on 2005-09-30

98. CA GR CV 65216: THE DIRECTOR OF LANDS vs. AUGUSTO LUANCING, et al.
On appeal is the Decision dated 1 September 1999 of the Regional Trial Court, Branch 12, Lipa City, the dispositive portion of which reads, viz:...
Promulgated on 2005-09-29

99. CA GR CV 83174: UNITED COCONUT PLANTERSBANK, vs JOAQUIN MITRA AND CECILIAMITRA,
Sought to be overturned in this appeal are: (1) The Order dated May 15, 20031 of the Regional Trial Court of Makati City, Branch 136, dismissing the case against defendant-appellee Cecilia B. Mitra; and (2) Its Order dated August 17, 20042 denying plai...
Promulgated on 2005-09-29

100. CA GR CR 27059: People of the Phils. vs. Tito Maulawin
This is an appeal from the decision of the Regional Trial Court of Calauag, Quezon in Criminal Case No. 2291-C finding accused-appellant Tito Maulawin guilty beyond reasonable doubt of the crime of homicide. On January 12, 1993, accused-appellant was...
Promulgated on 2005-09-29

101. CA GR CV 84685: SPS. ANGELES P. BALLATAN, et al. vs. REPUBLIC OF THE PHILIPPINES
Considering that oppositor-appellant's "MOTION TO WITHDRAW APPEAL", viz:...
Promulgated on 2005-09-29

102. CA GR SP 90292: Corazon Davis vs. CSC Chairman Karina Constantino-David, Cesar Buenaflor, Waldemar Valmores, et al
In this Petition for Review under Rule 43 of the Revised Rules of Court with prayer for the issuance of a Temporary Restraining Order and/or Writ of Preliminary Injunction, petitioner Corazon C. Davis, incumbent Regional Executive Director of the Depar...
Promulgated on 2005-09-29

103. CA GR SP 84446: ARMED FORCES AND POLICE MUTUAL BENEFIT ASSOCIATION INC. vs. HON. PERFECTO E. PE
Before this Court is the Petition for Certiorari with Prayer for Injunctive Relief filed by petitioner on the Orders of public respondent Judge Perfecto E. Pe,...
Promulgated on 2005-09-29

104. CA GR CV 84960: MIKE R. SAGUN VS. THE LOCAL CIVIL REGISTRAR OF SAN CLEMENTE, TARLAC, REPUBLIC OF THE PHILIPPINES
For resolution is the oppositor-appellant's Motion to Withdraw Appeal filed on August 26, 2005 through the Office of the Solicitor General (OSG)....
Promulgated on 2005-09-29

105. CA GR CR 29323: PEOPLE OF THE PHILIPPINES VS IMELDA BALANO y CURA
In view of the report that a warrant of arrest issued against the accused-appellant remains unserved; that he has discharged his counsel of record, and he has not filed his appellant's brief within the reglementary period, let this appeal be DISMISSED...
Promulgated on 2005-09-29

106. CA GR CV 83035: EDUARDO G. JOVERO et al., vs UY KHIEK PENG
This is an appeal under Rule 41 of the 1997 Rules of Civil Procedure, as amended, from the Decision dated October 14, 2003, rendered by the Regional Trial Court (hereafter RTC), Branch 61, Makati City, in Civil Case No. 99-1409 for Collection and Damag...
Promulgated on 2005-09-29

107. CA GR SP 88080: JOSELITO B. BAUTISTA, vs. THE HONORABLE ELIHU A. YBA￯﾿ᄑEZ, et al
This is a Petition for Certiorari and Prohibition under Rule 65 of the Rules of Court filed by petitioner assailing the Order dated December 7, 2004 of respondent Judge Elihu A. Yba￯﾿ᄑez denying his Motion To Quash, in connection with Crim. Case...
Promulgated on 2005-09-29

108. CA GR CV 82046: Bolinao Security & Investigation Service, Inc. vs. US Embassy Diplomatic Mission, Victor E. Manley,
This is an appeal from the Order dated February 26, 2002 of the Regional Trial Court of Manila, Branch 8 dismissing the complaint in Civil Case No. 99-92242 against the defendants Embassy of the United States of America, its contracting officer for gen...
Promulgated on 2005-09-29

109. CA GR CV 79811: Donald & Erlinda Ducos vs. Adelfo Del Rosario, Juanita R. Quinsay, Virginia R. Mora, et al.
This is an appeal from the Decision dated July 14, 2003 of the Regional Trial Court of Iba, Zambales, Branch 69 dismissing Civil Case No. RTC 1907-I. The facts are as follows: Plaintiff Erlinda Ducos is the surviving spouse of Dominador R. Ducos, the ...
Promulgated on 2005-09-29

110. CA GR CR 01203: People vs. Pangandongan Irga Mama
This is an appeal from the Decision dated October 16, 2001 of the Regional Trial Court of Pasay City, Branch 116, in Criminal Case No. 00-1226 finding accused-appellant guilty beyond reasonable doubt of violating Section 16, Article III of R.A. 6425 (D...
Promulgated on 2005-09-29

111. CA GR SP 84958: JERPHI OVERSEAS PLACEMENT AND TRADING CORPORATION, et al, vs. REGIONAL TRIAL COURT OF MANILA, et al
Upped for resolution is the Petition for Certiorari under Rule 65 of the Rules of Court seeking the nullification of the Order dated January 23, 2004 of the RTC of Manila, Branch 46, in Civil Case No. 03-108313 directing the parties to submit their nom...
Promulgated on 2005-09-29

112. CA GR CV UDK 2475: ROYCE MOTOR CENTER, INC. vs. SPS. MODESTO AND JOYCE ESCANO
For failure of defendants-appellants to pay the required docket and other lawful fees as per report of the Judicial Records Division, the instant appeal is hereby DISMISSED pursuant to Section l (e), Rule 50 of the 1997 Rules of Civil Procedure, as amen...
Promulgated on 2005-09-29

113. CA GR SP 91315: VIVINA DE GUZMAN vs. THE HONORABLE NATIONAL LABOR RELATIONS COMMISSION
The instant "PETITION FOR CERTIORARI" is outrightly DISMISSED for being insufficient in form....
Promulgated on 2005-09-29

114. CA GR SP 61582: ADOLFO GONZALES VS HON. JUDGE OF RTC, BR 69, IBA ZAMBALES, ET AL
Before Us is a Petition for Certiorari (with Prohibition and Mandamus) filed under Rule 65 of the revised Rules of Civil Procedure seeking to nullify and set-aside the Order [Rollo, pp. 43-52], dated July 6, 2000, of the Regional Trial Court, Branch 69...
Promulgated on 2005-09-29

115. CA GR SP 89615: SANDIGAN NG KAWANI-FILIPINO(SA GLAXOSMITHKLINE), ET. AL. VS. N. L. R. C., ET. AL.
The Court resolves to DISMISS herein Petition for Certiorari filed by the petitioner-union for failure to comply with the Court's resolutions dated 25 May 2005 and 05 August 2005 requiring them to submit a copy of a Board Resolution authorizing Rainier d...
Promulgated on 2005-09-29

116. CA GR SP 85089: SAMAHAN NG MGA MANGGAGAWA SA ARCO METAL-NAFLUSAMARM-NAFLU) VS. ARCO METAL PRODUCTS, CO.,INC., ET. AL
Before us is a Petition for Review under Rule 43 of the Revised Rules of Court assailing the Decision (Rollo, pp. 23-28A) dated June 18, 2004 of Voluntary Arbitrator Apron M. Mangabat in NCMB-NCR Case No. PM 12-345-03 entitled ?Samahan ng mga Manggagawa s...
Promulgated on 2005-09-29

117. CA GR SP 89295: Rural Bank of Mapandan, Inc. vs. NLRC, Elisea G. Tamondong
The present petition seeks to reverse and set aside the Decision dated November 28, 2003 of the National Labor Relations Commission (NLRC) affirming the decision dated August 7, 2002 of the Labor Arbiter which declared the petitioner guilty of illegal...
Promulgated on 2005-09-29

118. CA GR SP 90568: HEIRS OF AVELINA GARANA vs. THE HON. VIRGILIO C. ALPAJORA, et al.
Finding petitioners' allegations in their "MOTION TO WITHDRAW PETITION" that:...
Promulgated on 2005-09-29

119. CA GR CV 80730: ANTONIO ZACATE BALTAZAR vs SPOUSES BENEDICTO R. DIEGO et al.,
Plaintiff-appellant seeks reconsideration of Our Decision dated February 28, 2005 which modified the decision of the RTC by denying the counterclaim of Sps. Benedicto and Clarita Diego and deleting the award of attorney?s fees....
Promulgated on 2005-09-29

120. CA GR CV 81629: POMPEIA YU TRINIDAD et al., vs CATALINA Y. MANDAP,
For resolution is the Motion for Reconsideration filed by defendantappellant to Our Resolution dated April 19, 2005, dismissing the appeal pursuant to Section 1(e) and (f) of Rule 50 of the 1997 Rules of Civil Procedures, as amended....
Promulgated on 2005-09-29

121. CA GR CV 80666: FELIPA A. ANASTACIO vs. HERMINIO BUTAY
At the "completion of records" stage of this case, plaintiff-appellee, in her "MOTION TO DISMISS APPEAL" dated 26 January 2005, alleged inter alia:...
Promulgated on 2005-09-29

122. CA GR SP 82435: PHILIPPINE NATIONAL BANK substituted by TRANCHE 1 (SPVAMC),INC., vs RINA PARAYNO LIM, et al.,
This is a Petition for Review under Rule 43 of the 1997 Rules of Civil Procedure, as amended which seeks the reversal of the Decision and Order dated June 18, 2003 and February 10, 2004 issued by the Office of the President of the Philippines (hereafte...
Promulgated on 2005-09-29

123. CA GR SP 84700: RAYCOR AIR CONTROLSYSTEMS, INCORPORATED, vs NATIONAL LABOR RELATIONS COMMISSION (2nd Division),et al
Petitioner seeks reconsideration of Our Decision dated February 14, 2005 which dismissed the petition and affirmed the resolutions issued by the National Labor Relations Commission....
Promulgated on 2005-09-29

124. CA GR CR 29119: PEOPLE OF THE PHILIPPINES,PROVINCIAL PROSECUTOR FERDINAND D. ORIAS VS. MICHELLE VIRGO Y VERA
Submitted for resolution is the Motion to Withdraw Appeal of the Office of the Solicitor General (OSG) dated 01 August 2005....
Promulgated on 2005-09-29

125. CA GR CV 81432: Genevieve Osorio, et al. vs. Associated Marine officers', Seamen's Union of the Philippines
This is an appeal from the Order dated November 27, 2003 of the Regional Trial Court of Imus, Cavite, Branch 20 in Civil Case No. 2901-03 granting the defendant's motion to dismiss on the ground of violation of Sections 4 and 5, Rule 7 of the 1997 Rule...
Promulgated on 2005-09-29

126. CA GR CR 00976: PEOPLE OF THE PHILIPPINES VS ERLINDA DELA CRUZ-RODRIGUEZ y SEVENCRUZ, ET AL
Before Us on appeal is the Decision, dated September 14, 1999, of the Regional Trial Court, Branch 109, Pasay City, in Criminal Case No. 98- 0507, finding Erlinda dela Cruz-Rodriguez y Sevencruz and Emma Asedillo y Jabonette guilty beyond reasonable do...
Promulgated on 2005-09-29

127. CA GR SP 85636: ORLANDO A. RAYOS, et. al. VS HON. CONCEPCION S. ALARCON-VERGARA, et. al.
The present petition for certiorari under Rule 65 of the Revised Rules of Court seeks to nullify the July 30, 2004 order of the public respondent Presiding Judge of the Regional Trial Court of Manila, Branch 49,...
Promulgated on 2005-09-29

128. CA GR SP 89462: EQUITABLE PCI BANK, INC. vs. HON. ALFREDO C. FLORES, et al.
Where the issue or question involved affects the wisdom or legal soundness of the decision - not the jurisdiction of the court to render said decision - the same is beyond...
Promulgated on 2005-09-29

129. CA GR SP 79924: CYPRESS GARDENS CONDOMINIUM CORPORATION, vsGOLDCREST REALTY CORPORATION.
Before Us is a Petition for Review of the Decision of the Office of the President dated June 2, 2003 dismissing petitioner's appeal from the Decision of the Board of Commissioners of the Housing and Land Use Regulatory Board (HLURB), to wit:...
Promulgated on 2005-09-29

130. CA GR SP 75365: HONDA CARS PHILIPPINES, INC. VS. COMMISSIONER OF INTERNAL REVENUE
This is a Petition for Review under Rule 43 of the revised Rules of Civil Procedure, seeking a partial modification of the Decision [Rollo, pp.62-75] of the Court of Tax Appeals [CTA for brevity], dated September 12, 2002, in CTA Case No. 6028 and the...
Promulgated on 2005-09-29

131. CA GR CR 25939: PEOPLE vs LINA ONG GALANG,
This is an appeal filed from the Decision dated April 7, 1999 rendered by the Regional Trial Court, Branch 75, Valenzuela (hereafter RTC), in Criminal Case Nos. 2062-V-93 and 2063-V-93,...
Promulgated on 2005-09-29

132. CA GR CV 84111: REYNALDO S. CUENCA et al., vs REPUBLIC OF THEPHILIPPINES
This is an appeal from the Order, dated July 5, 2004, of the Regional Trial Court (RTC) of Bacoor, Cavite, Branch 89, rendered in LRC B-2003-03....
Promulgated on 2005-09-29

133. CA GR SP 73879: Virginia S. Dimacali, et al. vs. NLRC, et al.
Before Us is a Petition for Certiorari filed under Rule 65 of the revised Rules of Civil Procedure seeking to annul and set-aside the Resolution, promulgated on April 30, 2002, [Rollo, pp.63-71] by public respondent National Labor Relations Commission...
Promulgated on 2005-09-29

134. CA GR SP 84149: ALLIED BANKING CORP. vs. ARBITRATION COMMITTEE-PHILIPPINE CLEARING HOUSE CORPORATION, et. al
Before Us is a Motion for Reconsideration of Our July 28, 2005 Decision which denied the petition and affirmed the appealed decision of the Regional Trial Court of Makati, Branch 146....
Promulgated on 2005-09-29

135. CA GR SP 50505: TRADE UNIONS OF THE PHILS. AND ALLIED SERVICES VS. HON. SECRETARY OF LABOR AND EMPLOYMENT, ET AL.
This is a petition seeking a review of the Resolution [Rollo, pp.118- 122] of the Hon. Secretary of the Department of Labor and Employment [DOLE for brevity], dated December 24, 1998...
Promulgated on 2005-09-29

136. CA GR CR 00226: PEOPLE OF THE PHILIPPINES vs. CENEN QUIAMBAO y BRAGANZA, ET AL.
Before Us for review is the Decision, dated June 17, 1999, of the Regional Trial Court , Branch 219, Quezon City, in Criminal Case No. Q-97-70684, finding Cenen Quiambao guilty beyond reasonable doubt of violation of Section 15 of Republic Act No. 6425, a...
Promulgated on 2005-09-29

137. CA GR CV 83232: JUANA SANTIAGO-SISON vs ALBERTO SANTIAGO
On appeal is the Decision, dated January 7, 2004, Regional Trial Court (RTC) of Malolos, Bulacan, Branch 84, rendered in Civil Case No. 840-M-99....
Promulgated on 2005-09-29

138. CA GR SP 87961: INTERPACIFIC TRANSIT, INC., vs. NATIONAL LABOR RELATIONS COMMISSION
This is a petition for certiorari under Rule 65 of the Rules of Court with prayer for the issuance of temporary restraining order and writ of preliminary injunction seeking to annul and set aside the Decision of the National Labor Relations Commission...
Promulgated on 2005-09-29

139. CA GR CV 69449: MYRA D. DELA PASSION, vs. MARLIN D. VALMONTE, et al
This is an appeal from the Order dated July 26, 2000 of the Regional Trial Court Branch 81 of Malolos, Bulacan dismissing plaintiff-appellant's complaint for lack of jurisdiction....
Promulgated on 2005-09-29

140. CA GR CV 74405: SPOUSES ROMEO & SUSAN MONASTERIAL, et al, vs.PURIFICACION IMPERIAL, et al
Appealed to this Court is the Order dated July 5, 2001 of the RTC of Bulacan, Br. 17 in a complaint for annulment of title,reconveyance and damages docketed as Civil Case No. 117-M-2001 entitled, "Sps. Romeo and Susan Monasterial, et al., plaintiffsappe...
Promulgated on 2005-09-29

141. CA GR SP 80311: ARNEL L. TUGADE VS NATIONAL LABOR RELATIONS COMMISSION, et. al.
This petition for certiorari under Rule 65 of the 1997 Rules of Civil Procedure, as amended, assails the April 3, 2003 Resolution of the NLRC and the consequent denial of the Motion for Reconsideration filed in relation thereto on August 12, 2003 in NL...
Promulgated on 2005-09-29

142. CA GR SP 80918: LAND BANK OF THE PHILIPPINES VS HEIRS OF JUAN LOPEZ
Assailed in this petition for review under Rule 42 of the Revised Rules of Court, in relation to Section 601 of Republic Act No. 6657, otherwise known as the Comprehensive Agrarian Reform Law of 1988,...
Promulgated on 2005-09-29

143. CA GR SP 83840: EDUARDO G. MODESTO, et. al. VS HONORABLE JUDGE EDILBERTO CLARAVALL, et. al.
The instant action is a petition for certiorari and prohibition seeking to set aside the orders dated February 5, 2004 and March 8, 2004 of the public respondent which denied the petitioners' motion to dismiss the case a quo on the ground of res judica...
Promulgated on 2005-09-29

144. CA GR SP 84335: DANILO L. CONCEPCION VS THE HONORABLE DIONISIO C. SISON, et. al.
This is a petition for certiorari and prohibition with prayer for temporary restraining order and writ of preliminary injunction seeking to set aside the orders dated December 11, 2003...
Promulgated on 2005-09-29

145. CA GR CV 59590: NEW DAGUPAN METRO GAS CORPORATION VS PHILIPPINE CHARITY SWEEPSTAKES OFFICE
On appeal is the decision dated January 28, 1998 of the Dagupan City Regional Trial Court in Civil Case No. 94-00200-D...
Promulgated on 2005-09-29

146. CA GR CV 68648: HEIRS OF ERIBERTO SANTOS VS MERCEDES NU￯﾿ᄑEZ-SANTOS
Before this Court is an appeal from the order of the Regional Trial Court of Quezon City, Branch 79 dated September 20, 2000 dismissing the Complaint For Partition filed by the plaintiffs-appellants, through their counsel....
Promulgated on 2005-09-29

147. CA GR CV 78894: SPOUSES GILBERT G. MIRAL and EDITHA C. MIRAL, VS BAUAN RURAL BANK, ROLANDO DALIDA, ET. AL
The instant appeal seeks to annul and set aside the award of damages granted by the Regional Trial Court of Muntinlupa Cit,Branch 256...
Promulgated on 2005-09-29

148. CA GR SP 84169: VINCENT DY,et al vs NLRC,et al.
In this special civil action for certiorari under Rule 65 of the Revised Rules of Court, the petitioners assail the adverse resolutions of the public respondent National Labor Relations Commission (NLRC, for brevity) dated February 12, 2004 and March 3...
Promulgated on 2005-09-29

149. CA GR SP 90720: EDWIN MARCELO, vs GINA QUINDOZA,
For failure of the petitioner to file the required Petition for Review within the extended period granted which expired on September 3, 2005, as per report of the Judicial Records Division, the Court considers the case ABANDONED and consequently CLOSED...
Promulgated on 2005-09-29

150. CA GR SP 91383: BURLINGAME CORPORATION VS NATIONAL LABOR RELATIONS COMMISSION, et. al.
A careful perusal of the Verification and Certification of Non-Forum Shopping reveals that it was signed by Ma. Teresa Balace-Banzon, in her capacity as General Manager of the petitioner Burlingame Corporation...
Promulgated on 2005-09-29

151. CA GR SP 88724: INDILENCIO DIONISIO VS. PO3 EDGAR PANTE and PO1 NICASIO SACOTE
Facing to lose his position as Barangay Chairman due to ?gross misconduct? under the Civil Service Rules, Petitioner by Rule 43 of the Rules of Court challenges the October 29, 2004 Decision and December 15, 2004 Order1 rendered by the Office of the Om...
Promulgated on 2005-09-29

152. CA GR CR 28751: PEOPLE vs GINA DIAZ y JAUD
When money is given to another in trust, for a specified purpose or arrangement, with the corresponding duty to return the money at a specified time or upon demand, a fiduciary relationship is generated between the parties, and when the person with th...
Promulgated on 2005-09-29

153. CA GR CV 73960: AMERICAN HOME INSURANCE CO. OF NEW YORK vs. GENARO REYES CONSTRUCTION, et al.
Plaintiff American Home Insurance Co. of New York and Third Party Plaintiff Genaro G. Reyes Construction, Inc. appealed from the Decision dated 9 March 2001 rendered by the Regional Trial Court of Makati, Branch 137, the dispositive portion of which rea...
Promulgated on 2005-09-29

154. CA GR CV 80108: QUIRINO T. KEHYENG, et al. vs. BANK OF COMMERCE
On appeal by defendant Bank of Commerce is the Decision dated June 20, 2003 of the Regional Trial Court of San Fernando, Pampanga in a complaint for specific performance with damages entitled "Quirino T. Kehyeng and Antonio Koh, Plaintiff, vs. Bank...
Promulgated on 2005-09-29

155. CA GR SP 91371: NESTOR PARES, vs. DEPARTMENT OF JUSTICE, et al.
The instant petition for certiorari is outrightly dismissed for the following reasons:...
Promulgated on 2005-09-29

156. CA GR CV 75507: SYLVIA AMBRAY-TSOUROUS, ET. AL. VS. DAMASO y AMBRAY, ET. AL.
This is an appeal from the Order2 of the Regional Trial Court of San Pablo City, Branch 32 dated June 6, 2002 dismissing Civil Case No. SP-5831(01) on the ground of res judicata....
Promulgated on 2005-09-29

157. CA GR CV 82948: PERCIVAL SANDOVAL et al. vs. ATTY. GERARDO S. VITERBO, and "JOHN DOE PANOT"
The present controversy takes its roots from a 311-square meter parcel located at No. 23 Sandiko Street, Barangay Salud Mitra, Baguio City. Culled from the records, on June 1, 1999, spouses Percival and Desideria Sandoval filed with the Regional Trial...
Promulgated on 2005-09-29

158. CA GR SP 70100: MARIA THERESA C. SANTOS, ET. AL. VS. HONORABLE JAIME N. SALAZAR, JR., ET. AL.
This is a Petition for Certiorari under Rule 65 of the Revised Rules of Court which seeks to set aside the Order1 dated March 21, 2002 rendered by the Regional Trial Court, Branch 102 of Quezon City, in Criminal Case Nos. Q-00-94389 and Q-00-94390, deny...
Promulgated on 2005-09-29

159. CA GR CV 83104: PEOPLE OF THE PHILIPPINES AND J.Y. Brothers Marketing Corporation vs. ANAMER SALAZAR
This is an appeal on the civil aspect of the Decision dated April 1, 2004 of the Regional Trial Court of Legazpi City, Branch 5, in Criminal Case No. 7474, entitled "People of the Philippines vs. Nena Jaucian Timario vs. Anamer D. Salazar", for Estafa....
Promulgated on 2005-09-29

160. CA GR CV 84031: CERILA J. CALANASAN, et al. vs. SPS. VIRGILIO DOLORITO and EVELYN C. DOLORITO
At bar is an appeal from the Order dated September 3, 2004 (pp. 231-234, Records) of Branch 15 of the Regional Trial Court of Malolos, Bulacan, dismissing Civil Case No. 650-M-2002, entitled "Cerila J. Calanasan, rep. by Teodora J. Calanasan, as Atty.-...
Promulgated on 2005-09-29

161. CA GR CV 83121: SALLY RACHEL B. TORNO MACAPAGAL vs. REPUBLIC OF THE PHILIPPINES
This ordinary appeal has its roots from Special Proceedings No. Q- 03-51344, entitled "IN RE: PETITION FOR CHANGE OF NAME AND CORRECTION OF ENTRY IN THE BIRTH CERTIFICATE OF SALLY B. TORNO, SALLY RACHEL B. TORNO- MACAPAGAL, Petitioner."...
Promulgated on 2005-09-29

162. CA GR SP 77637: OPTIMUM SECURITY SERVICES, INC., et al. vs. N L R C and BONIFACIO LABABO,
Via petition for certiorari, the employer assails the alleged grave abuse of discretion amounting to lack or excess of jurisdiction allegedly committed by respondent National Labor Relations Commission (NLRC) in rendering the resolution dated December...
Promulgated on 2005-09-29

163. CA GR SP 90509: SPOUSES ALEJANDRO, et al. vs. CRISPINIANO BARROZO
The instant petition for certiorari under Rule 65 of the 1997 Rules on Civil Procedure (p. 7, Rollo) was dismissed for being an inappropriate remedy in as much as what is being assailed is an Order dismissing Civil Case No. 2004-0112-D...
Promulgated on 2005-09-29

164. CA GR SP 88568: NITA P. JAVIER vs. CIVIL SERVICE COMMISSION
"Not even the fact that the position had already been classified as one under the career service and certified as permanent by the Civil Service Commission, can conceal or alter a position's being confidential in nature."...
Promulgated on 2005-09-29

165. CA GR SP 88874: RUTH E. ISLA vs. HON. MARIANO M. SINGSON
Acting on petitioner's motion for reconsideration of this Court's August 10, 2005 Decision which denied due course and dismissed the petition, We find no cogent or justifiable reason to grant the same....
Promulgated on 2005-09-29

166. CA GR SP 90614: TAYUM ORGANIZATION FOR PROGRESS, ET. AL. VS. ISIDRO "DONG" DEGRANO, ET. AL
The petitioner has prayed for and was granted an extension of 15 days from July 28, 2005 to file the petition for review. The petition was filed late on August 15, 2005, the due date being August 12....
Promulgated on 2005-09-29

167. CA GR CR 28868: PEOPLE vs ERNESTO REAPOR y DISCHOSO
Before this Court is an appeal from the decision1 dated October 18, 2004 of the Regional Trial Court, Fifth Judicial Region, Branch 24, Naga City in Criminal Case No. 2003-0051,...
Promulgated on 2005-09-29

168. CA GR CR 27934: THE PEOPLE OF THE PHILIPPINES vs. ROMEO BENOSA and DENCIO BENOSA
On appeal is the Decision dated July 21, 2003 of the Regional Trial Court of Bangued, Abra, Branch 1, in Criminal Case No. 98-215, entitled "People of the Philippines vs. Romeo Benosa and Dencio Benosa", for violation of Section 68, Presidential Decree...
Promulgated on 2005-09-29

169. CA GR CV 70341: EDUARDO QUINTO, ET. AL. VS. ORLANDO MOLINA, ET. AL.
This is an appeal by the defendants from a decision in a property case where they were declared as in default for failure to file the pre-trial brief and to appear at the scheduled pre-trial....
Promulgated on 2005-09-29

170. CA GR SP 90698: THE HEIRS OF PACIFICO POCDO, et al. vs. ARSENIA AVILA
On September 5, 2005, this court denied petitioners' second extension motion and, thereafter, on September 29, 2005, the petition subsequently filed was dismissed for having been filed out of time. In their motion for reconsideration dated September 2...
Promulgated on 2005-09-29

171. CA GR CR 00895: PEOPLE OF THE PHILIPPINES vs. JONATHAN SAREN y MASAYON
On appeal by the accused-appellant is the Consolidated Decision dated 11 April 2002 of Branch 272 of the Regional Trial Court of Marikina City in Criminal Cases Nos. 2001-3908-MK and 2001-3909-MK, the dispositive portion of which reads:...
Promulgated on 2005-09-29

172. CA GR CV 76528: Concerned Residents of Manila Bay (rep by Divina V. Ilas, et al.) vs. MWSS, LWUA, et al.
Section 16, Article II of the 1987 Constitution explicitly provides: "SEC. 16. The State shall protect and advance the right of the people to a balanced and healthful ecology in accord with the rhythm and harmony of nature." The right to health and to...
Promulgated on 2005-09-28

173. CA GR SP 86987: EDUARDO CALDERON, et al. vs. HON. FRANCISCO A. QUERUBIN, et al.
Petitioners filed the instant petition for certiorari under Rule 65 of the Rules of Court assailing the Orders of the Regional Trial Court, Branch 74, Antipolo City, dated July 27, 2004 and September 24, 2004. The Order dated July 27, 2004 denied petit...
Promulgated on 2005-09-28

174. CA GR SP 91389: MARY GRACE DATA, et al vs. HON. MARIA NENA J. SANTOS
Before the Court is a petition for certiorari filed under Rule 65, 1997 Rules of Civil Procedure which is fatally defective on its face for failure to comply with several basic requirements, to wit:...
Promulgated on 2005-09-28

175. CA GR SP 86315: Melecio Latumbo, Petra Latumbo, Fe Latumbo, et al. vs. Crispulo Bagacina, heirs of Crispulo Bagacina
This petition for review under Rule 43 of the 1997 Rules of Civil Procedure seeks to set aside the decision promulgated on November 7, 2003 by the Department of Agrarian Reform Adjudication Board (DARAB) in DARAB Case No. 5068 entitled "Melecio Latumbo...
Promulgated on 2005-09-28

176. CA GR SP 86452: SPS. ELISEO MALOLOS, et al. vs. HON. HENRI J. P. INTING, et al.
On appeal is the Resolution dated 30 June 2004 rendered by the Regional Trial Court, Branch 85, Quezon City, dismissing petitioners' petition for certiorari under Rule 65 assailing the Order dated 23 January 2001 of the Metropolitan Trial Court, Branch...
Promulgated on 2005-09-28

177. CA GR CV 81066: SPS. CRISTINO CRUZ, et al. vs. ARTIE CRUZ, et al.
At the "completion of records" stage of this case, defendants-appellees, Artie Cruz and Artemio Cruz ("defendants-appellees") filed on 2 December 2004 the instant "MOTION TO DISMISS", alleging that:...
Promulgated on 2005-09-28

178. CA GR SP 90133: MARIJU-FESTIN GALICHA, et al vs. PURIFICATION F. FALCULAN
As prayed for, the Omnibus Ex-parte Motion to Withdraw Motion for Extension of Time to File Petition for Review on Certiorari and for Early Resolution Thereof filed by the petitioners herein (dated June 27,2005) is hereby GRANTED. Accordingly, all proc...
Promulgated on 2005-09-28

179. CA GR CR 29273: PEOPLE OF THE PHILIPPINES vs. MARK MARAYA
Considering the "Motion to Withdraw Appeal" dated August 30, 2005 filed by accused-appellant's counsel, with the attached handwritten letter dated August 27, 2005 of accused-appellant himself essentially stating that he is voluntarily withdrawing the pres...
Promulgated on 2005-09-28

180. CA GR SP 88044: BUREAU OF INTERNAL REVENUE vs. HON. CLIFTON U. GANAY
The issue of lack of jurisdiction over the subject matter may be considered by the reviewing court, as it may be raised at any stage. (Del Rosario vs. Bonger, 350 SCRA 101)....
Promulgated on 2005-09-28

181. CA GR SP 85765: LOURDES DAHIPONCONOS vs. HON. CLODUALDO M. MONTA
This is a Petition for Certiorari under Rule 65 of the 1997 Rules of Civil Procedure seeking the nullification of the April 26, 2004 and May 26, 2004 Orders of herein public respondent which respectively dismissed petitioner's petition for injunction a...
Promulgated on 2005-09-28

182. CA GR SP 80376: LABOR ALLIANCE FOR NATIONAL DEVELOPMENT et al vs. NATIONAL LABOR RELATIONS COMMISSION
The review of the records with an assessment of the facts is necessary when the factual findings of the National Labor Relations Commission and the Labor Arbiter are at odds with each other (Jimenez vs. NLRC, 256 SCRA 81)....
Promulgated on 2005-09-28

183. CA GR CV 78165: JOSEPHINE S. ZU￑IGA, et al vs. SPOUSES CARINA B. DURAN, et al
On appeal is the Decision (dated May 28, 2002) of the trial court (in Civil Case No. 939-M-98) against the defendants, as well as its subsequent Order (dated December 12, 2002) denying the defendants' Motion for Reconsideration....
Promulgated on 2005-09-28

184. CA GR CV 64357: FELIZA ARCA, et al. vs. FRED PE?ERO, et al.
The certificate of title serves as evidence of an indefeasible and incontrovertible title to the property in favor of the person whose name appears therein....
Promulgated on 2005-09-28

185. CA GR SP 86964: JOSE JONATHAN R. ATIENZA vs. NATIONAL LABOR RELATIONS COMMISSION
Acting on petitioner's Motion for Reconsideration of Our July 28, 2005 Decision, We resolved to deny the same....
Promulgated on 2005-09-28

186. CA GR CV 72166: Capt. Ambrosio Cabang, Jr. vs. Capt. Segio Paclibare, Capt. Paulino Fernandez, Capt. Romulo Berces
On appeal is the August 9, 2001 Decision of the Regional Trial Court, Branch 6, Legaspi City, dismissing the complaint for damages in connection with the partnership funds of their harbor pilots association filed by plaintiff-appellant Captain Ambrosio...
Promulgated on 2005-09-28

187. CA GR CV 65207: Amado Cruz, Bing Cruz, Rosendo Cruz, Arsenio Cruz, et al. vs. Republic of the Philippines
Before Us is an appeal from the February 26, 1999 Decision of the Regional Trial Court, Branch 77, San Mateo, Rizal, in L.R.C. Case No. N-208, filed by herein applicants-appellees Amado Cruz, Bing Cruz, Rosendo Cruz and Arsenio Cruz, represented herein...
Promulgated on 2005-09-28

188. CA GR SP 81085: Manuel Ong vs Bayani L. Fontanilla, Reymelchor Fontanilla, Bernardo Fontanilla, Bayani S. Fontanilla
Before Us is a petition for review under Rule 43 of the 1997 Rules of Court seeking the modification of the decision of the Regional Trial Court of Ligao City in Civil Case No.2250 for unlawful detainer. The pertinent facts are as follows: Petitioner...
Promulgated on 2005-09-28

189. CA GR SP 85697: CYNTHIA S. FIESTA vs. NATIONAL LABOR RELATIONS COMMISSION
In this Petition for Certiorari under Rule 65 of the 1997 Rules of Civil Procedure, petitioner seeks the setting aside of the December 30, 2003 Decision and May 31, 2004 Order of the National Labor Relations Commission (NLRC, for brevity) which respect...
Promulgated on 2005-09-28

190. CA GR CV 63134: PLANTERS PRODUCTS, INC. VS ELMER F. GOMEZ
This is an appeal from the February 26, 1999 decision of the Regional Trial Court of Makati City, Branch 139, in Civil Case No. 97- 2596,...
Promulgated on 2005-09-28

191. CA GR SP 86144: CITY SUPER MARKET, INC. (CSI), ET AL., vs NLRC, ET AL.,
In our Minute Resolution dated April 19,2005, We required the petitioner to inform Us within five (5) days from notice, whether or not they are still interested in pursuing their petition....
Promulgated on 2005-09-28

192. CA GR CV 74501: RAMON DELA ROSA VS. SPOUSES CONRADO, SR. and PELAGIA BAYANI-SIOSON
Assailed in this appeal is the Decision in Civil Case No. 98-0267 of the Regional Trial Court, Las Pias, Branch 200, dismissing a complaint for sum of money....
Promulgated on 2005-09-28

193. CA GR SP 87761: MAPUA INSTITUTE OF TECHNOLOGY VS. FACULTY ASSOCIATION OF MAPUA INSTITUTE OF TECHNOLOGY , ET. AL.
This Petition for Certiorari under Rule 65 of the 1997 Rules of Civil Procedure seeks to reverse and set aside the Resolution dated 30 July 2004 of the National Labor Relations Commission (NLRC)...
Promulgated on 2005-09-28

194. CA GR CV 72860: NATIONAL POWER CORPORATION VS. MARIA MENDOZA SAN PEDRO, ET. AL.
Brought to this Court for review is the Decision dated 28 October 1999 modified by Order dated 6 June 20012 of the Regional Trial Court of Malolos, Bulacan, Branch 16, in Civil Case No. 28-M-98...
Promulgated on 2005-09-28

195. CA GR CV 69199: FRANCISCO R. MENESES VS. REPUBLIC OF THE PHILPPINES
This appeal seeks the reversal of the Decision dated 25 July 2000 of the Regional Trial Court (RTC) of Malolos, Bulacan, Branch 13 dismissing, for want of jurisdiction,...
Promulgated on 2005-09-28

196. CA GR CV 83307: NOEL DIMAANO vs LUISITO CORTEZ
Temperate damages may be recovered in lieu of actual damages when the Court finds that some pecuniary loss has been suffered but its amount cannot, from the nature of the case, be proved with certainty....
Promulgated on 2005-09-28

197. CA GR SP 85234: BARANGAY CAPTAIN JESUS GANGANO vs. MERCEDES MONDERIN VDA DE ICO
Challenged in this petition for review is the decision of the Regional Trial Court of San Carlos City, Pangasinan, Branch 56 in Civil Case No. SCC-2742, which affirmed in toto the decision rendered by the Municipal Trial Court, Bayambang, Pangasinan, i...
Promulgated on 2005-09-28

198. CA GR CV 78573: Maria Gezelle A. Realiza vs. Republic of the Philippines
Before this Court is an appeal from the decision of Branch 52, Regional Trial Court, First Judicial Region, Tayug, Pangasinan in SP. PROC. No. T-1106....
Promulgated on 2005-09-28

199. CA GR CV 73705: Angelica Ancheta-Aquino vs. Wilson F. Aquino
This is an appeal from the Decision of Branch 60, Regional Trial Court, Angeles City, in its Civil Case No. 9762....
Promulgated on 2005-09-28

200. CA GR SP 89108: TERESA SOLIMAN GILLET, et al. vs REGIONAL TRIAL COURT, et al.
Seeking to enjoin the sheriff from enforcing the writ of possession, petitioners sought relief via Petition for Injunction with Preliminary Injunction. They argued that the instant petition is justified under Section 8 of Act No. 31351, as amended. Sec...
Promulgated on 2005-09-28

201. CA GR CV 62286: MANILA BANKERS LIFE INSURANCE CORPORATION VS CRESENCIA P. ABAN
Before this Court is an appeal from the order of the Regional Trial Court of Makati City, Branch 134 dated December 9, 1997, dismissing the plaintiff-appellant's Complaint for Rescission and And/Or Annulment of Insurance filed by the plaintiff-appellan...
Promulgated on 2005-09-28

202. CA GR CR UDK 218: SONNY DE OCAMPO VS. PEOPLE OF THE PHILIPPINES, ET. AL.
By Resolution of August 31, 2005, the Court granted petitioner an inextendible period of fifteen (15) days from August 3, 2005, or until August 18, 2005, within which to file the instant petition, and denied his prayer for exemption from payment of doc...
Promulgated on 2005-09-28

203. CA GR CR 01063: THE PEOPLE OF THE PHILIPPINES VS RANDY MAGBANUA @ ?BOYUNG? AND WILSON MAGBANUA
This is an appeal assailing the decision of the Regional Trial Court of Angeles City, Branch 59, in Criminal Case No. 99-1569....
Promulgated on 2005-09-28

204. CA GR SP 90005: SOFRONIO PALASIN vs FELICIDAD ELONA, AGUSTIN ELONA & RODOLFO RAVELAS
For resolution is petitioner's Motion for Reconsideration1 seeking to vacate and set aside this Court's Resolution2 dated July 18, 2005 and to give due course to his Petition for Review.3...
Promulgated on 2005-09-28

205. CA GR CV 60018: Florinne Ynalvez vs. Consolidated Tours and Travel, Inc ; Emirates; Columbia Travel and Tours, Inc
At bar is an appeal filed by Plaintiffs-Appellants Florinne Ynalvez for herself and on behalf of her minor son, Emmanuel Ynalvez, (The Ynalvezes) and Third Party Defendant-Appellant Columbia Travel and Tours, Inc. (Columbia Travel) from the October 29,...
Promulgated on 2005-09-28

206. CA GR CV 79247: Expectacion Yuga, Efren Del Valle vs. Salvacion Torres, Severino Rima
For failure of the appellants to file the appellants' brief within the reglementary period, the appeal is hereby considered abandoned and accordingly DISMISSED. SO ORDERED....
Promulgated on 2005-09-28

207. CA GR CV 73757: Virgilio Rarama, Sps. Elmerlo & Mercy Ibay, Elena Vda. De Flores vs. Agripina F. Estrella
Before Us is an Appeal from the Decision of the Regional Trial Court Branch 29 of Cabanatuan City in an action for Easement of Right of Way with Damages which was dismissed in favor of the private respondent for lack of cause of action under Rule 16 Se...
Promulgated on 2005-09-28

208. CA GR SP 57061: ALFIE LORENZO, ET. AL. VS. HON. APOLINARIO D. BRUSELAS, JR., ET. AL.
Before this Court is a petition for certiorari, prohibition and mandamus with prayer for the issuance of a writ of preliminary injunction under Rule 65 of the Rules of Court which seeks to annul and set side the Order3 dated November 16, 1999 issued by...
Promulgated on 2005-09-28

209. CA GR SP 56261: ATLAS CONSOLIDATED MINING & DEVELOPMENT CORPORATION VS. A.M. ORETA & CO., INC.
Before this Court is a Petition for Review under Rule 43 of the Rules of Court which seeks to annul and set aside the Decision2 dated December 1, 1999 issued by the Construction Industry Arbitration Commission (CIAC) in CIAC Case No. 04-99,...
Promulgated on 2005-09-28

210. CA GR SP 90165: RODOLFO C. VICENTE VS PHILIPPINE AIRLINES, INC., ET AL
Upon appointment of a management committee, rehabilitation receiver, board or body pursuant to Section 6(c) of Presidential Decree 902-A, as amended, all actions for claims against a distressed corporation pending before any court, tribunal, board or...
Promulgated on 2005-09-28

211. CA GR SP 82819: Judge Adoracion G. Angeles vs. Hon. Manuel C. Domingo, etc., et al.
Before this Court is a petition for review filed under Rule 43 of the Rules of Civil Procedure assailing the February 19, 2004 Resolution of the Office of the President denying herein petitioner's motion for reconsideration....
Promulgated on 2005-09-28

212. CA GR SP 89230: PABLO OLIVAREZ, vs HON. FORTUNITO L. MADRONA et al.,
Assailed in this Petition for Certiorari, Prohibition and Mandamus, with prayer for the issuance of a temporary restraining order and/or writ of preliminary injunction,1 as tainted with grave abuse of discretion, amounting to lack or excess of jurisdic...
Promulgated on 2005-09-28

213. CA GR SP 91341: PAUL C. LARDIZABAL, vs THE NATIONAL LABOR (1st Division), SKILLS INTERNATIONAL COMPANY, INC.,
Considering that the assailed Decision of January 30, 2004 (p.29, rollo) is a mere machine copy and copies of pleadings and documents (i.e., complaint, answer and position paper for the petitioner filed before the Labor Arbiter and his appeal memorandu...
Promulgated on 2005-09-27

214. CA GR CV 78320: EFREN DELA CRUZ, et. al vs. WILFREDO MEDINA, et. al
Assailed in this appeal is the Decision dated January 10, 2003 in Civil Case No. 94-00238-D of Branch 44, Regional Trial Court, Dagupan City, ordering defendants-appellants to pay plaintiffs-appellees damages and attorney's fees arising from a collision o...
Promulgated on 2005-09-27

215. CA GR SP 87960: ALBERT TARA, vs REGIONAL TRIAL COURTMANDALUYONG CITY,BRANCH 214,
Assailed in this petition for certiorari and mandamus as tainted with grave abuse of discretion, are: (1) The Order dated May 30, 20021 of the Regional Trial Court of Mandaluyong City, Branch 214, in Criminal Case Nos. MC98-879-D and MC98-880-D,...
Promulgated on 2005-09-27

216. CA GR SP 90731: De. Bernardo L. Siaotong vs. Maharlika Lovino-Siaotong
A perusal of the petition shows the following relevant and pertinent pleadings and documents are not attached to the petition: a.) The Administrative Complaint filed by Maharlika Siaotong against Julia Aquino and Bernardo Siaotong on February 10, 1998...
Promulgated on 2005-09-27

217. CA GR CV 83586: SANDY D. HUBILLA, et al vs PILI WATER DISTRICT et al
From the Order dated June 30, 2004 of Branch 31 of the Regional Trial Court in Pili, Camarines Sur (or RTC for brevity), dismissing their suit, the plaintiffs-appellants Sandy Hubilla, Ubaldo Acayan, Agapito Rosales, Rechilda Balines, Edgardo Clasio, M...
Promulgated on 2005-09-27

218. CA GR SP 89760: PAULITO LINIS et al vs SOCORRO B. INTING,
Before us is a Petition for Certiorari1 under Rule 65 of the Rules of Court seeking to nullify and set aside the Order2 dated January 19, 2004 of the Regional Trial Court, Branch IV, Manila in LRC Record No. 7680 which granted private respondent's ex ...
Promulgated on 2005-09-27

219. CA GR SP 58913: REYNALDO GAYOSO, et al vs HON. ANIANO A. DESIERTO, et al
The above named petitioners are before Us on petitions for (a) Certiorari to annul and set aside the Resolution of the Office of the Ombudsman (or hereafter the Ombudsman) dated August 25, 1999 and its subsequent Order dated December 8, 1999 denying th...
Promulgated on 2005-09-27

220. CA GR SP 88345: CUSTOMS COMMISSIONER et al., vs HON. ADOLFO F. ALAGAR et al.,
Submitted for our decision are the consolidated petitions filed by Customs Commissioner George M. Jereos and Customs District Collector Juan M. Tan (collectively, the "petitioners")....
Promulgated on 2005-09-27

221. CA GR CV 83507: JAMES NIEVES RELOVA et al vs TERESITA MONZON et al
On appeal is the Decision of the Regional Trial Court in Tagaytay City (hereafter the RTC) in a suit described as one for Petition for Injunction. This was filed by the appellees spouses James A. Relova and Maria Rosa Nieves P. Relova (or the Relovas)...
Promulgated on 2005-09-27

222. CA GR CR 29257: People of the Phils. vs. Felimon S. Ellorenco
For consideration is the Motion to Withdraw Appeal with the written conformity of the accused-appellant. Therebeing no appellee's brief filed as yet, the appellant's Motion to Withdraw Appeal is GRANTED and the Appeal is considered WITHDRAWN and DISMI...
Promulgated on 2005-09-27

223. CA GR CV 82954: Sylvia B. Allado, etc. vs. Fernando G. Roman
In a Minute Resolution dated March 18, 2005, defendant-appellant was granted another extension of twenty-five (25) days or until March 7, 2005 within which to file the appellant's brief with the warning that no further extension shall be allowed....
Promulgated on 2005-09-27

224. CA GR CV 55102: MERCIDAR FISHING CORPORATION VS. SPOUSES EDWIN and VIRGINIA YABES, ET. AL.
Before Us is an appeal from the Decision dated July 12, 1993 of Branch 72 of the Regional Trial Court of Malabon in Civil Case No. 1210- MN entitled ?Mercidar Fishing Corporation, plaintiff vs. Spouses Honesto and Analie Sumadchat, Spouses Edwin and Virgi...
Promulgated on 2005-09-27

225. CA GR SP 88672: Alfredo B. Sagyaman vs. Employees Compensation Commission
On February 9, 2005, petitioner filed a Notice of Appeal with Formal Entry of Appearance and Motion for Extension of Time to File Petition with Payment of Filing/Docket Fees. He prayed therein for an extension of fifteen (15) days or until February 24, 2...
Promulgated on 2005-09-27

226. CA GR CV 71898: DOMINGO AMOSCO NIBAL, ET. AL. VS. COLUMBUS PHILS. BUS COP., ET. AL.
A maverick bus snuffed out the life of 59-year old Juana Nibal in the early morning of May 7, 1996 along the National Highway at Concepcion Grande, Naga City....
Promulgated on 2005-09-27

227. CA GR SP 87235: VICENTE C. PONCE VS. HON. JOVENCITO R. ZU?O, ET. AL.
In this Petition for Certiorari and Mandamus under Rule 65 of the Rules of Court, petitioner seeks (1) to nullify the public respondent?s Resolution1 dated February 24, 2004 which dismissed his Petition for Review2 of the City Prosecutor?s Resolution;3...
Promulgated on 2005-09-27

228. CA GR CV 56546: DURANTE UBEDA VS. REPUBLIC OF THE PHILIPPINES
On appeal is the Order dated December 16, 1996 issued by the Regional Trial Court of Lucena City, Branch 59, in M.C. No. 95-149...
Promulgated on 2005-09-27

229. CA GR CV 73266: MARITES PANGILINAN VS. HIRONOBU OGAWA, ET. AL.
The propriety of the dissolution of a marriage on the ground of psychological incapacity is challenged in this appeal from the Decision dated September 10, 2001 rendered by the Regional Trial Court of Malabon City, Branch 169, in Civil Case No. 3089-MN...
Promulgated on 2005-09-27

230. CA GR SP 89980: Roberto Uy, et al. vs. Hon. Silvino T. Pamfilo, Jr., etc., et al.
On September 6, 2005, petitioners themselves filed a Motion to Withdraw Petition which states that they are withdrawing their petition for certiorari xxx because they and the individual private respondents have settled their differences and have submi...
Promulgated on 2005-09-27

231. CA GR SP 89277: A & J SECURITY, ET. AL. VS. RICARDO S. MARTINEZ, SR., ET. AL.
It appears that the verification embodying the certification of nonforum shopping was signed by petitioner Teodorico Arias on behalf of the other petitioner A & J Security and Investigation Agency without stating whether this agency is a single propri...
Promulgated on 2005-09-27

232. CA GR CR 29030: PEOPLE VS. RELIA A. OLARTE
For failure of the accused-appellant to file her appellant's brief within the extension requested by her, or until May 15, 2005, this appeal is dismissed....
Promulgated on 2005-09-27

233. CA GR CV 64199: SPOUSES SOLIMAN and MELINDA BAUTISTA VS. NATIONAL POWER CORPORATION
This is an appeal from the decision of the Regional Trial Court, Branch 216, Quezon City, the dispositive portion of which reads: "WHEREFORE, premises considered, the defendant National Power Corporation is hereby ordered to comply with its obligations...
Promulgated on 2005-09-27

234. CA GR SP 88296: Dr. Ulysses A. Brito vs. Sandy Padilla & Monico A. Dingal, Jr.
In a Minute Resolution dated January 31, 2005, petitioner was granted an extension of thirty (30) days or until February 25, 2005 within which to file a petition for review....
Promulgated on 2005-09-27

235. CA GR CV 46667: EUFRACIA BERIONES VS. FILI LANDOY
This is an appeal from the March 29, 1994 Decision (Rollo,pp. 31-35) of the Regional Trial Court (RTC) of Iloilo City, Branch 30 in Civil Case No. 17674 for Recovery of Possession of Landholding and Damages,...
Promulgated on 2005-09-27

236. CA GR SP 91327: KEPPEL BANK PHILIPPINES, INC. VS THE HON. MA. LUISA C. QUIJANO-PADILLA, et. al.
The instant Petition For Certiorari is procedurally flawed in view of the following: The petition is not accompanied by copies of pertinent and material documents and pleadings which would support the allegations in the petition,...
Promulgated on 2005-09-27

237. CA GR SP 82202: HILARIO P. SORIANO vs. HON. MANUEL R. ORTIGUERRA, et al.
THE PETITIONER SEEKS RECONSIDERATION OF THE DECISION PROMULGATED ON JULY 28, 2005. THE RESPONDENTS OPPOSE THE MOTION....
Promulgated on 2005-09-27

238. CA GR CV 82602: ERIZA PHILIPPINES CO., INC., ET. AL. VS. ASB DEVELOPMENT CORP., ET. AL.
As prayed for, plaintiffs-appellants? motion to withdraw appeal is hereby granted, and the appeal is considered withdrawn. SO ORDERED....
Promulgated on 2005-09-27

239. CA GR SP 90807: LAND BANK OF THE PHILIPPINES, ET AL VS HON. PLACIDO C. MARQUEZ, ET AL
Petitioner Land Bank of the Philippines, together with its Board of Directors represented by Gilda E. Pico, Officer-in- Charge, initiated this PETITION FOR CERTIORARI AND PROHIBITION WITH PRAYER FOR TEMPORARY RESTRAINING ORDER AND/OR PRELIMINARY INJUN...
Promulgated on 2005-09-27

240. CA GR CV 81422: CONCEPCION BARQUIN VS. PHILTRANCO SERVICE ENTERPRISES, INC., ET. AL.
For failure of plaintiff-appellant to file the required appellant?s brief, the appeal interposed in this case is deemed abandoned and is accordingly DISMISSED....
Promulgated on 2005-09-27

241. CA GR SP 54347: REMEDIOS BONDOC and JOSEFINA SANTOS vs HON. JAIME F. BAUTISTA, et al.
Before Us is a Petition for Review under Rule 42 of the 1997 Rules of Court, filed by petitioners Remedios Bondoc and Josefina Santos, assailing the Decision of the Regional Trial Court of Valenzuela, Metro Manila, Branch 75 dated July 21, 1999 dismis...
Promulgated on 2005-09-27

242. CA GR CV 84085: BANK OF THE PHILIPPINE ISLANDS, et al. vs SPOUSES JULIO UY and JULIETTE UY
Considering the report of the Judicial Records Division that, as per docket book entry, the appellants have not filed their brief within the prescribed period1, the instant appeal is now deemed ABANDONED and accordingly DISMISSED pursuant to Sec. 1 (e)...
Promulgated on 2005-09-27

243. CA GR SP 88025: HEIRS OF BARTOLOME C. SO, ET. AL. VS. LAZARO BAUTISTA, ET. AL.
This is a petition for review of the decision dated 28 September 2004 of the Regional Trial Court, Branch 28, Cabanatuan City in Civil Cases Nos. 4740-56, which affirmed the decision dated 19 April 2004 of the Municipal Trial Court in Cities, Branch 2,...
Promulgated on 2005-09-27

244. CA GR CR 28736: PEOPLE OF THE PHILIPPINES vs ARNOLD INOCENCIO Y ROSAS
Considering the report of the Judicial Records Division that, as per docket book entry, the accused-appellant has not filed his brief, the instant case is now deemed ABANDONED and accordingly DISMISSED pursuant to Sec. 8, Rule 124 of the Rules of Court...
Promulgated on 2005-09-27

245. CA GR CV 76542: BARRY BRITTON, vs THE SWAGMAN HOTELS & TRAVELS, INC.,
In this action for sum of money filed before the Regional Trial Court, Branch 57, Angeles City, and docketed as Civil Case No. 9075, both parties are appealing the Decision1 dated June 26, 2002,...
Promulgated on 2005-09-27

246. CA GR CV 71190: ELISEA B. SANTOS, et al vs KAUNLARAN CREDIT COOPERATIVE, INC.,
In this appeal from the Decision1 dated February 27, 2001 of the Regional Trial Court, Branch 20, Malolos, Bulacan in Civil Case No. 360-M-96 which ordered appellant to pay appellees the face value of the certificates of time deposit,...
Promulgated on 2005-09-26

247. CA GR SP 89431: MA. CRISTINA SY-QUIA DALAND, vs HON. MARCELINO L. SAYO, JR., et al.,
This is a Petition for Certiorari with Prayer for Issuance of Temporary Restraining Order and/or Writ of Preliminary Injunction under Rule 65 of the 1997 Rules of Civil Procedure, as amended, seeking to reverse and set aside the Orders dated June 10, 2...
Promulgated on 2005-09-26

248. CA GR SP 83238: FORD MOTOR CO., PHILIPPINES,INC., ET. AL., vs HON. JOSE F. CAOIBES, ETC.,ET. AL.,
This is a petition for certiorari and prohibition with prayer for a temporary restraining order and writ of preliminary injunction involving the orders issued by the Regional Trial Court (RTC), Branch 253 of Las Pi?as City in Civil Case No. LP-02-0104...
Promulgated on 2005-09-26

249. CA GR CV 77083: BRILLY V. BERNARDEZ et al vs LEANDRO O. LUCZON et al
?WHEREFORE, this Court renders judgment, as follows: 1. declaring that the three deeds of sale with pacto de retro as equitable mortgage; 2. ordering defendants to pay the plaintiffs a total amount of ONE HUNDRED EIGHTEEN THOUSAND AND SIXTY FOUR PES...
Promulgated on 2005-09-26

250. CA GR SP 60399: PLAN INTERNATIONAL PHILIPPINES VS. N.L.R.C. AND DAISY M. SUPNET
Before this Court are Petitions for Certiorari consolidated and filed under Rule 65 of the Revised Rules of Court, which arose from the decision of public respondent NLRC dated 30 September 1999,...
Promulgated on 2005-09-26

251. CA GR CV 77635: EMERITA C. MACHADO et al vs RODANTE ILANO et al
Petitioners-appellants Emerita C. Machado and Elizabeth C. Machado appeal the Decision1 dated July 19, 2002 of the Regional Trial Court, Branch 16, Cavite City which dismissed their petition for Annulment of the Certificate of Sale, Deed of Consolidat...
Promulgated on 2005-09-26

252. CA GR CR 28633: People of the Philippines vs. Pedro Molina
This is an appeal from the May 29, 2004 Decision of the Regional Trial Court, Branch 29, Agoo, La Union, in Criminal Case No. A-3971, finding accused Pedro Molina guilty beyond reasonable doubt of having committed the crime of Frustrated Homicide again...
Promulgated on 2005-09-26

253. CA GR SP 87338: ACE PROMOTION AND MARKETING CORPORATION vs. NATIONAL LABOR RELATIONS COMMISSION, et al.
We have assiduously perused the ratiocinations and arguments in petitioner's Motion For Reconsideration as well as those contained in the respondents' Comment thereon of the petitioners and found the motion offering no compelling reason to modify, reve...
Promulgated on 2005-09-26

254. CA GR CV 71498: HELENA CORPUZ Y APALLA, vs L.G. FOODS CORPORATION,
Assailed in this appeal is the Decision1 dated April 10, 2001 of the Regional Trial Court, Branch 257, Para?aque City, which decreed the dismissal of the complaint docketed as Civil Case No. 96-0360, entitled Helena Corpuz y Apalla vs. L.G. Foods Corp...
Promulgated on 2005-09-26

255. CA GR SP 91295: CYNTHIA R. ADALLA and PHILIP IGNATIUS ROURA vs NATIONAL LABOR RELATIONS COMMISSION,(3rd Div.), ET AL
Before this Court is a Petition for certiorari, filed under Rule 65 of the 1997 Rules of Civil Procedure. Said Petition dated 18 August 2005 was filed with this Court on 15 September 2005. Petitioners admitted that they received on 15 July 2005 the as...
Promulgated on 2005-09-26

256. CA GR CV 75968: PEDRO LAGGUI, vs LEOPOLDO MAGNO, et al
On appeal is the Decision1 dated May 7, 2002 of the Regional Trial Court, Branch 5, Tuguegarao City, Cagayan which granted the action for quieting of title filed by petitioner-appellee Pedro Laggui....
Promulgated on 2005-09-26

257. CA GR SP 89180: DELFIN T. JALAPAN VS. NLRC and PACIFIC RARE METAL INDUSTRIES, INC.
In this petition for certiorari, Delfin T. Jalapan assails the Decision promulgated on October 15, 2004 in NLRC NCR CA No. 035910-03 setting aside: (1) the Decision of Labor Arbiter Alim D. Pangandaman in RAB-III- 09-1718-00 for illegal termination wit...
Promulgated on 2005-09-26

258. CA GR CV 78399: RICARDO IPAPO, vs MARCELINO DE LA ROSA
Appealing the Decision1 dated November 19, 2002 of the Regional Trial Court, Branch 60, Baguio City which dismissed Civil Case No. 4952-R for Recovery of Possession and Ownership [with] Damages,...
Promulgated on 2005-09-26

259. CA GR SP 68341: LEONARDO L. VILLALON, et al vs HON. JOSE R. HERNANDEZ, et al
On September 28, 2001, the respondent Benito Yao Chua (or hereafter Yao) filed before the Regional Trial Court in Pasig City (or RTC) a suit for Inspection of Corporate Books and Records of the Semicon Integrated Electronics Corporation, Incorporated (...
Promulgated on 2005-09-26

260. CA GR CV 70794: GENEROSO CAUILAN VS. ARNOLD PASCUA
This is an appeal by the defendant from a decision of the Regional Trial Court of Tuguegarao City, Branch 1, in civil case 5189...
Promulgated on 2005-09-26

261. CA GR CR 01202: PEOPLE vs ROGIE M. BACARA
On appeal is the Decision, dated April 10, 2000, of the Regional Trial Court (RTC) of Quezon City, Branch 86, rendered in Criminal Case No. Q-97-72782....
Promulgated on 2005-09-26

262. CA GR CV 69674: DR. RICARDO T. TRINIDAD, ET. AL. VS. DONATILLA R. BAUTISTA, ET. AL.
This is an appeal from the decision of Branch 43 of the Regional Trial Court of Pampanga, the dispositive portion of which states: ?WHEREFORE, all the foregoing considered, the court hereby renders its decision in favor of the defendants and against t...
Promulgated on 2005-09-26

263. CA GR CV 75777: DEVELOPMENT BANK OF THE PHILIPPINES, ILAGAN BRANCH, ILAGAN, ISABELA, vs REPUBLIC OF THE PHILIPPINES
On appeal is the Order1 dated June 13, 2002 of the Regional Trial Court, Branch 18, Ilagan, Isabela which granted the petition for reconstitution filed by appellee Development Bank of the Philippines, Ilagan Branch,...
Promulgated on 2005-09-26

264. CA GR CV 84816: VICTOR LORILLA, et al. VS. ALEXANDER DELA CRUZ Y CABRAL, et al.
Acting on the Motion to Dismiss Defendants-Appellants' Appeal filed by plaintiffs-appellees, through counsel, and considering the JRD Verification Report that no appellant's brief has been filed within the reglementary period, the motion is hereby GRAN...
Promulgated on 2005-09-26

265. CA GR CR 28149: PEOPLE OF THE PHILIPPINES vs. ABELARDO ALFONSO y MARTIN
Assailed in this appeal is the Decision dated November 4, 2003 in Criminal Case No. 2002-2479-D-MK of Branch 193, Regional Trial Court, Marikina City, convicting accused-appellant Abelardo Alfonso y Martin for violation ofSection 11, Article II, Republic...
Promulgated on 2005-09-26

266. CA GR SP 83059: ALADDIN TRANSITCORPORATION VS ANTONIA A. POLLISCO
Before us is a petition for review under Rule 42 of the 1997 Rules of Civil Procedure, whereby petitioner Aladdin Transit Corporation seeks to reverse and set aside the decision dated February 26, 2004 of Branch 125 of the Regional Trial Court (RTC) o...
Promulgated on 2005-09-26

267. CA GR SP 89439: RIOFIL CORPORATION VS HON. FRANCISCO A. QUERUBIN, ET AL
Before this Court is a petition for certiorari challenging the Orders dated October 8, 2004 and January 28, 2005 of respondent Judge Francisco A. Querubin....
Promulgated on 2005-09-26

268. CA GR CV 83859: Enrique Tan vs. David Pamplona, Ludivina Pamplona
It appearing that the original Decision dated June 15, 2004 which is the subject of this Appeal, has already been amended in a Decision dated August 31, 2004, the said June 15, 2004 Decision was already necessarily been vacated by the Amended Decision...
Promulgated on 2005-09-26

269. CA GR CV 59557: SPOUSES DOMINADOR & ROSALIA BANDONG vs SPS. CARLOS & EULALIA RAYMUNDO et al.,
Before us is the appeal by plaintiffs-appellants Dominador Bandong and Rosalia Bandong ("spouses Bandong") from the January 28, 1998 Decision1 of the Regional Trial Court, Branch 126, Caloocan ("RTC"), in Civil Case No. C-14980. The RTC dismissed the ...
Promulgated on 2005-09-26

270. CA GR SP 80529: Remedios Rodriguez vs. Lucena City RTC Branch 56 Presiding Judge, Manuel G. Montecillo, et al.
Before Us is a petition for annulment of judgment assailing the January 20, 1997 Order of the Regional Trial Court of Lucena City which approved the "Partial Project of Partition" dated 10 January 1997 entered into, allegedly in her behalf, by petition...
Promulgated on 2005-09-26

271. CA GR CV 80135: Goldloop Properties, Inc. vs. GSIS
This is an appeal under Rule 41 of the 1997 Revised Rules of Civil Procedure from the Decision dated 23 June 2003 of the Regional Trial Court of Pasay City wherein defendant-appellant Government Service Insurance System (GSIS) was directed to pay plai...
Promulgated on 2005-09-26

272. CA GR SP 85331: TINETTE & COMPANY, INC., et al vs. LOURDES C. JAVIER, et al
In a Decision dated March 18, 2005, the Court dismissed the present petition for lack of merit. Petitioners filed a motion for reconsideration and the Court directed private respondent to file her comment thereon....
Promulgated on 2005-09-26

273. CA GR SP 83973: ANATOLIO ROBLES, vs. NLRC et al
In this Petition for Certiorari, petitioner Anatolio Robles seeks the annulment of the Resolutions dated August 29, 2003 and December 29, 20032 of the National Labor Relations Commission (NLRC) respectively reversing the decision of the Labor Arbiter by...
Promulgated on 2005-09-23

274. CA GR CR 28743: People vs. Amelito Pari￱a y Alto, Amador Pari￱a y Alto
This is an appeal assailing the Decision of the Regional Trial Court of Manila finding accused-appellants Amelito Pari￱a y Alto and Amador Pari￱a y Alto guilty of violating Section 11, paragraph 3 of the Republic Act No. 9165, otherwise known as th...
Promulgated on 2005-09-23

275. CA GR SP 77342: T.R. MALONZO TRUCKING CORP. VS. HONORABLE JOSEPHUS B. JIMENEZ, ET. AL.
Respondent Samahang Manggagawa charges the petitioner T. R. Malonzo Trucking Corporation with violations of their Collective Bargaining Agreement (CBA), as well as diminution of benefits in withdrawing payment of Emergency Cost of Living Allowance (EC...
Promulgated on 2005-09-23

276. CA GR CR 28125: PEOPLE OF THE PHILIPPINES, vs ARTURO MALIJAN y Malapascua,
The appellant Arturo Malijan y Malapascua (or hereafter Malijan) was charged at the instance of Eden T. Oshiro (or Oshiro) with the felony of Bigamy...
Promulgated on 2005-09-23

277. CA GR SP 87383: TAMARAW SECURITY TAMARAW SECURITY VS. RUFINO F. ANDRADE, NLRC, ET. AL.
Before this Court is a petition for certiorari under Rule 65 of the Rules of Court which seeks to annul and set aside the Resolution1 dated July 22, 2004 issued by the National Labor Relations Commission (NLRC), Second Division, in NLRC NCR CA No. 034...
Promulgated on 2005-09-23

278. CA GR CR 00974: PEOPLE OF THE PHILIPPINES vs. AUGUSTO MIRANDA y DAYRIT
On March 23, 1998, Tarlac City police officers applied for a search warrant from Branch I of the Municipal Trial Court of Tarlac. The application sought permission to search the house of Augusto Miranda at Barangay San Vicente, Tarlac....
Promulgated on 2005-09-23

279. CA GR SP 84834: INSTITUTE OF CREATIVE COMPUTER TECHNOLOGY VS. MORILOU REBANCOS
Respondent Morilou Rebancos filed a complaint against petitioner Institute of Creative Computer Technology before the Office of the Regional Director, Department of Labor and Employment, Region IV for violation of labor standard laws....
Promulgated on 2005-09-23

280. CA GR CV 83022: MANUEL LUCERO SR., ET AL. VS. DELIA FELICIANO
For failure to file the required appellant?s brief within the prescribed period, the appeal is hereby dismissed. The withdrawal of appearance by Angeles & Angeles Law Offices as counsel for defendant-appellant is noted....
Promulgated on 2005-09-23

281. CA GR SP 89981: DIAMOND AND DREAM CHUM COMPUTER SYSTEMS, INC. VS. NBI and AMD
This is a petition for certiorari filed by the petitioner questioning the order of the RTC of Manila denying its motion to quash search warrant....
Promulgated on 2005-09-23

282. CA GR SP 88200: SPOUSES TEOFILO NEGRILLO AND AUREA A. NEGRILLO, ET. AL. VS. FELICISIMA NEGRILLO ALMAZAN, ET. AL.
This is a Petition for Certiorari which seeks to nullify and set aside the Order1 dated October 6, 2004 of the Regional Trial Court of Calamba, Laguna, Branch 92, in Civil Case No. 3375-2003-C, dismissing petitioners? complaint for lack of jurisdiction...
Promulgated on 2005-09-23

283. CA GR CR 01247: PEOPLE vs RICARDO BOHOL y CABRINO,
This is an appeal from the Joint Decision dated March 7, 2003, rendered by the Regional Trial Court (RTC), Branch 35, Manila, in Criminal Cases Nos. 02-205461 & 02-205462 for violation of Sections 5 & 11 (3) of Republic Act (RA) No. 9165, to the Suprem...
Promulgated on 2005-09-23

284. CA GR CR 29346: PEOPLE et al vs JOSE ARMANDO L. EDUQUE et al
For resolution is a Motion to Withdraw Appeal1 filed by the private complainant, Virginia A. Zamora, praying that she be allowed to withdraw her appeal....
Promulgated on 2005-09-23

285. CA GR SP 89877: AZOZI MANPOWER OVERSEAS/JULIETA ALKHUZEEM, vs NATIONAL LABOR RELATIONS COMMISSION (3rd Div.) et al.,
On June 17, 2004, the National Labor Relations Commission (NLRC), through its Labor Arbiter Cresencio G. Ramos, Jr., rendered a decision in NLRC NCR OFW (L)-03-08-2002-00 in favor of Ferdinand Manalac (hereafter respondent) to which Azozi Manpower Over...
Promulgated on 2005-09-23

286. CA GR CR 28722: PEOPLE OF THE PHILIPPINES vs. FELICITAS BELLO
This is a Motion for Reconsideration filed by Felicitas Bello (hereafter appellant) of this Court's Decision dated September 23, 2005, the dispositive portion of which reads:...
Promulgated on 2005-09-23

287. CA GR CV 79180: SPOUSES VIRGILIO & CONCHITA CALDERON vs CYNTHIA T. BAELLO,
This is an appeal filed under Rule 41 of the 1997 Rules of Civil Procedure, as amended, from the decision dated March 21, 2004 of the Regional Trial Court, Branch 125, Caloocan City (hereafter RTC), in Civil Case No. C-19851....
Promulgated on 2005-09-23

288. CA GR SP 89647: FIDELA D. DE LEON, ET AL VS NLRC, ET AL
In the Compliance submitted by the petitioner through counsel, she admitted that there is another certiorari case pending between the same parties questioning the same resolution of the NLRC; that her failure to inform this Court of the filing and pend...
Promulgated on 2005-09-23

289. CA GR CV 64406: DOMINADOR PANTALITA, et al vs. LORNA EXPRESS CREDIT CORPORATION
Before the Court is an appeal from the Decision dated July 30, 1999 in Civil Case No. 66005 of Branch 266, Regional Trial Court, Pasig City which annulled the mortgages constituted in favor of defendant-appellant Lorna Express Credit Corporation (LECC) o...
Promulgated on 2005-09-23

290. CA GR CR 28722: PEOPLE vs FELICITAS BELLO,
This is an appeal from the Decision dated January 29, 2004 rendered by the Regional Trial Court (hereafter RTC) of Ilocos Sur, Branch 22, Narvacan, in Criminal Case No. 1784-N for the crime of Murder,...
Promulgated on 2005-09-23

291. CA GR CV 67618: FELIPA FAJARDO MALABANAN vs. REPUBLIC OF THE PHILIPPINES
This is an appeal from the Amended Judgment dated October 4, 1999 of Branch 18, Regional Trial Court, Tagaytay City in LRC No. TG-686 which granted the application for land registration filed by applicant Roque Malabanan, later substituted by his wife ap...
Promulgated on 2005-09-23

292. CA GR CR 26996: PEOPLE OF THE PHILIPPINES vs. GLENDA BALDONADO
Assailed in this appeal is the Decision dated June 11, 2002 in Criminal Case No. 98-162984 of Branch 46, Regional Trial Court, Manila, finding accused-appellant Glenda Baldonado guilty beyond reasonable doubt of the crime of estafa under paragraph 1 (b),...
Promulgated on 2005-09-23

293. CA GR SP 87381: MARILOU GALAURAN vs. HON. LEONARDO RAUL P. GONZALES, et al.
This is a petition for review under Rule 43 of the Rules of Court of the Decision dated May 12, 2004 (Annex H, pp. 88-116, Rollo) and the Order dated September 30, 2004 (Annex K, pp. 128-138, Rollo) of the Office of the Ombudsman in OMB-C-A-02-0006-A,...
Promulgated on 2005-09-23

294. CA GR SP 81127: ALBERTO O. VILLA-ABRILLE, JR. VS. C&T GLOBAL FUTURES, INC.
This is an appeal under Rule 43 of the 1997 Rules of Court from the Decision (Annex ?A?, Rollo, pp. 22-27) of the Securities and Exchange Commission (SEC) dated November 10, 2003 in SEC Case No. 04-96-5323 decided in favor of petitioner Alberto Villa-Abri...
Promulgated on 2005-09-23

295. CA GR SP 60219: FBM CONSTRUCTION AND AGRO-INDUSTRIAL CORPORATION vs Hon. MAURICIO M. RIVERA, ET AL.,
This is an original action for annulment of judgment, under Rule 47 of the 1997 Rules of Civil Procedure, seeking to set aside the decision of the Regional Trial Court of Antipolo City, Branch 73, in Civil Case No. 96-4024, entitled, ?WILFREDO M. TALAG...
Promulgated on 2005-09-22

296. CA GR CV 65660: ERNESTO CASTANEDA vs FRANCISCO GALMAN CRUZ,
On August 12, 2005, the plaintiff-appellee Ernesto Casta?eda (represented by his daughter Evelynn Casta?eda-Castro) and the defendant-appellant Francisco Galman Cruz (represented by his wife Dra. Amanda T. Cruz) submitted to us a "Compromise Agreement"...
Promulgated on 2005-09-22

297. CA GR CV UDK 2159: MARIVELES PAWNSHOP, INC., ET. AL. VS. NATIVIDAD CANDIDO
As reported by the Judicial Records Division, there is no proof of payment of the required appellate court docket and other fees. Pursuant to Section 1, Rule 50 of the Rules of Court, this appeal is dismissed....
Promulgated on 2005-09-22

298. CA GR SP 90269: J-PHIL MARINE, INC. and/ or JESUS CANDAVA, ET AL. vs THE NLRC and WARLITO E. DUMALAOG
This refers to the Petition for Certiorari filed on June 29, 2005 by petitioners J-PHIL Marine, Inc. and Jesus Candava, assailing the Decision dated September 27, 2004 as well as the Resolution dated March 15, 2005, both issued by the National Labor R...
Promulgated on 2005-09-22

299. CA GR SP 90254: FATIMA CREDIT COOPERATIVE, ET. AL. VS. ARLENE MA?AGO, ET. AL.
Before this Court is a Petition for Certiorari under Rule 65 of the Rules of Court which seeks to annul the Resolution1 dated October 29, 2004 rendered by the National Labor Relations Commission (NLRC), Third Division, in NLRC NCR CA No. 041752-04 and...
Promulgated on 2005-09-22

300. CA GR SP 84959: ELIZA M. AMANTE vs PEOPLE OF THE PHILIPPINES, ET AL.,
This is a Petition for Certiorari, Prohibition and Mandamus filed by petitioner on July 8, 2004, and amended on September 16, 2004 praying that:...
Promulgated on 2005-09-22

301. CA GR SP 67649: OTA INTERNATIONAL PROMOTIONS & MANPOWER CORP.et al vs NATIONAL LABOR RELATIONSCOM. et al
On September 12, 2005, the parties in the presence of mediator Atty. Vicente A. Pascual, Jr. signed a Compromise Agreement which they have submitted for the consideration and approval of the court....
Promulgated on 2005-09-22

302. CA GR SP 45178: HEIRS OF ROSARIO BAGO, ET. AL. VS. HON. N.C. PERELLO, ET. AL.
Before this Court is a petition for certiorari under Rule 65 of the Rules of Court which seeks to annul and set side the Decision2 dated December 10, 1996 issued by the Regional Trial Court (RTC), Branch 276, Muntinlupa City, docketed as Civil Case No....
Promulgated on 2005-09-22

303. CA GR SP 71882: CIELITO SANTIAGUEL et al vs Hon. CARIDAD H. GRECIA-CUERDO, et al
Through this Petition for Certiorari and Prohibition with Application for a Temporary Restraining Order and/or Writ of Preliminary Injunction, the petitioners Cielito Santiaguel and Camilo Lorino (or petitioners for brevity) seek to annul and set aside...
Promulgated on 2005-09-22

304. CA GR SP 88746: ALAN DICK PHILIPPINES, INC., vs BOT BROADBAND PHILIPPINES INC.,
We hereby NOTE the parties? "Compliance" in response to our Resolution dated August 1, 2005 directing them to submit proof of authority of the signatories to the Compromise Agreement....
Promulgated on 2005-09-22

305. CA GR SP 90650: REBECCA VIDAL, et al., vs NOEL C. QUIOC, for himself et al.,
Before us are the "Petition for Review on Certiorari"1 filed by Rebecca Vidal and the "Manifestation"2 filed by the respondent Noel Quioc praying for the denial of the petition....
Promulgated on 2005-09-22

306. CA GR CR 28758: PEOPLE OF THE PHILIPPINES vs GILBERT DE GUZMAN y GACHO @ "IBET"
Before this Court is an appeal of the Decision1 dated 12 August 2004, promulgated on 23 August 2004, of the Regional Trial Court , National Capital Judicial Region, Mandaluyong City, Branch 211, in the case entitled "People of the Philippines vs. Gilbe...
Promulgated on 2005-09-22

307. CA GR CV 84723: GORDON HEIGHTS ASSOCIATION VS GORDON HEIGHTS MULTI-PURPOSE COOPERATIVE
This controversy originated from the agreement entered into by and between the parties on December 2, 1996 before the Barangay Captain of Barangay Gordon Heights, which was allegedly violated by the defendant-appellee, thereby prompting the plaintiff-a...
Promulgated on 2005-09-22

308. CA GR SP 90652: EDUARDO DIAZ, ET AL., vs NOEL C. QUIOC, ET AL.,
Considering the following deficiencies which are grounds for dismissal: 1. the petition was filed one (1) day tardy; 2. want of certification against forum shopping and affidavit of service; 3. copies of documents and pleadings (i.e., complaint, ans...
Promulgated on 2005-09-22

309. CA GR CV 49876: HEIRS OF PIO SEPE et al., vs HEIRS OF PIO SEPE SEPE et al.,
This is an appeal filed by defendant-appellant Salustiano Diaz from the Decision1 of the Regional Trial Court, Branch 29, Bislig, Surigao del Sur, in Civil Case No. 317. The dispositive portion of the appealed decision states:...
Promulgated on 2005-09-22

310. CA GR SP 60180: MARIAN SECURITY AGENCY, INC., ET. AL. VS. BERNARDINO C. SOLIVEN AND N.L.R.C. (3RD DIV.)
Before Us is a Petition for Certiorari under Rule 65 of the Rules Court seeking to annul and set aside the Resolution1 of the National Labor Relations Commission dated January 19, 2000,...
Promulgated on 2005-09-22

311. CA GR CV 83684: ARMANDO DEANG vs MAGDALENA PANGILINAN,
On March 28, 2005,1 this Court required the appellant to submit a clear and legible copy of the appealed RTC decision....
Promulgated on 2005-09-22

312. CA GR SP 88072: CREAMSHIP MANAGEMENT, INC. VS NLRC, ET AL
This is a petition for certiorari under Rule 65 of the 1997 Rules of Civil Procedure, where the petitioner questions the following resolutions of public respondent National Labor Relations Commission (NLRC):...
Promulgated on 2005-09-22

313. CA GR CV 79979: FINANCIAL BUILDING CORPORATION vs. RICARDO G. INGAL
Challenged in the instant appeal is the decision rendered by the Regional Trial Court of Manila, Branch 46, in Civil Case No. 99-92759, entitled "Financial Building Corporation vs. Ricardo G. Ingal, doing business under the name and style Bestbuilt Ste...
Promulgated on 2005-09-22

314. CA GR SP 89715: KEPPEL BANK PHILIPPINES, INC. VS NENITA C. REYES
This is a petition for review under Rule 42 of the 1997 Rules of Civil Procedure whereby the petitioner seeks the reversal of the decision dated March 14, 2005 of the Regional Trial Court (RTC) of Quezon City, Branch 100...
Promulgated on 2005-09-22

315. CA GR SP 88863: VETTE INDUSTRIAL SALES, et al., vs HON. REGIONAL TRIAL COURTOF MANILA et al.,
Impugned in this petition for certiorari, as tainted with grave abuse of discretion amounting to lack or excess of jurisdiction, is the Order1 dated December 16, 2004 of the Regional Trial Court of Manila, Branch 173, in Civil Case No. 03-105691, which...
Promulgated on 2005-09-22

316. CA GR CV 63946: VICTORY LINER, INCORPORATED, ET. AL. VS. MARIA LIZA FRANCO-CRUZ
On 4 January 1998, while a bus and a tow truck of plaintiff Victory Liner, Incorporated were parked on the highway ramp along kilometer 63, North Expressway, San Felipe, San Fernando, Pampanga, a speeding Franco Trans passenger bus suddenly rammed and...
Promulgated on 2005-09-22

317. CA GR SP 91172: E.Y INDUSTRIAL SALES, INC. & ENGRACIO YAP vs ESTRELLITA BELTRANABELARDO, et al.,
The Petition for Certiorari and Prohibition with Prayer for Temporary Restraining Order and Preliminary Injunction suffers from the following formal infirmities:...
Promulgated on 2005-09-22

318. CA GR CV 82028: ADVANCE REAL ESTATEDEVELOPMENT CORPORATION vs COMMONWEALTH INSURANCE CO., et al.,
Appeal by writ of error by the defendant Commonwealth Insurance Co., Incorporated from the Decision of the Regional Trial Court of Makati City1 in Civil Case 99-1597, the dispositive portion whereof reads:...
Promulgated on 2005-09-22

319. CA GR CV 82959: ROGELIO DAMIAN, et al., vs REPUBLIC OF THE PHILIPPINES,
The State has appealed from the Decision dated February 10, 20041 of the Metropolitan Trial Court of Pasig City, Branch 68, in LRC Case No. 53-01, granting the original registration of title over Lot 20606, Mcad-579 of the Pasig Multi-Purpose Cadastre,...
Promulgated on 2005-09-22

320. CA GR SP 87702: OVERSEAS WORKERS WELFARE ADMINISTRATION, et al. vs. HON. HENRICK P. GINGOYON, et al.
At bar is a petition for certiorari under Rule 65 of the 1997 Rules on Civil Procedure filed by the Overseas Workers Welfare Administration (OWWA, for brevity) assailing the Order dated September 30, 2004 of Branch 117 of the Regional Trial Court, Pasa...
Promulgated on 2005-09-22

321. CA GR CR 01192: PEOPLE OF THE PHILIPPINES vs.RODEL CRISOSTOMO y DE LEON @ "HAPON", JOHN DOE and PETER DOE
Rodel Crisostomo y De Leon was charged of Robbery with Homicide in Criminal Case No. 1632-M-2001 before the Regional Trial Court of Bulacan. The Information against him reads:...
Promulgated on 2005-09-22

322. CA GR SP 82482: PEDRO T. SANTOS VS. HON. ALFREDO C. FLORES
On 23 December 2002, private respondent PNOC Exploration Corporation filed a complaint against petitioner Pedro Santos for a sum of money before the Regional Trial Court, Branch 167, Pasig City, docketed as Civil Case No. 69262....
Promulgated on 2005-09-22

323. CA GR CV 65006: MARIO FERNANDEZ VS. ROBERT & LUIS SY
Plaintiff-appellant Mario Fernandez seeks a reversal of the decision1 of the Regional Trial Court of Malolos Bulacan Branch 78 in Civil Case No. 510-M-95,...
Promulgated on 2005-09-22

324. CA GR CV 63066: ANNABELLE NEBRIJA, vs REPUBLIC OF THE PHILIPPINES,
This is an appeal by the Republic of the Philippines represented by the Office of the Solicitor General ("OSG"), from the Decision dated January 28, 1999 of the Regional Trial Court, Branch 26, San Fernando, La Union, declaring Modesto Agapinan, Jr. ("...
Promulgated on 2005-09-22

325. CA GR CV 83542: ALEJANDRO E. BASA vs ROSA P. NAVALUNA,
Sought to be overturned in this appeal are: (1) The Decision dated March 17, 20041 of the Regional Trial Court of Imus, Cavite, Branch 20, in Civil Case No. 2793-03, declaring the marriage between plaintiff-appellee and defendant a nullity; and, (2) It...
Promulgated on 2005-09-22

326. CA GR CR 01250: PEOPLE OF THE PHILIPPINES VS LOUIE CHUA y WICO
This appeal was initially filed with the Supreme Court and transferred to us on February 23, 2005 pursuant to the ruling in People of the Philippines vs. Efren Mateo y Garcia (G.R. No. 147678-87, July 7, 2004)....
Promulgated on 2005-09-22

327. CA GR SP 86708: JOSE VILLAFUERTE, ET AL. vs. HEIRS OF POTENCIANO GABRIEL
Before Us is a petition for review under Rule 42 of the 1997 Rules of Civil Procedure of the Decision dated December 30, 2003 (Annex "H", Petition, pp. 74-76, Rollo) rendered by the Regional Trial Court of Malolos, Bulacan, in Civil Case No. 151-M-2003...
Promulgated on 2005-09-22

328. CA GR SP 89364: RICARDO ALLAPITAN vs. ROSENDA C. BATO
This is a petition for review under Rule 42 of the 1997 Rules of Civil Procedure of the Order dismissing the appeal dated November 25, 2004 (Annex E, Petition; p. 38, Rollo) of the Regional Trial Court of Dagupan City in Civil Case No. 2004-0224-D,...
Promulgated on 2005-09-22

329. CA GR CV 80609: NATALIA MAWIRAT VS SPOUSES BONIFACIO RAMISCAL and ESTRELITA TADUAN, ET AL
In this appeal before us, the plaintiff-appellant seeks the reversal of the decision dated July 21, 2003 of Branch 65 of the Regional Trial Court (RTC) of Tarlac City...
Promulgated on 2005-09-22

330. CA GR SP 82621: COMMISSIONER OF INTERNAL REVENUE VS COURT OF TAX APPEALS, ET AL
The issue of whether or not respondent Court of Tax Appeals (CTA) has jurisdiction over the private respondents' petition for review is brought to the fore in this petition for certiorari and prohibition under Rule 65 of the 1997 Rules of Civil Procedu...
Promulgated on 2005-09-21

331. CA GR SP 86771: LOREANA SAMMAT, et al vs. HEIRS OF BALANDINO KENGKENGAN
Before us is a Petition for Review under Rule 42 of the 1997 Rules of Civil Procedure which seeks to annul and set aside the Judgment1 dated August 23, 2004 of the Regional Trial Court (RTC), Bontoc, Mt. Province, which affirmed, on appeal, the "Judgme...
Promulgated on 2005-09-21

332. CA GR CV 83433: JOSEFINA A. MERCADO VS SYLVIA MARTINEZ ARCIAGA, et. al.
In view of the failure of the plaintiff-appellant to file her brief within the reglementary period despite receipt of the Notice To File Brief, the instant appeal is hereby DISMISSED...
Promulgated on 2005-09-21

333. CA GR SP 86404: SKYTOP SERVICE CONTRACTORS INCORPORATED VS NLRC, ET AL
Our overseas workers belong to a disadvantaged class. Most of them come from the poorest sector of our society. Their profile shows they live in suffocating slums, trapped in an environment of crimes....
Promulgated on 2005-09-21

334. CA GR SP 89477: ZENAIDA G. SERZO VS RODOLFO B. SANTOS
For failure of the petitioner to comply with our resolution of August 4, 2005 despite receipt thereof on August 11, 2005, this petition is hereby ordered DISMISSED without prejudice....
Promulgated on 2005-09-21

335. CA GR CV 83891: SARINA B. DE PADUA, vs ESTRELITA T. ENGRESO,
Appeal from the Amended Decision dated February 24, 2004 of the Regional Trial Court1 of Balayan, Batangas in Civil Case No. 4057 dismissing the complaint of Sarina B. De Padua against Estrelita T. Engreso for annulment of sale, reconveyance of propert...
Promulgated on 2005-09-21

336. CA GR CR 28512: PEOPLE vs JUN SAGUN y PACLEB,
Appeal from the Decision1 of the Regional Trial Court of Baguio, Branch 7, in Criminal Case No. 18931-R, the dispositive portion of which reads:...
Promulgated on 2005-09-21

337. CA GR SP 87902: JOSE LIM ONG vs HON. ZENAIDA T. GALAPATE-.LAGUILLES, et al.,
amended decision.The petitioner has filed a motion for reconsideration of our Decision of July 7, 2005 dismissing the petition at bench. Private respondent Philippine Asset Investment, Inc. (PAI) has tendered its comment or opposition thereto....
Promulgated on 2005-09-21

338. CA GR CV 83073: Republic of the Phils. vs. Aniceto Calubaquib, Wilma Calubaquib, Edwin Calubaquib, et al.
This is an appeal from the Judgment dated April 26, 2004 of the Regional Trial Court of Tuguegarao City, Cagayan, Branch 1 in Civil Case No. 4846 ordering the defendants to vacate the five (5)-hectare portion of land declared as military reservation an...
Promulgated on 2005-09-21

339. CA GR CV 84193: WENCESLAO D. DIAGO, ET AL VS ADELAIDA ORDONIA
This case had its genesis on January 19, 2000 when the plaintiffappellee sued the defendant-appellant for sum of money and obtained a favorable judgment from the trial court. Aggrieved, the defendantappellant elevated the case to us on appeal....
Promulgated on 2005-09-21

340. CA GR SP 91313: Al-Fatih Manpower Int'l. Services, et al. vs. Secretaries Manuel G. Imson and Danilo P. Cruz, POEA
A perusal of the present petition shows that only certified true copies of the assailed Orders dated July 22, 2004 and July 4, 2005 of respondent DOLE are attached thereto, in violation of Sec. l, Rule 65 of the l997 Rules of Civil Procedure, as amende...
Promulgated on 2005-09-21

341. CA GR SP 88367: FILIPINAS SHUTTERS, INC. and MAXIMO CHUA VS. JOSE ADOCAL, ET. AL.
For failure to tile the petition under Rule 65 within the prescribed period, the case is deemed abandoned, and is hereby declared terminated....
Promulgated on 2005-09-21

342. CA GR SP 81527: DOROTEO GARCIA, JR., ET. AL. VS. ELIAS CRISTOBAL and CELINO CRISTOBAL
Petitioners are the heirs of the late Melecia vda. De Garcia who, during her lifetime, owned 3 hectares of agricultural land located at Malibong Matanda, Pandi, Bulacan. Respondents Elias Cristobal and Celino Cristobal are the nephews of the late Magda...
Promulgated on 2005-09-21

343. CA GR SP 89541: SILVESTRE DIONELA, ET AL., vs FE BARCELIS SANTILLAN, ET AL.,
Before this Court 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 December 23, 2004 of the Regional Trial Court, Fifth Judicial Region, Branch 17, Tabaco City affirmin...
Promulgated on 2005-09-21

344. CA GR SP 82896: BGEN LYSIAS CABUSAO, AFP,et al., vs SPOUSES FLORIDA and ERNESTONONAN
Before us is a petition for review under Rule 42 of the 1997 Rules of Civil Procedure of the decision1 dated January 15, 2004 of the Regional Trial Court (RTC), Branch 66, Makati City in Civil Case No. 02-604, which reversed in toto the decision2 of th...
Promulgated on 2005-09-21

345. CA GR CV 84301: FRANKLIN L. CHAN vs JOSE DAMIAN, JR.
Before this Court is an appeal from the decision dated August 23, 2004 of the Regional Trial Court, National Capital Judicial Region, Branch 77, Quezon City in Civil Case No. Q-02- 48177...
Promulgated on 2005-09-21

346. CA GR CR 28808: People vs. Eugenio Bernal y Nerilles
On appeal is the Decision dated April 27, 2004 of the Regional Trial Court of Lipa City, Branch 12 in Criminal Case No. 0568-2002 for Murder, the dispositive portion of which reads as follows: "IN VIEW OF ALL THE FOREGOING, the Court finds the accused ...
Promulgated on 2005-09-21

347. CA GR SP 79110: RGM INDUSTRIES, INC., vs HON. ALFREDO C. FLORES,
The petitioner RGM Industries, Inc. (or hereafter RGM for brevity) by this petition for certiorari assails the Omnibus Order dated August 13, 2003 issued by the respondent Hon. Alfredo Flores, Presiding Judge of Branch 167 of the Regional Trial Court o...
Promulgated on 2005-09-21

348. CA GR SP 88134: EQUITABLE PCI BANK INC., vs HON. DIONISIO C. SISON et al
Before this Court is a Petition for Certiorari, Prohibition and Mandamus with Prayer for Preliminary Injunction seeking to nullify and invalidate the orders dated April 3, 20031 and March 5, 20042 in the consolidated Civil Case No. 301-V-99...
Promulgated on 2005-09-21

349. CA GR SP 73613: PRINCEVILLE STAR FOODS CORP., ET. AL. VS. NLRC, ET. AL
A local Jollibee food outlet at Evangelista Street, Makati is paying a heavy price under the law for terminating the services of its store manager on the wrong assumption that she was only a probationary employee whose period of service had ended....
Promulgated on 2005-09-21

350. CA GR SP 91131: WILFREDO GODOY vs THE NATIONAL LABOR RELATIONS COMMISSION CORP./EDDIE CRESCINI
Before this Court is a Petition for Certiorari seeking to nullify public respondent NLRC's resolution dated March 16, 2004 and decision dated May 30, 2005 in NLRC NCR CA No. 038529-04, NLRC SRAB-05-05-00128-03....
Promulgated on 2005-09-21

351. CA GR CR 01214: PEOPLE vs ARNOLD B. UYPICO
Before this Court is an appeal from the decision1 dated June 21, 2001 of the Regional Trial Court, Fourth Judicial Region, Branch 36, Calamba, Laguna in Criminal Case No. 7936-00-C...
Promulgated on 2005-09-21

352. CA GR CV 82852: REPUBLIC OF THE PHILIPPINES (rep.by the DPWH)vs SPOUSES LUISITO DELOS SANTOS et al.
Before this Court is an appeal from the Order1 dated November 7, 2001 and the Resolution2 dated May 12, 2003 of the Regional Trial Court, National Capital Judicial Region, Branch 213, Mandaluyong City in Civil Case No. MC-99-530...
Promulgated on 2005-09-21

353. CA GR SP 71901: DE GUZMAN, MA. THERESA M., ET. AL. VS. CIVIL SERVICE COMMISSION
The main question presented for resolution in this Petition for Certiorari is whether the ban on appointments imposed by Section 15, Article VII of the Constitution covers appointments extended by local chief executives immediately before and/or after...
Promulgated on 2005-09-21

354. CA GR SP 84767: Equitable PCI Bank, Inc. vs. Hon. Cesar D. Santamaria, etc., et al.
Equitable PCI Bank, Inc., (hereinafter referred to as petitioner), in this petition for certiorari, seeks to annul and set aside the following Orders of public respondent Hon. Cesar D. Santamaria, Presiding Judge, Regional Trial Court (RTC) of Makati City...
Promulgated on 2005-09-20

355. CA GR CR 00172: People of the Philippines vs. Datunot Untong Y Abas
Acting on the report of the Judicial Records Division that no Appellant's Brief has been filed by accused-appellant despite ample opportunity to do so, the instant appeal is hereby considered ABANDONED and DISMISSED pursuant to Section 8,...
Promulgated on 2005-09-20

356. CA GR SP 84494: Jesus Mendoza vs. N.L.R.C. & Dutch Boy Philippines, Inc.
This petition for certiorari under Rule 65 seeks to reverse and set aside the Decision dated 24 November 2003 of the National Labor Relations Commission (NLRC) as well as the NLRC's Resolution dated 26 March 2004 denying petitioner's Motion for Reconside...
Promulgated on 2005-09-20

357. CA GR CR 23083: PEOPLE VS. ROCKY SORIANO Y MIGUEL, ET. AL.
After more than 16 years of litigation, the accused Rocky Soriano, Ernesto Duclayan and Orly Nacionales, all employees of the National Food Authority assigned to its Loakan warehouse at Baguio City, were found guilty of robbery...
Promulgated on 2005-09-20

358. CA GR SP 89849: FE A. VERGARA vs UNIBANCARD CORPORATION
For the failure of petitioner Fe A. Vergara to comply with this Court?s Resolution1 dated July 18, 2005 despite due receipt2 of a copy thereof on July 26, 2005, and pursuant to Section 3, Rule 42 of the 1997 Rules of Civil Procedure, this petition for...
Promulgated on 2005-09-20

359. CA GR SP 91282: Saturnino Acosta, etc. vs. Hon. Vincent Eden C. Panay, etc., et al.
Before this Court is a petition for certiorari filed by petitioner Saturnino Acosta, represented by Nerissa A. de Jesus on 14 September 2005....
Promulgated on 2005-09-20

360. CA GR SP 91210: Emelie Mendeala, et al. vs. Hon. Francisco A. Querubin, etc., et al.
Before this Court is a petition for certiorari with motion for issuance of restraining order and/or injunction filed by petitioners on 8 September 2005....
Promulgated on 2005-09-20

361. CA GR SP 83703: PEOPLE OF THE PHILIPPINES, et al vs. HON. REGIONAL TRIAL COURT-BRANCH 61, et al
At bar is petitioner's motion for reconsideration of this Court's September 20, 2004 Resolution dismissing the instant petition for certiorari on ground of failure of this Court to acquire jurisdiction over the persons of the private respondents by the...
Promulgated on 2005-09-20

362. CA GR SP 82122: RAQUEL C. CATORCE vs. NATIONAL LABOR RELATIONS COMMISSION, et al.
Raquel C. Catorce commenced this special civil action for certiorari to assail the decision of the National Labor Relations Commission (NLRC) rendered on October 22, 2003 in NLRC NCR CA No. 033900-03, which affirmed the judgment of the Labor Arbiter d...
Promulgated on 2005-09-19

363. CA GR SP 45013: HEIRS OF CANDIDA CANOZA, ET. AL. VS. HON. JUDGE EUSTAQUIO GACOTT JR., ET. AL.
Before this Court is a petition for certiorari under Rule 65 of the Rules of Court seeking to annul and set aside the Order2 dated July 14, 1997 issued by the Regional Trial Court (RTC), Branch 47, Puerto Princesa City, for having been rendered with gr...
Promulgated on 2005-09-19

364. CA GR SP 74764: JESUS D. CRISOSTOMO, et. al. vs. MARIANO DELA CRUZ CATANGHAL, et. al.
In order for a tenancy relationship to exist, it would be essential to establish all its indispensable elements, to wit: 1) that the parties are the landowner and the tenant or agricultural lessee; 2) that the subject matter of the relationship is an...
Promulgated on 2005-09-16

365. CA GR SP 83467: ATTY. FE P. SALVADOR vs. CONSTANTINO ANGELES
As a mere lessee, he cannot assert any adverse claim of ownership over the subject property against the lessor-owner. Thus, the supposed improvements that lessee had allegedly introduced in the leased premises were done at his own risk...
Promulgated on 2005-09-16

366. CA GR CV 63626: BENJAMIN M. BAYHON, et. al. vs. WILLIAM ONG GENATO
A void or inexistent contract is one which has no force and effect from the very beginning, as if it had never been entered into. It cannot be validated either by time or by ratification. It produces no effect whatsoever either against or in favor of...
Promulgated on 2005-09-16

367. CA GR CV 83002: Erlinda G. Salaysay, et al. vs. Lee S. Garrido, et al.
For resolution is a Motion to Dismiss Appeal filed by defendants-appellees on April 7, 2005....
Promulgated on 2005-09-16

368. CA GR CV 81635: PATERNO BANTILLO vs ERNESTO TORREFIEL
Finding no new matter of substance that would warrant the modification much less the reversal of the July 11, 2005 Decision1 of this Court, the Motion for Reconsideration2 filed by defendantappellant is hereby DENIED for lack of merit....
Promulgated on 2005-09-16

369. CA GR SP 91173: CARMEN MAGCULANG vs. THE HON. MARISSA MACARAIG-GUILLEN
Before the Court is a petition for "Annulment of Judgment and Orders", alleging grave abuse of discretion committed by public respondent in the issuance of the assailed Orders. The petition is defective on its face for there is no verified statement of m...
Promulgated on 2005-09-16

370. CA GR SP 91140: SPOUSES MA. CARMELA G.MENDOZAAND JONATHAN M. MENDOZA vs FG FINANCIAL COMPANY, INC.,
The records show that the petition in caption suffers from the following deficiencies:...
Promulgated on 2005-09-16

371. CA GR SP 90875: CIUDAD GRANDE EXECUTIVEVILLAGE, CITY OF PASIG, vs HON. SECRETARY MICHAEL T.DEFENSOR,
Before us is a Motion to Admit Petition for Review filed by petitioner City of Pasig on September 2, 2005 attached to which was the Petition for Review that should have been filed on August 30, 2005....
Promulgated on 2005-09-16

372. CA GR SP 86276: AUSTRALIAN PROFESSIONAL REALTY, INC. (APRI), et. al. vs. RTC - CALAMBA, BRANCH 37, et. al.
After the RTC rendered its decision, the appellate court, the RTC, was mandated by law to afford each party to a case a period of at least fifteen (15) days from receipt of the decision of the RTC Decision, an opportunity to file a motion for reconsid...
Promulgated on 2005-09-16

373. CA GR CV 75588: FELIPE A. JARON vs. IGNACIO BUDLONG, et. al.
A co-owner has the right to sell his undivided share. If he sells the entire property without obtaining the consent of the other co-owners, the sale is not entirely null and void but only the rights of the co-owner-seller are transferred, thereby...
Promulgated on 2005-09-16

374. CA GR SP 87805: Augusto C. Soliman vs. Hon. Jesus A. Santiago, etc., et al.
Subject of the instant petition for certiorari is the Order of the Regional Trial Court of Calamba City, Branch 34 in SEC Case Nos. 44-2003-C, 49-2003-C, and 50-2003-C dated November 27, 2004....
Promulgated on 2005-09-16

375. CA GR SP 90053: UNION BANK OF THE PHILIPPINES vs HONORABLE NAPOLEON E. INOTURAN et al.,
This petition is a special civil action for certiorari and prohibition under Rule 65 of the 1997 Rules of Civil Procedure seeking the annulment of the following Orders of Judge Napoleon E. Inoturan, Presiding Judge of the Regional Trial Court, Branch 1...
Promulgated on 2005-09-16

376. CA GR CV 65176: Teresita Siao vs. Steve Serenilla
For our review through this appeal is the Decision dated, November 23, 1999, in Civil Case No. 95-73489 of the Regional trial Court of Manila, Branch 51....
Promulgated on 2005-09-16

377. CA GR CV 84523: Ram Holdings Corp. vs. Albert Zenarosa, Kazuko Aoki, et al.
For failure of the defendant-appellant to file his appellant?s brief within the authorized period per report of the Judicial Records Division dated September l3, 2005, the appeal in this case is hereby considered ABANDONED and accordingly DISMISSED pur...
Promulgated on 2005-09-16

378. CA GR CV 59808: GODOFREDO Q. FERNADEZ and CONSUELO Q. FERNANDEZ vs BATAAN ELECTRIC COOPERATIVE, ET AL.,
This is an appeal from the Decision of the Regional Trial Court, Balanga, Bataan, Branch 1, dated February 2, 1998, which is a case for reconveyance of property filed by plaintiffs-appellants Godofredo and Consuelo Fernandez against Bataan Electric Co...
Promulgated on 2005-09-16

379. CA GR SP 86726: STA. MONICA FREIGHT SERVICES, ET. AL. vs. NLRC, et. al.
Jurisprudence holds that for abandonment of work to exist, it is essential (1) that the employee must have failed to report for work or must have been absent without valid or justifiable reason; and (2) that there must have been a clear intention to s...
Promulgated on 2005-09-16

380. CA GR CV 71217: LALI D. YAP SYTENGCO vs. BENJAMIN S. JAVIER, et. al.
The basis for agency is representation and a person dealing with an agent is put upon inquiry and must discover upon his peril the authority of the agent. Every person dealing with an agent is put upon inquiry and must discover upon his peril the auth...
Promulgated on 2005-09-16

381. CA GR CR 01023: PEOPLE OF THE PHILIPPINES vs. FLORANTE ELA
For inconsistencies in the testimony of a witness to matter the inconsistencies must not only be minor or trivial but must also relate to the commission of the crime itself, because those minor inconsistencies or those inconsistencies...
Promulgated on 2005-09-16

382. CA GR SP 87715: SPOUSES EFREN and LILIA NI?OFRANCO VS THE MUNICIPALITY OF BUHI, CAMARINES SUR
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) of Branch 34, Iriga City, dated July 16, 2004, which affirmed the joint decision of the Municipal Trial Court (MT...
Promulgated on 2005-09-16

383. CA GR CR 21984: THE PEOPLE OF THE PHILIPPINES vs. NICOLAS UY DE BARON
In his 16 February 2000 "Manifestation and Motion", accused-appellee Nicolas Uy De Baron ("accused-appellee), through counsel, alleged:...
Promulgated on 2005-09-16

384. CA GR CR 24899: PEOPLE OF THE PHILIPPINES VS. ANGELINA H. CUNANAN
On appeal by accused-appellant Angelina H. Cunanan a.k.a. Neceliza Baccay Arai ("accused-appellant") is the Decision dated 12 January 2001 of the Regional Trial Court of Pasay City, Branch 117, in Criminal Case No. 98-1679 for Violation of Section 19,...
Promulgated on 2005-09-16

385. CA GR SP 89780: DIORESA C. GUMATO vs. CENTENNIAL PLASTICS CORPORATION, et al.
Before Us is the Petition for Review filed by Dioresa C. Gumato, assailing the Decision dated 22 November 2004 of Voluntary Arbitrator Apron M. Mangabat which dismissed her complaint, and the Voluntary Arbitrator's Resolution dated 5 April 2005 denyi...
Promulgated on 2005-09-16

386. CA GR SP 88704: SEVERINA D. BARRETTO, et al. vs. HON. ROSARIO C. CRUZ, et al.
Are television sets, computer and printer, aircondition units, refrigerator, freezer, cooler, microwave, toaster, coffee maker, gas stove burners, electric fan, filing cabinet, chairs and tables used by a restaurant embraced in the term " ordinary tool...
Promulgated on 2005-09-16

387. CA GR SP 87775: PACO CATHOLIC SCHOOL, et al. vs. HON. FELIXBERTO T. OLALIA, et al.
The sole issue that confronts Us in the instant petition for certiorari under Rule 65 is whether, in determining the jurisdiction of the court, the amount of moral, exemplary and nominal damages should be considered....
Promulgated on 2005-09-16

388. CA GR SP 88273: PRIME SYSTEMS (PLUS), INC. vs. HON. ANTONIO M. EUGENIO
On petition for certiorari under Rule 65 are the Orders dated 9 September 2004 and 30 November 2004 rendered by the Regional Trial Court of Manila, Branch 24. The assailed Order dated 9 September 2004 denied the petitioner's Motion to Strike Out Testi...
Promulgated on 2005-09-16

389. CA GR SP 89499: SPOUSES MARCOS P. JORGE, JR. et al. vs. MARIETA MARIANO, et al
Litigation must at some time be terminated, for public policy dictates that once a judgment becomes final, executory and unappealable, the prevailing party shall not be deprived of the...
Promulgated on 2005-09-16

390. CA GR SP 82648: WILFRED A. NICOLAS vs. HONORABLE OMBUDSMAN SIMEON V. MARCELO
In this special civil action for certiorari, petitioner Wilfred A. Nicolas seeks to reverse and set aside the Orders dated 24 May 2000 and 17 February 20042 of the Office of the Ombudsman in OMB-ADM-0-99-0509 (OMB-0-99-1231). The dispositive portion of...
Promulgated on 2005-09-16

391. CA GR SP 87180: RESTITUTO TROCINO vs. AUREA BURGOS, et al.
Administrative agencies' findings of fact in matters falling under their jurisdiction are generally accorded respect, if not finality. Here, there is no cogent reason to depart from this settled rule....
Promulgated on 2005-09-16

392. CA GR CV 82619: KARUNUNGAN NEIGHBORHOOD ASSOCIATION INC., et al. vs. DEPARTMENT OF EDUCATION, et al.
On appeal by plaintiffs-appellants Karunungan Neighborhood Association, Inc. (KNA-HOA) and its members is the Order dated 22 October 2003 of the Regional Trial Court (RTC) of Quezon City, Branch 220, denying for lack of merit their application for the ...
Promulgated on 2005-09-16

393. CA GR SP 85674: VIVIAN D. OLARTE vs. PEOPLE OF THE PHILIPPINES, et al.
Via this Petition for Certiorari & Mandamus under Rule 65 of the 1997 Rules of Civil Procedure, petitioner Vivian D. Olarte seeks to set aside and nullify the following issuances of the Regional...
Promulgated on 2005-09-16

394. CA GR CV 74374: 102 E. DE LOS SANTOS REALTY COMPANY, INCORPORATED, VS. REPUBLIC OF THE PHILIPPINES
Before Us is an Appeal from the Decision dated June 29, 2001 of the Regional Trial Court (RTC) of Mandaluyong City, Branch 214, in LRC Case No. MC-00-115, entitled "In Re: Reconstitution of Transfer Certificate of Title No. 479573 of the Registry of Deed...
Promulgated on 2005-09-16

395. CA GR SP 82523: CENTRAL BOOK SUPPLY,INC. and ATTY. JOSE AGATON R. SIBAL VS. NLRC AND LUISITO I. SAURA
Before Us is a petition for certiorari under Rule 65 of the Rules of Court, seeking to set aside the Resolutions dated November 24, 20031 and dated January 30, 20042 issued by the National Labor Relations Commission (NLRC) in NLRC NCR CA No. 036073-03,...
Promulgated on 2005-09-16

396. CA GR SP 86630: ELEONOR P. BUNAGCABACUNGAN VS FELICIANO B. DUYON
n this petition for review, petitioner Eleonor Bunag- Cabacungan seeks to reverse and set aside the following issuances of the Office of the Ombudman for Luzon: 1) the decision dated December 11, 2003...
Promulgated on 2005-09-16

397. CA GR SP 60109: ANIEVAS, BENITO, JR., ET. AL. VS. NLRC & NATIONAL STEEL CORP.
Before this Court is a Petition for Certiorari under Rule 65 of the Rules of Court which seeks to reverse and set aside the Resolution1 dated October 21, 1999 rendered by the National Labor Relations Commission (NLRC), Second Division, in NLRC NCR Nos....
Promulgated on 2005-09-16

398. CA GR SP 56464: NOAH?S ARK SUGAR REFINERY, ET. AL. VS. HON. ELIHU A. YBANEZ, ET. AL.
Before this Court is a petition for certiorari under Rule 65 of the Rules of Court which seeks to annul and set aside the Order dated November 23, 1999 of the Regional Trial Court (RTC) of Balayan, Batangas, Branch 9, in Civil Case No. 3243. The assail...
Promulgated on 2005-09-16

399. CA GR CV 60254: MARIE BELTRAN MANUEL, ET. AL. VS. SPOUSES GEORGE RAYOS and GENOVEVA RAYOS, ET. AL.
This is an appeal from the Decision dated March 5, 1998 of Branch 40 of the Regional Trial Court of Dagupan City in Civil Case No. D-10398 entitled ?Marie Beltran Manuel, et al., plaintiffs vs. Sps. George and Genoveva Rayos, et al., defendants? for sum o...
Promulgated on 2005-09-16

400. CA GR CV 58984: PILIPINAS MAINTENANCE SERVICES CORPORATION VS. INLAND TRAILWAYS, INC.
This is an appeal from the June 23, 1997 Decision (Rollo,pp. 70-88) of the Regional Trial Court, Branch CLXVIII (168), City of Pasig, which denied plaintiff-appellant?s Complaint for Sum of Money, docketed as Civil Case No. 61072,...
Promulgated on 2005-09-16

401. CA GR CV 54338: SPS. GREGORIO GALLOFIN,and FLOR GALLOFIN VS. GREGORIO BAUTISTA, ET. AL.
Before Us is an appeal from the Order dated May 31, 1993 of Branch 53 of the Regional Trial Court of Manila dismissing, without prejudice, Civil Case No. 90-54004 entitled ?Spouses Gregorio Gallofin and Flor Gallofin, plaintiffs vs. Gregorio Bautista, Rod...
Promulgated on 2005-09-16

402. CA GR SP 89284: PRYCE GASES, INC. VS. THE HON. PRISCILLA MIJARES, ET. AL.
Before us is a Petition for Certiorari and Prohibition with Preliminary Injunction and/or Temporary Restraining Order, assailing the two (2) Orders (Rollo, pp. 17 and 24), dated January 11, 2005 and February 22, 2005, respectively, of the Regional Tria...
Promulgated on 2005-09-16

403. CA GR SP 81560: VERONICA NEJAL VS. HON. BRICCIO C. YGA?A, ET. AL.
This is a Petition for Certiorari filed pursuant to Rule 65 of the 1997 Rules of Court assailing the following Orders issued by the Regional Trial Court of Pasig City, Branch 153, in Civil Case No. 69214,...
Promulgated on 2005-09-16

404. CA GR SP 87628: LAGING QLEAN JANITORIAL SERVICES/ PLACIDO O. URBANES, JR. VS. NLRC AND LORENZO CORRAL
Assailed in this petition for certiorari1 with prayer for the issuance of a Temporary Restraining Order (TRO) and/or a Writ of Preliminary Injunction, are the Resolutions dated 4 August 20042 and 24 September 20043 of the National Labor Relations Commissi...
Promulgated on 2005-09-16

405. CA GR SP 87925: ANTONIO R. BAUTISTA vs. MA. DELIA CARMELA C. CIOCON
Before the Court is petitioner's ?Motion to Dismiss? dated August 18, 2005 praying for the dismissal of the petition for having become moot. Allegedly, the petition ?mainly prays for the transfer of the preliminary investigation from Bacolod City to the D...
Promulgated on 2005-09-16

406. CA GR CR 00610: PEOPLE OF THE PHILIPPINES vs. HECTOR PAROHINOG y DELA VEA
On appeal is the joint Decision dated 18 January 2002 of Branch 24 of the Regional Trial Court of Manila in Criminal Cases Nos. 93-115431, 93-115432 and 93-115433, for Illegal Recruitment in a Large Scale and two (2) counts of Estafa, the dispositive p...
Promulgated on 2005-09-16

407. CA GR CV 73652: DONNE RANDOLF M. FRAMIL, vs. MARIE ELAINE U. NAPIZA
This is an appeal from the Decision of the Regional Trial Court of Santa Cruz, Laguna, Branch 26, dated January 4, 2002 dismissing the petition for declaration of nullity of the marriage of plaintiffappellant DONNE RANDOLF FRAMIL and defendant-appellee...
Promulgated on 2005-09-16

408. CA GR SP 59887: ALBERTO CHINALPAN et al vs NATHANIEL GANABAN,
Petitioners spouses Alberto and Letty Chinalpan and spouses Baltazar Chinalpan (or petitioners for brevity) by this petition for review seek the reversal of the Decision of Branch 35 of the Regional Trial Court stationed in Bontoc, Mountain Province, w...
Promulgated on 2005-09-16

409. CA GR SP 82928: SALOME FERNANDEZ VS. EDGARDO CASENAS, ET. AL
This petition for review seeks the reversal and setting aside of the Order dated December 22, 2003 issued by the Regional Trial Court of Puerto Princesa City, Branch 48, in Civil Case No. 3680...
Promulgated on 2005-09-16

410. CA GR SP 83542: BPI VS. HON. BIENVENIDO A. MAGPAYE, ET AL.
Challenged in this petition for certiorari filed pursuant to Rule 65 of the 1997 Rules of Civil Procedure are the Orders dated January 26, 2004 and February 12, 2004...
Promulgated on 2005-09-16

411. CA GR SP 91239: ROSELLER BOLALIN, et. al. VS THE HON. JUDGE JOSUE ERNACIO, et. al.
The instant Petition for Annulment of Judgment With Prayer For the Issuance Of A Temporary Restraining Order And/Or Writ Of Preliminary...
Promulgated on 2005-09-16

412. CA GR SP 91167: ALEX N. OCAMPO VS HON. ARMANDO A. YANGA, et. al.
The instant Petition For Certiorari And Mandamus is ordered DISMISSED for the following reason: Paragraph 2 of the Verification and Certification of Non-Forum Shopping of the instant petition states:...
Promulgated on 2005-09-16

413. CA GR SP 91242: PANAY VETERANS SECURITY AND INVESTIGATION AGENCY, INC., VS THE NATIONAL LABOR RELATIONS COMMISSION
The instant petition for certiorari is ordered DISMISSED for the following reasons:...
Promulgated on 2005-09-16

414. CA GR SP 88400: MA. RHODA FILIPINA-BALUYUT et al., vs HON. RODOLFO R. BONIFACIO et al.,
This petition for certiorari, prohibition, and mandamus1 seeks: (1) to nullify and set aside, as tainted with grave abuse of discretion, amounting to lack or excess of jurisdiction, the Orders issued on February 16, 2004, on June 10, 2004, on July 16,...
Promulgated on 2005-09-16

415. CA GR SP 85557: VICENTE Y. LIM, JR., et al., vs MARY ANN P. AQUINO et al.,
Appeal by petition for review from the March 12, 2004 Decision1 of the Regional Trial Court (RTC) of Manila, Branch 26, reversing the Consolidated Decision2 of the Metropolitan Trial Court (MeTC) of Manila, Branch 15, in Civil Case Nos. 146818-CV to 14...
Promulgated on 2005-09-16

416. CA GR SP 91224: LUCIANNE CHAM FRIEDLANDER VS HON. FATIMA GONZALES-ASDALA, et. al.
The instant Petition For Certiorari With Preliminary Injunction And/Or Temporary Restraining Order is ordered DISMISSED...
Promulgated on 2005-09-16

417. CA GR SP 91127: HILARIO P. SORIANO VS. HON. BASILIO R. GABO, JR., ET. AL.
Before us is a Petition for Certiorari with Prayer for Writ of Preliminary Injunction and Temporary Restraining Order under Rule 65 of the 1997 Rules of Civil Procedure,...
Promulgated on 2005-09-16

418. CA GR SP 77373: SPOUSES ALFREDO PINEDA et al., vs BENJAMIN YAMPAN,
This appeal by petition for review seeks to overturn the decision of the Regional Trial Court, Branch 36, at Bontoc, Mountain Province, in Civil Case No. 1086, which reversed the judgment of the Municipal Circuit Trial Court of Bauko- Sabangan, Bauko,...
Promulgated on 2005-09-16

419. CA GR CR 00236: PEOPLE vs CID BELTRAN y YASAY &JUNE BELTRAN y COLOMA,
This is an appeal from the April 11, 2003 Decision1 of the Regional Trial Court, Branch 135, Makati City, in Criminal Case Nos. 02-2129, 02- 2130 and 02-2131, finding accused-appellants Cid Beltran (?Cid?) and June Beltran (?June?) guilty beyond reason...
Promulgated on 2005-09-16

420. CA GR SP 73927: MONOLITH CONSTRUCTION & DEVELOPMENT CORP. vs HON. PATRICIA STO. TOMAS, et al
Through this Petition for Certiorari, Monolith Construction and Development Corporation (or Monolith for brevity) assails the Decision dated August 30, 2002 of the respondent Secretary of the Department of Labor and Employment which affirmed the Decisi...
Promulgated on 2005-09-16

421. CA GR SP 58749: MARIO VILLACENTINO et al vs EFREN B. RIVERA,
The petitioners Mario Villacentino and Francisco Esteban (or the petitioners for brevity, unless individualized by their surnames) by this Petition for Review, seek to nullify and set aside the: (a) Decision dated January 10, 2000 of Branch 20 of the R...
Promulgated on 2005-09-16

422. CA GR SP 56380: MARIA RECTO-QUE et al vs HON. CARIDAD H. GRECIA-CUERDO, et al
Maria Recto-Que and Romeo Que (or the Ques) by this Amended Petition for Certiorari hereby assail the Decision dated November 5, 1999 of the respondent Hon. Caridad Grecia-Cuerdo, Presiding Judge of Branch 113 of the Regional Trial Court of Pasay City,...
Promulgated on 2005-09-16

423. CA GR SP 55612: SOFRONIO TOLIN, et al vs HON. FELIX S. CABALLES et al
At bar is a Petition for Annulment of Judgment with a Prayer for Temporary Restraining Order or Preliminary Injunction filed by the above enumerated petitioners, notable of whom is Annie Jimenez,seeking to nullify and set aside the Decision dated June 5...
Promulgated on 2005-09-16

424. CA GR SP 55051: POSADAS-MOYA & ASSOCIATES CONSTRUCTION CO., INC., vs GREENFIELD DEVELOPMENT CORPORATION, et al
The petitioner Posadas-Moya & Associates Construction Company, Inc. (or hereafter Posadas-Moya) entered into five (5) Construction Agreements / Contracts with United Laboratories, Inc. (or UNILAB), the respondents Greenfield Development Corporation (or...
Promulgated on 2005-09-16

425. CA GR SP 54397: TEDDY MOLINA et al , vs RAYMUNDO A. ARMOVIT et al
In their Amended Petition for Certiorari and Prohibition (pp. 513- 538, rollo), the petitioners Teddy Molina, Juliet Pascual, Isagani Yambot and Letty Jimenez-Magsanoc (or hereafter the petitioners unless individually referred to by their surnames) see...
Promulgated on 2005-09-16

426. CA GR CV 83610: ROSEFINA SILVA Vda. De BAUTISTA, vs VICENTE BAUTISTA, et al
Rosefina Silva Vda. de Bautista (or hereafter Rosefina) appealed from the judgment rendered by the Regional Trial Court in Santiago City, dismissing her suit for Injunction and Reconveyance with Damages against her brother-in-law Vicente Bautista (or V...
Promulgated on 2005-09-16

427. CA GR SP 87848: SFTI CONSTRUCTION CORPORATION et al vs NATIONAL LABOR RELATIONS COMMISSION and ROLANDO F. FANTONE
Finding no new matter of substance that would warrant the modification much less the reversal of the July 26 2005 Decision of this Court, the Motion for Partial Reconsideration1 filed by the private respondent is hereby DENIED for lack of merit....
Promulgated on 2005-09-16

428. CA GR CR 28179: PEOPLE vs ROSALINDA ATIENZA Y SEDILLA,
Amended Decision.For resolution is the motion for reconsideration of our Decision dated February 24, 2005, filed by accused-appellant Rosalinda Atienza, wherein we affirmed her conviction of the crime of estafa, defined and penalized under Article 315,...
Promulgated on 2005-09-16

429. CA GR SP 86635: L&M MAXCO CO. INC., vs CONSTRUCTION INDUSTRY ARBITRATION COMMISSION AND ASIA-CON BUILDERS INC.,
Finding no new matter of substance that would warrant the modification much less the reversal of the May 19, 2005 Decision of this Court, the Motion for Reconsideration1 filed by the petitioner is hereby DENIED for lack of merit....
Promulgated on 2005-09-16

430. CA GR SP 87647: TOMAS VILLANUEVA et al., vs ASIA TRADERS INSURANCECORPORATION
This is an appeal, by petition for review, from the Judgment, dated April 28, 2004, of the Regional Trial Court (RTC) of Manila, Branch 3, rendered in Civil Case No. 03-108422....
Promulgated on 2005-09-16

431. CA GR SP 79791: BRO. BERNARD OCA, et al vs HON.NORBERT J. QUISUMBING, JR., et al
This is a petition for certiorari impugning the Order dated August 5, 2003 of the Regional Trial Court, Branch 21 of Imus, Cavite, which ordered the petitioners to submit an accounting and to turn over to Ms. Herminia Reynante (Reynante) all money coll...
Promulgated on 2005-09-16

432. CA GR CR 01145: PEOPLE vs JUANITO IBANEZ,
For Our consideration is the Motion to Withdraw Appeal filed by accused-appellant's counsel stating that the accused-appellant, after a review of his case and after serious consideration of his present condition at the Iwahig Prison and Penal Farm, Pue...
Promulgated on 2005-09-16

433. CA GR SP 79175: SUNNYLINE SHIPPING CENTER, et al vs NLRC, et al
Before us is a petition for certiorari seeking to set aside the 29 January 2003 Decision of the National Labor Relations Commission (NLRC), Second Division, in a case for illegal dismissal docketed as NLRC NCR CA No. 032547- 02. The decretal portion re...
Promulgated on 2005-09-16

434. CA GR SP 91189: MARICRIS FRANKEN, vs POI BENJAMIN PASTORES, PNP Puerto Princesa City, EFREN BALLADRES, ET AL.,
This resolves petitioner's Motion for Extension of Time to File Petition for Review praying that she be granted an extension of fifteen (15) days from September 7, 2005 or until September 22, 2005 within which to file her petition....
Promulgated on 2005-09-16

435. CA GR SP 78624: GLAD SECURITY AND PROTECTIVE SERVICES, et al vs DOLE, et al
Before us is a petition for certiorari under Rule 65 of the Rules of Court assailing the 28 January 2003 Order issued by the Department of Labor and Employment (DOLE) in OS-LS-1112-2002- 095 entitled "Manuel Amata, et al. vs. Glad Security and Protecti...
Promulgated on 2005-09-16

436. CA GR SP 76628: Jose Agmata vs Spouses Joseph Addun and Carlota Addun
Petitioner is seeking the reversal of the Decision dated March 31, 2003 of Branch 125, Regional Trial Court (RTC) of Caloocan City in Civil Case No. C-26227 which affirmed the Decision dated August 2, 2002 of Branch 53, Metropolitan Trial Court (MTC) i...
Promulgated on 2005-09-16

437. CA GR CV 77673: SPOUSES BARTOLOME and MAGDALENA COBARRUBIAS vs SPOUSES PACIFICO and LEONORA FAJARDO
This is an appeal by the plaintiffs-appellants, the spouses Bartolome and Magdalena Cobarrubias (Cobarrubiases) from the Decision of the Regional Trial Court of Cabanatuan City, Branch 25 in their complaint for recovery of possession with damages again...
Promulgated on 2005-09-16

438. CA GR CV 58802: ANGELITA ESLAVA vs REPUBLIC OF THE PHILIPPINES
Before us is an ordinary appeal under Rule 41 assailing the January 7, 1997 Order of the Regional Trial Court of Calapan, Oriental Mindoro, Branch 39, in Petition No. 18,655. The decretal portion reads:...
Promulgated on 2005-09-16

439. CA GR SP 90424: Charito Sales, Joselyn Agbayani, et al. vs. Pechaten Corp.
This is a petition for review under Rule 42 seeking to reverse and set aside the Order dated March 22, 2005 of the Regional Trial Court of Manila, Branch 34 in Civil Case No. 04-111212 affirming in toto the Decision dated September 24, 2004 of the Metr...
Promulgated on 2005-09-16

440. CA GR SP 90109: Evangeline P. Credo vs. Pangasinan RTC Judge Emma Bauzon, People of the Phils, Cecilia B. Daranciang
This is a petition for certiorari, prohibition and mandamus with prayer for a temporary restraining order/writ of preliminary injunction seeking to annul and set aside the Resolution dated May 18, 2005 denying petitioner's motion for reconsideration of...
Promulgated on 2005-09-16

441. CA GR SP 90611: Domingo P. Gaw vs. Department of Justice, Joseph Abunda Uy
This is a petition for certiorari, prohibition and mandamus with prayer for a temporary restraining order/writ of preliminary injunction seeking to annul and set aside the Resolution dated May 18, 2005 denying petitioner's motion for reconsideration of...
Promulgated on 2005-09-16

442. CA GR SP 87568: BUREAU OF CUSTOMS, et al, vs. HON. VICENTE A. HIDALGO, et al
Before us is a Petition for Certiorari under Rule 65 of the 1997 Rules of Civil Procedure with prayer for injunctive relief filed by petitioners Bureau of Customs (BOC), et al. against respondent judge and Global Armstrong, Inc....
Promulgated on 2005-09-16

443. CA GR SP 85569: ATTY. CAROLINA R. RAMOS vs NATIONAL LABOR RELATIONS COMMISSION, Third Division, ET AL
Petitioner seeks reconsideration of Our decision dated May 16, 2005 which denied the petition....
Promulgated on 2005-09-16

444. CA GR SP 84555: SPS. FRANCISCO CHAVEZ, et. al. vs. DR. AIREEN A. CRUZ,
Referring this case for mediation, parties in this case by themselves, together with Spouses Francisco and Amelia Viscarra submitted a Compromise Agreement, dated August 11, 2005 embodying the following terms and conditions, to wit:...
Promulgated on 2005-09-16

445. CA GR SP 81700: THELMO LALIC VS RAMON P. CASUPANAN, JR.
By way of a petition for review under Rule 43 of the 1997 Rules of Civil Procedure, as amended, the petitioner assails the September 8, 2003 and the November 13, 2003 orders of the Office of the Deputy Ombudsman for Luzon in OMB-L-C-03-0810-G....
Promulgated on 2005-09-16

446. CA GR SP 81220: DE LA SALLE UNIVERSITY EMPLOYEES ASSOCIATION (DLSUEA-NAFTEU) vs NLRC, et al
This is a petition for certiorari impugning the Order dated June 26,2003 of National Labor Relations Commission (NLRC) which affirmed the decision of the Labor Arbiter declaring that the actions of the private respondents in withholding the union dues...
Promulgated on 2005-09-16

447. CA GR SP 87476: MATRIX CORPORATE SECURITY & GENERAL SERVICES, INC. vs NATIONAL LABOR RELATIONS COMMISSION, 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 October 20, 2003 and Resolution dated October 19, 2004 of the National Labor Relations Commission...
Promulgated on 2005-09-16

448. CA GR CV 54348: GERONIMO M. PINEDA,, ET. AL. VS. SPS. SANTOS and MOLLY TIU, ET. AL
The propriety of the exercise of the right of legal redemption pursuant to Articles 1620 and 1622 of the Civil Code of the Philippines is at the heart of this appeal from the Decision dated May 20, 1996 rendered by the Regional Trial Court of Quezon Ci...
Promulgated on 2005-09-16

449. CA GR CR 00882: PEOPLE vs AMADOR SEGOBRE Y QUIJANO,
The Notice of Appeal filed by accused-appellant through his counsel having been filed within the reglementary period, is hereby given due course....
Promulgated on 2005-09-16

450. CA GR SP 81065: CONRADO ECHIPARE, et al vs NLRC, et al
Assailed in this Petition for Certiorari under Rule 65 of the Revised Rules of Civil Procedure are the following: a) Decision of the National Labor Relations Commission in NLRC Case No. Sub RAB 05- 0002-00 and NLRC CA No. 031801-02 dated September 24,...
Promulgated on 2005-09-16

451. CA GR SP 88125: UNIVERSITY OF THE PHILIPPINES SYSTEM, et al. vs HON. AGUSTIN S.DIZON, et al.
ASSAILED in this petition for certiorari is the Order, dated December 21, 2004, of the Regional Trial Court in Quezon City granting the motion to release the garnished amount and ordering the Development Bank of the Philippines, Commonwealth Branch, Que...
Promulgated on 2005-09-16

452. CA GR SP 62527: PEOPLE OF THE PHILIPPINES vs HON. FATIMA GONZALES-ASDALA, et al.
BEFORE the Court is a petition for certiorari assailing the Orders dated July 26, 2000 and September 21, 2000, of respondent Judge Fatima Gonzales-Asdala, deeming the prosecution to have rested its case for failure of the public prosecutor to appear f...
Promulgated on 2005-09-16

453. CA GR CV 80927: HEIRS OF TOMAS DOLLETON ET AL., vs FIL-ESTATE MANAGEMENT,INC., ET AL.
This is an appeal filed from the Resolutions dated September 8, 2000 and June 30, 2003 of the Regional Trial Court, Branch 253, Las Pi?as City, in Civil Case Nos. LP-97-0228-0231, 0236-37 and 0238-39...
Promulgated on 2005-09-16

454. CA GR SP 88046: HEIRS OF LORENZO DOLLETON, et al vs HON. ALBERTO L. LERMA, et al
Challenged in this Petition under Rule 65 of the Revised Rules of Court are the following Orders issued by the Presiding Judge of Branch 256 of the Regional Trial Court (RTC) of Muntinlupa City:...
Promulgated on 2005-09-16

455. CA GR SP 75600: CONCHITA BALMEO VS. WILFREDO CASTILLO,
Before us is a petition for review filed pursuant to Rule 42 of the 1997 Rules of Civil Procedure assailing the Decision dated July 26, 2002 rendered by the Regional Trial Court of Caloocan City, Branch 131...
Promulgated on 2005-09-15

456. CA GR CV 84369: SARA LEE PHILIPPINES, INC. VS. CITY OF MANILA, ET. AL.
Before us is the June 7, 2005 motion filed by appellee Sara Lee Philippines, Inc., which seeks the dismissal of this ordinary appeal perfected from the February 26, 2003 Decision issued by the Regional Trial Court of Manila, Branch 55, in Civil Case No...
Promulgated on 2005-09-15

457. CA GR SP 86478: GLORIA S. DY VS. MANDY COMMODITIES CO., INC.
Treated as one filed pursuant to Rule 42 of the 1997 Rules of Civil Procedure, the petition at bench seeks the review of the July 12, 2004 Decision rendered by the Regional Trial Court of Manila, Branch 30...
Promulgated on 2005-09-15

458. CA GR CV 78920: BANK OF PHILIPPINE ISLANDS vs. ASIAN CONSTRUCTION & DEVELOPMENT CORPORATION
This is an appeal from the Decision (Records, pp. 154- 161) of the Regional Trial Court, Makati City, Branch 60, dated 4 March 2003 in Civil Case No. 01-1693 for "Collection of Money" decided in favor of plaintiff-appellee Bank of Philippine Islands (...
Promulgated on 2005-09-15

459. CA GR SP 91045: ROBERTO FELIX, vs TOMAS PATITO,
At hand is a petition for review with prayer for the issuance of temporary restraining order and/or writ of preliminary injunction....
Promulgated on 2005-09-15

460. CA GR SP 57611: R.L. PHILS. GARMENTS CORPORATION vs NLRC (Third Division),ET AL.
Before Us is a Petition for Certiorari1 assailing the Decision2 dated 29 October 1999 and Resolution3 dated 29 December 1999 of the National Labor Relations Commission (Third Division) in NLRC NCR CA Case No. 018207-99 (NCR 00-04-03117-97). The disposi...
Promulgated on 2005-09-15

461. CA GR CV 75711: ARMIE PUNO vs REPUBLIC OF THE PHILIPPINES, et al.
Before this Court is an ordinary appeal of the Order dated 28 May 2002, which dismissed appellant's Petition for change of name, and of the Order dated 21 June 2002, which denied appellant's motion for reconsideration, issued by the Regional Trial Cour...
Promulgated on 2005-09-15

462. CA GR SP 83039: NEIL SERRANO, RAMON PANOY, ET AL. vs ESPERANZA ROSANA, ET AL.
Before Us is a Petition for Review under Rule 42 of the 1997 Rules of Civil Procedure of the Decision1 dated 22 January 2004 rendered by the Regional Trial Court, Fifth Judicial Region, Branch 19, Naga City in Civil Case No. 2003-061 entitled "Neil Ser...
Promulgated on 2005-09-15

463. CA GR CV 57678: EDITHA C. COQUIA vs. ACI PHILIPPINES, INC.
The appellant herein assails the Decision of the trial court, ordering: (1) the defendant to accept deliveries of washed cullets contracted for under Purchase Order No. 106211 (Exh. "A"), and to pay for said deliveries within ten (10) days from each de...
Promulgated on 2005-09-15

464. CA GR SP 89070: RUBEN BONGAT vs. REGIONAL TRIAL COURT ANTIPOLO CITY, BRANCH 74
For petitioner's failure to comply with the Court's Resolution dated May 24, 2005 ordering petitioner to submit the complete and correct current address of private respondent RCBC Savings Bank, the petition is dismissed....
Promulgated on 2005-09-15

465. CA GR SP 89743: VERONICA D. BILAG, et al vs. OFFICE OF THE PRESIDENT
The instant Petition is hereby ordered dismissed for being a wrong mode of appeal, pursuant to Section 1, Rule 43 and Section 2, Rule 50 of the 1999 Rules of Civil Procedure....
Promulgated on 2005-09-15

466. CA GR SP 83335: Felix De Guzman, Aniceto Amascual, Nanding Bancoro, Jose Batiao, et al. vs. NLRC, Nestle Phils., Inc
This is a petition for certiorari assailing the September 30, 2003 Decision of the National Labor Relations Commission in NLRC NCR CA No. 034446-03, entitled Balangon v. Nestle Phils., Inc., dismissing petitioners' appeal from the December 19, 2002 Deci...
Promulgated on 2005-09-15

467. CA GR SP 78672: GREGORIO ROBLES, JR. VS. HERMINIA ESTRELLA
Petitioner filed with the Bureau of Lands a miscellaneous sales application (MSA), sometime before June 1983, for the purchase of a 370 square-meter public lot at no. 19 Otero Avenue, Mabayuan, Olangapo. On 20 June 1983, the Bureau of Lands issued a n...
Promulgated on 2005-09-15

468. CA GR SP 84586: MARK D. JALANDONI VS CARMEN VILLANUEVA-LOPEZ,
In this petition for review under Rule 42 of the 1997 Rules of Civil Procedure, the petitioner seeks the reversal of the decision dated August 28, 2003 of the Regional Trial Court (RTC), Branch 77 of Quezon City...
Promulgated on 2005-09-15

469. CA GR SP 81239: REXLON REALTY GROUP, INC. VS. HON. PRESIDING JUDGE WILFREDO T. NIEVES, ET. AL.
This is a petition for review of the decision of the Regional Trial Court, Branch 84, Malolos, Bulacan, which reversed the decision of the Municipal Trial Court of Marilao, Bulacan, and dismissed the action for unlawful detainer filed by Rexlon Realty...
Promulgated on 2005-09-15

470. CA GR SP 87254: MAURO BAUTISTA, ET AL VS INOCENCIO MELECIO, ET AL
This is a property dispute between a brother and a sister, both claiming ownership over a 17-square-meter portion of a parcel of land adjoining their respective properties....
Promulgated on 2005-09-15

471. CA GR SP 59940: BOOKMEDIA PRESS, INC., ET. AL. VS. LENARDO SINAJON, ET. AL.
Rules of procedure exist not only to protect parties to a controversy but also to ensure the speedy disposition of cases. In the interest of justice and fair play, the courts may, however, grant exceptions to the rules of procedure if it is shown that...
Promulgated on 2005-09-15

472. CA GR SP 90264: PHILAM SAVINGS BANK VS. SPS. MEDELIANO ROLDAN, JR. and AMELIA ROLDAN
As the petition for review lacks an explanation why personal service of a copy upon respondents was not resorted to, the petition is hereby DISMISSED. SO ORDERED....
Promulgated on 2005-09-15

473. CA GR CV 66473: Paul Edgar Inso ; Rosalina Inso vs. Francisco Manozon Roque
Challenged in this appeal is the April 26, 1999 Decision of the Regional Trial Court, Branch 59, Baguio City, in Civil Case No. 2794-R and Civil Case No. 2796-R, both civil actions for damages filed separately by Rosalina Inso and her son, Paul Edgar I...
Promulgated on 2005-09-15

474. CA GR CR 28668: PEOPLE OF THE PHILIPPINES VS. DANILO MEJIA
As prayed for by accused-appellant, with the assistance of counsel, the appeal of said accused-appellant is declared withdrawn....
Promulgated on 2005-09-15

475. CA GR CV 72159: NORBERTO D. OLEGARIO II VS. MARIA DIVINA MEDELOLEGARIO, ET. AL.
On appeal is the Decision of Branch 261 of the Regional Trial Court of Pasig City, dated July 30, 2001, which declared the marriage between petitioner-appellee Norberto D. Olegario II and respondent Maria Divina Medel- Olegario null and void ab initio on...
Promulgated on 2005-09-15

476. CA GR SP 89948: Estate of Rosita F. Ordo￱ez vs. Fely & Dominador Yabes Saranay Marcos, Fidel Yabes, et al
Subject of this resolution is the Motion for Reconsideration of the Resolution, dated June 22, 2005, dismissing the petition filed by petitioner Estate of Rosita F. Ordo￱ez, represented by Luz F. Carreon, for failing to attach copies of pleadings fil...
Promulgated on 2005-09-15

477. CA GR CR 00212: PEOPLE OF THE PHILIPPINES vs JOEY TION y CABADDU
Before this Court for intermediate review is the Decision1 dated 26 June 2002, promulgated on 02 July 2002 by the Regional Trial Court, Second Judicial Region, Aparri, Cagayan, Branch 08, in the case entitled, ￯﾿ᄑPeople of the Philippines vs. Joe...
Promulgated on 2005-09-15

478. CA GR SP 81690: FIL-ESTATE GOLF & DEVELOPMENT, INC. VS CENTURY IRON WORKS, INC., ET AL
Whether or not a contract of sale has been perfected is the main issue before us in this petition for review under Rule 43 of the 1997 Rules of Civil Procedure, which seeks to set aside the following issuances of the Office of the President in O.P. Cas...
Promulgated on 2005-09-15

479. CA GR CV 68610: Sps. Severino and Fortunata Pascual vs. Ruben Yumul
At bar is an appeal from the: (1) May 23, 2000 Order of the Regional Trial Court, Branch 153, Pasig City, dismissing the complaint for specific performance and damages filed by spouses Severino and Fortunata Pascual (plaintiffs-appellants) against Rube...
Promulgated on 2005-09-15

480. CA GR CR 28567: PEOPLE OF THE PHILIPPINES VS. PEDRO ADORA Y MACAYAYONG
Pedro M. Adora, seeks in this appeal the reversal of the Decision of the Regional Trial Court of Manila, Branch 33 finding him guilty beyond reasonable doubt of the crime of homicide...
Promulgated on 2005-09-14

481. CA GR CV 52914: PASCUAL L. JAVIER VS. PEDRO NAVARRETTE, ET AL.
An appeal from the Decision of the Regional Trial Court of Nueva Ecija, sitting in Cabanatuan City, Branch 27, in its Civil Case No. 1171...
Promulgated on 2005-09-14

482. CA GR CV 55453: UNIX MARKETING, INC., vs. ANGLO-AMERICAN APPAREL, INC., et. al.
This is an appeal from the Decision of the Regional Trial Court of Makati City, Branch 62, dated May 7, 1996, dismissing plaintiffappellant's complaint for a sum of money as well as defendantsappellees' counterclaim, the dispositive portion of which re...
Promulgated on 2005-09-14

483. CA GR CV 54554: PAN MALAYAN INSURANCE CORP. VS. JULIAN DIVINAGRACIA, JR., ET AL.
This is an appeal from the Decision of the Regional Trial Court,Branch 140, of Makati City, in Civil Case No. 18698, dated September 1, 1995...
Promulgated on 2005-09-14

484. CA GR SP 82178: MARIA E. ARI?EZ, vs. SPS. MABINI et al.
This is an appeal by way of a Petition for Review under Rule 42 of the 1997 Revised Rules of Court from the decision dated 29 December 2003 of the Regional Trial Court of Quezon City, Branch 96, in Civil Case No. Q-03-48785....
Promulgated on 2005-09-14

485. CA GR SP 80248: Prestige Cruises, Inc., James Delos Reyes vs. Malabon City RTC Br.74 Judges, R & R Shiplift Systems
This is a petition for certiorari under Rule 65 of the 1997 Revised Rules of Civil Procedure seeking the reversal and setting aside of 1] the December 2, 2002 Order of the Regional Trial Court, Branch 74, Malabon City, in Civil Case No. 3408-MN denying...
Promulgated on 2005-09-14

486. CA GR CV 60900: SPS. EPHRAIM AND JESUSA BASCO, et al, vs. EDWARD C. MOTOOMUL, et al
Appealed by both parties is the Decision dated February 25, 1998 of the Regional Trial Court, Branch 60 of Angeles City in Civil Case No. 4580 in a complaint for damages filed by plaintiffs on November 21, 1985 as a result of a vehicular accident causin...
Promulgated on 2005-09-14

487. CA GR CV 82645: FERNANDO L. ARADA vs.LAGUNA LAKE DEVELOPMENT AUTHORITY, ETC., et al.
In a Decision dated April 1, 2004, the Regional Trial Court of Binangonan, Rizal, granted the application of Fernando L. Arada for the registration of a portion of Lot No. 372, Segregation Plan Sgs-04-000838-D, situated in Barangay Libid, Municipality...
Promulgated on 2005-09-14

488. CA GR CV 69471: FIRST ASIA REALTY DEVELOPMENT CORPORATION VS. E. T. AMUSEMENT INNOVATORS, INC.
The controversy, from which the case arose, has to do with the payment of rentals after the termination of a lease contract. Appellant E.T. Amusement Innovators, Inc. assails the decision1 of the Regional Trial Court of Makati City, Branch 150, orderin...
Promulgated on 2005-09-14

489. CA GR SP 80251: EDUARDO B. OLAGUER, ET. AL. VS. THE OFFICE OF THE OMBUDSMAN, ET. AL.
This is a Petition for Certiorari under Rule 65 of the Revised Rules of Court seeking to nullify and set aside the Orders dated June 11, 2002 and April 3, 2003 of the Office of the Ombudsman in OMB-0-00-0872 entitled ?Eduardo B. Olaguer and J.O.S. Mana...
Promulgated on 2005-09-14

490. CA GR SP 90130: MANUEL N. TANKIANSEE vs. HON. VICENTE A. HIDALGO
An order of attachment cannot be issued on a general averment. The need for a recitation of factual circumstances that support the application becomes more compelling here considering that the ground relied upon is "fraud in contracting an obligation."...
Promulgated on 2005-09-14

491. CA GR CV 83647: Daehan Fire & Marine Insurance Co. Ltd. vs. Dongnama Shipping Co., Ltd., Uniship Inc., et al.
This is an appeal from the Decision dated August 4, 2004 of the Regional Trial Court of Manila, Branch 21 in Civil Case No. 01-101309 dismissing the complaint for sum of money on the ground of insufficiency of evidence. The facts as culled from the rec...
Promulgated on 2005-09-14

492. CA GR CV 75953: AURORA J. UNICO, et al. vs. ERLINDA V. PEREZ, ET AL.,
Considering the report of the Judicial Records Division, the instant appeal is considered ABANDONED and ordered DISMISSED pursuant to Sec. 1 (e), Rule 50 of the Rules of Civil Procedure, for failure of the appellant to file brief....
Promulgated on 2005-09-14

493. CA GR CR 26530: People of the Philippines vs. Nilo Espenida Y Espedido
This is an appeal from the decision of Branch 54, Regional Trial Court, Gubat, Sorsogon, in Criminal Case No. 1894....
Promulgated on 2005-09-13

494. CA GR CV 84461: SPOUSES WALTER WILKIE AND JOYCE WILKIE VS REPUBLIC OF THE PHILIPPINES
Submitted for our consideration is a Motion To Withdraw Appeal filed by the Oppositor-Appellant, through its counsel, alleging among others:...
Promulgated on 2005-09-13

495. CA GR SP 91168: CRISTINA LAZARO vs. HON. CANDIDO R. BELMONTE, et al.
As filed, the instant petition is fatally flawed because:...
Promulgated on 2005-09-13

496. CA GR CV 71674: Leonida Aspuria-Barbachano, etc., et al. vs. Eddie F. Aspuria, et al.
On September 27, 1999, Leonida Aspuria-Barbachano, Carmen Aspuria-Fontanilla and Cristina Aspuria-Fontanilla as plaintiffs filed a complaint for Annulment of Documents and Damages against Eddie F. Aspuria and Precioso F. Aspuria....
Promulgated on 2005-09-13

497. CA GR CR 22930: PEOPLE OF THE PHILIPPINES vs. FAUSTO FONTILAR y ESTINOPO, ET AL.
Before the Court is the appeal of accused-appellants Fausto Fontilar y Estinopo and Vicente Fontilar y Estinopo from the Decision of the Regional Trial Court of Gubat, Sorsogon (Branch 54), dated January 16, 1989, in Criminal Case No. 1394, finding them...
Promulgated on 2005-09-13

498. CA GR CR 26558: People of the Philippines vs. Muriel A. Constantino
Accused Muriel A. Constantino appeals the judgment rendered by Branch 48, Regional Trial Court, Urdaneta City, Pangasinan in Criminal Case No. U-11330....
Promulgated on 2005-09-13

499. CA GR CV 79971: ANTONIO CHIENG, et al. vs. SPOUSES EULOGIO SANTOS, et al.
This is an appeal from the Decision (Records, pp.264- 273) of the Regional Trial Court of Olongapo City, Branch 74, in Civil Case No. 239-0-93 for...
Promulgated on 2005-09-13

500. CA GR CR 28102: PEOPLE OF THE PHILIPPINES VS. HELCEZ CABAGUI y LADERA
Accused-appellant Helcez Cabagui y Ladera ("appellant," for brevity) appeals from the Decision of the Regional Trial Court of Manila (Branch 34), dated October 8, 2003, in Criminal Case No. 03-213530, finding him guilty of robbery...
Promulgated on 2005-09-13

501. CA GR CV 61931: Richie Nicolau, Richard Nicolao, Dominador Ocampo vs. Safeway Customs Brokerage, Noel Zerna, et al.
This is an appeal from the October 30, 1998 Decision of the Regional Trial Court, Branch 82, Malolos, Bulacan, ordering Safeway Customs Brokerage, Inc. (Safeway) and Noel Zerna (Zerna) to pay, jointly and severally, Richie Q. Nicolau, Richard Q. Nicola...
Promulgated on 2005-09-13

502. CA GR CV 85267: VILLAMOR MACALALAD vs. PAMPITO MABATO, et al.
On authority of Section 2, Rule 50 of the Revised Rules of Court, defendants-appellants' Appeal is DISMISSED for they have adopted an improper appeal....
Promulgated on 2005-09-13

503. CA GR SP 81930: VICENTE G. GILBUENA (deceased) vs NATIONAL LABOR RELATIONSCOMMISSION (NLRC) et al.,
Impugned in this petition for certiorari, as tainted with grave abuse of discretion, amounting to lack or excess of jurisdiction, are: (1) The Decision of Labor Arbiter Salimathar V. Nambi dated July 30, 1999 in NLRC NCR Case No. 00-04-02567-95; and (2...
Promulgated on 2005-09-13

504. CA GR SP 83994: SPOUSES PEDRO UNTALAN & CARIDAD UNTALAN VS. REPUBLIC OF THE PHILIPPINES (BAYAMBANG NATIONAL HIGH SCH
This is a petition for review under Rule 42 of the 1997 Rules of Civil Procedure seeking a review of the Decision dated December 18, 2002 and the Order dated April 15, 2004 rendered by the Regional Trial Court, Branch 56 of San Carlos City, Pangasinan....
Promulgated on 2005-09-13

505. CA GR SP 84224: SPOUSES CIPRIANO and FE NAMIA vs SPOUSES NOEL and JUDY BERCASIO
Before Us is a petition for review of the following Orders of the Regional Trial Court, Branch 5, Legazpi City (RTC) in Civil Case No. 10302:...
Promulgated on 2005-09-12

506. CA GR SP 91187: ATT-Group of Companies & ATT-U.S. Global Water Treatment Corp. vs. NLRC, Elma D. Mendoza
A perusal of the petition reveals the following defects: 1. The date of receipt of the first assailed NLRC Resolution dated February 11, 2005 is not indicated; 2. The dates of filing of the Motion for Reconsideration and Supplemental to the Motion for...
Promulgated on 2005-09-12

507. CA GR SP 89606: ARTURO N. AGUILA, et al., vs HON. WILLIAM SIMON PPERALTA, et al., .
We hereby resolve this special civil action for certiorari1 under Rule 65 of the Rules of Court ?...
Promulgated on 2005-09-12

508. CA GR SP 86750: SEASTAR MARINE SERVICES, INC. vs NATIONAL LABOR RELATIONS COMMISSION and BENJAMIN A.PARUGINOG
This resolves petitioner Seastar Marine Services, Inc.?s petition for certiorari under Rule 65 of the 1997 Rules of Civil Procedure, which seeks to annul and set aside the following orders issued by the National Labor Relations Commission (NLRC):...
Promulgated on 2005-09-12

509. CA GR SP 89593: LOURDES SANTIAGO vs LAGO DIAMLA y MAMA @ MICHAEL et al..,
Before us is a petition for review under Rule 43 of the 1997 Rules of Civil Procedure of the following orders issued by the Office of the President in O.P. Case No. 05-B-060:...
Promulgated on 2005-09-12

510. CA GR SP UDK 5385: HEIRS OF MARIO RUEL ALVERO, et. al. VS RIZAL COMMERCIAL BANKING CORPORATION
In view of the failure of the petitioners to pay the required appellate docket and other legal fees per Judicial Records Division (JRD)Report dated September 1, 2005,...
Promulgated on 2005-09-12

511. CA GR SP 90986: ROWENA B. FERNANDEZ, et al. vs. HON. MARGARITO P. GERVACIO, et al.
Petitioners' Urgent Request For Extension Of Time To File Appeal Or Petition dated July 13, 2005, is granted, and the petition for review filed on August 1, 2005, is admitted....
Promulgated on 2005-09-12

512. CA GR CR 00312: THE PEOPLE OF THE PHILIPPINES vs LUK WAI @ SAM and CHEUNG SAIWAH
Amended Decision/ HC: It has been said that "foolish consistency is the hobgoblin of little minds. " This saying is nowhere truer than with respect to the courts, in which a stubborn refusal to reexamine and reevaluate cases for adjudication may resul...
Promulgated on 2005-09-12

513. CA GR CV 70664: Alfonsa Leonem Tesoro, Estate of Pedro Hidalgo Tesoro, et al. vs. Lilian Leonem y Dole
Before Us on appeal is the decision of the Regional Trial Court, Branch 20, of Naga City in Civil Case No. 98-3912 for reconveyance of property, the dispositive portion of which is as follows: "WHEREFORE, preponderance of evidence heavily leans in favo...
Promulgated on 2005-09-12

514. CA GR CR UDK 217: RICARDO MOLL, JR. and RIO MOLL vs. HON. FILEMON B. MONTENEGRO
This is a petition for review which seeks to assail the Judgment dated April 6, 2005 rendered by the Regional Trial Court, Fifth Judicial Region, Branch 26, Naga City in Crim. Case No. 2004-0578....
Promulgated on 2005-09-12

515. CA GR CV 81933: LODHEE ABENIR and RENATO DECENA VS. PEPSI COLA PRODUCTS PHILIPPINES, INC.
This is an appeal from the decision dated September 5, 2003, of the Regional Trial Court, Branch 5, Dinalupihan, Bataan, in Civil Case No. DH- 420-97 entitled ?Lodhee Abenir, et al. vs. Pepsi Cola Products, Inc.? for Collection of Sum of Money and Dama...
Promulgated on 2005-09-12

516. CA GR SP 88404: Agricultural Training Institute, National Training Center vs. Calamba City RTC Judge Romeo De Leon
In view of Our Resolution dated April 13, 2005 denying the Urgent Motion for Extension of Time to File Petition for Review, and there being no petition for review filed as yet, this case is now deemed CLOSED, TERMINATED and accordingly DISMISSED. SO O...
Promulgated on 2005-09-12

517. CA GR SP 87994: PEDRO TAYUM, vs CIPRIANO DELOS REYES, JR.,
Petitioner through counsel seeks reconsideration of Our Resolution dated January 7, 2005, dismissing the petition for review due to wrong mode of remedy....
Promulgated on 2005-09-12

518. CA GR CV 82821: SALDA?A & COMPANY, INC., et al., vs FAR EAST BANK AND TRUST COMPANY (now BPI) et al.,
This is an appeal from the Decision dated August 1, 2003, rendered by the Regional Trial Court (hereafter RTC), Branch 71, Pasig City, in Civil Case No.68441 for Breach of Contract, Damages, Nullity of Foreclosure and Certificate of Sale, Consolidation...
Promulgated on 2005-09-12

519. CA GR CV 82193: ERNESTO SUMAGUI vs. ERNESTO V. CABRERA,
Perusing over the arguments raised in plaintiff-appellee's Motion for Reconsideration and those contained in defendant-appellant's Opposition thereto, We find the Motion for Reconsideration offering no justification to compel a modification or reversal...
Promulgated on 2005-09-12

520. CA GR SP 40449: TERESITA VELASQUEZ, ET AL. VS. JUDGE SALVADOR DE GUZMAN, ET. AL.
Before this Court is a petition for certiorari and/or prohibition under Rule 65 of the Rules of Court which seeks to annul and set aside the Decision3 dated January 12, 1996 of the Regional Trial Court (RTC) of Manila, Branch 49, in Criminal Case No. 9...
Promulgated on 2005-09-12

521. CA GR SP 83846: MARILYN A. DE GUZMAN, ET. AL. VS. NLRC, ET. AL.
Before this Court is a Joint Motion dated August 11, 2005 seeking the dismissal of this case on the ground that the parties have amicably settled the claims, subject matter hereof, to their mutual satisfaction and have agreed to waive, forego and relea...
Promulgated on 2005-09-12

522. CA GR CV 58390: FLAVIANO CRUZ, ET AL. VS. ANDRES CRUZ, ET. AL.
By Resolution of April 26, 2005, the Court noted the withdrawal of appearance filed by Atty. Ernesto Jacinto as counsel for applicantsappellants and ordered Zenaida C. Ragay, daughter and known heir of one of the applicants-appellants, Ricardo Cruz...
Promulgated on 2005-09-12

523. CA GR SP 88638: EQUITABLE PCI BANKEMPLOYEES? UNION (EPCIBEU) vs BUREAU OF LABOR RELATIONS et al.,
Assailed in this petition for certiorari, as tainted with grave abuse of discretion amounting to lack or excess of jurisdiction, are: (1) The Decision dated November 4, 20041 of the Bureau of Labor Relations (or BLR), acting through Director Hans Leo J...
Promulgated on 2005-09-12

524. CA GR SP 87813: EQUITABLE GENERAL SERVICES and/or PURITA N. ESPINOSA, vs NATIONAL LABOR RELATIONS COMMISSION. et al.
As petitioners have cured the formal defects of the petition and in the interest of substantial justice, the motion for reconsideration of Our Resolution dated April 5, 2005 dismissing said petition on account of those defects is GRANTED and the petiti...
Promulgated on 2005-09-12

525. CA GR CV 83908: ELVIRA SORIANO vs NECITA S. DOMINGO
On appeal is the Decision, dated April 28, 2004, of the Regional Trial Court (RTC) of Balanga City, Bataan, rendered in Civil Case No. 7005....
Promulgated on 2005-09-12

526. CA GR SP 90546: IN THE MATTER OF THEPETITIONFORHABEAS CORPUS OF CESAR GONZALES &JULIUSMESAvsROBERTO RAFAEL PULIDO
Before us is the Petition for Habeas Corpus1 filed by Roberto Rafael Pulido (the "petitioner") in behalf of Cesar Gonzales ("Gonzales") and Julius Mesa ("Mesa")....
Promulgated on 2005-09-12

527. CA GR SP 56623: NORMAN R. FERNANDEZ VS. SUPERVET INT'L., INC., ET. AL.
Before this Court is a petition for certiorari under Rule 65 of the Rules of Court which seeks to annul the Resolution2 dated October 27, 1999 rendered by the National Labor Relations Commission, Third Division, in CA No. 020385-99, for having been iss...
Promulgated on 2005-09-12

528. CA GR CV 68179: RODOLFO A. ASPILLAGA VS. AURORA A. ASPILLAGA
Before this Court is an appeal from the Decision dated May 31, 2000 of the Regional Trial Court (RTC), Branch 144, Makati City in Civil Case No. 95-393, which declared the marriage between Rodolfo A. Aspillaga and Aurora A. Aspillaga null and void....
Promulgated on 2005-09-12

529. CA GR SP 80223: J O E L R . P E D R O VS. HON. RODOLFO B. DIMAANO, ET. AL.
Petitioner Joel R. Pedro was on board a Toyota Hi-Ace flagged down by a Philippine National Police team at a checkpoint just before the 14 May 2001 elections. Upon inspection, a PNP Chief Inspector saw a ?gun carry case? beside the petitioner. Immediat...
Promulgated on 2005-09-09

530. CA GR CV 82500: TERESITA T. TEOPE vs FRANCISCO MANIPON et al.
Before this Court is an appeal from the orders1 dated July 21, 2003 and March 7, 2004 of the Regional Trial Court, Fourth Judicial Region, Branch 35, Calamba City, in Civil Case No. 3336-2002-C...
Promulgated on 2005-09-09

531. CA GR CV 79170: NENITA LLANURA andGERARDO LLANURA vs SPOUSES SEVERO V. CARI?OAnd VIOLETA T. CARI?O
This is an appeal from the Order dated October 24, 2002 rendered by the Regional Trial Court of Antipolo City, Branch 71, which dismissed the action to annul Transfer Certificate of Title (TCT) Nos. 323834 to 323836 and damages with prayer for temporar...
Promulgated on 2005-09-09

532. CA GR CR 28958: People of the Philippines vs. Jayson Eugenio Y De Leon
Before this Court is accused-appellant's manifestation with motion to withdraw appeal filed by counsel for accused-appellant on 8 August 2005....
Promulgated on 2005-09-09

533. CA GR CR 28158: PEOPLE vs DAVID MONTELEN Y SOLIS
Before this Court is an appeal from the decision1 dated January 19, 2004 of the Regional Trial Court, National Capital Judicial Region, Branch 73, Malabon City in Criminal Case No. 28878-MN...
Promulgated on 2005-09-09

534. CA GR CR 17872: PEOPLE VS. EVARISTO FLORENDO
In this case, a man has been charged and convicted of killing his brother-in-law. The events leading to the fatal confrontation are told to us by the only persons who were around to tell the tale - the accused and his wife who was the sister of the dec...
Promulgated on 2005-09-09

535. CA GR CV 53964: UNION BANK OF THE PHILIPPINES vs. JULIANA B. ONG,
The records show that the plaintiff sued the defendant to recover the unpaid amount of P1,064,357.58, upon a promissory note and loan agreement whose copies were attached to the complaint, the obligation being computed as of February 28, 1989, includi...
Promulgated on 2005-09-09

536. CA GR SP 80284: Ricardo Soriano vs. N.L.R.C. & Ricardo G. Roduta, Sr.
Before this court is a petition for certiorari filed under Rule 65 of the Rules on Civil Procedure assailing the Decision dated April 30,2002 of the National Labor Relations Commission (Second Division) which affirmed the labor arbiter's decision implemen...
Promulgated on 2005-09-09

537. CA GR SP 82062: SPS. JUN AND BABY JANE EBARLE VS. ROSEMARY TORDESILLAS-LONTOK
Before this Court is a petition under Rule 42 assailing the decision of RTC, Br. 227, Quezon City, dated 16 June 2003 entitled ?Rosemary Tordesillas-Lontok vs. Sps. Jun & Baby Jane Ebarle?....
Promulgated on 2005-09-09

538. CA GR SP 85675: METROPOLITAN BANK AND TRUST COMPANY vs. THE HONORABLE MERCEDITAS N. GUTIERREZ, et al.
This is a petition for review under Rule 43 of the Rules of Court assailing the Resolution dated December 5, 2003 (Annex "A", Petition; Rollo, pp. 33-37) of the then Secretary of Justice, Simeon A. Datumanong, dismissing the complaint against responden...
Promulgated on 2005-09-09

539. CA GR CV 84175: L U I S I T O Y U vs METRO MANILA TRANSPORT CORP.
An entity charged by law with the necessity of exercising due diligence in the conduct of its affairs must perform its duties with the required diligence demanded thereof, otherwise it must bear the consequences of its neglect....
Promulgated on 2005-09-09

540. CA GR SP 84395: Ana Marie Eugenio vs. NLRC, Les Labrotories, Gerard Goullencourt
Where the person making the waiver has done so voluntarily, with a full understanding thereof, and the consideration for the quitclaim is credible and reasonable, the transaction must be recognized as being a valid and binding undertaking....
Promulgated on 2005-09-09

541. CA GR CV 83163: Eufemia Balatico Vda. De Agatep vs. Roberta L. Rodriguez, Natalia Aguinaldo Vda. De Lim
This is an appeal from the Decision dated May 12, 2004 of the Regional Trial Court of Aparri, Cagayan, Branch 8 in Civil Case No. 08-298 which decreed as follows: "WHEREFORE, the Court hereby renders judgment to wit: "1. Dismiss the instant complaint...
Promulgated on 2005-09-09

542. CA GR CV 57246: H.R. Abella and Associates vs. Pentecostal Christian Church, Inc.
Before Us is an Appeal from the Decision, dated June 5, 1995, of the Regional Trial Court of Quezon City, Branch 101, in Civil Case No. Q-94-20419, dismissing Appellant's Complaint for lack of cause of action without prejudice to the filing of a compl...
Promulgated on 2005-09-09

543. CA GR SP 87979: Bergesden D.Y. Phils. Inc; Bergesen D.Y. Asa. vs. NLRC, Prudencio Caranto
Assailed in this petition for certiorari under Rule 65 with prayer for injunctive relief/s is the Resolution dated August 31, 2004 dismissing petitioners' appeal and affirming the Decision dated January 30, 2003 of the Labor Arbiter which ordered the p...
Promulgated on 2005-09-09

544. CA GR SP 88440: PEOPLE vs HON. OSCAR B. PIMENTEL, et al.,
This is a special civil action for certiorari with urgent prayer for Temporary Restraining Order or Writ of Preliminary Injunction under Rule 65 of the 1997 Rules of Civil Procedure, as amended, seeking to set aside the Orders dated July 8, 2004 and Oc...
Promulgated on 2005-09-09

545. CA GR SP 90952: RP GUARDIANS SECURITY AGENCY, INC., vs THE NATIONAL LABOR RELATIONS COMMISSION, et al
Before We act on the petition, the Court hereby directs counsel for the petitioner to submit the money claims filed in March, May and June 1999 by the private respondents against the former (petitioner), which were docketed as NLRC-NCR Case Nos. 03-030...
Promulgated on 2005-09-09

546. CA GR SP 90495: In the Matter of the Petition forHabeas Corpus of Marieta C.Santos et al., vs HON. SEC. AVELINO CRUZ
In a democracy such as Ours, relief before this Court was sought to rescue the subject individuals, entrapped in a mess, either by accident or otherwise in the wiretapping of the controversial ?Hello Garci tapes? and allegedly restrained of their liber...
Promulgated on 2005-09-09

547. CA GR SP 90916: Abcar Int'l. Construction Corp. vs. President of Manila Misssion of the Church of Latter Day Saints
A perusal of the petition shows that the assailed decision of the Construction Industry Arbitration Commission appears to be merely a photo copy and not certified, and that the IBP receipt of counsel is not current or updated. WHEREFORE, in view of the...
Promulgated on 2005-09-09

548. CA GR CR 00493: PEOPLE vs NESTOR DELA CRUZ
This is an appeal from the decision rendered by the Regional Trial Court of Quezon City (Branch 103) convicting herein accused-appellant Nestor dela Cruz of violating Sec. 5 of R.A. 9165. The decretal text of the assailed decision reads:...
Promulgated on 2005-09-09

549. CA GR CV 83358: ANGEL MAJADILLAS & MERCEDES LASTRELLA, vs REPUBLIC OF THE PHILIPPINES
This is an appeal from the November 17, 1997 decision rendered by the Regional Trial Court of Legaspi City (Branch 10) in a case for reconstitution of certificate of title, the dispositive portion of which reads:...
Promulgated on 2005-09-09

550. CA GR CV 83084: CHINA BANKING CORP. vs GEOFFREY PEREZ & JUDY CHAM
This is an appeal from the decision rendered by the Regional Trial Court of Makati City (Branch 135) dated March 9, 2004, the decretal text of which reads as follows:...
Promulgated on 2005-09-09

551. CA GR CV 78965: LEVI MARISTELA, vs LIMUEL CASTOR MARISTELA
This pertains to the motion for reconsideration filed by the defendant-appellant seeking for the reconsideration of the Decision dated 28 February 2005,...
Promulgated on 2005-09-09

552. CA GR SP 84892: EVELYN SADUMIANO vs. PEOPLE OF THE PHILIPPINES
In this petition for certiorari under Rule 65 of the Rules of Court, petitioner ascribes grave abuse of discretion on the part of the respondent court in issuing the Order dated 19 December 2003 denying her petition for bail and the Order dated 21 Apri...
Promulgated on 2005-09-09

553. CA GR CV 59057: JOVITA PEKSON, et al, vs. LORETA CONTE,
This is an appeal by defendant-appellant Loreta Conte questioning the Decision dated March 5, 1997 of RTC Br. 44 Dagupan City in Civil Case No. D-10170 which ruled in favor of plaintiff-appellees Jovita Pekson and Rolando Pekson....
Promulgated on 2005-09-09

554. CA GR SP 89466: SPS. WILLIAM and REBECCA GENATO vs RITA VIOLA,
Before this Court is a Petition for Review1 of the decision2 dated November 8, 2004 and Resolution3 dated March 31, 2005 issued by the Office of the President in O.P. Case No. 03-B-057,...
Promulgated on 2005-09-09

555. CA GR SP 91106: ADELINA A. TABANGIN vs THE SECRETARY OF JUSTICE, ET AL.
Before this Court is a Petition for certiorari and mandamus under Rule 65 of the 1997 Rules of Civil Procedure. A cursory perusal of said Petition shows that it is not accompanied by certified true copies of the assailed Resolutions dated 25 August 200...
Promulgated on 2005-09-09

556. CA GR SP 90830: BANWILL ENTERPRISES, INC., vs PAULITA B. ACOSTA- VILLARANTE
This refers to the Petition for Certiorari with prayer for Temporary Restraining Order or Preliminary Injunction filed on 11 August 2005. A perusal of the records of the instant petition shows the following defects/and or infirmities, to wit: CA-G.R....
Promulgated on 2005-09-09

557. CA GR CV 82267: JINKY PUA-NABULNEG vs NARCISO NABULNEG, JR.
This appeal by the Republic of the Philippines through the Office of the Solicitor General (hereafter, "OSG") seeks to annul and set aside the September 10, 2003 Decision (Penned by Judge Gil L. Valdez of the Regional Trial Court, Branch 29 of Bayombon...
Promulgated on 2005-09-09

558. CA GR CV 82003: Retriva (UK) Limited vs. Sunder Genomal, GTVL Mfg. Industries, Inc., V. Lilaram Devl't. Corp.
This is an appeal from the Order dated September 19, 2001 of the Regional Trial Court of Makati City, Branch 59 dismissing Civil Case No. 93-1622 for lack of interest to prosecute. The original plaintiff in this suit is Gota Bank, a corporation establi...
Promulgated on 2005-09-09

559. CA GR SP 89722: St. Vincent Shipping, Inc., Seafarers Shipping Agency, Inc. vs. NLRC, Johnny S. Larano
For failure of the petitioners to comply with Our Resolution dated June 15, 2005, the petition is DENIED DUE COURSE and is hereby ordered DISMISSED. SO ORDERED....
Promulgated on 2005-09-09

560. CA GR CV 83414: Telesforo S. Ferrer, et al. vs. Heirs of Raymundo Tiangson
This is an appeal from the Decision dated December 29, 2003 of the Regional Trial Court of Lingayen, Pangasinan, Branch 37 in Civil Case No. 18150 for Right of Way, which decreed as follows: "WHEREFORE, premises well-considered, judgment is hereby ren...
Promulgated on 2005-09-09

561. CA GR SP 90262: P/S SUPT. CONRADO E. LAZA, et al., vs P/C INSP. MATTHEW P. BACCAY,
This Decision resolves the petition for certiorari (under Rule 65 of the Rules of Court) with prayer for preliminary injunction:...
Promulgated on 2005-09-08

562. CA GR SP 70202: FERTIPHIL CORPORATION, et al. vs HON. ESTELA PERLAS-BERNABE, et al.
Before this Court is a Petition for certiorari with application for issuance of a temporary restraining order and/or writ of preliminary injunction dated 08 April 2002 under Rule 65 of the 1997 Rules of Civil Procedure assailing the Order dated 06 Marc...
Promulgated on 2005-09-08

563. CA GR SP 79467: Sps. Danilo and Priscilla Silva Jose-Talaugon vs. Hon. Tingaraan U. Guiling, Reyner De Jesus, et al.
This is a petition for review of the Decision of the Regional Trial Court, Branch 1, Manila, dated October 7, 2002, dismissing the petitioners' petition for certiorari, and its Order dated February 10, 2003, denying petitioners' motion for reconsiderat...
Promulgated on 2005-09-08

564. CA GR SP 79507: Southeast People's Village Homeowners Association, Inc. vs. Fernando Arce
This is a petition for review from the Decision dated July 9, 2003 rendered by the Regional Trial Court of Pasig City, Branch 70, dismissing Civil Case No. 2323 for lack of jurisdiction....
Promulgated on 2005-09-08

565. CA GR CR 28746: Luciano M. Mata vs. People of the Philippines
Before us is a petition for review filed by Luciano Mata under Rule 42 of the Rules of Court seeking to set aside the decision dated July 9, 2004 of the Regional Trial Court of Legazpi City which affirmed the decision of the Municipal Trial Court of Da...
Promulgated on 2005-09-08

566. CA GR SP 91099: Christian Koetz vs. Antipolo City RTC Br.72 Judge Ruth Santos, et al.
A perusal of the petition reveals the following defects: 1) There is no affidavit of service attached to the petition; 2) As alleged by the petitioner himself through counsel, the assailed RTC Order was received by the petitioner on July 1, 2005. The...
Promulgated on 2005-09-08

567. CA GR SP 50864: GREGORIO VITUG and NOLY VITUG vs IGLESIA NI CRISTO, et al.
Before this Court is a Petition for review (erroneously referred to as a Petition for Review on Certiorari) dated 04 January 1999 assailing the Orders dated 07 September 1998 and 25 November 1998 issued by the Regional Trial Court, Third Judicial Regio...
Promulgated on 2005-09-08

568. CA GR CV 82316: ASIAN INTERNATIONAL INFORMATION, INC., vs CENTURY PROPERTY
For failure to tender new matter of substance that would warrant the modification or reversal of the decision dated July 15, 2005, this Court resolves to DENY defendant-appellant?s motion for reconsideration....
Promulgated on 2005-09-08

569. CA GR CV 64158: KODAK PHILIPPINES, LTD. vs SPS. ALEXANDER LAM, ET AL.,
Plaintiff-appellant, through counsel, seeks the reconsideration (see: Rollo, pp. 201-221) of the Court?s Decision (see: Rollo, pp. 178-195) dated 30 March 2005 which modified the court a quo?s decision....
Promulgated on 2005-09-08

570. CA GR CV 81078: SPOUSES JUAN RESTORQUE AND MARILYN RESTORQUE vs RONALD LUNGAY and AUGUSTO TOLENTINO
Finding no new matter of substance that would warrant the modification much less the reversal of the May 16, 2005 Decision of this Court, the Motion for Reconsideration1 filed by the defendant-appellant is hereby DENIED for lack of merit....
Promulgated on 2005-09-08

571. CA GR SP 90206: VIRGINIA JIMENEZ, vs VIRGINIA JIMENEZ,REGIONAL TRIAL COURT,BRANCH 4, MANILA,
The Petition for Prohibition with Temporary Restraining Order or Preliminary Injunction suffers from the following formal infirmities:...
Promulgated on 2005-09-07

572. CA GR CR 29258: PEOPLE vs MELCHOR FELIPE y BORDEOS,
For consideration is the Manifestation with Motion to Withdraw Appeal filed by accused-appellant?s counsel stating that on July 11, 2005 at the Bureau of Corrections Muntinlupa City, during her regular jail visit,...
Promulgated on 2005-09-07

573. CA GR CR 26808: PEOPLE VS. RAYMUND B. VILLANUEVA
Defendant-appellant Raymund Villanueva appeals from the 08 June 2002 Decision of Regional Trial Court of Manila, Branch 39, in Criminal Case No. 93-121991, finding him guilty of the crime of Libel committed against Leo Mendoza (complainant)....
Promulgated on 2005-09-07

574. CA GR CR 23385: THE PEOPLE OF THE PHILIPPINES vs. RAMON A. PAPELLERO
Considering that the appellant's motion for reconsideration raises nothing persuasive enough by which we should reconsider and reverse the decision rendered on June 28, 2005, we DENY the motion for reconsideration for lack of merit, without further d...
Promulgated on 2005-09-07

575. CA GR SP 90918: WILFREDO "JOJO" REYES VS. NBI, ET. AL.
Before us is a Petition for Review of the Decision dated May 13, 2005 of the Office of the Ombudsman, finding petitioner guilty of gross misconduct, dishonesty and conduct prejudicial to the best interest of the service....
Promulgated on 2005-09-07

576. CA GR SP 88320: JAIME K. IBARRA, vs EMPLOYEES COMPENSATION COMMISSION (ECC) et al
Finding due course to the instant petition, the parties are hereby directed to submit simultaneous memoranda in support of their respective positions in this case within a non-extendible period of fifteen (15) days from notice, after which, with or wit...
Promulgated on 2005-09-07

577. CA GR SP 85065: MA. WENELITA S. TIRAZONA, vs PHILIPPINE EDS-TECHNO SERVICE, INC. et al
BEFORE US is a motion for reconsideration filed by counsel for petitioner on 14 June 2005, seeking for the reconsideration of the Decision dated 24 May 2005, the dispositive portion of which reads: "WHEREFORE, in consideration of the foregoing, the pe...
Promulgated on 2005-09-07

578. CA GR CV 82687: PETRON CORPORATION vs. BULLET EXPRESS CORPORATION
Challenged in the instant appeal is the decision rendered by the Regional Trial Court of Makati City, Branch 146, in Civil Case No. 97-939, entitled "Petron Corporation vs. Bullet Express Corporation," for Damages....
Promulgated on 2005-09-07

579. CA GR CV UDK 2262: MANUELA C. ENRIQUEZ, et al vs PEDRO ENRIQUEZ, SR.,
Records show that the defendant-appellant failed to pay the appellate docket and other legal fees, as could be verified in the Judicial Records Division?s Report dated 19 August 2005. (Rollo, p. 01). Clearly, such omission contravenes Section 1 (c), Ru...
Promulgated on 2005-09-07

580. CA GR CV 77752: PHILIPPINE NATIONAL GUARD PROTECTIVE AGENCY, INC., vs LEY CONSTRUCTION dev. corp
The aforementioned motion alleged that the said counsel received a copy of this Court?s Decision dated 29 April 2005 on 09 May 2005, as could be verified on the registry return receipt attached to the Notice of Decision. (Rollo, dorsal p. 81). Neverthe...
Promulgated on 2005-09-07

581. CA GR SP 71489: A.L.L.P.S. REALTY CORPORATION VS. JAUNITO VILLARINO
This is a petition for review of a decision of the Regional Trial Court of Caloocan City affirming on appeal a first-level court's decision in an unlawful detainer case....
Promulgated on 2005-09-07

582. CA GR SP UDK 5319: Lino and Lucy Dela Rosa, Bernardo Dela Rosa, et al. vs. Carlos and Solita Siojo-Rivera, et al.
On April 26, 2005 We issued a Resolution granting petitioners an extension of 20 days or until April 11, 2005 within which to file their Petition for Review. However, per report of the Judicial Records Division, Petitioners have not filed the Petition...
Promulgated on 2005-09-07

583. CA GR SP 80972: Adela Tay Ang vs. N.L.R.C. & Noel R. VIlloso
Before this Court is a petition for certiorari under Rule 65 of the 1997 Rules of Civil Procedure, filed by petitioner Adela Tay Ang (Petitioner Ang) seeking to nullify the decision of private respondent National Labor Relations Commission (NLRC) dated 7...
Promulgated on 2005-09-07

584. CA GR SP 84989: ORDER OF THE KNIGHTS OF RIZAL vs. THE HON. REGIONAL TRIAL COURT OF MANILA, ET AL.
Sought to be annulled and set aside in this Petition for Review under Rule 42 of the 1997 Rules of Civil Procedure is the Order dated 21 June 2004 of the Regional Trial Court of Manila, Branch 14, in Civil Case No. 04-109469, the dispositive portion w...
Promulgated on 2005-09-07

585. CA GR SP 84487: Noelito B. Rivera, Ariel B. Rivera, Arthur B. Rivera vs. Sec. Albert Romulo, Manuel Domingo, et al.
At bar is a Petition for Certiorari under Rule 65 of the Rules of Court which seeks to annul the: (1) March 11, 2004 Decision of then Executive Secretary Alberto G. Romulo resolving the appeal filed by then respondents Antipolo Properties, Inc. and AFP...
Promulgated on 2005-09-07

586. CA GR CV 64297: Edwin T. Hernandez vs. Kagawads Leonilo Antonio, Ermino Felipe, Herminia Santos, Jenny Nery, et al.
On Appeal is the July 26, 1999 Order of the Regional Trial Court, Branch 260, Para￱aque City, dismissing the complaint for Declaration of Nullity of Barangay Resolution, Illegal Dismissal and Damages filed by plaintiff-appellant Edwin T. Hernandez (H...
Promulgated on 2005-09-07

587. CA GR SP 85915: AVELINA SOMERA, vs. THE PRESIDING JUDGE,et al
The factual backdrop of the case are as follows: The petitioner filed an amended complaint against private respondents Roberto Martires, Cecilia Gauna, and the Register of Deeds of Quezon City seeking the recovery of possession and title of the real p...
Promulgated on 2005-09-07

588. CA GR SP 84009: INS-HUMAN RESOURCES DEVELOPMENT CORPORATION, vs HON. JULES MEJIA, et al
This pertains to the Motion for Reconsideration filed by petitioner through counsel on 21 March 2005, seeking for the reconsideration of the Decision dated 15 February 2005, the decretal portion of which reads: ?WHEREFORE, in the light of the discussi...
Promulgated on 2005-09-07

589. CA GR SP 69479: FELIX WILLIAM H. MARTIREZ vs. CIVIL SERVICE COMMISSION (CSC), et al.
UPON CONSIDERATION OF THE MOTION FOR RECONSIDERATION FILED BY THE PETITIONER AND THE COMMENT SUBMITTED BY THE RESPONDENTS, WE FIND THAT THE MOTION FOR RECONSIDERATION PRESENTS NOTHING NEW AND COMPELLING TO PERSUADE US TO MODIFY OUR JUDGMENT PROMULGATED...
Promulgated on 2005-09-06

590. CA GR CV 79963: JUDITH CURIMAO, et al. vs. SPOUSES TRINIDAD OCAMPO CANIZA, et al.
Perusing over the arguments raised in defendants-appellants Motion for Reconsideration and those contained in plaintiff-appellee's Comment thereto, We find the Motion for Reconsideration offering no justification to compel a modification or reversal of...
Promulgated on 2005-09-06

591. CA GR CV 61144: SUPERLINES TRANSPORTATION COMPANY, INC. VS PHILIPPINE NATIONAL CONSTRUCTION COMPANY, et. al.
Subject of this appeal is the decision of the Regional Trial Court of Gumaca, Quezon, Branch 62 dated December 9, 1997, in Civil Case No. 2130-G,...
Promulgated on 2005-09-06

592. CA GR SP 90776: SPS. RODRIGO and JOSEFINA DE VERA VS. HON. ANTHONY Q. SISON, ET. AL.
Before us is a Petition for Certiorari seeking to nullify and set aside the Order dated June 29, 2005 issued by the Regional Trial Court of San Carlos City, Pangasinan, Branch 57, denying petitioners' motion to quash writ of possession....
Promulgated on 2005-09-06

593. CA GR SP 77728: TIMESHARE REALTY CORPORATION VS. SECURITY AND EXCHANGE COMMISSION
The petitioner is a securities broker engaged in the marketing of privileges in a club resort known as the Laguna de Boracay at Boracay, Aklan, an island locale off the coast of Panay that is worldfamous for its powdery white shores and clear blue wate...
Promulgated on 2005-09-06

594. CA GR SP 90980: PROF. DR. MARTIN WINTERKORN et al., vs HON. JUDGE JULES A. MEJIA
The petition is dismissible on the following grounds: (1) Failure to implead as respondent the People of the Philippines which is the party interested in sustaining the assailed June 9, 2005 Order of respondent court in Criminal Case No. 4824-A....
Promulgated on 2005-09-06

595. CA GR SP 89464: NATIONAL STATISTICS OFFICE (NSO) rep. by CARMELITA N. ERICTA vs. ENRICO SANTOS
In Civil Case No. 1708, entitled "Enrico Santos vs. National Statistics Office, etc.", for Unlawful Detainer, the Municipal Trial Court of Santa Maria, Bulacan, rendered a 2-page Decision dated September 6, 2004 (Annex "R", Petition, pp. 83-84, Rollo),...
Promulgated on 2005-09-06

596. CA GR CV 52311: TERESITA DIO vs. ST. FERDINAND MEMORIAL PARK, INC. AND MILDRED TANTUCO
AFTER GOING OVER THE ARGUMENTS RAISED IN THE APPELLANT???S MOTION FOR RECONSIDERATION AND IN THE APPELLEES??? COMMENT, WE DENY THE MOTION FOR RECONSIDERATION WITHOUT FURTHER DISCUSSION SINCE THE GROUNDS ARGUED WERE FULLY ADDRESSED IN THE DE...
Promulgated on 2005-09-06

597. CA GR CV 78109: PLANTERS DEVELOPMENT BANK vs. SPOUSES RITO & LEONIDA DIMACULANGAN
There being no compelling reason to modify, reverse or reconsider the Decision rendered in the case dated June 15, 2005, movant-appellants' Motion for Reconsideration dated July 6, 2005, is DENIED, it appearing further that the arguments raised therein...
Promulgated on 2005-09-06

598. CA GR SP 77572: Rose Crisostomo vs Aurelio Pagtakhan
Before us is a petition for review of the decision of the Regional Trial Court (RTC) of Las Pias, Branch 202 which affirmed that of the Metropolitan Trial Court (MeTC) of Las Pias, Branch 79 in an action for Ejectment filed by respondent Aurelio Pagt...
Promulgated on 2005-09-05

599. CA GR CR 27434: PEOPLE OF THE PHILIPPINES vs JESUS DELA FUENTE
This is an ordinary appeal from the Decision of the Regional Trial Court of Olongapo City, Branch 75 in Criminal Case No. 446-95. The decretal portion reads:...
Promulgated on 2005-09-05

600. CA GR CV 60906: REYNALDO V. DULAY VS. GSIS
The present controversy stemmed from a complaint for an easement of right of way docketed as Civil Case No. 1022-BG...
Promulgated on 2005-09-05

601. CA GR CV 76052: LUCHI SINGH MOLDES VS. ANDREA DYTIOCO, ET. AL.
At bench is an appeal from the July 2, 2002 Decision of the Regional Trial Court of Baguio City, Branch 60, in Civil Case No. 4668-R....
Promulgated on 2005-09-05

602. CA GR SP 89915: OMAR B. FRANCISCO, vs PETRITA BRAGA DIME, et al
BEFORE US is a Motion for Reconsideration filed by the petitioner through counsel on 08 August 2005, seeking for a reconsideration of the Resolution dated 14 July 2005, the decretal portion of which reads: "WHEREFORE, in view of the foregoing, the ins...
Promulgated on 2005-09-05

603. CA GR CV 80501: ERNESTO GO, ET. AL. VS. COUNCILOR TOMAS "TOM" ROSALES
This is an appeal interposed by Ernesto Go, doing business under the trade name ERMEL CONSTRUCTION SUPPLY and R.G. MEYCAUAYAN CONSTRUCTION SUPPLY...
Promulgated on 2005-09-05

604. CA GR CV 82744: ALFREDO BARROGA vs. CLARITA BARROGA CARBONELL AND ELEUTERIO CARBONELL
ACTING ON THE MOTION FOR RECONSIDERATION FILED BY THE PLAINTIFFAPPELLANT, AND FINDING NOTHING THEREIN SUFFICIENT TO WARRANT A MODIFICATION OR REVERSAL OF THE RESOLUTION OF JUNE 30, 2005, WE HEREBY DENY THE MOTION FOR RECONSIDERATION FOR LACK OF MERIT....
Promulgated on 2005-09-05

605. CA GR SP 90738: TRINIDAD A. GABITO vs SPELMONT MANNING SERVICES,
Before us is a petition, dubbed by petitioner as one for review, under Rule 45 of the 1997 Rules of Civil Procedure. It assails the Resolutions of the National Labor Relations Commission, (NLRC) dated May 26, 2005 and June 30, 2005, rendered in NLRC N...
Promulgated on 2005-09-05

606. CA GR SP 89698: HOTEL INTERCONTINENTAL MANILA, vs SAMAHANG MANGGAGAWA NG HOTEL INTERCONTINENTAL
This pertains to the Petition for Review on Certiorari under Rule 45 of the Revised Rules of Court with prayer for Temporary Restraining Order and/or Preliminary Injunction filed on 14 June 2004, by the petitioner through counsel of the Decision of the...
Promulgated on 2005-09-05

607. CA GR SP 90874: ROTARY TEXTILE MILLS, INC., vs JAZMINES AND COMPANY, INC.,
"A party desiring to appeal from a decision of the Regional Trial Court rendered in the exercise of its appellate jurisdiction may file a verified petition for review in the Court of Appeals. X x x x. Upon proper motion and the payment of the full amo...
Promulgated on 2005-09-05

608. CA GR SP UDK 5355: ROGELIO NICOLAS et al. vs. HON. RAUL E. DE LEON, et al.
On July 18, 2005, the instant petition for annulment of judgment was dismissed for petitioners' non-availment of the remedy of appeal, a still possible legal recourse left for them to take....
Promulgated on 2005-09-05

609. CA GR CV 58985: Nicasio Veloso, Calixto P. Danao vs. Pepsi Cola Products, Inc.
At bar is an appeal from the December 19, 1997 Decision of the Regional Trial Court, Branch 64, Makati City, dismissing Civil Case No. 92-2075 and Civil Case No. 92-3085, actions for damages against Pepsi- Cola Products Philippines, Inc., as a conseque...
Promulgated on 2005-09-05

610. CA GR CV 60092: Insurance Company of North America vs. Maersk Line / Maersk Tabacalera Shipping Agency, Inc., et al
At bar is an appeal from the January 19, 1998 Decision of the Regional Trial Court, Branch 44, Manila, in Civil Case No. 90-54133, an action for sum of money, the dispositive portion of which reads as follows: "WHEREFORE, in view of the foregoing, the...
Promulgated on 2005-09-05

611. CA GR CV 74720: JUANITO MANIMTIM, et. al. vs. REPUBLIC OF THE PHILIPPINES
No overlapping of parcels of land can be perceived from a mere "table survey" of plans. "Overlapping" of parcels of land surface only when the coordinates and other technical...
Promulgated on 2005-09-05

612. CA GR SP 90901: D3 KIDS BASUG TRANSPORT,ET AL., vs ANTONIO C. MANINGO,
A perusal of the petition reveals that the Verification and Certification of Non-Forum Shopping was executed by one of the petitioners Rodolfo G. Cudiamat, without the corresponding certification from the Board Secretary that he is indeed authorized by...
Promulgated on 2005-09-02

613. CA GR SP 89133: KARL F. FRANKENBERGER, vs. HON. JUDGE JOSELITO CRUZ VILLAROSA, et al
In this Petition for Review on Certiorari and Prohibition under Rule 65 of the 1997 Rules of Civil Procedure, petitioner assails the Order dated August 3, 2004 and the Order dated February 14, 2005 issued by respondent Judge Joselito Cruz Villarosa of...
Promulgated on 2005-09-02

614. CA GR SP 90755: ANTONINA REILLOAVENDANO et al., vs Heirs of SATURNINO NALOG, et al.,
The Petition for Review suffers from the following formal infirmities:...
Promulgated on 2005-09-02

615. CA GR SP 91053: Grand Industrial Steel, Inc. vs. Office of the Voluntary Arbitrator/ National Conciliation, et al.
After a careful perusal of the records of the case, We resolve to DISMISS the present petition on the ground of non-compliance with the rule on certification against forum shopping taking into account that the aforesaid certification was subscribed and...
Promulgated on 2005-09-02

616. CA GR SP 86605: PACIFIC OCEAN MANNING,INC., vs BSN JULIUS G. ROJAS,
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 Decision dated May 21, 2004 and Order dated September 9, 2004, rendered by the National Conciliation and Mediation Board...
Promulgated on 2005-09-02

617. CA GR CV 61957: MA. TERESA DE LEON, vs. PETER LLOYD TAYLOR, et al
This is an appeal from the final Order dated February 20, 1998 of the RTC of Para?aque, Br. 274 in Civil Case No. 95-033 dismissing the complaint for annulment of deed of donation, mortgage, sale and reconveyance with damages....
Promulgated on 2005-09-02

618. CA GR CV 57951: SPOUSES RAMON AND AURORA BONCACAS vs. SPOUSES ADOLFO AND JULIETA FORMALEJO, et. al.
There is a different law applicable for double sales involving registered land and there is a different law for double sales involving unregistered lands. In double sales involving registered lands, the second paragraph of Article 1544 of the New Civi...
Promulgated on 2005-09-02

619. CA GR CR 01139: PEOPLE OF THE PHILIPPINES vs. EDNA MALNGAN y MAYO
A confession constitutes evidence of a high order since it is supported by a strong presumption that no person of normal mind would deliberately and knowingly confess to a crime unless prompted by truth and his conscience. A confession made to a priva...
Promulgated on 2005-09-02

620. CA GR SP 91044: OCEAN EAST AGENCY CORP., et al. vs. NATIONAL RELATIONS COMMISSION, et al.
A petition for certiorari must be filed within a period of sixty-(60) days ( Section 4, Rule 65, 1997 rule of Civil Procedure)....
Promulgated on 2005-09-02

621. CA GR SP 90323: SPOUSES SATURNINA & MARCOS P. BALLABA, vs. THE NATIONAL LABOR , et al.
Petitioners' Motion For Reconsideration dated August 8, 2005, offering no cogent, compelling reason to recall and set aside the dismissal order of this petition dated July 11, 2005, the same is DENIED, for lack of merit....
Promulgated on 2005-09-02

622. CA GR SP 90766: SPS. FERNANDITO ATIENZA AND LIGAYA ATIENZA vs. HON. FLORITO S. MACALINO, et al.
Sought to be reviewed and annulled in the present petition for certiorari is the Order dismissing Civil Case No. 69464, for Injunction, filed by the petitioners against the respondents before the Regional Trial Court of Pasig City, in the exercise of t...
Promulgated on 2005-09-02

623. CA GR CR 00137: People of the Philippines vs. Renato Laurente
Minor inconsistencies tend to bolster, rather than weaken, a rape victim's credibility. The court cannot expect a rape victim to remember every ugly detail of the appalling outrage. It is also highly inconceivable for a young barrio lass,...
Promulgated on 2005-09-02

624. CA GR CV 74300: Maribeth Baltazar Manlimos vs. Rep. of the Phils.
This is an Appeal from the Decision, dated October 8, 2001, of the Regional Trial Court of Pasig City, Branch 68, in Special Proceeding No. 11227, granting Petitioner- Appellee's petition for correction of entry in the Certificate of Live of Birth of...
Promulgated on 2005-09-01

625. CA GR SP 85747: KONKA INTERNATIONAL PLASTIC MANUFACTURING CORPORATION vs HON. MARIA NENA J. SANTOS et al.,
Respondent Bank of the Philippine Islands seeks the reconsideration of Our Decision dated March 18, 2005 which granted the petition and the assailed Orders dated March 26, 2004, May 17, 2004, the Writ of Possession dated April 1, 2004 and the Notice to...
Promulgated on 2005-09-01

626. CA GR SP 69908: CONCEPCION GONZALES MANUEL VS. HEIRS OF MARIA SANCHEZ, ET. AL.
Before this Court is a Petition for Review under Rule 42 of the Rules of Court which seeks to annul and set aside the Decision2 dated February 28, 2002 issued by the Regional Trial Court (RTC), Branch 82, Malolos, Bulacan, in Civil Case No. 633-M-2001....
Promulgated on 2005-09-01

627. CA GR SP 86158: ALL ASIA PLANS, INC., vs HON. RUBEN C. AYSON, et al.,
Respondent Wilma Salonga seeks reconsideration of Our Decision dated March 9, 2005 which granted the petition and the assailed Resolution dated May 3, 2004 and Order dated June 29, 2004 were reversed and set aside....
Promulgated on 2005-09-01

628. CA GR SP 90999: MA. FE LAVENDIA & RAFAELA vs BIBIANA GODOY,
The records show that the petition in caption suffers from the following deficiencies:...
Promulgated on 2005-09-01

629. CA GR SP 60526: NIVAL SECURITY & PROTECTIVE AGENCY, INC. vs NLRC (First Division), et al.
Before this Court is a Petition for certiorari and prohibition with prayer for temporary restraining order and/or writ of preliminary injunction under Rule 65 of the 1997 Rules of Civil Procedure, assailing the Resolutions of the National Labor Relatio...
Promulgated on 2005-09-01

630. CA GR SP 90664: True Blue Fashion Mfg. Co., Filomena Bito vs. NLRC, Regalado Mendoza, Angelito Alvarez, et al.
This is a petition for certiorari seeking the nullification or setting aside of the Resolutions dated May 17, 2004 and April 21, 2005, both issued by the National Labor Relations Commission. The time within which to file the petition for review expires...
Promulgated on 2005-09-01

631. CA GR SP 69810: SAINT MICHAEL RETREAT HOUSE/VERONICA PINEDA vs NLRC (SECOND DIVISION), et al.
Before Us is a Petition for Certiorari under Rule 65 of the 1997 Rules of Civil Procedure assailing the Resolutions dated 15 October 2001 and 29 November 2001 of the National Labor Relations Commission (Second Division) in NLRC NCR CA No. 024543-2000 (...
Promulgated on 2005-09-01

632. CA GR SP 70085: BANI RURAL BANK, INC., et al. vs NLRC (Third Division), et al.
Before Us is a Petition for Certiorari assailing the Decision dated 28 September 2001 and Resolution dated 23 January 2002 of the National Labor Relations Commission (Third Division) in the consolidated cases entitled "Teresa de Guzman Tan vs. Bani Rur...
Promulgated on 2005-09-01

633. CA GR CV 73526: Heirs of Francisco Del Rosario vs. Juan Tangbaoan, Domingo Tangbaoan, et al.
Assailed before us on appeal is the decision of the Regional Trial Court, Branch 1, Abra in Civil Case No. 1143 for quieting of titles, filed by Caridad Tadeo vda. del Rosario and Floredeliza del Rosario as heirs (wife and daughter, respectively) of th...
Promulgated on 2005-09-01

634. CA GR SP 89292: SPOUSES RENATO MATIAS AND CELIA MATIAS vs SPOUSES PEDRO ROLDAN FERDINAND REYES
For resolution is petitioners' Motion for Reconsideration1 of the May 19, 2005 Resolution2 of this Court denying due course to their petition for review and outrightly dismissing the same pursuant to Section 7, Rule 43 of the Rules of Court....
Promulgated on 2005-09-01

635. CA GR SP 81181: Imelda Khan-Arellano vs. NLRC, Labor Arbiter Roma Asinas, DLSU-CSB, Leticia Delarmente, et al.
The employer has the discretion to regulate all aspects of employment, and the workers had the corresponding obligation to obey company rules and regulations. Further, deliberately disregarding or disobeying the rules cannot be countenanced, and any j...
Promulgated on 2005-09-01

636. CA GR CV 83046: WALLED CITY PROPERTIES INC., REPRESENTED BY ITS VICEPRESIDENT vs REPUBLIC OF THE PHILIPPINES,
Finding no new matter of substance that would warrant the modification much less the reversal of the June 20, 2005 Decision of this Court, the Motion for Reconsideration1 filed by the oppositor-appellant is hereby DENIED for lack of merit....
Promulgated on 2005-09-01

637. CA GR CV 61164: LOLITA PUNZALAN-GARCIA VS. REPUBLIC OF THE PHILIPPINES
Before us is an appeal from the decision rendered by the Regional Trial Court, Branch 57 (Angeles City) in a Petition for Reconstitution of Title filed by petitioner-appellee Lolita Punzalan Garcia. Appellant is the Republic of the Philippines, basing...
Promulgated on 2005-09-01

638. CA GR CV 67224: LUISA V. ANTONIO, ET. AL. VS. RURAL BANK OF TABUKKALINGA, ET. AL.
Before this Court on appeal is the Decision2 dated February 17, 2000 issued by the Regional Trial Court (RTC), Branch 25, Bulanao,...
Promulgated on 2005-09-01

639. CA GR SP 84012: SPS. ROLANDO ILIGAN, et al vs. ALEGRIO SOLICITO, et al
Acting on the petitioners' Motion for Reconsideration of this Court's April 29, 2005 Decision which partly modified the assailed decision of the Regional Trial Court, we find no cogent or justifiable reason to grant the same....
Promulgated on 2005-09-01

640. CA GR SP 68482: MARIO RAPAL vs. BIENVENIDO C. BARRIENTOS
We have carefully reviewed and appreciated petitioner's arguments in seeking reconsideration of our April 29, 2005 Decision which reversed and set aside the assailed decision of the Regional Trial Court. Sadly, we find no compelling or justifiable reas...
Promulgated on 2005-09-01

641. CA GR SP 87707: FELIMON R. CUEVAS vs SECRETARY OF JUSTICE and CESAR T. QUIAMBAO
Finding no new matter of substance that may warrant the modification much less the reversal of this Court's decision1 dated July 20, 2005, petitioner's Motion for Reconsideration2 is hereby DENIED for lack of merit....
Promulgated on 2005-09-01

642. CA GR CV 60566: SPOUSES HONESTO and MELLY NIEVA MIRABALLES VS. REPUBLIC OF THE PHILIPPINES
The present action is an appeal from the decision of the Regional Trial Court, Branch 2 of Legaspi City, Albay denying petitioners-appellants? Petition for Reconstitution of Original Certificate of Title Covering Lot No. 5131 of the Cadastral Survey of...
Promulgated on 2005-09-01

643. CA GR CV 7681: DR. EDWIN ABADINES vs BILLY A. DAY and MA. THERESA LEDESMA
Before this Court is an appeal from the Decision dated 09 April 2002 and Order dated 27 June 2002 of the Regional Trial Court of the City of San Fernando, Pampanga, Branch 42 in Civil Case No. 300-0-91 entitled "Dr. Edwin Abadines vs. Billy A. Day & Ma...
Promulgated on 2005-09-01

644. CA GR SP 86511: EQUITABLE PCI-BANK vs HON. JUDGE ELMO ALAMEDA et al.
Finding no new matter of substance that would warrant the modification much less the reversal of the June 17, 2005 Decision1 of this Court, the Motion for Reconsideration2 filed by the petitioner is hereby DENIED for lack of merit....
Promulgated on 2005-09-01