Today is Saturday, August 23, 2014
  
 

Promulgated Decisions and Resolutions
for October, 2006

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 71064: CRISTINA M. MASANQUE vs. WILFREDO C. MASANQUE
On appeal is the Decision of the Regional Trial Court of Angeles City (Branch 61), dated February 23, 2001,...
Promulgated on 2006-10-31

2. CA GR CR 00815: PEOPLE OF THE PHILIPPINES vs. ISAIAS DIZON
This is an automatic appeal from the Decision, dated January 10, 2005, of the Regional Trial Court of Maddela, Quirino, Branch 38, in Criminal Case No. 38-139,...
Promulgated on 2006-10-31

3. CA GR CV 73171: LHEA BAUTISTA vs. ROBIN CRUZ and MARIANO MANGALINDAN, et al.
This is an Appeal assailing the Decision of the Regional Trial Court, Br. 53, Third Judicial Region, Guagua, Pampanga, rendered in favor of the plaintiff on a Complaint for Damages, docketed as Civil Case No. G-2750....
Promulgated on 2006-10-31

4. CA GR CR 00596: PEOPLE OF THE PHILIPPINES vs. RONALD EVANGELISTA y MESA
This is an automatic Appeal from the joint Decision dated July 30, 2004 of the Regional Trial Court(RTC) of Quezon City, National Capital Judicial Region, Branch 81, in Criminal Cases Nos. Q-00-96512 and Q-00-96513,...
Promulgated on 2006-10-31

5. CA GR SP 93387: COMMISSIONER OF INTERNAL REVENUE vs. HON. RAUL M. GONZALES, et al.
This is a Petition for Certiorari under Rule 65 of the 1997 Rules of Civil Procedure, as amended,...
Promulgated on 2006-10-31

6. CA GR SP 94444: GO KEH LU/OHIO SHOE EMPORIUM vs. THE INTELLECTUAL PROPERTY OFFICE OF THE PHILIPPINES (IPO), et al.
This is a Petition for Certiorari under Rule 65 of the 1997 Rules of Civil Procedure, as amended, which seeks to nullify the ruling of public respondent the Intellectual Property Office,...
Promulgated on 2006-10-31

7. CA GR CV 85749: ANSELMO R. DINO, et al. vs. MELECIA R. DINO, et al.
This is an appeal under Rule 41 of the 1997 Rules of Civil Procedure, as amended, from the Decision dated June 30, 2005,...
Promulgated on 2006-10-31

8. CA GR CV 83627: MINDA C. ACOP, et al. vs. JAIME YUKIANKI, et al.
For Our consideration is the Joint Manifestation filed by both parties stating that defendants-appellants paid the amount of one hundred thirty six thousand four hundred seventy five pesos ( P 136, 475.00 )...
Promulgated on 2006-10-31

9. CA GR SP 63958: FRANCISCA ESTACIO, et al. vs. HON. OFELIA TUAZON-PINTO, et al.
For Our consideration is petitioners' Motion to Withdraw Petition stating that the parties have entered into a compromise settlement. For the reason stated therein the Motion to Withdraw Petition is GRANTED....
Promulgated on 2006-10-31

10. CA GR CR 30006: PEOPLE OF THE PHILIPPINES vs. RENATO REBOLLEDO @ "Rene",
In compliance with our Resolution dated September 19, 2006, a Comment with Motion To Withdraw Appeal was filed by the Public Attorney's Office confirming the letter-request of accused relative to the latter's voluntary withdrawal of the appeal....
Promulgated on 2006-10-31

11. CA GR SP 79651: MOLDEX REALTY, INC. vs. FLORA A. SABERON
The petitioner Moldex Realty, Inc. (or hereafter MOLDEX) was sued before the Housing and Land Use Regulatory Board (or HLURB) Arbiter by the respondent Flora A. Saberon (or Saberon) for Annulment of Contract with Damages and for Cancellation of the Lic...
Promulgated on 2006-10-31

12. CA GR CV 73031: MA. GRACIA RINOZA PLAZO et al. vs. ROLANDO RINOZA, et al.
This is an Appeal assailing the Judgment of the Regional Trial Court, Br. 14, Fourth Judicial Region, Nasugbu, Batangas, on a Complaint for Judicial Partition with Annulment of Title and Recovery of Possession, docketed as Civil Case No. 217....
Promulgated on 2006-10-31

13. CA GR CV 79618: RESTITUTO DOMAGAS et al. vs. Spouses ROGELIO OCLAY and PURIFICACION OCLAY, et al.
Before Us is an Appeal from the Decision of the Regional Trial Court of Dagupan City, Branch 43, in Civil Case No. 98- 02059-D,...
Promulgated on 2006-10-31

14. CA GR SP 92227: ROMEO P. DE GUZMAN vs. OFFICE OF THE OMBUDSMAN and JOAQUIN R. CONFESOR, JR.,
In a Petition for Review and Prohibitory and Mandatory Injunction with Prayer for the issuance of a Temporary Restraining Order (TRO)...
Promulgated on 2006-10-31

15. CA GR CR 29301: PEOPLE OF THE PHILIPPINES vs. FERMIN BADAY, SR.
Fermin Baday, Sr. ("accused-appellant") appeals the Decision dated January 10, 2005 of the Regional Trial Court of San Fernando, La Union City,...
Promulgated on 2006-10-31

16. CA GR CV 61110: REPUBLIC OF THE PHILIPPINES vs. SPOUSES EDWIN L. SEGOVIA & RAYMUNDA V. SEGOVIA, et al.
Any right, fact or matter in issue directly adjudicated or necessarily involved in the determination of an action before a competent court in which judgment is rendered on the merits...
Promulgated on 2006-10-31

17. CA GR SP 95785: ROSITA BONITA-GAYLA vs. HON. ARSENIO P. ADRIANO, et al.
Before Us is a Petition for Annulment of Judgment under Rule 47 of the 1997 Rules of Civil Procedure filed by the petitioner on August 23, 2006...
Promulgated on 2006-10-31

18. CA GR CV 69851: MILDRED JADORMIO NAVAL vs. PHILIP G. NAVAL,
This is an appeal filed by plaintiff-appellant Mildred Jadormio- Naval assailing the December 6, 2000 Decision (Rollo, pp. 53-60) of the Regional Trial Court of Santiago City, Branch 21 in Civil Case No. FC-2706 for the "Declaration of Absolute Nullity...
Promulgated on 2006-10-31

19. CA GR CV 80674: MANNY C. CONCEPCION vs. ROVILLA C. SY, et al.
This is an appeal filed by Oppositor-Appellant Republic of the Philippines through the Office of the Solicitor General (OSG) questioning the April 24, 2003 Decision of the Regional Trial Court (RTC) of Manila, Branch 4 in Civil Case No. 01-100317,...
Promulgated on 2006-10-31

20. CA GR SP 96453: GRACIANO VICTORIANO and RICKY FLOR vs. P/SUPT. BENJARDIE RESIDE, et al.
The high prerogative writ of habeas corpus was invoked by two men who claimed to have been arrested and detained by elements of the Caloocan City police without arrest warrants....
Promulgated on 2006-10-31

21. CA GR SP 95405: JIMMY A. TIU vs. HON. JUDGE ANTONIO M. EUGENIO, JR., et al.
This is a petition for certiorari with prayer for Preliminary Injunction and/or Temporary Restraining Order assailing the order dated July 11, 2006...
Promulgated on 2006-10-31

22. CA GR SP 90033: SHARIKAT AL-SAEEDI INTERNATIONAL MANPOWER, INC. vs. NLRC (FIRST DIVISION), et al.
Before this Court is a petition for certiorari under Rule 65 of the 1997 Rules of Civil Procedure assailing the Resolutions of the public respondent National Labor Relations Commission dated 30 April 2004 dismissing petitioner's appeal for its failur...
Promulgated on 2006-10-31

23. CA GR CV 62906: GIL LLAGAS, et al. vs. Spouses PURIFICACION TEOPE and ANDREW TEOPE, et al.
This is an appeal from the Decision, dated November 26, 1998, of the Regional Trial Court of Legazpi City, Br. 2, in Civil Case No. 9436,...
Promulgated on 2006-10-31

24. CA GR CV 77961: Spouses ANTHONY and JOSEFINA D. FIANZA vs. RIZAL COMMERCIAL BANKING CORPORATION, Baguio City Branch
This is an appeal from a Decision, dated November 22, 2002, of the Regional Trial Court of Baguio City, Branch 60, in Civil Case No. 4970-R,...
Promulgated on 2006-10-31

25. CA GR SP 78307: EAST WEST BANKING CORPORATION vs. OFFICE OF THE PRESIDENT, HLURB, et al.
Is it legal and just to restrain a bank from consolidating its title to a foreclosed condominium unit mortgaged by its developer without actual knowledge of its paid-up buyer?...
Promulgated on 2006-10-31

26. CA GR SP 92713: GERONIMO L. GALANG, JR. vs. NATIONAL LABOR RELATIONS COMMISSION, et al.
The controversy involved herein is the entitlement to permanent disability benefits of the petitioner, a seafarer, as the consequence of the injury he sustained while on board the private respondents' vessel,...
Promulgated on 2006-10-31

27. CA GR SP 88821: MAXIMA L. AVELINO, et al. vs. TERESITA A. QUIMSON-REYES
This is an appeal by way of petition for review under Rule 42 of the 1987 Rules of Court, which assails the Decision dated January 11, 2005 rendered by the Regional Trial Court of Cabanatuan City, Branch 23,...
Promulgated on 2006-10-31

28. CA GR CV 83701: EDUARDO F. RIVERA vs. REPUBLIC OF THE PHILIPPINES
This is an appeal from the Decision dated 19 April 2004 of the Regional Trial Court of Malolos, Bulacan, Branch 10,...
Promulgated on 2006-10-31

29. CA GR SP 91573: HERNANDO B. DELIZO vs. HON. EDWIN D. SORONGON, et al.
Assailed in the present petition for certiorari and prohibition, with an application for the issuance of a temporary restraining order and/or writ of preliminary injunction,...
Promulgated on 2006-10-31

30. CA GR SP 92697: NOVA STRUCTURA DEVELOPMENT AND MANAGEMENT CORPORATION et al. vs. NLRC et al.
Before us is a petition for certiorari under Rule 65 of the 1997 Rules of Civil Procedure, filed by petitioners Nova Structura Development and Management Corporation and Ricardo P. Cuerva...
Promulgated on 2006-10-31

31. CA GR CR 02417: PEOPLE OF THE PHILIPPINES vs. BIENVENIDO ABARRATIGUE
This is an appeal from the decision rendered by the Regional Trial Court of Caloocan City (Branch 128) finding the above named accusedappellant Bienvenido Abarratigue guilty of three counts of incestuous rape....
Promulgated on 2006-10-31

32. CA GR SP 91502: SUGAR REGULATORY ADMINISTRATION vs. JUDGE VIVENCIO S. BACLIG et al.
This petition for certiorari and prohibition seeks to declare the Order of HON. JUDGE VIVENCIO S. BACLIG (hereafter, "RESPONDENT JUDGE") of the Regional Trial Court, Branch 77, Quezon City,...
Promulgated on 2006-10-31

33. CA GR CV 80461: SECURITY FINANCE, INC. vs. SPS. ALEXANDER ESTABILIO ELIZA ESTABILIO and JOHN DOE
Assailed in the present appeal is the Decision dated June 28, 2002 in Civil Case No. 99-996 of Branch 141, Regional Trial Court, Makati City...
Promulgated on 2006-10-31

34. CA GR CV 58119: DUPAX ZINC PRODUCER, PHIL. vs. CHECHE ARBOLEDA
This is an appeal from the Decision dated December 21, 19952 in Civil Case No. C-13698 of Branch 128, Regional Trial Court, Caloocan City finding plaintiff-appellee Dupax Zinc Producer Philippines as the rightful possessor of the zinc ore and other pie...
Promulgated on 2006-10-31

35. CA GR CV 68949: DOMINGO MERCADO, et al. vs. SPOUSES ALEJANDRO and JULITA FERRERAS and CHILDREN:
Assailed in this appeal is the Decision dated June 13, 2000 in Civil Case No. U-6552 of Branch 45, Regional Trial Court, Urdaneta City, Pangasinan dismissing the complaint for "Declaration of Nullity of Documents with Damages" filed by plaintiffs-a...
Promulgated on 2006-10-31

36. CA GR SP 92880: AMELITA DELA MERCED AND FERNANDO DELA MERCED vs. MATEO C. ENRICO
This is a petition for review under Rule 42 of the 1997 Rules of Civil Procedure filed by petitioners Amelita dela Merced and Fernando dela Merced,...
Promulgated on 2006-10-31

37. CA GR CR 00193: PEOPLE OF THE PHILIPPINES vs. TAN YIN CHO and MIU MAN KA
Before this Court is an appeal interposed by accusedappellants Tan Yin Cho and Miu Man Ka from the decision dated July 24, 2002 of the Regional Trial Court (RTC), Branch 102, Quezon City,...
Promulgated on 2006-10-31

38. CA GR SP 96265: PHILIPPINE NATIONAL RED CROSS, et al. vs. HON. JOSE G. PANEDA, et al.
This is a petition for certiorari under Rule 65 seeking to annul and set aside the Order dated July 18, 2006 approving the verbal agreement by way of settlement between the petitioner and private respondents,...
Promulgated on 2006-10-31

39. CA GR CV 85506: HOSPICIO DE SAN JOSE vs. ELNA JAMERLAN
This is an appeal from the Decision dated February 2, 2005 of the Regional Trial Court of Pasay City, Branch 118 in Civil Case No. 03-0238 for Recovery of Possession...
Promulgated on 2006-10-31

40. CA GR SP 77593: C.F. SHARP CREW MANAGEMENT,INC., et al. vs. NATIONAL LABOR RELATIONS COMMISSION, et al.
The petitioners C.F. Sharp Crew Management Inc. and C.F. Sharp & Co., Pte. Ltd (or the petitioners for brevity unless individualized as CF Sharp Crew or CF Sharp Pte respectively) are before Us on certiorari assailing the National Labor Relations Commi...
Promulgated on 2006-10-31

41. CA GR SP 81266: FIL-ESTATE GOLF & DEVELOPMENT (FEGDI), INC., et al. vs. SPS. BENJAMIN G. HERBOSA, et al.
Submitted for resolution is petitioners' motion dated September 1, 2006, seeking reconsideration of Our Decision dated August 9, 2006, the dispositive portion of which reads:...
Promulgated on 2006-10-31

42. CA GR SP 69982: JUANITO GONZALES vs. TIRSO ZAPANTA
This is a petition for review under Rule 43 of the 1997 Rules of Civil Procedure seeking to set aside the April 7, 2000 Decision of the Department of Agrarian Reform and Adjudication Board in DARAB Case No. 4567,...
Promulgated on 2006-10-31

43. CA GR SP 88970: RIVERHEAD PROPERTY MANAGEMENT, INC. et al. vs. NLRC and ALETHO M. CRUZ
This is a petition for certiorari and prohibition under Rule 65 of the 1997 Rules of Civil Procedure seeking the annulment...
Promulgated on 2006-10-31

44. CA GR CR 29086: THE PEOPLE OF THE PHILIPPINES vs. VICENTE SARTE, JR. y PALACIO
Before this Court is an appeal from the decision1 dated June 16, 2004 of the Regional Trial Court (RTC), Branch 51, Sorsogon City in Criminal Case No. 93-3495,...
Promulgated on 2006-10-31

45. CA GR SP 86515: SOLIDARITY IN COLLEGE ASSURANCE PLAN (SICAP) vs. COLLEGE ASSURANCE PLAN PHILIPPINES, INC.
In this petition for review under Rule 43 of the 1997 Rules of Civil Procedure, petitioner Solidarity in College Assurance Plan (SICAP, for brevity),...
Promulgated on 2006-10-31

46. CA GR SP 92416: NAGSAMA-PUREFOODS-HORMELPULO vs. NATIONAL LABOR RELATIONS COMMISSION, et al.
In this petition for certiorari filed under Rule 65 of the 1997 Rules of Civil Procedure, petitioner NAGSAMA-PUREFOODSHORMEL- PULO,...
Promulgated on 2006-10-31

47. CA GR SP 90613: RUTULO R. GEBILAGUIN vs. PERCIVAL V. BARTOLATA, et al.
In this petition for certiorari filed under Rule 65 of the 1997 Revised Rules of Court on July 27, 2005, petitioner Rutulo Gebilaguin,...
Promulgated on 2006-10-31

48. CA GR CR 01953: PEOPLE OF THE PHILIPPINES vs. ROMEO MIRANDA y MICHAEL
This is an appeal from the Decision dated February 13, 2004 in Criminal Case No. 118507-H of Branch 261, Regional Trial Court (RTC), Pasig City which convicted appellant Romeo Miranda of rape and sentenced him to suffer the penalty of death....
Promulgated on 2006-10-31

49. CA GR CV 83440: ANNABELLE DINO vs. EDMER Y. LIM and EDRON CONSTRUCTION CORPORATION
Before Us on Appeal is the decision of the Regional Trial Court (RTC, for brevity) Civil Case No. Q-02-46344...
Promulgated on 2006-10-31

50. CA GR SP 96408: ALEJANDRO P. BIASON vs. NATIONAL LABOR RELATIONS COMMISSION, et al.
On October 6, 2006, herein petitioner filed a Petition for Certiorari under Rule 65 of the Revised Rules of Court from the Decision dated May 31, 2006 of public respondent National Labor Relations Commission, Third Division, Quezon City...
Promulgated on 2006-10-31

51. CA GR CV 86074: FELICIDAD DALLO y CORPUZ, et al. vs. GREGORIA DELIZO, et al.
Before Us is an appeal from the Amended Decision dated 4 August 2005 of the Regional Trial Court, Branch 31, Guimba, Nueva Ecija in Civil Case No. 830-G entitled "Felicidad Dallo y Corpuz, et al. vs. Gregoria Delizo, et al." for Annulment of Sale and/...
Promulgated on 2006-10-31

52. CA GR CV 76879: ADNYL CONSTRUCTION AND DEVELOPMENT CORPORATION vs. VILLA CRISTINA RESORT CORPORATION
Before Us on appeal is the July 17, 2002 Decision of the Regional Trial Court (RTC) of Malolos, Bulacan, Branch 6 in Civil Case No. 845-M-95 for Sum of Money....
Promulgated on 2006-10-31

53. CA GR CV 80727: MANUEL F. CONSTANTINO, JR. AND LILIA M. LOPEZ vs. SPS. ALAN J. SEIM AND ELIZABETH G. SEIM
Before Us on appeal is the August 20, 2003 Decision of the Regional Trial Court (RTC) of Quezon City, Branch 78 in the Civil Case No. Q-01-44529 for Breach of Contract and Damages....
Promulgated on 2006-10-31

54. CA GR CV 84592: JOSE JONAS M. COCHICO vs. ANNE MARIE T. DEL MUNDO-COCHICO
Before Us on appeal is the September 10, 2004 Decision of the Regional Trial Court (RTC) of Las Pińas City, Branch 254 in Civil Case No. LP-01-0131 for Declaration of Nullity of Marriage...
Promulgated on 2006-10-31

55. CA GR CR 01942: PEOPLE OF THE PHILIPPINES vs. YOON CHANG WOOK
This is an appeal from the April 24, 2000 Decision of the Regional Trial Court (RTC) of Paranaque City, Branch 259, in Criminal Case No. 98-824/5,...
Promulgated on 2006-10-31

56. CA GR CR 01194: PEOPLE OF THE PHILIPPINES vs. ENGR. CONSTANTE HALOOT, et al.
This is an appeal from the January 22, 2003 Joint Decision of the Regional Trial Court (RTC) of Baguio City, Branch 3, in Criminal Cases...
Promulgated on 2006-10-31

57. CA GR CV 82294: FERNANDO TAN vs. EQUITABLE LEASING CORP., CARLOS T. SANTOS, et al.
On appeal is the Decision dated November 19, 2002 of the Regional Trial Court, Branch 23, Trece Martires City in Civil Case No. TM-519,...
Promulgated on 2006-10-31

58. CA GR CV 86016: OMNI ESTATE DEVELOPMENT AND HOLDINGS INC. vs. HEIRS OF EUGENIA TRABAJO
In this appeal from the Decision dated May 27, 2005 of the Regional Trial Court, Branch 33, Manila in Civil Case No. 03-107177,...
Promulgated on 2006-10-31

59. CA GR SP 89910: CHERDAN LENDING INVESTORS CORP. vs. HON. PRES. JUDGE OF THE RTC. OF PARANAQUE CITY BR. 258
Petitioner seeks redress, by way of certiorari and preliminary mandatory injunction, before this Court to assail the Orders dated December 20, 2004...
Promulgated on 2006-10-31

60. CA GR CV 78126: RUBEN L. BOLATON vs. CAROLE EVANGELISTA BOLATON
Before Us on Appeal is the Decision dated 5 November 2002 rendered by the Regional Trial Court ("RTC", for brevity), which granted the instant petition for declaration of nullity of marriage...
Promulgated on 2006-10-31

61. CA GR CR 27259: PEOPLE OF THE PHILIPPINES vs. NEMIA BALISALISA
Before this Court is an Appeal seeking to set aside the Decision of the Regional Trial Court of Baguio City, [RTC, for brevity], convicting accused-appellant...
Promulgated on 2006-10-31

62. CA GR CV 83856: MARIA DIMAYUGA (deceased) rep by HILDA B. MALINAO vs. REPUBLIC OF THE PHILIPPINES
This is an Appeal interposed by the Republic of the Philippines from the Decision dated 12 August 2004 rendered by the Regional Trial Court ("RTC", for brevity)...
Promulgated on 2006-10-31

63. CA GR CV 82605: JOSEFINA G. GATLABAYAN vs. REPUBLIC OF THE PHILIPPINES
This is an Appeal interposed by the Republic of the Philippines from the Decision dated 23 January 2004 rendered by the Municipal Trial Court in Cities ("MTCC", for brevity),...
Promulgated on 2006-10-31

64. CA GR SP 80567: DANILO GLIPA Y EDRALIN vs. HON. AMELIA A. FABROS, et al.
Before this Court is a petition for certiorari, prohibition and mandamus with prayer for the issuance of a writ of preliminary injunction....
Promulgated on 2006-10-31

65. CA GR SP 83208: SONY MUSIC ENTERTAINMENT (PHILS.) INC., et al. vs. HON. SIMEON DATUMANONG, et al.
Before Us is a Petition for Certiorari filed by petitioners seeking to nullify and set aside (1) the Resolution of the Office of the City Prosecutor of Valenzuela City...
Promulgated on 2006-10-31

66. CA GR SP 94346: VISITA INT'L PHILS. asnd/or PRAKASH DAYARAM vs. N L R C HON. ARBITER RAMON VALENTIN C. REYES
In this petition for certiorari, petitioners Visita International Philippines (Visita) and/or Prakash Dayaram (Dayaram) pray for the annulment of the Resolution...
Promulgated on 2006-10-31

67. CA GR SP 92660: SEBASTIAN REQUITUD vs. HON. MYRA V. GARCIA-FERNANDEZ
Challenged in this petition for certiorari under Rule 65 of the Rules of Court are the two (2) issuances by respondent Judge Myra V. Garcia-Fernandez of RTC Br.18...
Promulgated on 2006-10-31

68. CA GR SP 96223: LAUREANO LARON, et al. vs. PEDRO L. MERRIT, JR., et al.
Before Us is a Petition for Annulment of Judgment under Rule 47 of the Rules of Court, which was filed by herein intervenors-appellants, seeking to nullify and set aside the Decision dated November 20, 2001...
Promulgated on 2006-10-31

69. CA GR CV 66668: PEDRO RUAR, VIOLETA B. PULIDO, et al. vs. SILVINA PULIDO, ROWELL ESTACIO, et al.
Before Us is an ordinary appeal under Rule 41, Sec. 2 (a) of the 1997 Rules of Civil Procedure praying that the Orders issued by Branch 46 of the Regional Trial Court (RTC) of Urdaneta City,...
Promulgated on 2006-10-31

70. CA GR SP 94433: ORIENTAL ASSURANCE CORPORATION vs. HON. RAMON VALENTIN C. REYES, et al.
Before Us is a special civil action for Certiorari and Prohibition with prayer for the issuance of a temporary restraining order and/or writ of preliminary injunction...
Promulgated on 2006-10-31

71. CA GR CV 70766: MARIGENE G. ADALIN vs. DIMPNA PALMA DEFENSOR, et al.
Before Us is an Appeal from the Decision dated February 14, 2001 of the Regional Trial Court of Pasig City, Branch 71, in Civil Case No. 66246 for Rescission with Damages,...
Promulgated on 2006-10-31

72. CA GR CV 70535: NOEL REYNALDO G. NAVARRETE vs. GLORIA A. NAVARRO
On appeal is the Decision of the Regional Trial Court of Quezon City (Branch 107), dated October 30, 2000,...
Promulgated on 2006-10-31

73. CA GR CV 70257: ROEL CASTANEDA, et al. vs. SPS. LIBERATO ANDRADA, JR. AND CARMELITA ANDRADA, et al.
Before Us is an Appeal from the Decision dated November 21, 2000 of the Regional Trial Court (RTC) of Masbate, Masbate, Branch 46, in Civil Case No. 4826 for Recovery of Possession and Ownership with Damages,...
Promulgated on 2006-10-31

74. CA GR CV 70232: GRACE MEDEL TAN vs. CONCEPCION V. BERSAMINA, ET AL.
Before Us is an Appeal from the Decision dated August 28, 2000 of the Regional Trial Court of Quezon City, Branch 105, in Civil Case No. Q-94-22020 for Consolidation of Ownership,...
Promulgated on 2006-10-31

75. CA GR CR 02298: PEOPLE OF THE PHILIPPINES vs. LUIS VALLOYAS Y MALBOG
Accused Luis Valloyas y Malbog ("appellant") appeals from the Decision dated August 18, 2000, rendered by the Regional Trial Court of Urdaneta City (Branch 46) in Criminal Case No. U-10590,...
Promulgated on 2006-10-31

76. CA GR CR 29264: BENJAMIN ANTONIO Y BASA vs. PEOPLE OF THE PHILIPPINES
Before Us is a petition for review under Rule 122 of the Revised Rules of Criminal Procedure in relation to Rule 42 of the Rules of Court,...
Promulgated on 2006-10-31

77. CA GR CR 28928: PEOPLE OF THE PHILIPPINES vs. EVELYN ALCANTARA Y PAGALARAN, et al.
Accused-appellant Evelyn Alcantara y Pagalaran ("appellant") appeals from the Decision of the Regional Trial Court of Aparri, Cagayan (Branch 09), dated June 25, 2004, in Criminal Case No. 09- 1131,...
Promulgated on 2006-10-31

78. CA GR CR 28494: PEOPLE OF THE PHILIPPINES vs. SPOUSES BIENVENIDA G. BRUSELAS, et al.
Before Us is appeal from the Decision dated January 5, 2004 rendered by the Regional Trial Court of Manila, Branch 48, in Criminal Case No. 90-14925, finding the accused-appellant guilty beyond reasonable doubt of the crime of estafa thru falsification...
Promulgated on 2006-10-31

79. CA GR CV 80527: BPI FAMILY SAVINGS BANK vs. MA. REGINA H. SARMIENTO
Before Us on Appeal is the Decision dated 28 August 2003 rendered by the Regional Trial Court (RTC, for brevity),...
Promulgated on 2006-10-31

80. CA GR SP 88233: INNODATA PHILIPPINES, INC. vs. NATIONAL LABOR RELATIONS COMMISSION (SECOND DIVISION), et al.
Before the Court is a petition for certiorari which seeks to nullify the Resolutions dated July 22, 2004 and September 30, 2004, respectively,...
Promulgated on 2006-10-31

81. CA GR CV 85273: ANTONIETA MIRANDA vs. REPUBLIC OF THE PHILIPPINES
In this appeal, the Republic of the Philippines seeks to reverse and set aside the Decision dated July 6, 1999 rendered by the Municipal Trial Court in Bacoor, Cavite...
Promulgated on 2006-10-31

82. CA GR SP 74259: ROSITA M. OLAVARIO vs. THE HON. ROMULO SG. VILLANUEVA, et al.
Assailed in the present petition for certiorari filed under Rule 65, 1997 Rules of Civil Procedures are the Orders dated April 29, 2002 and August 29, 2002...
Promulgated on 2006-10-31

83. CA GR CR 01549: PEOPLE OF THE PHILIPPINES vs. EDGAR RIMANDO Y BUEZA
On appeal is the Decision of the Regional Trial Court, Branch 32, Pili, Camarines Sur, convicting appellant Edgar Rimando y Bueza of violation of Section 5, Republic Act (R.A.)...
Promulgated on 2006-10-31

84. CA GR CV 78400: SPOUSES PEDRO AND ANITA SALDUA vs. SPOUSES DOMINGO AND CYNTHIA ALFONSO
This is an appeal taken by appellants Spouses Pedro and Anita Saldua, from the decision dated December 20, 2002 of the Regional Trial Court (RTC), Branch 25, Tagudin, Ilocos Sur in Civil Case No. 0780-T, for damages....
Promulgated on 2006-10-30

85. CA GR SP 92473: CAREER PHILIPPINES SHIPMANAGEMENT, INC. et al. vs. FRANY PAGLINAWAN CASTILLO, ET AL.
This is a petition for certiorari under Rule 65 of the 1997 Rules of Civil Procedure assailing the decision dated July 22, 2005,...
Promulgated on 2006-10-30

86. CA GR SP UDK 5570: EAST ASIA CONSTRUCTION, INC. et al. vs. NATIONAL LABOR RELATIONS COMMISSION et al.
For consideration is petitioners' Omnibus Motion for Reconsideration of this Court's resolution dated August 16, 2006 which dismissed the Petition....
Promulgated on 2006-10-30

87. CA GR SP 92928: ROMEO GUESE vs. CORAZON FLORES
This is a petition for review filed by petitioner Romeo Guese under Rule 42 of the 1997 Rules of Civil Procedure, assailing the Decision dated August 31, 2005...
Promulgated on 2006-10-30

88. CA GR SP 95959: ALSGRO INDUSTRIAL AND DEVELOPMENT CORPORATION, et al. vs. CLARKS CONCRETE PRODUCTS CORPORATION
Finding the instant Petition for Review defective, We hereby DISMISS the same on the following grounds:...
Promulgated on 2006-10-30

89. CA GR CV 76345: JUAN MARCOS ARELLANO, JR. vs. NILO RAYMUNDO
This is an appeal taken by defendant-appellant Nilo Raymundo, seeking to reverse and set aside the decision dated August 14, 2002 of the Regional Trial Court (RTC), Branch 67, Pasig City, in Civil Case No. 65956, for sum of money....
Promulgated on 2006-10-30

90. CA GR SP 91828: MANILA ELECTRIC COMPANY vs. HON. RENATO C. FRANCISCO, et al.
In this petition for certiorari filed under Rule 65 of the 1997 Rules of Civil Procedure, petitioner Manila Electric Company assails the Order dated August 17, 2005...
Promulgated on 2006-10-30

91. CA GR SP 94038: MANUEL H. NIETO, JR. vs. SECURITIES AND EXCHANGE COMMISSION, et al.
A petition for certiorari under Rule 65 is a special civil action that seeks only to correct errors of jurisdiction - not errors of judgment -...
Promulgated on 2006-10-30

92. CA GR CV 83006: ELEANOR MORALES vs. SPOUSES PEDRO OBISPO and MARIA SALOM OBISPO, et al.
This is an appeal taken by respondents-appellants Spouses Pedro Obispo and Maria Salom Obispo, and Virginia Santiago from the order dated March 8, 2004...
Promulgated on 2006-10-30

93. CA GR SP 96052: ROSEMARIE BALUYOT, et al. vs. HON. SALVADOR V. TIMBANG, JR., et al.
Considering the report dated October 25,2006 of the Judicial Records Division that no petition has been filed despite the Court's Resolution dated September 18, 2006...
Promulgated on 2006-10-30

94. CA GR SP 90131: PORFIRIO RAMOS, et al. vs. HON. WILFREDO T. NIEVES, et al.
In this special civil action for certiorari, the plaintiffs in Civil Case No. 875-M-99 of the Regional Trial Court (RTC), Branch 84, in Malolos City, Bulacan...
Promulgated on 2006-10-30

95. CA GR CV 85803: REPUBLIC OF THE PHILIPPINES vs. PABLO B. ATENTO et al.
Before this Court is an appeal from the decision dated June 20, 2005 of the Regional Trial Court, Fifth Judicial Region, Branch 5, Legaspi City in Civil Case No. 10122,...
Promulgated on 2006-10-30

96. CA GR CV 72403: EDY VALENTOS-CUSTODIO vs. MELBA CABLING-RUIZ, et al.
Assailed in this appeal is the Decision dated December 14, 2000 in Civil Case No. 3031 of Branch 10, Regional Trial Court, Balayan, Batangas...
Promulgated on 2006-10-30

97. CA GR SP 93658: F. U. JUAN CORPORATION and FERNANDO U. JUAN vs. RAFAEL J. ROXAS and HEIRS OF EUGENIA V. ROXAS, INC.
Before this Court is a Petition for Review under Rule 43 of the 1997 Revised Rules of Civil Procedure and in relation to SC En Banc Resolution Adm. No. 04-09-07...
Promulgated on 2006-10-30

98. CA GR CV 73465: JUAN PENALOSA, JUSTINO IMPERIAL, et al. vs. FELIPE AGRAVANTE
A partnership may be constituted in any form, except where immovable property or real rights are contributed thereto, in which case a public instrument shall be necessary....
Promulgated on 2006-10-30

99. CA GR SP 95030: HUN HYUNG PARK vs. HON. CESAR UNTALAN, et al.
Before this Court is a petition for certiorari under Rule 65 of the 1997 Revised Rules of Civil Procedure assailing the Orders...
Promulgated on 2006-10-30

100. CA GR CV 73965: PRUDENTIAL GUARANTEE & ASSURANCE, INC. vs. GOVERNMENT SERVICE INSURANCE SYSTEM
Before the Court is an appeal from the Order dated January 11, 2002 in Civil Case No. 01-1634 of Branch 149, Regional Trial Court, Makati City...
Promulgated on 2006-10-30

101. CA GR SP 96192: FUTURE CAREER RECRUITMENT AGENCY, INC. vs. NLRC (3rd Division), et al.
This pertains to a petition for certiorari under Rule 65 wherein the petitioner attributes grave abuse of discretion to the public respondent National Labor Relations Commission...
Promulgated on 2006-10-30

102. CA GR CV 75399: LEONARDO SIGUION REYNA vs. FAUSTINO T. CHIONG, et al.
The first and principal law in succession is to give effect to the wishes of the testator. Law and jurisprudence prefer testate succession over intestate succession....
Promulgated on 2006-10-30

103. CA GR SP 89949: JULIO BUENSUCESO vs. EUFRONIO TOLEDO, et al.
The plaintiff seeks the review and reversal of the decision dated January 25, 2005 of the Regional Trial Court (RTC), Branch 5, in Dinalupihan, Bataan,...
Promulgated on 2006-10-30

104. CA GR SP 81268: CELESTE L. PATIAM vs. NLRC, et al.
In this petition for certiorari petitioner seeks to set aside the Resolution dated July 14, 2003 of the National Labor Relations Commission (NLRC),...
Promulgated on 2006-10-30

105. CA GR SP 90059: JOEY OCAMPO vs. N L R C, ORCHID TRADING, INC., et al.
Assailed in this petition are the twin Resolutions of the National Labor Relations Commission (NLRC) affirming the Labor Arbiter's decision dismissing the complaint...
Promulgated on 2006-10-30

106. CA GR SP 78578: RIZAL INTERNATIONAL SHIPPING SERVICES, INC. vs. NATIONAL LABOR RELATIONS COMMISSION, et a.
This petition for certiorari was filed by Rizal International Shipping Services, Inc. (or hereafter Rizal Shipping for brevity) assailing the Decision of the National Labor Relations Commission (or NLRC) which affirmed with modification the Decision of...
Promulgated on 2006-10-30

107. CA GR SP 82693: BF CITILAND CORPORATION,REBECCA BUENAVENTURA, et al. vs. SPS. CARLOS and JOSEFINA PARAINO
Before Us is a petition for review seeking the nullification of the December 8, 2003 Order of the Office of the President (OP) in O.P. Case No. 03-E-352...
Promulgated on 2006-10-30

108. CA GR CR 02237: PEOPLE OF THE PHILIPPINES vs. PEDRO FLORES Y FLORES
This is an appeal from the August 14, 2003 Decision of the Regional Trial Court (RTC) of Urdaneta City, Pangasinan, Branch 48, in Criminal Case No. U-5088,...
Promulgated on 2006-10-30

109. CA GR SP 94748: LIM BIAK CHIAO vs. HONORABLE REGIONAL TRIAL COURT, et al.
This Petition for Certiorari with prayer for issuance of temporary restraining order and/or Preliminary Injunction, filed under Rule 65 of the 1997 Rules of Civil Procedure, seeks to annul and set aside the twin Orders,...
Promulgated on 2006-10-30

110. CA GR CR 29495: PEOPLE OF THE PHILIPPINES vs. BONIFACIO TEJADA DOLERA
This is an appeal from the Decision of the Regional Trial Court, Branch 103, Quezon City finding accused-appellant guilty of possession of shabu....
Promulgated on 2006-10-30

111. CA GR CV 80963: TRADERS ROYAL BANK vs. WEST MANSIONS, INC.
This is an appeal from the Decision of the Regional Trial Court, Branch 222, Quezon City dismissing the petition for writ of possession....
Promulgated on 2006-10-30

112. CA GR SP 87819: ALFREDO DAVID vs. HON. MARLENE GONZALES-SISON, et al.
Petitioner Alfredo David (hereinafter petitioner), in this petition for certiorari and mandamus, seeks to nullify the Orders dated 31 March 2004 and 22 September 2004 both issued by public respondent Hon. Marlene Gonzales-Sison,...
Promulgated on 2006-10-30

113. CA GR SP 89904: SALVACION TOCA vs. HON. VLADIMIR B. BRUSOLA, et al.
Before this Court is a petition for certiorari seeking to inhibit the public respondent Hon. Vladimir B. Brusola, presiding Judge of the Regional Trial Court, 5th Judicial Region, Branch 6, Legaspi City,...
Promulgated on 2006-10-30

114. CA GR CR 01748: PEOPLE OF THE PHILIPPINES vs. DANTE LADESMA
This is an appeal from the decision dated January 20, 2004 of the Regional Trial Court (RTC) of Gumaca, Quezon, Branch 61,finding accused Dante Ladesma guilty of the crime of murder in Criminal Case No. 6848-G....
Promulgated on 2006-10-30

115. CA GR SP 93207: LAND BANK OF THE PHILIPPINES vs. HEIRS OF ELEUTERIO CRUZ
THE PETITIONER SEEKS THE RECONSIDERATION OF OUR DECISION OF 2006, ALLEGING THAT:...
Promulgated on 2006-10-30

116. CA GR CV 82897: EFREN B. SERVANDO, JR. vs. REPUBLIC OF THE PHILIPPINES
This is an appeal from the Decision dated November 5, 2003 (Records, pp. 47-48) of the Regional Trial Court of Puerto Princesa City, Branch 95, in Land Case No.1557...
Promulgated on 2006-10-30

117. CA GR CV 80005: SPS. SERGIO & GLORIA FERRER vs. REPUBLIC OF THE PHILIPPINES
This is an appeal from the Decision (Records, pp. 144-145) dated June 12, 2003 granting the application for registration of title...
Promulgated on 2006-10-30

118. CA GR CV 82389: ERNESTO MARTIR, et al. vs. REPUBLIC OF THE PHILIPPINES
This is an appeal from the Decision of the Regional Trial Court of Agoo, La Union, Branch 31, for reconstitution of Original Certificate of Title No. 212 dated March 1, 2004 which granted the petition...
Promulgated on 2006-10-30

119. CA GR CV 85884: GIL MIGUEL WENCESLAO T. PUYAT vs. MA. THERESA JACQUELINE R. PUYAT
On appeal by respondent Ma. Theresa Jacqueline R. Puyat is the Decision of the Regional Trial Court of Makati City ("RTC") dated January 16, 2004,...
Promulgated on 2006-10-30

120. CA GR SP 83381: RIZAL COMMERCIAL BANKING CORPORATION, et al. vs. R T C OF MAKATI (BR 136) and INT'L EXCHANGE BANK
Before Us is a petition for certiorari assailing the following Orders issued by the Regional Trial Court (RTC) of Makati City - Branch 136 in Civil Case No. 99-1081,...
Promulgated on 2006-10-30

121. CA GR SP 89844: VICTORIA B. COLLADO vs. DR. EDUARDO DE LA VEGA
This is a petition for review of the April 22, 2005 Decision of the Regional Trial Court (RTC) of Makati City, Branch 145, in Criminal Cases Nos. 04-2476 and 04-2477,...
Promulgated on 2006-10-30

122. CA GR CV 69919: SPS. OSCAR & CRESCENCIANA EBALO and CHUA SY KIAN vs. JOSEFA JUSAY and RECATO MAGDIWANG
Before Us on Appeal is the decision of the Regional Trial Court (RTC, for brevity) dated September 23, 1999 in Civil Case No. 92-60202 for Damages...
Promulgated on 2006-10-30

123. CA GR SP 90639: MANUEL FERNANDO vs. NATIONAL LABOR RELATIONS COMMISSION, et al.
This is a petition for certiorari under Rule 65 of the 1997 Revised Rules of Court assailing the October 19, 2004 Decision and the May 31, 2005 Resolution of the public respondent in NLRC NCR OFW CN. 03-07- 1747-00 CA NO. 040321-04 on the ground that t...
Promulgated on 2006-10-30

124. CA GR CV 82168: SYLVIA ACADEMIA ESPIRITU vs. REPUBLIC OF THE PHILIPPINES
This is an appeal from the October 14, 2003 Decision of the Regional Trial Court, Branch 69, Iba, Zambales, in Cad. Case No. 11, Cad. Rec. 376,...
Promulgated on 2006-10-30

125. CA GR CV 65714: SECURITY BANK CORPORATION vs. KEYPOINT DEVELOPMENT CORPORATION, et al.
Before this Court is an appeal from the Decision of the Regional Trial Court, Branch 147, Makati City, in Civil Case No. 98-651 for sum of money, the dispositive portion of which reads:...
Promulgated on 2006-10-30

126. CA GR CV 65862: FIL-AMERICAN HARDWARE COMPANY, INC. vs. ASIAN CONSTRUCTION & DEVELOPMENT CORPORATION
This is an appeal from the Decision of the Regional Trial Court of Quezon City, Branch 217, in Civil Case No. Q-98-35531 for Sum of Money, the dispositive portion of which reads:...
Promulgated on 2006-10-30

127. CA GR CV 64934: QABBALAH CORPORATION, et al. vs. REPUBLIC OF THE PHILIPPINES
This is an appeal from the Decision dated June 7, 1999 of the Regional Trial Court of Pasig City, Branch 71, in LRC Case No. N- 11368, granting appellee's application for original registration of title....
Promulgated on 2006-10-30

128. CA GR CV 62688: AMABLE C. LUMANLAN vs. COMPUTER SYSTEM SPECIALIST, INC, et al.
Challenged in this appeal is the Decision dated August 13, 1998 (Records, pp. 286-290) of Branch 60 of the Regional Trial Court of Angeles City in Civil Case No. 8318...
Promulgated on 2006-10-30

129. CA GR CR 25919: PEOPLE OF THE PHILIPPINES vs. PEDRO ENRICO
Accused-appellant appeals before this Court his conviction by the Regional Trial Court [RTC, for brevity] for the crime of Estafa...
Promulgated on 2006-10-30

130. CA GR SP 92878: CESAR R. MANALAC vs. PEOPLE OF THE PHILIPPINES and HON. JUDGE AMELIA A. FABROS
Before Us is a petition for certiorari assailing the October 27, 2005 Order of the Regional Trial Court (RTC) of Pasig City - Branch 160...
Promulgated on 2006-10-30

131. CA GR CV 84426: HEIRS OF OLYMPIA CARREON AND PLACIDO DEL MUNDO, et al. vs. AURORA CARREON, et al.
Subjects of this disposition are the (1) Partial Motion for Reconsideration of the July 3, 2006 Decision filed by plaintiffs-appellants;...
Promulgated on 2006-10-30

132. CA GR SP 96247: HERMINIO D. SANCHEZ vs. HONORABLE REGIONAL TRIAL COURT, BR. 192, MARIKINA CITY, et al.
The Petition for Certiorari with prayer for the issuance of a temprorary restraining order and/or writ of preliminary injunction is denied due course on the following grounds:...
Promulgated on 2006-10-30

133. CA GR CV 80150: PABLO LORETO, et al. vs. MIGUEL AZUR and ISABEL DURAN
Challenged in this appeal is the Decision in Civil Case No. 450 for Declaration of Ownership with Damages and LRC No. 171 for Application for Land Registration, the decretal portion of which reads:...
Promulgated on 2006-10-30

134. CA GR CV 84653: ELMER REYNOSO, et al. vs. WESTMONT INVESTMENT CORPORATION and POWER MERGE CORPORATION
By this appeal, the spouses Elmer and Ma. Cynthia Reynoso (or the Reynosos for brevity) seek the reversal of the Order of dated June 24, 2004 rendered by Branch 153 of the Regional Trial Court of Pasig City (or RTC) dismissing their suit, as well as th...
Promulgated on 2006-10-30

135. CA GR SP 91485: IMELDA R. PERRYMAN vs. BICOL HAIR EXPORT CORPORATION and HON. JOSE G. DY.
Before Us is a Petition for Certiorari under Rule 65 of the Revised Rules of Court seeking the annulment of the June 24, 2005 and July 29, 2005 Orders of the Regional Trial Court (RTC) of Legazpi City,...
Promulgated on 2006-10-30

136. CA GR SP 96063: SINFRONIO A. ABAD, RICHARD C.DAILIG, et al. vs. CRESCENT SECURITY SERVICES, INC., et al.
We are constrained to outrightly DISMISS the instant "PETITION FOR CERTIORARI/APPEAL" for it was filed out of time....
Promulgated on 2006-10-30

137. CA GR SP 95769: WINSTON G. ARZAGA vs. PALAWAN COUNCIL FOR SUSTAINABLE DEVELOPMENT
A careful perusal of the Petition reveals that :...
Promulgated on 2006-10-30

138. CA GR CR 28956: PEOPLE OF THE PHILIPPINES vs. ROLANDO SUMULONG y VERGARA
ROLANDO SUMULONG y VERGARA is before Us on appeal from a Joint Decision of the court a quo dated 27 September 2004,...
Promulgated on 2006-10-30

139. CA GR CV 83353: F. S. MANAGEMENT AND DEVELOPMENT CORPORATION vs. RURAL BANK OF THE 21ST CENTURY, et al.
This is an appeal from the Order dated April 28, 2004 of the Regional Trial Court of Cavite, Branch 18 in Civil Case No. TG-2184 granting the motion to dismiss on the grounds of improper venue,...
Promulgated on 2006-10-30

140. CA GR SP 78400: MARTINIANO B. BERNARDO vs. HON. ELIZABETH BALQUIN-REYES et al.
A petition for certiorari and mandamus has been filed by the petitioner to set side the orders of the trial court denying due course to his appeal and to compel it to approve the notice of appeal....
Promulgated on 2006-10-30

141. CA GR CV 68879: SPS. SERAFIN A. OLET and FLORMELINDA OLET vs. HERMANA R. CEREZO and RICKY QUINTOS
At bar is an appeal from the August 22, 2000 Decision (pp. 140-144, Rollo) of the Regional Trial Court, Branch 79, Quezon City,...
Promulgated on 2006-10-30

142. CA GR SP 80689: ATTY. RODOLFO D. MATEO vs. EXECUTIVE SECRETARY ALBERTO G. ROMULO, et al.
Before Us is a Petition for Review under Rule 43 of the 1997 Rules of Civil Procedure, as amended, which seeks to set aside the Resolution of the Office of the President dated August 20, 2003...
Promulgated on 2006-10-30

143. CA GR CV 85652: ALFREDO L. LOPEZ and FREDDIE LOPEZ vs. PACIFICO B. TACUB, et al.
Before Us is an Appeal assailing the Decision dated January 28, 2005 of the Regional Trial Court (RTC), Branch 69, Pasig City which ordered herein appellants to pay jointly and severally herein appellees for damages, the dispositive portion of which r...
Promulgated on 2006-10-30

144. CA GR CV 85138: PEOPLE OF THE PHILIPPINES, LILI LIM vs. CHARLIE CO
Before Us is the Motion for Reconsideration filed by plaintiffappellant Lily Lim as well as the Comment/Opposition thereto of defendant-appellee Charlie Co....
Promulgated on 2006-10-27

145. CA GR SP 96072: ROLANDO C. MATEO vs. HON. BENJAMIN D. TURGANO, et al.
Before this Court is a petition (ad cautelam) for annulment of judgment/order filed by petitioner on 11 September 2006 seeking to annul the Orders...
Promulgated on 2006-10-27

146. CA GR CV 86800: MIGUEL MA. OLANGO vs. CORAZON BALOY MARAMAG
Before this Court is a Motion to Dismiss filed by defendant-appellee on October 17, 2006 alleging that the period to file appellant's brief has already lapsed but defendant-appellee has yet to receive a copy of plaintiff-appellant's Brief....
Promulgated on 2006-10-27

147. CA GR CV 78011: ERIBERTO H. DECENA, ET AL. vs. PEPSI-COLA PRODUCTS (PHILS.) INC. et al.
After a careful perusal of the Motion for Reconsideration (Rollo, pp. 289-294) filed by intervenors-appellants of the Decision of this Court dated September 29, 2005 (Rollo, pp. 272-282),...
Promulgated on 2006-10-27

148. CA GR CV 84320: SPS. SOTERO MIRANDA AND FRANCISCA MIRANDA vs. NICEFERO LLORANDO, ANTONIO CARNICA, et al.
Before Us is the Motion for Reconsideration filed by defendants-appellants Roger Asilo, Pastor Aspa and Antonio Carnica of our Resolution dated February 10, 2006 dismissing their appeal for failure to file the required brief....
Promulgated on 2006-10-27

149. CA GR CR 01182: PEOPLE OF THE PHILIPPINES vs. ABRAHAM BUNAGAN y SONIO
Before us is an appeal from the Joint Decision of the Regional Trial Court, Branch 4, Tuguegarao City in Criminal Cases Nos. 10078 and 10079 finding accused-appellant Abraham Bunagan y Sonio guilty of the crime of rape....
Promulgated on 2006-10-27

150. CA GR SP 80045: R & I RESOURCE MANAGEMENT, INC. vs. SPS. HERNANDO and JUVY CANTUBA, et al.
Before us is a petition for review of the Decision of the Office of the President, which affirmed in toto the Decision and Resolution of the Housing and Land Use Regulatory Board (HLURB)....
Promulgated on 2006-10-27

151. CA GR CV 84453: SILVESTRE OGOY JOARIZO, et al. vs. LUCIA J. MONES, et al.
This is an appeal from the Decision rendered by the Regional Trial Court, Branch 52, Tayug, Pangasinan, dated December 7, 2004 in Civil Case No. T-2232, for Annulment of Tax Declaration No. 7659 and Extra-judicial Partition and Sale, the dispositive po...
Promulgated on 2006-10-27

152. CA GR CV 84867: SEVERINO L. DAYAO vs. ASIATRUST BANK CORPORATION
This is an appeal under Rule 41 of the 1997 Rules of Civil Procedure, as amended, from the Decision dated November 4, 2004,...
Promulgated on 2006-10-27

153. CA GR CV 85174: REDENCION ATIENZA vs. MUNICIPALITY OF TIAONG, QUEZON, et al.
This is an appeal from the Orders dated August 3, 2004 and February 22, 2005 issued by the Regional Trial Court (RTC), Branch 56, Lucena City in Civil Case No. 2003-146, their respective dispositive portions are:...
Promulgated on 2006-10-27

154. CA GR SP 94271: PETER PAUL J. GREGORIO vs. NLRC, et al.
This is a petition for certiorari under Rule 65 of the 1997 Rules of Civil Procedure, as amended, filed by Peter Paul J. Gregorio (hereafter petitioner) seeking to set aside the Decision dated July 29, 2003 and...
Promulgated on 2006-10-27

155. CA GR SP 96416: SPS. DR. TERESITA and DR. RICARDO GUEVARRA vs. ANTIGUA MANDARIN, INC.
For consideration is petitioners' Petition for Review filed on October 20, 2006....
Promulgated on 2006-10-27

156. CA GR CR 25993: PEOPLE OF THE PHILIPPINES vs. MILAGROS FONTANILLA y ORINE
A domestic servant in her late twenties, Milagros Fontanilla was charged of three counts of qualified theft committed in the residence of her employers at Barangay Antonino, Balaonan, La Union where she was staying....
Promulgated on 2006-10-27

157. CA GR SP 96582: LEDESCO DEVELOPMENT CORPORATION vs. THE PROVINCIAL GOVERNMENT OF BATANGAS et al.
For consideration is petitioner's Petition for Certiorari and Prohibition (with Urgent Prayer for the Issuance of a Temporary Restraining Order and/or Writ of Preliminary Injunction)under Rule 65 of the 1997 Revised Rules of Court....
Promulgated on 2006-10-27

158. CA GR SP 91414: NONILON E. MENDOZA vs. N L R C, MERALCO, and MANUEL LOPEZ
After a careful perusal of the Motion for Reconsideration (Rollo, pp. 128-129) filed by petitioner of the Resolution of this Court dated November 15, 2005 (Rollo, p. 127),...
Promulgated on 2006-10-27

159. CA GR CV 84289: NILA ESPIRIDION vs. AQUILINA ESTRELLA, et al.
Challenged in this appeal is the September 3, 1997 Decision of the Regional Trial Court of Malolos, Bulacan, Branch 6, in Civil Case No. 169- M-92,...
Promulgated on 2006-10-27

160. CA GR SP 95980: JONES LANG LA SALLE (PHILIPPINES), INC. vs. NATIONAL LABOR RELATIONS COMMISSION, et al.
This petition for certiorari under Rule 65 of the revised Rules of Civil Procedure seeks to annul and set-aside the Decision...
Promulgated on 2006-10-27

161. CA GR CV 71779: REMEDIOS, GLORIA, CHERYLINA, RAMIL ENDRENAL vs. VIRGILIO ENDRENAL and HON. ILUMINADO MONZON
This is an appeal from the Decision, dated May 16, 2001, of the Regional Trial Court, San Pablo City, Branch 30, rendered in Civil...
Promulgated on 2006-10-27

162. CA GR SP 91083: ELIDAD KHO and VIOLETA KHO vs. HON. CAROLINE RIVERA-COLASITO, et al.
Challenged in this appeal is the May 31, 2005 Order issued by the Regional Trial Court of Manila, Branch 15, in Civil Case No. 03-106514,...
Promulgated on 2006-10-27

163. CA GR SP 95212: WILLIAM C. DAGAN, et al. vs. PHILIPPINE RACING COMMISSION (PHILRACOM), et al.
Challenged in this appeal is the April 11, 2006 Decision of the Regional Trial Court of Makati City, Branch 143, in Civil Case No. 04- 1228, dismissing the petition for prohibition from which the instant suit stemmed....
Promulgated on 2006-10-27

164. CA GR CR 00129: THE PEOPLE OF THE PHILIPPINES vs. SALVADOR DERPO
By notice of appeal, the accused-appellant has manifested his intention to appeal to the Supreme Court the decision dated October 3, 2006 on the ground that the decision is contrary to the facts, law and jurisprudence....
Promulgated on 2006-10-27

165. CA GR CR 01538: PEOPLE OF THE PHILIPPINES vs. DOMINGO SALVADOR
Before Us on appeal is the Decision of the Regional Trial Court, Branch 36, Santiago City (Isabela), dated August 13, 1999, in Criminal Case No. 36-2343,...
Promulgated on 2006-10-27

166. CA GR SP 96476: HEIRS OF RAYMUNDO MACARAEG & MARTA ESTACIO, et al. vs. TRINIDAD SALAZAR-DASALA et al.
Before this Court is a "Petition for Declaration of Nullity of Orders dated October 21, 1986 and November 7, 1986" of the Regional Trial Court (RTC) of Tarlac City, Branch 63...
Promulgated on 2006-10-27

167. CA GR SP 90410: BASISTA WATER DISTRICT vs. NATIONAL LABOR RELATIONS COMMISSION et al.
BEFORE Us is a Petition for Certiorari, prohibition and mandamus, filed pursuant to Rule 65 of the 1997 Rules of Civil Procedure, with urgent prayer for the issuance of a temporary restraining order and/or writ of preliminary injunction,...
Promulgated on 2006-10-27

168. CA GR CV 81321: AURORA RIVERA VDA. DE LARA vs. LUZVIMINDA RIDAD, et al.
This case stemmed from an action for quieting of title and/or reconveyance with damages filed by plaintiff-appellant Aurora Rivera Vda. De Lara against defendant-appellees Luzviminda Ridad,...
Promulgated on 2006-10-27

169. CA GR CR 29412: PEOPLE OF THE PHILIPPINES vs. VICTOR CRUZ, et al.
Before Us is a Motion for Reconsideration dated June 2, 2006 filed by appellants Victor Cruz and Imelda Carabeo and a Motion for Reconsideration dated June 9, 2006 filed by appellant Trisha L. Foster of the Decision dated May 16, 2006....
Promulgated on 2006-10-27

170. CA GR SP 88966: OSCAR D. ORTIGUERO vs. NATIONAL LABOR RELATIONS COMMISSION, ROAN SHELLANE, INC., et al.
After a careful perusal of the Motion for Reconsideration (Rollo, pp. 107-124) filed by respondents of the Decision of this Court dated May 12, 2006 (Rollo, pp. 90-102),...
Promulgated on 2006-10-27

171. CA GR SP 89894: BAYANTEL TELECOMMUNICATIONS, INC. vs. HON. RODOLFO R. BONIFACIO, et al.
Filed pursuant to Rule 65 of the 1997 Rules of Civil Procedure, the petition for certiorari and prohibition at bench seeks the nullification of the Orders dated November 9, 2004 and March 15, 2005...
Promulgated on 2006-10-27

172. CA GR CR 01952: PEOPLE OF THE PHILIPPINES vs. JOEY PUNZALAN @ "JOJO",
This is an appeal from the Decision dated September 10, 1998 rendered by the Regional Trial Court (RTC), Branch 23, Roxas, Isabela,...
Promulgated on 2006-10-27

173. CA GR CV 65917: SPS. PEPITO and AURORA MAQUIRAN, et al. vs. SPS. ESTEBAN and LUCITA AQUINO, et al.
Minors Peter Paul Maquiran, Elino Bravo, Jr. and Fernando Lopez, Jr. died in a vehicular accident on April 13, 1996 at the Maharlika Highway, Mayapyap Sur, Cabanatuan City when a passenger jeepney driven by Michael Vicencio,...
Promulgated on 2006-10-27

174. CA GR SP 93288: ADELIA C. MENDOZA vs. HON. BAYANI V. VARGAS, et al.
Petitioner, Adelia Mendoza, and her spouse, Norberto Mendoza ("Spouses Mendoza") obtained a loan in the amount of Twenty Four Million Pesos (P24,000,000.00) from private respondent bank (Bank)....
Promulgated on 2006-10-27

175. CA GR CV 82945: SPOUSES ALFREDO and CORAZON CHAN vs. N.T. DONATO ENTERPRISES, INC, et al.
Before Us is an appeal from the July 7, 2004 Decision of the Regional Trial Court (RTC) of Las Pinas City - Branch 255 in Civil Case No. 94-855,...
Promulgated on 2006-10-27

176. CA GR SP 78548: PATROCINIO R. PASCUAL vs. THE SENIOR CITIZENS OF GATTARAN, INC.
Before this Court is an appeal from the Decision rendered by Branch 09, Regional Trial Court, Aparri, Cagayan dated January 20, 2003, in Civil Case No. 09-687,...
Promulgated on 2006-10-27

177. CA GR SP 88037: KELLY SALVADOR vs. HON. WILFREDO D. REYES, et al.
Before Us is a petition for certiorari assailing the June 16, 2004 Order issued by the Regional Trial Court (RTC) of Manila - Branch 35 in Civil Case No. 98-8679....
Promulgated on 2006-10-27

178. CA GR SP 88139: TALA REALTY SERVICES CORPORATION, et al. vs. HON. FORTUNITO L. MADRONA, et al.
Before Us is a petition for certiorari assailing the July 8, 2004 and October 25, 2004 Orders issued by the Regional Trial Court (RTC) of Paranaque City - Branch 274...
Promulgated on 2006-10-27

179. CA GR SP 91188: THERESA L. FIGERAS vs. HON. JUDGE EDILBERTO CLARAVALL and SUMMIT BANK
This petition assails the June 10, 2005 Order issued by the Regional Trial Court (RTC) of Baguio City - Branch 60 in Civil Case No. 5870-R...
Promulgated on 2006-10-27

180. CA GR SP 91536: LUIS K. LOKIN ,JR vs. HON. SANTIAGO G. ESTRELLA, et al.
Before Us is a petition for certiorari assailing the October 11, 2004 and July 18, 2005 Orders issued by the Regional Trial Court (RTC) of Pasig City - Branch 68...
Promulgated on 2006-10-27

181. CA GR SP 95679: WELLIE FAVORITO and GLORIA FAVORITO vs. GUILLERMO VERDE, et al.
On September 4, 2006, a Resolution was rendered by this Court in the above-entitled case directing the petitioners to rectify the defects in the petition....
Promulgated on 2006-10-27

182. CA GR SP 81874: SOUTHWOODS APPAREL, INC., et al. vs. NATIONAL LABOR RELATIONS COMMISSION, et al.
Before Us is a petition for certiorari filed pursuant to Rule 65 of the 1997 Rules of Civil Procedure assailing the decision of the NLRC dated September 20,2002...
Promulgated on 2006-10-27

183. CA GR SP 83493: LETICIA M. ASUZANO vs. HON. NAPOLEON INOTURAN, et al.
For resolution is a petition for certiorari filed pursuant to Rule 65 of the Rules of Court, as amended, with application for a temporary restraining order/preliminary injunction...
Promulgated on 2006-10-27

184. CA GR CV 64590: THE HEIRS OF ISIDORA EDRADAN-BADENAS vs. ENGR. PEDRO C. TOLENTINO and DR. RAMON S. LIM
On appeal is the Order dated August 20, 1997 rendered by Branch 50, Regional Trial Court of Palawan and Puerto Princesa City which granted the motion to dismiss defendant Ramon Lim filed in Civil Case No. 2872 and the order dated April 14, 1999 denying...
Promulgated on 2006-10-27

185. CA GR SP 85562: SPOUSES RENE and VIRGINIA TUDLA vs. HON. ELIZABETH YU GURAY, et al.
Before this Court is an action for certiorari under Rule 65 of the Rules of Court, as amended, seeking to set aside the Order of April 24, 2003...
Promulgated on 2006-10-27

186. CA GR SP 89053: NC DAVID CONSTRUCTION AND NELSON C. DAVID vs. NATIONAL LABOR RELATIONS COMMISSION, et al.
In quasi-judicial proceedings, procedural rules governing service of summons are not strictly construed. Substantial compliance thereof is sufficient....
Promulgated on 2006-10-27

187. CA GR CV 63935: TIRSO I. PASCUA vs. RAMON DE JESUS
On appeal before Us is the decision rendered by Branch 128, Regional Trial Court of Caloocan City on April 14, 1999 in a complaint for revival of judgment...
Promulgated on 2006-10-27

188. CA GR CV 59928: PONCIANO MANCE, et al. vs. AGUSTINA M. ILAGAN et al.
This is an appeal from the Decision dated October 16, 1997 rendered by the Regional Trial Court of San Pedro, Laguna, Branch 31, in Civil Case No. B-4060,...
Promulgated on 2006-10-27

189. CA GR CR 00794: PEOPLE OF THE PHILIPPINES vs. JIMMY SANCHEZ y CARLOS
Accused-appellant was convicted in Criminal Case No. Q-99- 81733, Branch 79, RTC, Quezon City in a Decision dated September 25, 2000,...
Promulgated on 2006-10-27

190. CA GR CR 28932: PEOPLE OF THE PHILIPPINES vs. FERNANDO GUIANG aka Sadam
The Information charged the appellant Fernando Guiang aka Sadam (or Guiang for brevity), Benny Dinglasa y Palagtiw (or Dinglasa), and three (3) John Does with the felony of Robbery With Violence committed as follows:...
Promulgated on 2006-10-27

191. CA GR CR 30085: LILIBETH BAYLOSIS vs. PEOPLE OF THE PHILIPPINES
This is a petition for review filed under Rule 42 of the 1997 Rules of Civil Procedure, as amended, from the Decision dated October 28, 2005...
Promulgated on 2006-10-27

192. CA GR SP 96349: INTERCONTINENTAL BROADCASTING CORPORATION (IBC-13), et al. vs. HON. OSCAR B. PIMENTEL, et al.
This petition for certiorari brought under Rule 65 of the 1997 Rules of Civil Procedure, seeks to annul and set aside:...
Promulgated on 2006-10-27

193. CA GR CV 87356: MARIETTA CAMAMA vs. MILAGROS ALMOGIA-CUYOS, ET. AL.,
For our consideration is an appeal filed under Rule 41 of the 1997 Rules of Civil Procedure assailing the Decision dated February 13, 2006 of the Regional Trial Court of Las Pinas City, Branch 201 affirming with modification the Decision dated Octobe...
Promulgated on 2006-10-27

194. CA GR CV 70749: FAR EAST BANK AND TRUST CO. vs. SPS. GIOVANNI and JAYDEE ONG, et al.
This is an appeal from the Decision dated November 29, 2000 in Civil Case No. 98-1537 of Branch 57, Regional Trial Court, Makati City...
Promulgated on 2006-10-27

195. CA GR SP 93755: LAWIN BULK CARRIER and/or ISIDRO LUGOD vs. NLRC (2nd Division), et al.
The matter to be resolved is petitioner's Motion for Reconsideration (Rollo, p. 64) filed on 18 August 2006 with respect to this Court's Resolution (Id., p. 60) dated 26 July 2006....
Promulgated on 2006-10-27

196. CA GR CV 81909: GOLDEN STAR INDUSTRIAL GOLDEN STAR INDUSTRIAL vs. REPUBLIC OF THE PHILIPPINES, et al.
Before Us is an appeal from the May 6, 2003 Order of the Regional Trial Court (RTC) of Malolos, Bulacan - Branch 10 in Civil Case No. 745-M-2000,...
Promulgated on 2006-10-27

197. CA GR SP 88278: ROQUE M. CALANZA, et al. vs. THE HONORABLE FRANCISCO A. QUERUBIN, et al.
This pertains to the motion for reconsideration filed by the petitioners through counsel on 23 May 2006, seeking for the reconsideration of the Decision dated 28 April 2006,...
Promulgated on 2006-10-27

198. CA GR SP 96489: ANGELITA M. BOJOCON, REGINA FLORES, ET AL., vs. NATIONAL LABOR RELATIONS COMMISSION, et al.
In view of the following infirmities, to wit:...
Promulgated on 2006-10-27

199. CA GR SP 93918: NESTOR M. MAGNAYE vs. Hon. RTC, BRANCH 3, MANILA, et. al.
The matter to be resolved is the petitioner's Motion for Reconsideration of the 18 April 2006 Resolution of this Court, with the Comment thereto filed by the private respondent, as well as the petitioner's Very Urgent Supplemental Motio...
Promulgated on 2006-10-27

200. CA GR CV 71327: TETRA TRADING CORPORATION-NISSAN SOUTHWOODS vs. METROWIDE INSURANCE SERVICE AGENCY
This is an appeal from the Decision, dated February 12, 2001, of the Regional Trial Court of Cavite (Branch 89, Bacoor)...
Promulgated on 2006-10-26

201. CA GR CV 73404: PLANTERS DEVELOPMENT BANK vs. JENTAN CONSTRUCTION and DEVELOPMENT CORP., et al.
This is an Appeal from the Order of the Regional Trial Court(RTC) of Tarlac City, Third Judicial Region, Branch 63, in LRC Case No. 5634,...
Promulgated on 2006-10-26

202. CA GR SP 93818: HERARC REALTY CORPORATION vs. Hon. JUANITA T. GUERRERO, et al.
Before this Court is a consolidated petition for certiorari, prohibition, and mandamus, ostensibly raising the question of whether an insolvency court committed grave abuse of discretion...
Promulgated on 2006-10-26

203. CA GR SP 79149: PEOPLE OF THE PHILIPPINES, et al. vs. HON. OSCAR P. BARRIENTOS, et al.
This is a petition for certiorari under Rule 65 of the 1997 Rules of Civil Procedure that seeks to annul the following orders in Criminal Case No. 178551 entitled "People of the Philippines vs. Jose C. Go"...
Promulgated on 2006-10-26

204. CA GR CR 29917: ELMER C. AQUINO vs. JERICK ZAPATA
For resolution is accused-appellee's motion to dismiss the instant appeal from the 18 May 2005 Resolution of the Regional Trial Court of Makati City, Branch 56,...
Promulgated on 2006-10-26

205. CA GR CV 82808: CITY OF MANILA vs. OSCAR JACINTO, et al.
The propriety of expropriation of private property for an on-site development program is at issue in this appeal which primarily challenges the Order dated March 12, 2004 issued by the Regional Trial Court of Manila, Branch 42, in Civil Case No. 03-106...
Promulgated on 2006-10-26

206. CA GR SP 84943: SPOUSES VICTORIO and SONIA LORENZO vs. HON. ANTONIO M. ROSALES, et al.
Challenged in this Petition for Certiorari are: (1) the Order dated 12 January 2004 of the Regional Trial Court, National Capital Judicial Region, Manila, Branch 51, in Civil Case No. 97-85437; and (2) the Order dated 14 May 2004 denying petitioners'...
Promulgated on 2006-10-26

207. CA GR SP 85682: SCANIA TRANSPORT & DEVELOPMENT CORPORATION et al. vs. NATIONAL LABOR RELATIONS COMMISSION et al.
A company engaged in the trucking business was found liable for the illegal dismissal of an employee whom it replaced when he went on a prolonged leave due to illness....
Promulgated on 2006-10-26

208. CA GR CV 76498: ELISAN CREDIT CORPORATION vs. SPOUSES GAUDENCIO MIRANDA and RUFINA BERBOSO
The defendants appeal the decision dated September 11, 2002 rendered by the Regional Trial Court (RTC), Branch 223, Quezon City,...
Promulgated on 2006-10-26

209. CA GR SP 91858: EMILIA M. CORONEL vs. DEPARTMENT OF AGRARIAN REFORM ADJUDICATION BOARD et al.
THE PETITIONER URGES IN THE MOTION FOR RECONSIDERATION THAT:...
Promulgated on 2006-10-26

210. CA GR CV 82934: FELIPE NACARIO, JR., et al. vs. LETICIA SARMIENTO NACARIO et al.
Challenged in this appeal is the March 9, 2003 Order issued by the Regional Trial Court of Manila, Branch 19, in Civil Case No. 00-96380 which dismissed the petition for judicial partition of property from which the instant suit stemmed....
Promulgated on 2006-10-26

211. CA GR CV 83367: SPS. RAMON P. LOPEZ and LEONISA ABAD-LOPEZ vs. ROY M. TALACTAC, et al.
This is an appeal from the Decision, dated March 23, 2004, rendered by the Regional Trial Court, Branch 46, San Jose, Occidental Mindoro...
Promulgated on 2006-10-26

212. CA GR CR 29245: PEOPLE OF THE PHILIPPINES vs. OSCAR SOLOMON Y MARCOSO,
Before Us on appeal is the Decision of the Regional Trial Court, Branch 38, Manila, dated February 16, 2005, in Criminal Case No. 01-194986...
Promulgated on 2006-10-26

213. CA GR SP 94153: SEA WORLD COMMERCIAL TRADING CORP. vs. HON. BENJAMIN T. ANTONIO, and WORLD IMAGE RESOURCES, INC
The instant Petition for Certiorari seeks to annul and set aside the Orders dated October 27, 2005 and February 10, 2006...
Promulgated on 2006-10-26

214. CA GR SP 78742: BOIE TAKEDA CHEMICALS, INC. vs. NATIONAL LABOR RELATIONS COMMISSION, et al.
This resolves petitioner's Petition for Certiorari filed under Rule 65 of the revised Rules of Civil Procedure seeking to reverse the twin Resolutions of the National Labor Relations Commission...
Promulgated on 2006-10-26

215. CA GR SP 89988: LIBERTAD POBLETE vs. MANOTOK SERVICES, INC.
THE RESPONDENT SEEKS RECONSIDERATION OF OUR DECISION DATED SEPTEMBER 13, 2006, STATING THAT WE THEREBY DISREGARDED THE FACT THAT THE SHERIFF HAD FIRST ATTEMPTED TO SERVE SUMMONS ON SEPTEMBER 15, 2002,...
Promulgated on 2006-10-26

216. CA GR CR 27016: PEOPLE OF THE PHILIPPINES vs. GLORIA M. CORTEZ
This is an appeal by way of a Petition for Review under Rule 42 of the Revised Rules of Court filed by accused-appellant, Gloria Cortez,...
Promulgated on 2006-10-26

217. CA GR CV 79633: ERNESTO T. NICDAO vs. ELEANOR FERNANDEZ
This is an Appeal assailing the Judgment of the Regional Trial Court, Br. 43, San Fernando, Pampanga, dismissing the Complaint for Damages in Civil Case No. 11867....
Promulgated on 2006-10-26

218. CA GR SP 96336: TRANSNATIONAL SERVICES, INC., and/ or JORGE MAGALONG vs. NLRC (Second Division), et al.
In accordance with Rule 65 and other related provisions of the 1997 Rules of Civil Procedure, as amended, governing Petition for Certiorari...
Promulgated on 2006-10-26

219. CA GR CR 28627: PEOPLE OF THE PHILIPPINES vs. JOSE MANZANO, JR. y QUITON and REYNALDO TORRES y NORMOR
In an information filed with the Regional Trial Court of Manila, Jose Manzano, Jr. and Reynaldo N. Torres were charged with confederating with one another in a robbery where they grabbed and snatched a gold bracelet of Lucita O. Caudilla worth P5,000....
Promulgated on 2006-10-26

220. CA GR SP 77445: GUAGUA RURAL BANK vs. THE SECRETARY OF JUSTICE, ELIZABETH G. TUAZON, et al.
Before us is a petition for certiorari seeking to annul and set aside the Resolution of the Secretary excluding private respondents Elizabeth G. Tuazon and Analiza P. Argao from the Information for qualified theft....
Promulgated on 2006-10-26

221. CA GR SP 96132: LUCIO "LOLONG" BORJA AND VIRGILIO DE JESUS vs. BERNABE GOZON
This is a petition for review under Rule 42 seeking to reverse and set aside the Decision dated June 19, 2006 of the Regional Trial Court of San Fernando City, Pampanga, Branch 46 affirming the Decision dated January 4, 2006...
Promulgated on 2006-10-26

222. CA GR CV 82942: CLINTON COMMERCIAL CORPORATION vs. SUSAN D. MARCELO, et al.
Challenged in this appeal is the May 31, 2004 Decision rendered by the Regional Trial Court of Mandaluyong City, Branch 214, in Civil Case No. MC-98-288,...
Promulgated on 2006-10-26

223. CA GR CR 29398: PEOPLE OF THE PHILIPPINES vs. CONCEPCION CAYANAN PATAJO
Before Us is an Appeal from the Decision dated March 2, 2005 of the Regional Trial Court, Branch 274, Paranaque, Metro Manila convicting herein appellant Concepcion Cayanan Patajo of three (3) counts of estafa on complaint of Clarita Abuan Mercado,...
Promulgated on 2006-10-26

224. CA GR CV 73541: MASTER TOURS AND TRAVEL CORPORATION vs. RCJ BUS LINES, INC.
This is an Appeal from the Decision of the Regional Trial Court(RTC), Manila, National Capital Judicial Region, Branch 49, rendering a judgment in favor of Master Tours and Travel Corporation...
Promulgated on 2006-10-26

225. CA GR SP 89268: HOLIDAY INN (PHILS.), INC., et al. vs. NATIONAL LABOR RELATIONS COMMISSION and ROLAND ZAUNER
Sought to be ANNULLED and SET ASIDE in this petition for certiorari under Rule 65 of the Rules of Court are the 30 September 2004 Resolution of the National Labor Relations Commission (NLRC)...
Promulgated on 2006-10-26

226. CA GR SP 96025: AMKOR TECHNOLOGY PHILIPPINES, INC. vs. NATIONAL LABOR RELATIONS COMMISSION, et al.
Assailed in this petition for certiorari under Rule 65 is the Resolution dated February 28, 2006 dismissing the petition for injunction to restrain the Labor Arbiter from enforcing a writ of execution on the reinstatement aspect of his decision which d...
Promulgated on 2006-10-26

227. CA GR SP 94076: JUN RECLA and VILMA RECLA vs. HON. GREGORIO T. VILLANUEVA et al.
Before this Court is a Motion for Reconsideration filed by petitioners of this Court's Resolution dated 26 May 2006 dismissing the petition for annulment of judgment on the following grounds:...
Promulgated on 2006-10-26

228. CA GR CV 81019: SPS. ELPIDIO T. LAGOC and NENA D. LAGOC vs. SPS. LEONARDO LAGOC and DOLORES LAGOC
Challenged in this appeal is the June 27, 2003 Decision rendered by the Regional Trial Court of Pasig, Branch 71, in Civil Case No. 68070,...
Promulgated on 2006-10-26

229. CA GR CR 00871: PEOPLE OF THE PHILIPPINES vs. ALEJANDRO LORENZO
This is an appeal from the February 28, 2005 Joint Decision of the Regional Trial Court, Branch 19, Bangui, Ilocos Norte, in Criminal Cases Nos. 1405-19 and 1406-19,...
Promulgated on 2006-10-26

230. CA GR CV 73903: J.S. CRUZ CONSTRUCTION AND DEVELOPMENT, INC. vs. SAMAHANG COFRADIA DE TAYTAY, INC.
Counsel for third-party plaintiff-appellant received the notice to file brief on 16 June 2006 which expired last 7 August 2006....
Promulgated on 2006-10-26

231. CA GR SP 89369: MARGARET A. DEFENSOR vs. THE CHIEF STATE PROSECUTOR and THE CITY PROSECUTOR OF QUEZON CITY, et al.
This Petition for Certiorari under Rule 65 of the Rules of Court charges that the public respondents committed a grave abuse of discretion in dismissing the complaints she filed against the private respondents for Violation of Article 182 (False Testim...
Promulgated on 2006-10-26

232. CA GR CR 02407: PEOPLE OF THE PHILIPPINES vs. JUANITO DE LA CRUZ Y RIVERA
This is an appeal from the February 21, 2000 Joint Decision of the Regional Trial Court, Branch 163, Pasig City, in Criminal Cases No. 115031-H, 115032-H, 115033-H, and 115034-H...
Promulgated on 2006-10-26

233. CA GR SP 88316: ROMUALDO L. LINGAN vs. NATIONAL LABOR RELATIONS COMMISSION, et al.
This is a petition for certiorari filed under Rule 65 of the 1997 Rules of Civil Procedure assailing the August 31, 2004 Resolution of the National Labor Relations Commission (NLRC),...
Promulgated on 2006-10-26

234. CA GR CV 85885: ANTONIO ARANETA, CARLOS G. CUESICO, et al. vs. THE CITY OF PARANAQUE, et al.
This ordinary appeal seeks the reversal and setting aside of the orders dated July 12, 2005 and September 12, 2005 of Branch 256, Regional Trial Court (RTC), Muntinlupa City which dismissed...
Promulgated on 2006-10-26

235. CA GR CV 80569: INOCENCIO I. BALISTOY vs. DEPARTMENT OF PUBLIC WORKS & HIGHWAYS, et al.
At bench is an appeal from the Decision dated September 30, 2003 rendered by the Regional Trial Court of Manila, Branch 40, which dismissed the complaint for damages in Civil Case No. 01-101444....
Promulgated on 2006-10-26

236. CA GR CR 01246: PEOPLE OF THE PHILIPPINES vs. JOSE MORAL
This is an appeal from the November 10, 2004 Decision of the Regional Trial Court, Branch 81, Romblon, Romblon, in Criminal Case No. 2308,...
Promulgated on 2006-10-26

237. CA GR CV 86260: SPS. MARIETTA M. OBOZA, et al. vs. MERCHANTS RURAL BANK OF TALAVERA, INC., et al.
For Our consideration is appellants' Motion to Withdraw Appeal. In as much as the appellants have not yet filed their brief, pursuant to Section 3, Rule 50 of the 1997 Rules of Civil Procedure, as amended, the instant appeal may be withdrawn as a matte...
Promulgated on 2006-10-25

238. CA GR SP 95294: BUN PIN CHUA, et al. vs. NLRC, et al.
After a thorough study of the issues raised in the Motion for Reconsideration filed by petitioner in the above petition, the Court finds no sufficient reason to deviate, from its findings and conclusions reached in its Resolution dated August 10, 2006....
Promulgated on 2006-10-25

239. CA GR SP 92357: IRENEO NAVIDA, SR vs. HON. ALICE C. GUTIERREZ, et al.
Before us is a Petition for Review of the Decision of the Regional Trial Court of Marikina, Branch 193, in Civil Case No. 04-7679, the dispositive portion whereof reads:...
Promulgated on 2006-10-25

240. CA GR SP 92925: BETTER BUILDINGS, INCORPORATED vs. NATIONAL LABOR RELATIONS COMMISSION, et al.
Impugned in this Petition for Certiorari as tainted with grave abuse of discretion, amounting to lack or excess of jurisdiction,...
Promulgated on 2006-10-25

241. CA GR SP 96255: CONCHITA BALTAZAR, et al. vs. SPS. ALBERTO GO and ANITA, et al.
At hand is a verified petition to declare judgment and orders void pursuant to Rule 47 of the Rules of Court...
Promulgated on 2006-10-25

242. CA GR SP 96091: PHILIPPINE CEREBRAL PALSY, INC., et al. vs.NATIONAL LABOR RELATIONSCOMMISSION, et al.
Now for then, the petitioners' Final Motion for Extension of Time to File Petition for Certiorari is GRANTED and the subsequently filed petition for certiorari with prayer for the issuance of a temporary restraining order and/or writ of preliminary i...
Promulgated on 2006-10-25

243. CA GR CR 29411: PEOPLE OF THE PHILIPPINES vs. NENA PRNCIPE, et al.
Accused-appellant seeks reconsideration of Our Decision dated May 12, 2006 which affirmed the decision of the lower court....
Promulgated on 2006-10-25

244. CA GR SP 78500: GOV. ANTONIO P. CALINGIN vs. CIVIL SERVICE COMMISSION
The subject of contention of the parties is the permanent appointment conferred upon Roberto Cezar (or Cezar for brevity) by the petitioner Governor Antonio Calingin (or Gov. Calingin) but sequentially disapproved by the respondent Civil Service Commis...
Promulgated on 2006-10-25

245. CA GR CV 86442: JOSIE LEE vs, GILBERTO RAMOS, et al.
Considering the report of the Judicial Records Division of this Court that no appellants' brief has been filed within the reglementary period -...
Promulgated on 2006-10-25

246. CA GR SP 70900: MARKETING HORIZONS, et al. vs. JUANITA C. CASTRO, et al.
Before Us is an appeal via petition for review under Rule 42 of the 1997 Rules of Civil Procedure,...
Promulgated on 2006-10-25

247. CA GR CV 63514: PRUDENTIAL GUARANTEE, & ASSURANCE INC. vs. ADR SHIPPING SERVICES AND LIBERTY SHIPPING CORPORATION
Before us is an appeal filed by Prudential Guarantee and Assurance, Inc. ("PGA") assailing the Decision rendered by the Regional Trial Court, Branch 145 of Makati City on April 19, 1999 dismissing the subrogation action filed by PGA against ADR Shippi...
Promulgated on 2006-10-25

248. CA GR SP 70413: SPOUSES ARNELDO AND NELLY DEL CASTILLO vs. MILA C. ARCHE AND LINDA B. CLEDERA
Before Us is an appeal from the decision dated July 31, 2000 of Branch 23, Regional Trial Court (RTC) of Naga City, in Civil Case No. 96-3549...
Promulgated on 2006-10-25

249. CA GR CR 01944: PEOPLE OF THE PHILIPPINES vs. PEDRO PABLO, JR., alias "Inggo" Or "Domingo", et al.
This is an appeal from the decision rendered by the Regional Trial Court of Quezon City (Branch 77) dated April 25, 2000 convicting herein accused-appellants Pedro Pablo, Jr. and Nonato Danao, together with another malefactor of three counts of murder...
Promulgated on 2006-10-25

250. CA GR CR 00718: PEOPLE OF THE PHILIPPINES vs. VIRGILIO VILLARAMA y VILLACORTA
Before Us is an Appeal from the Decision, dated August 23, 2002, of the Regional Trial Court of Malolos, Bulacan, Branch 21, in Criminal Cases Nos. 2612-M-99 and 2613-M-99, acquitting Accused-Appellant of Frustrated Murder but convicting him of the cr...
Promulgated on 2006-10-25

251. CA GR SP 90392: ANTONIO G. EVANGELISTA vs. THE HONORABLE OMBUDSMAN, et al.
In praying for relief of a writ of Mandamus from this Court,...
Promulgated on 2006-10-25

252. CA GR SP 91123: IMELDA LICUANAN vs. COMMISSION ON AUDIT et al.
Before this Court is a Petition for Review under Rule 43 of the 1997 Rules of Civil Procedure assailing the Decision dated February 28, 2005...
Promulgated on 2006-10-25

253. CA GR CR 01814: PEOPLE OF THE PHILIPPINES vs. MARIO OLITHAO y MINGO
This is an appeal from the Decision of the Regional Trial Court, Branch 73, Antipolo City finding accused-appellant Mario Olithao y Mingo guilty beyond reasonable doubt of the crime of rape,...
Promulgated on 2006-10-25

254. CA GR SP 93356: SPOUSES DELFIN P. DIMAL, JR. and AURORA S. DIMAL vs. NORBERTO P. DIMAL
For finding no new matter of substance that could warrant the reversal or modification of this Court's Decision dated September 6, 2006,...
Promulgated on 2006-10-25

255. CA GR CV 80551: EPHRAIM M. NAVARRO, et al. vs. PHILIPPINE RABBIT BUS LINES, INC. and MARCELINO B. INOVERO
This is an appeal from the Decision dated October 10, 2003 of the Regional Trial Court, Branch 217, Quezon City in Civil Case No. Q-98-35151, granting the action for damages filed by the plaintiffs-appellees against defendants-appellants....
Promulgated on 2006-10-25

256. CA GR SP 94141: PHILIPPINE NATIONAL BANK vs. SABADO WALANG, et. al.
Finding no new matter of substance that may warrant the reconsideration, much less the reversal of this Court's decision dated August 17, 2006,...
Promulgated on 2006-10-25

257. CA GR SP 93484: TANTUCO ENTERPRISES, INC. vs. NATIONAL LABOR RELATIONS COMMISSION et al.
Finding no new matter of substance that may warrant the reconsideration, much less the reversal of this Court's decision dated July 27, 2006,...
Promulgated on 2006-10-25

258. CA GR SP 95718: MCRV RESOURCES & SERVICES UNLIMITED vs. NLRC, et al.
On August 17, 2006, petitioner filed a Motion for Extension of Time to File Petition for Review informing this Court that on August 2, 2006 it received a copy of the NLRC Resolution denying its Motion for Reconsideration. Petitioner prayed that it be g...
Promulgated on 2006-10-25

259. CA GR CV 84582: JOSE ORTIZ vs. MA. NENITA L. MACARANAS
Before Us is an Appeal from the Decision dated January 28, 2005, of the Regional Trial Court of Las Pinas, Branch 275, in Civil Case No. 99-0227, granting Plaintiff- Appellee's Complaint and canceling Defendant-Appellant's Transfer Certificate of Titl...
Promulgated on 2006-10-25

260. CA GR SP 94095: GREGORIO JARENCIO, represented by SALVACION DIZON vs. SPS. MANUEL QUINONES, et al.
This petition for review seeks to overturn the decision dated June 29, 2005 of the Department of Agrarian Reform Adjudication Board (DARAB), Quezon City,...
Promulgated on 2006-10-25

261. CA GR CR 29526: PEOPLE OF THE PHILIPPINES vs. ALIAS BOY BUKBOK a.k.a. RECTO DELGADO, et al.
Before the Court is an appeal from the Decision dated June 27, 2005 in Criminal Case No. 02-199624 of Branch 41, Regional Trial Court, Manila, finding accused-appellant Recto Delgado alias "Boy Bukbok" guilty beyond reasonable doubt of the crime of...
Promulgated on 2006-10-25

262. CA GR CV 77165: BEVERLY GONZALES BARANDA vs. MUNICIPALITY OF DEL GALLEGO, CAMARINES SUR, et al.
Assailed in this appeal is the Decision dated September 26, 2002 of the Ist Municipal Circuit Trial Court for Ragay and Del Gallego, Camarines Sur, in Land Registration Case No. 170, granting Beverly Gonzales Baranda's application for registration of t...
Promulgated on 2006-10-25

263. CA GR SP 91565: SPS. ARMANDO AND TERESITA OCAMPO vs. ROSITA MANLAPIG VDA. DE SANTOS
Before this Court is a petition for review under Rule 42 of the 1997 Rules of Civil Procedure filed by petitioners Sps. Armando and Teresita Ocampo,...
Promulgated on 2006-10-25

264. CA GR CV 55832: PHILIPPINE COMMERCIAL INTERNATIONAL BANK vs. HYUNDAI CORPORATION, et al.
Before this Court is the Appeal filed by Defendants-Appellants Hyundai Corporation (HC) and Hyundai Elevator Corporation, Inc., Ltd. (HELCO) dated 27 November 1999...
Promulgated on 2006-10-25

265. CA GR SP 87937: PEOPLE OF THE PHILIPPINES vs. MICHAEL VISTAN, et al.
Before Us is a Petition for Certiorari filed by People of the Philippines v. Michael Vistan, Angelito Guevarra, Camila Guevarra, Ruben G. Tolentino, Lourdes G. Tolentino, Olympia G. Nazareno, Gabriel Nazareno, and the Regional Trial Court, Branch 13, M...
Promulgated on 2006-10-25

266. CA GR CR 01554: PEOPLE OF THE PHILIPPINES vs. FUJITA ZENCHIRO
On appeal is the Joint Decision dated July 5, 2005 of the Regional Trial Court of Malolos, Bulacan, Branch 11 in Criminal Case Nos. 3261-M-2001 to 3264-M-2001 convicting the accused Fujita Zenchiro of the crime charged and sentencing him,...
Promulgated on 2006-10-23

267. CA GR CR 29673: PEOPLE OF THE PHILIPPINES vs. JOSE ROMERO, et al.
On appeal is the Decision of the Regional Trial Court of San Fernando City, Pampanga, Branch 48, dated May 26, 2005 and promulgated on June 14, 2005, in Criminal Case No. 7669,...
Promulgated on 2006-10-23

268. CA GR CR 01467: PEOPLE OF THE PHILIPPINES vs. ALEX BALAGAT y MAKIGANGAY
This is an appeal from the Decision dated April 20, 2005 rendered by the Regional Trial Court, Branch 157, Pasig City (hereafter RTC) in Criminal Case No. 11713-D for "Violation of Section 5, Article II of Republic Act No. 9165." The dispositive portio...
Promulgated on 2006-10-23

269. CA GR SP 92994: SM SYSTEMS CORPORATION vs. HON. ALBERTO L. LERMA, OSCAR CAMERINO, et al.
Before Us is Petition for Certiorari seeking to annul and set aside the Order dated September 7, 2005 of the Regional Trial Court, Branch 256, Muntinlupa City,...
Promulgated on 2006-10-23

270. CA GR SP 00003: THE BANK ACCOUNT OF YOO JEHYUN A.K.A. JE HYUNYOO, et al. vs. ORION SAVINGS BANK
In a letter dated January 20, 2006, the Royal Embassy of Cambodia informed the Department of Foreign Affairs of the alleged kidnapping of Cambodian national Mr. Vandim Ban....
Promulgated on 2006-10-23

271. CA GR CV 76216: REYNALDO M. CRISTOBAL vs. PHILIPPINE DEVELOPMENT & INDUSTRIAL CORPORATION
This is an Appeal from the Decision, dated June 6, 2002, of the Regional Trial Court (RTC) of Las Pinas City, Branch 198, in Civil Case No. LP 98-0125, dismissing Plaintiff-appellant's complaint for lack of merit. The dispositive portion of said decis...
Promulgated on 2006-10-23

272. CA GR SP 92264: ARVIN B. BELANDO vs. SOCIAL SECURITY SYSTEM
This is a Petition for Review from the Decision, dated October 13, 2005, of the Employees' Compensation Commission(ECC) in ECC Case No. SM-17007-0803-05,...
Promulgated on 2006-10-23

273. CA GR SP 90538: INNODATA PHILIPPINES, INC. vs. HON. SEC. MANUEL G. IMSON, et al.
Five years have passed since the aggrieved workingmen in this case were dismissed from their employment. To them, the compassionate provisions of the Constitution for the protection of labor, security of tenure...
Promulgated on 2006-10-23

274. CA GR CV 74465: AURORA SANTIAGO RAMIREZ vda. DE RUBIO vs. CORA B. CRUZ, et al.
This is an appeal from a Decision, dated October 10, 2001, of the Regional Trial Court of Quezon City, Branch 215, in Civil Case No Q-95-24269,...
Promulgated on 2006-10-23

275. CA GR CV 86054: EXAN BUILDERS CORPORATION, et al. vs. REPUBLIC OF THE PHILIPPINES
This appeal interposed by the Republic of the Philippines, brings up for review the July 15, 2005 Decision of the Municipal Trial Court of Taytay, Rizal, granting the application of Exan Builders Corporation for the registration of Lot 3 of Plan Swo-04...
Promulgated on 2006-10-23

276. CA GR SP 87845: PHILTREAD WORKERS' UNION, et al. vs. NATIONAL LABOR RELATIONS COMMISSION, et al.
Before the Court is a petition for certiorari under Rule 65 of the Rules of Court which seeks to annul and set aside the Decision dated July 30, 2004...
Promulgated on 2006-10-23

277. CA GR CR 01410: PEOPLE OF THE PHILIPPINES vs. RASHED SULAIMAN UNDONG Y CAMSA
Before Us is an appeal from the Decision dated 17 June 2005 of the Regional Trial Court, Branch 95, Quezon City filed by herein appellant Rashed Sulaiman Undong y Camsa finding him guilty beyond reasonable doubt of violation of Section 5, Article II ...
Promulgated on 2006-10-23

278. CA GR SP 96044: WINIFREDO M. VARGAS vs. NATIONAL LABOR RELATIONS COMMISSION, et al.
Before us is a petition for certiorari under Rule 65 seeking to reverse and set aside the Decision of the National Labor Relations Commission (NLRC) dated October 19, 2004 in NLRC NCR CN 00- 09-11215-03 (CA No. 040330-04)...
Promulgated on 2006-10-23

279. CA GR SP 95401: CRISTINA OCAMPO FERRER vs. METROPOLITAN TRIAL COURT OF LAS PINAS CITY, et al.
This is an appeal from the Decision dated December 2, 2005 of the Regional Trial Court, Branch 255, Las Pinas City in SCA Case No. 04-0017 dismissing petitioner Cristina Ocampo Ferrer's Petition for Certiorari,...
Promulgated on 2006-10-23

280. CA GR SP 88142: CIRILO ORTEZA, et al. vs. Hon. ROLANDO R. VELASCO, et al.
This is a Petition for Certiorari filed by the Petitioners seeking to annul and set aside the Decision of Br. 6, Regional Trial Court of Aparri, Cagayan...
Promulgated on 2006-10-23

281. CA GR CR 25465: PEOPLE OF THE PHILIPPINES vs. MAGDALENA DAVID
Before Us is an appeal from the Decision of the Regional Trial Court of Manila, Branch 34, convicting the Accused- Appellant of Estafa under Art. 315, paragraph 2(d) of the Revised Penal Code...
Promulgated on 2006-10-23

282. CA GR CV 85367: EMERENCIANA A. BASMAYOR vs. VICTORIA DELA PAZ, et al.
This is an appeal from the Decision dated July 28, 2004 of the Regional Trial Court of Pasig City, Branch 268 in Civil Case No. 68128,...
Promulgated on 2006-10-23

283. CA GR SP 64793: RIZAL COMMERCIAL BANKING CORPORATION vs. HON. ADOLFO F. ALAGAR, et al.
Before Us is a Petition for Certiorari (with Application for Temporary Restraining Order and/or Writ of Preliminary Injunction) which seeks to set aside the twin Orders of the Public Respondent dated November 13, 2000 and March 19, 2001, respectively....
Promulgated on 2006-10-23

284. CA GR SP 85635: GERONIMA D. TOLETE vs. SPOUSES CONSTANTINO R. DISTOR and AIDA L. DISTOR,
On July 26, 2004, the Regional Trial Court in Tayug, Pangasinan reversed and set aside the decision of the Municipal Circuit Trial Court of Natividad San Quintin,...
Promulgated on 2006-10-23

285. CA GR SP 89539: LORNA A. MEDINA vs. COMMISSION ON AUDIT, et al.
In this petition for review under Rule 43 of the Rules of Court, petitioner Lorna A. Medina assails (i) the Joint Order dated January 31, 2005...
Promulgated on 2006-10-23

286. CA GR SP 96502: DELNO F. TINAYA, M.D. vs. FRANCISCO T. DUQUE III, M.D.
Before the Court is a petition for "Certiorari with Urgent Application for Temporary Restraining Order and/or Mandatory Injunction",...
Promulgated on 2006-10-23

287. CA GR SP 94625: POLYFOAM CHEMICAL CORP. vs. N L R C AND ANGELITO ABECIA
Petitioner Polyfoam Chemical Corp. (hereinafter "Polyfoam") assails, on ground of grave abuse of discretion amounting to lack or excess of jurisdiction,...
Promulgated on 2006-10-23

288. CA GR SP 80451: HYATT TAXI SERVICES, INC. vs. CRUZETTE TRANSPORT CORPORATION and BALAGTAS CASTILLO
Plaintiff Hyatt Taxi Services, Inc. (Hyatt) appeals by petition for review the decision rendered in the exercise of appellate jurisdiction in Civil Case No. 02-0189,...
Promulgated on 2006-10-23

289. CA GR CR 02334: PEOPLE OF THE PHILIPPINES vs. WILSON DE VERA Y GANZODI
This is an appeal interposed by accused-appellant Wilson de Vera Y Ganzodi from the decision dated November 12, 1998 of Branch 50, Regional Trial Court (RTC) of Villasis, Pangasinan, finding him guilty...
Promulgated on 2006-10-23

290. CA GR CV 73210: SPOUSES LERMA CASTILLO and MARIO CASTILLO vs. FRANCISCO PANGANIBAN et al.
The defendants have instituted an appeal over the question of whether they are builders in good faith of a building on property sold by the mother of one of them to the plaintiffs....
Promulgated on 2006-10-23

291. CA GR CV 66000: ANASTACIA PASCUAL PAGUIO vs. GUILLERMA CALIMBAS RODRIGUEZ, et al.
This appeal seeks the reversal and setting aside of the order dated June 4, 1999 of Branch 1, Regional Trial Court (RTC) of Balanga, Bataan in Cad. Case No. I-802-98...
Promulgated on 2006-10-23

292. CA GR CR 00373: THE PEOPLE OF THE PHILIPPINES vs. ANDRES ESTEBAN Y ANDALIN
This is an Automatic Appeal from the Judgment, dated September 28, 2004, of the Regional Trial Court(RTC) of La Trinidad, Benguet, Branch 62, in Criminal Case No. 97-CR 2826,...
Promulgated on 2006-10-23

293. CA GR CV 79605: JOSEL M. PAGULAYAN vs. REPUBLIC OF THE PHILIPPINES
Before us is an Appeal interposed by the Republic of the Philippines, through the Office of the Solicitor General(OSG), assailing the Order of the Regional Trial Court(RTC), Br. 12,...
Promulgated on 2006-10-23

294. CA GR SP 93801: MA. CRISTINA F. ASIS vs. HON. REYNALDO B. DAWAY, et al.
This pertains to the petition for certiorari under Rule 65 of the 1997 Rules of Civil Procedure, filed by petitioner Ma. Cristina F. Asis...
Promulgated on 2006-10-23

295. CA GR CV 66597: ELIZABETH RIMANDO CHAN vs. THE LOCAL CIVIL REGISTRAR OF CANDON, ILOCOS SUR
Before Us is an ordinary appeal under Rule 41, Sec. 2 (a) of the Rules of Court assailing the decision dated December 14, 1999 rendered by the Regional Trial Court (RTC) of Candon, Ilocos Sur, Branch 23...
Promulgated on 2006-10-23

296. CA GR CR 00899: THE PEOPLE OF THE PHILIPPINES vs. MARILYN MALIGAYA y SILANG
Before this Court is an appeal from the Decision dated October 12, 2004 of the Regional Trial Court, Fourth Judicial Region, Branch 84, Batangas City in Criminal Cases Nos. 12919- 12924...
Promulgated on 2006-10-23

297. CA GR SP 93230: JULIANA SALINGUA, et al. vs. RODOLFO REPATO
The defendants appeal by petition for review the adverse decision dated May 18, 2005 rendered by the Department of Agrarian Reform Adjudication Board (DARAB),...
Promulgated on 2006-10-23

298. CA GR SP 81349: WINSTON S. SUGUITAN vs. HON. EDWIN D. SORONGAN, et al.
Before this Court is a Petition for Certiorari under Rule 65 of the 1997 Rules of Civil Procedure assailing: a) the Order dated February 7, 2003...
Promulgated on 2006-10-23

299. CA GR SP 91484: HEIRS OF BERNARDINO MARTIN et al. vs. ARMANDO LAURENCIANA et al.
Finding no new matter of substance raised to warrant a reversal or modification of this Court's decision dated July 10, 2006,...
Promulgated on 2006-10-23

300. CA GR CR 28520: THE PEOPLE OF THE PHILIPPINES vs. NOEL BRIZ y BERMAS
Finding no new matter of substance raised to warrant a reversal or modification of this Court's decision dated August 17, 2006,...
Promulgated on 2006-10-23

301. CA GR CV 86676: PEDRO S. SANTIAGO vs. ATTY. MARCELO SP. MENDOZA, et al.
For failure of the petitioner-appellant to file his appellant's brief within the authorized period per report of the Judicial Records Division dated October 17, 2006, the appeal in this case is hereby considered ABANDONED and accordingly DISMISSED purs...
Promulgated on 2006-10-23

302. CA GR SP 95978: MARITESS M. PINEDA vs. HON. JOSELITO C. VILLAROSA, et al.
Assailed in this petition for certiorari under Rule 65 is the Order dated March 28, 2006 denying petitioner's motion to direct private respondents to pay docket fee or to dismiss their cross-claim,...
Promulgated on 2006-10-23

303. CA GR SP 96120: ALL OCEAN MARITIME AGENCY, INC. vs. NLRC and LEOPOLDO L. MEDINA
Finding no new matter of substance that could warrant the reversal or modification of this Court's resolution dated September 25, 2006,...
Promulgated on 2006-10-23

304. CA GR SP 86189: MANILA ELECTRIC COMPANY vs. HON. MA. MERCEDITAS N. GUTIERREZ et al.
This is a Petition for Certiorari under Rule 65 of the 1997 Rules of Civil Procedure filed by herein petitioner, Manila Electric Company (MERALCO),...
Promulgated on 2006-10-23

305. CA GR CV 81655: SPOUSES GEORGE and PAZ ROS vs. ROGELIO ABALITA, et al.
Before this Court is an appeal from the decision dated February 7, 2003 of the Regional Trial Court, National Capital Judicial Region, Branch 104, Quezon City in Civil Case No. 98-33986...
Promulgated on 2006-10-23

306. CA GR CR 29367: PEOPLE OF THE PHILIPPINES vs. RUBINI MARIANO
This is an appeal from the Decision dated February 10, 2005 of the Regional Trial Court of Paranaque City, Branch 259, finding accused-appellant guilty of violating Section 11 of Art.11 RA 9165 (Illegal possession of shabu, a prohibited/ dangerous drug),...
Promulgated on 2006-10-20

307. CA GR SP 91835: SPOUSES LUIS and LOLITA DIZON vs. SPOUSES WILLIAM and ALICIA PINEDA
This pertains to the motion for reconsideration filed by the petitioners through counsel on 29 May 2006, seeking for the reconsideration of the Decision dated 28 April 2006,...
Promulgated on 2006-10-20

308. CA GR SP 89888: SOLID HOMES, INC. vs. SOLID HOMES, INC., EMPLOYEES UNION CHAPTER, et al.
This Petition for Certiorari was instituted by Solid Homes, Incorporated in accordance with Rule 65 of the 1997 Rules of Civil Procedure, seeking to nullify and set aside, on ground of grave abuse of discretion amounting to lack or in excess of jurisdicti...
Promulgated on 2006-10-20

309. CA GR SP 94107: MARTIN P. VICTORIA vs. ISMAEL V. CRISOSTOMO
M THE RESPONDENT SEEKS THE RECONSIDERATION OF OUR DECISION DATED JULY 31, 2006, URGING AS FOLLOWS:...
Promulgated on 2006-10-20

310. CA GR SP 89041: TIVOLI ROYALE COUNTRY CLUB and JORDAN TOLENTINO vs. VICTOR PACOT and NLRC (Third Division)
This pertains to the motion for reconsideration filed by the petitioners through counsel on 16 May 2006, seeking for the reconsideration of the Decision dated 25 April 2006,...
Promulgated on 2006-10-20

311. CA GR CV 71593: CONTINENTAL CEMENT CORP. vs. FILIPINAS (PREFAB) SYSTEM, INC.
This is an appeal from the decision of the Regional Trial Court, Branch 87, National Capital Region, Quezon City,...
Promulgated on 2006-10-20

312. CA GR CV 84196: FILMAG (PHILS.), INC. vs. JULIAN DELA ROSA
For failure of defendant-appellant to file the required Appellant's Brief within the reglementary period as per JRD Report dated August 30, 2006, the instant appeal is hereby DISMISSED...
Promulgated on 2006-10-20

313. CA GR CV 62502: Spouses LORETO and JULIE HANLO vs. Spouses ONG PIN SUN, et al.
This is an Appeal assailing the Order(s) issued in Civil Case No. 95-0103 by the Regional Trial Court, National Capital Judicial Region, Br. 260, Paranaque, Metro Manila,...
Promulgated on 2006-10-20

314. CA GR CV 62607: ELISA W. ICASIANO vs. GREEN VALLEY BAGUIO (PHASE II) CONDOMINIUM CORPORATION
This pertains to the motion for reconsideration filed by the plaintiffappellant through counsel on 13 March 2006, seeking for the reconsideration of the Decision dated 28 February 2006,...
Promulgated on 2006-10-20

315. CA GR SP 96261: MAGSAYSAY MARITIME CORPORATION, MARTLEY SHIPPING, INC., ET AL. vs. ALFREDO T. CATAJOY, ET AL.
Filed before Us is a Petition for Certiorari by Magsaysay Maritime Corporation (MMC) and Ceres Hellenic Shipping Enterprises Ltd....
Promulgated on 2006-10-20

316. CA GR SP 88433: ABS-CBN BROADCASTING CORPORATION vs. NLRC and FEDERICO BERMEJO LIM, JR.
This pertains to the motion for reconsideration filed by the petitioner through counsel on 11 May 2006, seeking for the reconsideration of the Decision dated 21 April 2006, the text of which reads:...
Promulgated on 2006-10-20

317. CA GR CV 77722: EFREN V. ESTRADA vs. SAF ASSOCIATES REALTY BUILDERS CORP., WILFREDO F. DULAY, et al.
"WHEREFORE, judgment is rendered ordering the defendants, jointly and severally, to pay to the plaintiff the principal amount of P925,000.00, plus interest of 3% per month from the filing of the complaint until fully paid; P100,000.00 as attorney's fe...
Promulgated on 2006-10-20

318. CA GR SP 95790: VILLAMOR P. ASUNCION, et al. vs. AMELIA CARILLO, ET AL.
This pertains to the motion for reconsideration (Rollo, p. 08) filed by the petitioners through counsel, seeking for a reconsideration of the extension of time granted by the Court to file the instant petition and likewise to admit the same although be...
Promulgated on 2006-10-20

319. CA GR CV 64411: THELMA T. GO, Geerhart Enterprises vs. CHEMEX INTERNATIONAL LABORATORIES CORP., et al.
The elements of a valid contract of sale under Article 1458 of the Civil Code are the following: (1) the parties' consent or meeting of minds, (2) a determinate subject matter, and (3) a price certain in money or its equivalent....
Promulgated on 2006-10-20

320. CA GR SP 92506: AZER E. DULOT, et al. vs. OFFICE OF THE OMBUDSMAN et al.
This is a Petition for Review under Rule 43 of the 1997 Rules of Court which seeks the reversal and the setting aside of the Decision dated 05 May 2005....
Promulgated on 2006-10-20

321. CA GR CV 83529: JOHNNY MEDINA & FE ESPERANZA MEDINA-LOPEZ vs. SPS. CIPRIANO P. BATULAY & MILAGROS B. GABRIEL, et al.
Appeal from the Decision of the Regional Trial Court of Sto. Domingo, Nueva Ecija, Branch 37, in Civil Case No. 184-SD(99), the dispositive portion whereof reads:...
Promulgated on 2006-10-20

322. CA GR SP 86911: AMANDO RAMIREZ, JR., ET AL.,. vs. SPS. NELSON M. VILLARICA AND MIRIAM SUZET VILLARICA
For failure of plaintiffs-appellants' to file the required appellants' brief within the reglementary period which expired on August 31, 2006 as per JRD Report dated September 19, 2006,...
Promulgated on 2006-10-20

323. CA GR CR 00983: THE PEOPLE OF THE PHILIPPINES vs. AGUILAR AGUILAR y LATICMAN a.k.a. "ALLAN"
Aguilar Aguilar y Laticman appeals the January 27, 2004 decision of Branch 154 of the Regional Trial Court of Pasig City in Criminal Case Nos. 12243-D and 12244-D...
Promulgated on 2006-10-19

324. CA GR SP 89817: ADRIANO G. SAMOY, et al. vs. HON. EDUARDO ISRAEL TANGUANCO, et al.
Before Us is a Petition for Certiorari and Prohibition with application for a Writ of Preliminary Injunction and/or a Temporary Restraining Order (TRO) assailing the Order dated March 15, 2005...
Promulgated on 2006-10-19

325. CA GR SP 88328: ASB DEVELOPMENT CORP. and/or MR. LUKE ROXAS vs. NLRC (1st DIVISION) and SAMUEL B. FELICIO
Petitioners ASB Development Corporation and Mr. Luke Roxas (hereinafter petitioners), in this petition for certiorari, seek to annul the Decision dated 9 May 2002...
Promulgated on 2006-10-19

326. CA GR CV 68037: SPOUSES JOVY OLIMON and LINA OLIMON vs. SPOUSES CECILIO SOLOMON and AMALIA SOLOMON
Before this Court is a Motion to Withdraw Appeal filed by plaintiffs-appellants on 18 September 2006....
Promulgated on 2006-10-19

327. CA GR SP 96102: SPS. LEONARDO & LOLITA SYEGCO AZARCON vs. TEODORO DUNGAO, JR.
The Court resolves to DISMISS herein Petition for Review because the verification does not include the assurance that the allegations in the petition are "based on authentic records"...
Promulgated on 2006-10-19

328. CA GR CR 29521: RODELIA ALFONSO vs. THE PEOPLE OF THE PHILIPPINES
This petition for review assails the decision dated July 19, 2005 of the Regional Trial Court (RTC) of Manila, Branch 8 in Criminal Case Nos. 05-233757-66,...
Promulgated on 2006-10-19

329. CA GR SP 76430: LORENZO L. CUNANAN vs. ESTRELLA F. ALABASTRO
Assailed in this Petition for Review is the Resolution dated January 28, 2003 of the Office of the President in O.P. Case No. 03- A-031,...
Promulgated on 2006-10-19

330. CA GR CV 65596: SIXTO ARENAS vs. FIRST BATANGAS INDUSTRIAL PARK, INC.
This case presents questions concerning the legal effects and consequences of a particular sales transaction of land....
Promulgated on 2006-10-19

331. CA GR CV 77435: FLORIE GRACE MANONGDO vs. RHOMEL GAGARIN COTE, et al.
Before Us is an appeal filed by Oppositor-Appellant Republic of the Philippines through the Office of the Solicitor General (OSG) questioning the January 10, 2003...
Promulgated on 2006-10-19

332. CA GR SP 77533: MA. NORMITA B. SANTONIA vs. NATIONAL LABOR RELATIONS, et al.
Alleging that these were issued with grave abuse of discretion by the respondent National Labor Relations Commission (or NLRC), the petitioner Ma. Normita B. Santonia (or Santonia) pleads that the Resolution of December 6, 2002 upholding the July 31, 2...
Promulgated on 2006-10-19

333. CA GR SP 92017: BANK OF THE PHILIPPINE ISLANDS vs. BANK OF THE PHILIPPINES ISLANDS EMPLOYEES' UNION - METRO MANIL
The petitioner seeks for a reversal of the Decision dated October 19, 2005 of Voluntary Arbitrator Daniel L. Edralin in Case No. A-0057-NCR- 49, holding that making petitioner's employees liable for their negligence (in not observing the standard banki...
Promulgated on 2006-10-19

334. CA GR SP 93213: PHILIPPINE HANSE SHIP AGENCY, INC., et al. vs. NLRC, et al.
This is a Petition for Certiorari with prayer for the issuance of a temporary restraining order and/or writ of preliminary injunction,...
Promulgated on 2006-10-19

335. CA GR SP 93315: SEABIRD SHIP MANAGEMENT, INC., ET AL. , vs. NLRC, et al.
Before Us is a Petition for Certiorari under Rule 65 of the Rules of Court assailing the August 31, 2005 and November 30, 2005 Resolutions of the National Labor Relations Commission (hereinafter "NLRC"),...
Promulgated on 2006-10-19

336. CA GR SP 94292: NEW CALASIAO BIJON FACTORY et al. vs. HON. NLRC AND LILIA TABIGUE
On May 2, 2006, petitioners filed the instant petition for certiorari seeking the nullification of the Resolution dated April 11, 2005...
Promulgated on 2006-10-19

337. CA GR CV 84906: ENGRACIA L. IGAMA vs. NOEL E. IGAMA, SR.
This is an appeal from the Decision dated March 22, 1996 rendered by the Regional Trial Court of Baguio City and Benguet Province, Branch 9,...
Promulgated on 2006-10-19

338. CA GR SP 92336: AISIS INTERNATIONAN MAN-POWER SERVICES, INC. vs. NATIONAL LABOR RELATIONS COMMISSION et al.
The present Petition for Certiorari filed pursuant to Rule 65 of the 1997 Rules of Civil Procedure, with a prayer for the issuance of a Temporary Restraining Order and Preliminary Injunction,...
Promulgated on 2006-10-19

339. CA GR CV 82829: COSCO CONTAINER LINES, INC., et al. vs. PACIFIC MEAT CO., INC, et al.
Assailed in this appeal is the Decision of the Regional Trial Court, Branch 45, Manila dated May 18, 2004 which granted plaintiffs-appellees' complaint for sum of money and damages, the dispositive portion of which reads:...
Promulgated on 2006-10-19

340. CA GR SP 79677: IMPALA SECURITY AGENCY, et al. vs. NLRC, et al.
The petitioner Impala Security Agency (or Impala Security) in this petition for certiorari asks that the Resolution dated February 28, 2003 of the National Labor Relations Commission (or NLRC)...
Promulgated on 2006-10-19

341. CA GR SP 95380: DA RI WON RESTAURANT and Mr.MANUEL MILLAREZ vs. NATIONAL LABOR RELATIONS COMMISSION, et al.
Impugned in this petition for certiorari, as tainted with grave abuse of discretion amounting to lack or excess of jurisdiction, is the Resolution issued on September 30, 2005 by the National Labor Relations Commission (or NLRC), Third Division,...
Promulgated on 2006-10-19

342. CA GR SP 90679: ABRAIHAM B. VIRAY vs. NLRC, et al.
This pertains to the motion for reconsideration filed by the petitioner through counsel on 23 May 2006, seeking for the reconsideration of the Decision dated 28 April 2006,...
Promulgated on 2006-10-19

343. CA GR SP 95148: ELEUTERIA MANALABE SARDIDO-CRUZ vs. HON. RENATO J. DILAG, et al.
Before the Court is a petition for certiorari with prayer for the issuance of a temporary restraining order and/or writ of preliminary injunction which seeks to annul and set aside the Order...
Promulgated on 2006-10-19

344. CA GR CR 00038: THE PEOPLE OF THE PHILIPPINES vs. NORMAN SITCO y DE JESUS, & RAYMUNDO BAGTAS y CAPARAS
Before Us is an appeal filed by accused-appellant Norman Sitco y De Jesus from the Joint Decision dated August 26, 1999 rendered by the Regional Trial Court (RTC) of Malabon,...
Promulgated on 2006-10-19

345. CA GR SP 90638: WILSON JOSEPH REYES, JR., et al. vs. HON. JUDGE ANTONIO M. EUGENIO, JR., et al.
This is a petition for certiorari and mandamus under Rule 65 of the 1997 Rules of Civil Procedure seeking to annul and set aside the Orders...
Promulgated on 2006-10-19

346. CA GR CV 79378: PACITA HORA vs. OSTING GALINO
This is an appeal from the Decision of the Regional Trial Court (RTC), Branch 25, Tagudin, Ilocos Sur, dated March 5, 2003,...
Promulgated on 2006-10-19

347. CA GR CV 67633: AGUSTIN M. CARANTO, et al. vs. JOSEFINA S. CARANTO
Cause of action, as defined in Section 2, Rule 2 of the Revised Rules of Court, is the act or omission by which a party violates the right of another. Its essential elements are as follows:...
Promulgated on 2006-10-18

348. CA GR CV 82142: ATTY. EUSTAQUIO Z. GACOTT JR. vs. HEIRS OF JOSE L. ESPINO, et al.
Since a cause of action requires, as essential elements, not only a legal right of the plaintiff and a correlative duty of the defendant but also an act or omission of the defendant in violation of said legal right...
Promulgated on 2006-10-18

349. CA GR CV 73500: MARCELO GONZALES and REMEDIOS GONZALES VDA. DE JUNIO vs. LORENZO BUENCAMINO, et al.
Assailed in the present appeal is the Decision dated October 30, 2001 in Civil Case No. C-17664 of Branch 124, Regional Trial Court, Caloocan City which declared, among others, the subject deed of absolute sale of a parcel of land as an equitable mortg...
Promulgated on 2006-10-18

350. CA GR CV 82686: MULTI-INTERNATIONAL BUSINESS DATA SYSTEM, INC. vs. RUEL MARTINEZ
In civil cases, the burden of proof to be established by preponderance of evidence is on the plaintiff who is the party asserting the affirmative of an issue....
Promulgated on 2006-10-18

351. CA GR SP 91821: SECURITY PACIFIC ASSURANCE CORP vs. JUDITH TENORIO, et al.
A surety bond is a valid and binding contract of the surety company as it is a public document that enjoys the presumption of authenticity and due execution....
Promulgated on 2006-10-18

352. CA GR CV 72129: SPOUSES RAMON and JULIETA SAN JOSE vs. GONZALO O. LOPEZ
Legal Principles in this Case: Articles 1623 and 1088 of the Civil Code both require that notice in writing be made to the other co-owners/coheirs before the prescriptive period for redemption of the property can commence to run....
Promulgated on 2006-10-18

353. CA GR SP 93234: RUBY C. TULAGAN vs. SOCIAL SECURITY SYSTEM (SSS) [Lucky Home Plastic Manufacturing]
In a Petition for Review filed under Rule 43 of the 1997 Rules of Civil Procedure, petitioner Ruby C. Tulagan assails the Decision...
Promulgated on 2006-10-18

354. CA GR CV 78698: REMEGIO LICUANAN ELLARIS vs. BENJAMIN NAVARRO, et al.
A sketch plan of real property, even if said plan were approved by the Bureau of Lands, is not accepted as proof in itself of one's ownership to the land covered by the plan....
Promulgated on 2006-10-18

355. CA GR CV 68476: CONRADO O. COLARINA vs. SECRETARY OF AGRARIAN SECRETARY OF AGRARIAN, et al.
Just compensation is defined as the full and fair equivalent of the property taken from its owner by the expropriator. The measure is not the taker's gain, but the owner's loss....
Promulgated on 2006-10-18

356. CA GR CV 75761: SPOUSES ENRICO and NENITA VILLANUEVA vs. SPOUSES ANATOLIA and ANGEL TALAIN, et al.
The essential requisites of a valid contract are as follows: (1) consent of the contracting parties; (2) object certain which is the subject matter of the contract; and (3) cause of the obligation which is established....
Promulgated on 2006-10-18

357. CA GR CV 67423: SPOUSES OFRICIO BORJE and FELICIDAD BORJE vs. THE RURAL BANK OF STA. MARIA (I.S.), INC. et al.
Section 78 of Republic Act No. 337, as a special and subsequent legislation, further amended Act No. 3135, and in relation to Section 28, Rule 39 of the Revised Rules of Court, the rule is now different in computing redemption price - when the mortgag...
Promulgated on 2006-10-18

358. CA GR SP 93184: Spouses ARTHUR and MARY ANN NERIDA vs. HON. ANTONIO C. REYES, et al.
Impugned in this Petition for Certiorari (with prayer for temporary restraining order and writ of preliminary injunction), as tainted with grave abuse of discretion, amounting to lack or excess of jurisdiction,...
Promulgated on 2006-10-18

359. CA GR SP 88418: EQUITABLE PCI BANK, INC. vs. HON. MARTONINO R. MARCOS, et al.
This petition for certiorari under Rule 65 of the 1997 Rules of Civil Procedure, filed by petitioner Equitable PCI Bank, Inc....
Promulgated on 2006-10-17

360. CA GR CV 83020: IGLESIA NI CRISTO vs. FCN TRADING and/or FREDDIE LIBATIQUE
The defendants appeal the decision dated November 26, 2003 rendered against them by the Regional Trial Court (RTC), Branch 79, in Quezon City....
Promulgated on 2006-10-17

361. CA GR SP 96143: GOLDEN KNIGHT PRINTING SERVICES CORPORATION vs. METROPOLITAN BANK & TRUST CO., et al.
Before Us is a Petition for Annulment of Judgment under Rule 47 of the Rules of Court seeking to nullify and set aside the Judgment dated June 26, 2006 of the Regional Trial Court (RTC), Branch 76, Malolos City, Bulacan...
Promulgated on 2006-10-17

362. CA GR SP 94304: CAROSAL DEVELOPMENT CORPORATION vs. CITY OF MANDALUYONG and the CITY TREASURER
This appeal by way of petition for review seeks to overturn the Decision dated November 7, 2005, of the Regional Trial Court (or RTC) of Mandaluyong City, Branch 212, in Civil Case No. SCA-MC 05-562,...
Promulgated on 2006-10-17

363. CA GR SP 95682: LIGHT RAIL TRANSIT AUTHORITY vs. NATIONAL LABOR RELATIONS COMMISSION, et al.
This is a petition for certiorari under Rule 65 seeking to set aside the Decision dated December 29, 2005 reversing the Decision dated January 28, 2005 of the Labor Arbiter which dismissed private respondent's complaint for illegal dismissal,...
Promulgated on 2006-10-17

364. CA GR CV 86924: KERRY SECURITIES (PHILS,) INCORPORATED vs. CARLO V. LOPEZ
Counsel for defendant-appellant's received the notice to file brief on 19 July 2006 which expired last 4 September 2006....
Promulgated on 2006-10-17

365. CA GR CV 80839: NARCISA P. DECENA vs. REPUBLIC OF THE PHILIPPINES
This is an appeal from the Decision of the Regional Trial Court, Branch 44, Dagupan City granting the petition for reconstitution of Original Certificate of Title (OCT) No. 43632....
Promulgated on 2006-10-17

366. CA GR SP 95053: ALEX CALIMAG, et al. vs. K-9 SECURITY AND MANPOWER CORP., et al.
Via this special civil action for certiorari, the petitioners seek the annulment of the resolutions promulgated on June 17, 2005...
Promulgated on 2006-10-17

367. CA GR CV 79135: CAMILLE T. CRUZ vs. NORTHWEST AIRLINES, INC.
This is an appeal from the Decision of the Regional Trial Court of Makati City, Branch 135, dated May 16, 2003 in a Civil Suit for Damages premised upon a breach of contract of carriage....
Promulgated on 2006-10-17

368. CA GR SP 93762: MANELS EXCHANGE BAGUIO, et al. vs. NATIONAL LABOR RELATIONS COMMISSION, and LYN V. BARRIL
Impugned in this petition for certiorari, as tainted with grave abuse of discretion amounting to lack or excess of jurisdiction, are the Resolutions of the National Labor Relations Commission...
Promulgated on 2006-10-17

369. CA GR SP 90081: MANILA INTERNATIONAL AIRPORT AUTHORITY vs. HON. FRANCISCO G. MENDIOLA, et al.
After a series of partial summary judgments and orders, the case was finally disposed of....
Promulgated on 2006-10-17

370. CA GR SP 52599: AUREA ARAGON CASIANO vs. HON. NOEL G. TIJAM, et al.
This is a petition for annulment of judgment, seeking a relief grounded on equity. The relief it affords is of an extraordinary character and not as readily available as the remedies obtaining a judgment that is not yet final...
Promulgated on 2006-10-17

371. CA GR CV 59542: AGAPITA M. RECUERDO vs. SUN CHEERS INTERNATIONAL, INC., and SIMEONREU A. BUENAVIDES
This is an appeal from the Decision dated April 3, 1998 rendered by the Regional Trial Court, National Capital Judicial Region, Branch 257, Paranaque City in Civil Case No. 96-0225....
Promulgated on 2006-10-17

372. CA GR CV 76997: MANOLO, CHARITO and CYNTHIA, all surnamed REYES vs. IGNACIO GUTIERREZ
Before the Court is an appeal from the Order dated April 1, 2002 of the Regional Trial Court of Tanauan City, Branch 6, in Civil Case No. T- 1098 for judicial partition,...
Promulgated on 2006-10-17

373. CA GR CV 77967: FEDERICO FARINAS; HEIRS OF RODRIGO UTANEZ, et al. vs. LORETO MARRON, MODESTO CARDENAS
Before the Court is an appeal seeking to reverse the Decision dated January 8, 2002 of Branch 34, Regional Trial Court (RTC) of Balaoan, La Union, in Civil Case No. 454 for Damages...
Promulgated on 2006-10-17

374. CA GR CV 82209: AUGUSTO JALMANZAR, GREGORIO, JR., et al. vs. GREGORIA CLIDORO-PALANCA, et al.
Before the Court is an appeal from the Order dated December 8, 2003 issued by the Regional Trial Court (RTC) of Tabaco City, Branch 17, in Civil Case No. T-2275 for Revival of Judgment...
Promulgated on 2006-10-17

375. CA GR SP 91774: ROOS INDUSTRIAL CONSTRUCTION, INC. vs. NLRC (2nd Division), et al.
This pertains to the motion for reconsideration filed by the petitioner through counsel on 05 May 2006, seeking for the reconsideration of the Decision dated 12 April 2006,...
Promulgated on 2006-10-17

376. CA GR SP 91213: LING NA LAU vs. HON. ANTONIO M. EUGENIO, JR., et al.
Assailed in this petition for certiorari, as tainted with grave abuse of discretion amounting to lack or excess of jurisdiction, are:...
Promulgated on 2006-10-17

377. CA GR SP 89303: CERF REALTY CORPORATION, et al. vs. MERLE U. RUIZ, SPS. EDISON and ROWENA MONTANCES, et al.
CERF Realty and Development Corporation instituted this Petition for Review in accordance with Rule 43 of the 1997 Rules of Civil Procedure, seeking to reverse and set aside the Order dated April 23, 2003 of the Office of the President in OP Case No. 98-C...
Promulgated on 2006-10-17

378. CA GR CV 76699: ALAN R. ARMSTRONG vs. BLESILA SANCHEZ-TROTT
This is an appeal from the Decision of the Regional Trial Court, Branch 76, Quezon City dated April 11, 2002 granting plaintiff-appellee's complaint for sum of money and damages, the dispositive portion of which is quoted herein as follows:...
Promulgated on 2006-10-17

379. CA GR SP 77650: HEIRS OF FRANCISCO ARENAS vs. HEIRS OF THE LATE JUSTICE J.B.L. REYES and DR. EDMUNDO REYES
This is a petition for review under Rule 42 of the 1997 Rules of Civil Procedure, impugning the Decision dated May 30, 2003 of the Regional Trial Court of Caloocan City,...
Promulgated on 2006-10-17

380. CA GR SP 94132: SPS. ILUMINADO & LOLITA CAPULE LANDICHO, et al. vs. HON. HILARIO F. CORCUERA, RTC BINAN, et al.
On April 28, 2006, We issued a Resolution dismissing the instant petition for annulment of judgment for failure of the petitioner to attach affidavits of witnesses or documents...
Promulgated on 2006-10-17

381. CA GR SP 75909: A1 PRIME SECURITY SERVICES, INC., ET. AL., vs. NATIONAL LABOR RELATIONS COMMISSION, ET AL.
Submitted for Our resolution are petitioners' "MOTION FOR PARTIAL RECONSIDERATION" of Our Decision,...
Promulgated on 2006-10-17

382. CA GR SP 79188: ENGRACIA, AMELITA, MELINDA, ELVIRA and MYRNA, all surnamed VALMONTE vs. GUILLERMO PANGILINAN, et al.
In this Petition for Review, the petitioners Engracia, Amelita, Melinda, Elvira and Myrna, all surnamed Valmonte (hereafter the Valmontes for brevity) seek to nullify and set aside the Decision of the respondent Department of Agrarian Reform Adjudicati...
Promulgated on 2006-10-17

383. CA GR SP 86582: LAND BANK OF THE PHILIPPINES vs. HEIRS OF MAXIMO PUYAT AND GLORIA PUYAT
THE PETITIONER SEEKS THE RECONSIDERATION OF OUR DECISION DATED JUNE 28, 2006, URGING THE FOLLOWING GROUNDS, TO WIT:...
Promulgated on 2006-10-16

384. CA GR CV 82397: LILIA D. BERNTZEN, et al. vs. CITY AUTO BUS LINE
As far as we know, the issue in this case is one of first impression. It is whether under the present rules, a party who has presented evidence ex-parte after the adverse party failed to appear at pre-trial is entitled to prove more damages than he ask...
Promulgated on 2006-10-16

385. CA GR SP 87027: STA. LUCIA REALTY AND DEVELOPMENT, INC. vs. ROMEO UYECIO, et al.
This is a petition for review under Rule 43 of the 1997 Revised Rules of Civil Procedure that seeks to set aside the following orders of the Office of the President:...
Promulgated on 2006-10-16

386. CA GR CR 01389: PEOPLE OF THE PHILIPPINES vs. RENATO PENA
This is an appeal from the Decision dated March 26, 1997 (Records, pp. 306-313) of Branch 59 of the Regional Trial Court of Angeles City,...
Promulgated on 2006-10-16

387. CA GR SP 80386: PLAC LOCAL 366 BERDE PLANTS CHAPTER vs. BERDE PLANTS, INC.
The thematic issues underlying a particular dispute between Berde Plants Inc and its labor union stem from the unilateral diminution by the company of certain employee benefits....
Promulgated on 2006-10-16

388. CA GR CR 01551: PEOPLE OF THE PHILIPPINES vs. ANTON MADEO
Before Us is an appeal from the Decision of the Regional Trial Court of Urdaneta City, Branch 46, dated August 24, 2000, in Criminal Case No. U-10600...
Promulgated on 2006-10-16

389. CA GR SP 89893: FLORENTINO QUARTZ P. REQUINTA vs. HON. RAUL BAUTISTA VILLANUEVA, et al.
Via this special civil action for certiorari, prohibition and mandamus, the accused assails as patently offensive and oppressive to him and as contrary to law and jurisprudence...
Promulgated on 2006-10-16

390. CA GR SP 90932: CLEOTILDE B. SALAS and CHAVALIER B. SALAS vs. HON. JUDGE REYNALDO G. ROS, et al.
The petitioners Cleotilde and Chavalier Salas take recourse under Rule 47, 1997 Rules of Civil Procedure, to pray for the nullification of the decision dated June 30, 2004 rendered in Civil Case No. 02-104005...
Promulgated on 2006-10-16

391. CA GR CR 29504: THE PEOPLE OF THE PHILIPPINES vs. REX GONZAGA y ANGELES
Accused Rex Gonzaga appeals the June 20, 2005 decision of Branch 103 of the Regional Trial Court of Quezon City in Criminal Case No. Q-02-112966...
Promulgated on 2006-10-16

392. CA GR CV 78851: SPS FELINO SINGCUENCO AND FELISA DE GUZMAN SINGCUENCO vs. REPUBLIC OF THE PHILIPPINES
In the Decision (Rollo, pp. 142-146) of the Municipal Trial Court (MTC) of Taytay, Rizal, acting as a land registration court,...
Promulgated on 2006-10-16

393. CA GR CV 67085: HEIRS OF THE LATE GREGORIO V. TENGCO vs. REPUBLIC OF THE PHILIPPINES
This is an appeal filed by the oppositor-appellant Republic of the Philippines from the Order dated December 16, 1999 (Records, pp. 87-92) of the Regional Trial Court of Bayombong, Nueva Vizcaya,...
Promulgated on 2006-10-16

394. CA GR SP 78972: CRISTOBAL D. LAPLANA vs. NATIONAL LABOR RELATIONS COMMISSION, et al.
Cristobal Laplana was a veteran seaman whose service record shows that he was deployed on ocean-going vessels over a span of a decade before he was contracted for an assignment that led to the present dispute....
Promulgated on 2006-10-16

395. CA GR CV 79552: APOLONIA BERNAL, PABLO BERNAL, et al. vs. REPUBLIC OF THE PHILIPPINES
On March 28, 2003, the Regional Trial Court of Quezon City, Branch 215, rendered a Decision in LRC Case No. Q-15067 (02) which granted the petition for reconstitution of original copy of Transfer Certificate of Title No. 5370...
Promulgated on 2006-10-16

396. CA GR SP 93749: MARJORIE AUNG vs. HON. CLIFTON U. GANAY, et al.
Through this recourse, the petitioner seeks the nullification of the decision rendered on February 20, 2004 by the Regional Trial Court, Branch 31, in Agoo, La Union in Civil Case No. A-2274...
Promulgated on 2006-10-16

397. CA GR SP 89206: JOHN T. RANCHES vs. ANDREA CHRISTINE RAMIREZ
THE PRIVATE RESPONDENT SEEKS THE RECONSIDERATION OF THE DECISION DATED APRIL 27, 2006, URGING THE FOLLOWING GROUNDS, TO WIT:...
Promulgated on 2006-10-16

398. CA GR SP 66022: DYNE-SEM EMPLOYEES UNION-UNITED WORKERS OF THE PHILIPPINES-(UWP), ET AL. vs. NLRC, ET AL.
BEFORE US IS A MOTION FOR RECONSIDERATION DATED APRIL 1, 2004, ASSAILING OUR AMENDED DECISION DATED MARCH 19, 2004....
Promulgated on 2006-10-16

399. CA GR SP 93692: SUBIC BAY METROPOLITAN AUTHORITY vs. HON. RAMON S. CAGUIOA et al.
Before this Court is a Petition for Certiorari under Rule 65 of the 1967 Revised Rules of Civil Procedure seeking to declare the nullity of the decision...
Promulgated on 2006-10-16

400. CA GR SP 77736: EDGARDO LIM-DE LAS PENAS vs. HONORABLE SECRETARY,DEPARTMENT OF JUSTICE, and LOURDES DEYTO
On March 28, 2001, complaints for the Violation of Batas Pambansa Blg. 22 (or B. P. Blg. 22) were filed by the petitioner Edgardo Lim - De las Penas...
Promulgated on 2006-10-16

401. CA GR SP 94029: NAGKAKAISANG MANGGAGAWA NG ISETAN - SUPER FOUR (4) OTHERS vs. NLRC et al.
Before this Court is a Petition for Certiorari under Rule 65 of the 1997 Revised Rules of Civil Procedure assailing the Decision dated November 22, 2005...
Promulgated on 2006-10-16

402. CA GR SP 79849: EPIFANIA FERRER vs. LINDA, CATALINA, JOVITA and GIL, all surnamed FERRER
On February 4, 2002, the Municipal Trial Court (or MTC) stationed in Calasiao, Pangasinan dismissed the case for Annulment of Deed of Absolute Sale,...
Promulgated on 2006-10-16

403. CA GR CV 86683: DANILO DE LA PENA vs. ANGELO T. REYES and RODOLFO GUEVARRA
Considering the report dated October 10, 2006 of the Judicial Records Division that no appellants' brief has been filed within the reglementary period which lasted until July 30, 2006,...
Promulgated on 2006-10-16

404. CA GR SP 92039: BUKLURAN NG MANGGAGAWA SA CLOTHMAN-SUPER, et al. vs. NLRC et al.
Before this Court as a Petition for Certiorari under Rule 65 of the 1997 Revised Rules of Civil Procedure assailing the resolutions dated May 25, 2005 and August 30, 2005...
Promulgated on 2006-10-16

405. CA GR CV 85662: ALFONSO MENDOZA, et al. vs. ETHELINDA B. TIBURCIO
Before this Court is an appeal from the decision dated November 9, 2004 of the Regional Trial Court, National Capital Judicial Region, Branch 264, Pasig City,...
Promulgated on 2006-10-16

406. CA GR SP 91280: Spouses ELIGIO & MARILOU GUTIERREZ and ALBERT MAURIN vs. EDUARDO BILBAO
The petitioners spouses Eligio and Marilou Gutierrez and Albert Maurin (hereafter the petitioners for brevity) were sued by the respondent Eduardo Bilbao (or the respondent) for Unlawful Detainer before the Metropolitan Trial Court of Quezon City (or M...
Promulgated on 2006-10-16

407. CA GR CR 00351: PEOPLE OF THE PHILIPPINES vs. MARIO CONSTANTINO
After a careful perusal of the Motion for Reconsideration (Rollo, pp. 177-181) filed by accused-appellant of the Decision of this Court dated July 31, 2006 (Rollo, pp. 153-173),...
Promulgated on 2006-10-16

408. CA GR SP 95306: SAMAHAN NG MGA MANGGAGAWA SA MAKATI (SPORTS) CLUB, INC. - NAFLU vs.HON. ARTURO L. ALIGAEN et al.
Before this Court is a Petition for Review under Rule 43 of the 1997 Revised Rules of Civil Procedure assailing the Decision dated June 21, 2006...
Promulgated on 2006-10-16

409. CA GR CV 67270: JOY PERPETUA M. SUPAN, D.M.D vs. AETNA HEALTHCARE, INC.
In reciprocal obligations, the power to rescind is given to the injured party. Where the plaintiff is the party who did not perform the undertaking which he was bound by the terms of the agreement to perform,...
Promulgated on 2006-10-13

410. CA GR CV 76728: TOKIO MARINE MALAYAN INSURANCE CORPORATION vs. MICHAEL, INC.
The designation of persons or officers who are authorized to accept summons for a domestic corporation or partnership is now limited and more clearly specified...
Promulgated on 2006-10-13

411. CA GR CR 01064: PEOPLE OF THE PHILIPPINES vs. JIMMY VELASQUEZ y BIYALA
If carried out with due regard to constitutional and legal safeguards, implementation of a search warrant has been considered as an efficient, effective, and even restrained mode of apprehending drug pushers...
Promulgated on 2006-10-13

412. CA GR CV 82933: SPOUSES RAMON D. PESARILLO et al. vs. KWIKLINE TRUCKING and TRADING CORPORATION, et al.
At bar is an appeal from the February 11, 2004 Decision of the Regional Trial Court, Branch 17, City of Manila, in Civil Case No. 95-73182,...
Promulgated on 2006-10-13

413. CA GR SP 95709: RENE LUIS M. TADLE, et al. vs. PROFESSIONAL REGULATION COMMISSION and BOARD OF NURSING
The petitioners are asking this Court, through a petition filed under Section 2, Rule 65 of the Rules of Court,...
Promulgated on 2006-10-13

414. CA GR SP 88534: SPOUSES MARLON F. VILLALUZ and MA. VICTORIA VILLALUZ vs. SPOUSES ROMULO and MAURICIA ROCAS
Before Us is a Petition for Review under Rule 42 of the Rules of Court filed by Spouses Marlon F. Villaluz and Ma. Victoria Villaluz (herein petitioners) which seeks to annul and set aside the Decision,...
Promulgated on 2006-10-13

415. CA GR SP 91066: NYK-FIL SHIP MANAGEMENT, INC., et al. vs. N L R C and ANGELINE S. CRISOSTOMO
Assailed in this petition for certiorari which was filed by petitioners under Rule 65 of the Rules of Court are the resolutions of public respondent...
Promulgated on 2006-10-13

416. CA GR CV 76963: CHARITA POTENCION,FORTUNATO ABELLA, JR., et al. vs. SPOUSES ALEJANDRO and CLARITA CABLAYAN, et al.
It is a cardinal rule in the interpretation of contracts that if the terms of a contract are clear and leave no doubt upon the intention of the contracting parties, the literal meaning of its stipulations shall control....
Promulgated on 2006-10-13

417. CA GR CR 28846: PEOPLE OF THE PHILIPPINES vs. ABRAHAM MICLAT, JR. Y CERBO
Accused-appellant appeals before this Court his conviction for violation of Section 11, Article II of Republic Act No. 9165 ,also known as the Comprehensive Dangerous Drugs Act of 2002,...
Promulgated on 2006-10-13

418. CA GR CV 72678: KING OAN MANUEL DONATO, et al. vs. THE LOCAL CIVIL REGISTRAR OF VIGAN, ILOCOS SUR et al.
On appeal is the decision rendered by Branch 20, Regional Trial Court of Ilocos Sur in Special Proceedings No. 5451-V on July 18, 2001....
Promulgated on 2006-10-13

419. CA GR SP 88525: NICASIO MAGBITANG, et al. vs. MUNICIPALITY OF BALIUAG, BULACAN AND D A R A B
Assailed in this Petition for Review is the Decision of the Department of Agrarian Reform Adjudication Board (DARAB) declaring petitioners...
Promulgated on 2006-10-13

420. CA GR SP 72841: MACANUB C. BANUCAG vs. CIVIL SERVICE COMMISSION, and MAGASUGA DANDAMUN
Assailed in this Petition for Review is Resolution No. 020930 dated 5 July 2002 of the Civil Service Commission (CSC, for brevity)...
Promulgated on 2006-10-13

421. CA GR CV 83553: OFELIA HALILI and CONRADO HALILI vs. LOVEGRAM LENDING INVESTOR, et al.
This is an Appeal interposed by appellant-spouses Conrado and Ofelia Halili from the Order dated 28 July 2004 rendered by the Regional Trial Court (RTC, for brevity),...
Promulgated on 2006-10-13

422. CA GR CV 62425: SPECIAL STEEL PRODUCTS, INC. and AUGUSTO L. PARDO vs. EQUITABLE BANKING CORPORATION, et al.
A Court can take judicial cognizance of the practice that a check with two parallel lines in the upper left hand corner means that it could only be deposited and not converted into cash....
Promulgated on 2006-10-13

423. CA GR CV 72371: ESTATE OF MARGARITA D. CABACUNGAN vs. MARILOU LAIGO, PEDRO ROY LAIGO, et al.
Plaintiff, Estate of Margarita Cabacungan, appeals from the Decision dated 2 July 2001 of the Regional Trial Court, First Judicial Region, Bauang, La Union, Branch 33, dismissing plaintiff's...
Promulgated on 2006-10-13

424. CA GR SP 93160: HARLAN M. SOLIDUM vs. GOV. PERPETUO B. YLAGAN, et al.
The function of mandamus is not to establish a right but to enforce one that has been established by law....
Promulgated on 2006-10-13

425. CA GR CR 24838: PEOPLE OF THE PHILIPPINES vs. MELCHOR MAALA, SR., et al.
On appeal before this Court is the Judgment dated 14 July 2000 of the Regional Trial Court, Fourth Judicial Region, Lucena City, Branch 53, in Criminal Case No. 96-744, the dispositive portion of which reads as follows:...
Promulgated on 2006-10-13

426. CA GR CV 61820: ANTHONY A. PAYNE vs NIMFA T. BOREJON
Under Article 148 of the Family Code, only the properties acquired by both of the parties through their actual joint contribution of money, property or industry shall be owned by them in common in proportion to their respective contributions....
Promulgated on 2006-10-13

427. CA GR SP 95469: MARIANO HIPOLITO vs. HON. RTC, BR. 57, SAN CARLOS CITY, PANGASINAN, ET AL.
Before the Court is a petition filed under Rule 47 of the 1997 Rules of Civil Procedure seeking to annul and set aside, on grounds of lack of jurisdiction and extrinsic fraud,...
Promulgated on 2006-10-13

428. CA GR SP 95909: GENEROSO B. ORTIZ vs. OFFICE OF THE OMBUDSMAN, et al.
Before Us is a Petition for Certiorari with Prayer for the Issuance of a Temporary Restraining Order and Preliminary Injunction...
Promulgated on 2006-10-13

429. CA GR SP 96065: FACETS MINERALS, INC. vs. NEWCREST EXPLORATION PHILIPPINES, INC.
A perusal of the Petition for Review and its annexes would showthat aside from the Decision of the Panel of Arbitrators of the DENR and Certificate of Corporate...
Promulgated on 2006-10-13

430. CA GR CV 85160: FACUNDA Y. PALMARIO vs. HERMAN SINGH
This is an appeal from the Judgment dated April 12, 2005 of the Regional Trial Court of Quezon City, Branch 93 in Civil Case No. Q-99-37942, the dispositive portion of which reads as follows:...
Promulgated on 2006-10-13

431. CA GR CV 84141: EUSEBIO BALLESTEROS vs. PHILIPPINE NATIONAL RAILWAYS, BALTAZARA SAMSON, et al.
This is an Appeal interposed by appellants Philippine National Railways (PNR), Baltazara Samson, Ernesto Ferrer, and John Doe from the Decision dated 5 November 2004...
Promulgated on 2006-10-13

432. CA GR SP 87148: EUGENIO R. REYES, et al. vs. LIBRADA F. MAURICIO, et al.
Petitioners seek reconsideration of Our Decision dated August 10, 2006 which denied the petition....
Promulgated on 2006-10-13

433. CA GR CV 64070: HEIRS OF GREGORIO RAFOL rep. by by DOLORES ZUELA vs. SOCORRO FABREO, and ROSARIO RAFOL
Laches means the failure or neglect for an unreasonable and unexplained length of time that which, by observance of due diligence, could or should have been done earlier....
Promulgated on 2006-10-13

434. CA GR SP 85996: WILMON REFRIGERATION INDUSTRIES CORPORATION/RAMON L.GO vs. DANILO V. CRUZ, et al.
"Novation can never be presumed, and the animus novandi must appear by express agreement of the parties, or by their acts that are too clear and unequivocal to be mistaken."...
Promulgated on 2006-10-13

435. CA GR SP 72473: LEONILA V. FERNANDEZ vs. EMPLOYEES COMPENSATION COMMISSION, et al.
This is a petition to review the decision of the Employees Compensation Commission (ECC) dated June 6, 2002 in ECC Case No. MS 12456-701 dismissing petitioner's claim for death benefit....
Promulgated on 2006-10-13

436. CA GR CV 86761: ASIATRUST DEVELOPMENT BANK vs. REYNALDO PATACSIL, ET AL.
For respondents-appellants' failure to file their brief within the reglementary period which expired on August 14, 2006, the appeal is hereby DISMISSED pursuant to Section 1 (e), Rule 50, Rules of Civil Procedure....
Promulgated on 2006-10-13

437. CA GR SP 96457: ADOLFO MEJARES vs. FAUSTO DADAP JR.
As filed, the present petition is infirmed with the following defects:...
Promulgated on 2006-10-13

438. CA GR CV 79366: JOSE R. DIMAYUGA vs. ARMANDO CARPIO SANCHEZ, RALPH G. RECTO ,
One who merely exercises one's rights does no actionable injury and cannot be held liable for damages. There is a material distinction between damages and injury....
Promulgated on 2006-10-13

439. CA GR SP 94578: MAYER STEEL PIPE CORPORATION vs. HONORABLE JUDGE MARIA, et al.
Assailed in this petition for certiorari, as tainted with grave abuse of discretion amounting to lack or excess of jurisdiction,...
Promulgated on 2006-10-13

440. CA GR SP 93985: VICENTE CO AQUILINO, et al. vs. HON. AMOR A. REYES, et al.
Before this Court is a petition for certiorari filed under Rule 65 of the 1997 Rules of Civil Procedure by Vicente Co Aquilino,...
Promulgated on 2006-10-13

441. CA GR SP 84789: SAMAHANG MANGGAGAWA SA COLGATE PALMOLIVENAFLU KMU, et al. vs. N L R C, et al.
Assailed in this petition for certiorari under Rule 65 of the 1997 Rules of Civil Procedure is the Resolution dated January 15, 2004 of public respondent National Labor Relations Commission (NLRC),...
Promulgated on 2006-10-12

442. CA GR SP 90874: ROTARY TEXTILE MILLS, INC. vs. JAZMINES AND COMPANY, INC.
This is a petition filed pursuant to Rule 42 of the Revised Rules of Civil Procedure, which seeks to reverse and set aside the Decision dated July 21, 2005...
Promulgated on 2006-10-12

443. CA GR SP 95833: HEIRS OF PEDRO DELA CRUZ vs. GABRIEL LIMJOCO
In a Resolution dated August 31, 2006, this court granted petitioners an extension of fifteen (15) days from August 25, 2006, or until September 9, 2006...
Promulgated on 2006-10-12

444. CA GR SP 93925: NORALYN VILLAMAR vs. THE REGIONAL TRIAL COURT, BRANCH 27, STA. CRUZ, LAGUNA et al.
Before this Court is a petition for annulment of judgment under Rule 47 of the 1997 Revised Rules of Civil Procedure,...
Promulgated on 2006-10-12

445. CA GR CV 85436: RONALDO PALMA and CORAZON M. PALMA vs. PHILAM PLANS, INC.
Finding no new matter of substance that would warrant the modification much less the reversal of the August 14, 2006...
Promulgated on 2006-10-12

446. CA GR SP 94937: AL KHALIDI INTERNATIONAL RECRUITMENT SERVICES, INC. vs. ACTING SECRETARY DANILO P. CRUZ et al.
For consideration is petitioner's Motion for Reconsideration of this Court's resolution dated July 4, 2006....
Promulgated on 2006-10-12

447. CA GR SP 89307: FIL-ESTATE PROPERTIES INC. vs. BENJAMIN C. AGUILAR
For consideration is petitioner's Motion for Reconsideration of this Court's decision dated July 11, 2006....
Promulgated on 2006-10-12

448. CA GR SP 95349: MARIA FARAH Z.G. NICOLAS-SUCHIANCO vs. PACIFIC PLANS, INC.
Forum shopping exists where the elements of litis pendentia are present, or where a final judgment in one case will amount to res judicata in the other....
Promulgated on 2006-10-12

449. CA GR CV 68055: HEIRS OF SEGUNDO PEREZ, et al. vs. MARIA SY, et al.
Before us is an appeal filed by the Heirs of Segundo Perez namely Emilio Perez, Augustina Perez, Modesto Perez, Isagani P. Dela Rosa, Irene Perez and Edwin P. dela Rosa...
Promulgated on 2006-10-12

450. CA GR SP 88785: METROPOLITAN BANK & TRUST CO. vs. HON. LEONCIA REAL-DIMAGIBA, et al.
At bar is a Petition for Certiorari filed by Metropolitan Bank & Trust Co. (petitioner) against Judge Leoncio Real-Dimagiba (public respondent) of the Regional Trial Court, Branch 194, Paranaque City,...
Promulgated on 2006-10-12

451. CA GR SP 96179: BALTAZAR S. MAGDADARO vs. NLRC (2nd Division), et al.
This pertains to the Petition for Certiorari under Rule 65 of the Rules of Court filed by the petitioner through counsel on 06 September 2006....
Promulgated on 2006-10-12

452. CA GR SP 96250: ANTHONY JUDE C. VIOLAGO vs. HON. CATHERINE P. MANODON, et al.
This pertains to the Petition for Certiorari with application for Temporary Restraining Order and Preliminary Injunction filed by the petitioner through counsel on 25 September 2006....
Promulgated on 2006-10-12

453. CA GR SP 92623: SECURITY BANK CORP. Subs by ASIA SPECIAL SITUATION MT1 LTD. vs. SILAHIS INTERNATIONAL HOTEL INC.
This is a petition for review under Rule 43 seeking to reverse and set aside the Decision dated December 1, 2005 of the Regional Trial Court of Manila, Branch 24 in Civil Case No. 04-111180...
Promulgated on 2006-10-12

454. CA GR CR 01154: PEOPLE OF THE PHILIPPINES vs. ERNESTO E. SAUL
This is an appeal from the July 11, 2002 Decision of the Regional Trial Court, Branch 79, Morong, Rizal, in Criminal Cases Nos. 3360-M & 3361- M,...
Promulgated on 2006-10-12

455. CA GR SP 96362: MAGSAYSAY MARITIME CORPORATION, et al. vs. NLRC, et al.
Before Us is a petition for certiorari filed under Rule 65 of the 1997 Rules of Civil Procedure assailing the Decision dated March 27, 2006 of the National Labor Relations Commission,...
Promulgated on 2006-10-12

456. CA GR SP 95607: HERNANE BARSANAS vs. PACIFICO YUDE, JR., et al.
This pertains to the motion for reconsideration filed by the petitioner through counsel on 20 September 2006, seeking for the reconsideration of the Resolution dated 25 August 2006,...
Promulgated on 2006-10-12

457. CA GR CV 84097: ROSITA SY LO and GREGORIO WONG vs. UNI MEGA TRUCKING CORP. and VALERIANO HERRERA
This is an appeal from the November 17, 2004 Decision of the Regional Trial Court, Branch 149, Makati City,...
Promulgated on 2006-10-12

458. CA GR SP 86056: DANILO M. CANDABA vs. HON. OFFICE OF THE PRESIDENT, et al.
Before us is a petition for review under Rule 43 of the 1997 Revised Rules of Civil Procedure assailing the June 22, 2004 Resolution of the Office of the President (OP),...
Promulgated on 2006-10-12

459. CA GR SP 67046: MERCEDES S. BELANDRES vs. SIENG LIN SEE, et al.
This is a Petition for Review filed by Mercedes S. Belandres...
Promulgated on 2006-10-12

460. CA GR SP 90031: EVADEL REALTY AND DEVELOPMENT CORPORATION vs. HEIRS OF THE LATE ANTERO AND VIRGINIA SORIANO, ET. AL
This treats of petitioner's motion for reconsideration dated November 22, 2005 of the Decision rendered by the then 10th Division of this Court promulgated on October 19, 2005....
Promulgated on 2006-10-12

461. CA GR SP 89693: PARAMOUNT HOLDINGS EQUITIES, INC. et al. vs. DEPARTMENT OF AGRARIAN REFORM
At the outset, the parties herein ought to be reminded that We are all in unity as to the nobility of the purpose of the Comprehensive Agrarian Reform Program of our government--as well as to the national importance and significance thereof....
Promulgated on 2006-10-12

462. CA GR CR 02333: PEOPLE OF THE PHILIPPINES vs. JESSIE GARBIDA y FOSTER
Before the Court is an appeal from the Decision, dated October 15, 2001 in Criminal Case No. 1211 of Branch 55 of the Regional Trial Court of Irosin, Sorsogon,...
Promulgated on 2006-10-12

463. CA GR CV 74642: FLORENDO P. ARROYO and FLOCERFINA P. ARROYO vs. SPOUSES NOEL and VILMA CUENCA
At bar is an appeal from the February 3, 2002 Decision of the Regional Trial Court, Branch 93, Quezon City, in Civil Case No. Q96- 28529, an action for annulment of deed of sale, reconveyance and damages,...
Promulgated on 2006-10-12

464. CA GR SP 95245: WON KWANG INTERNATIONAL TRADING CORPORATION vs. THE SECRETARY OF DOLE, MIRALUNA D. RAMOS, et al.
Assailed in this petition for certiorari under Rule 65 is the Order dated December 5, 2005 denying the motion for reconsideration treated as an appeal and motion of extension of time to post bond and declaring the Order dated February 10, 2005 of the R...
Promulgated on 2006-10-12

465. CA GR SP 88652: ROBINA D. FRANCIA vs. NATIONAL LABOR RELATIONS COMMISSION and EQUITABLE PCIBANK
Assailed in this petition for certiorari under Rule 65 of the 1997 Rules of Civil Procedure are the November 7, 2003 Decision and October 20, 2004 Resolution of public respondent National Labor Relations Commission (NLRC)...
Promulgated on 2006-10-12

466. CA GR CR 00807: PEOPLE OF THE PHILIPPINES vs. ALEJANDRO SORILA, et al.
These are two appeals separately interposed by Alejandro Sorila, Jr. and Jose Balausa, from the decision of the Regional Trial Court of Pasig City, Branch 163, rendered on August 4, 2004, finding them both guilty beyond reasonable doubt of the crime of...
Promulgated on 2006-10-12

467. CA GR SP 92018: GRACE MARINE & SHIPPING CORP. et al. vs. NLRC et al.
This pertains to the motion for reconsideration filed by the private respondent through counsel seeking for the reconsideration of the Decision dated 25 April 2006,...
Promulgated on 2006-10-12

468. CA GR SP 81091: PHILIPPINE PORTS AUTHORITY vs. HON. PATERNO V. TAC-AN, et al.
This treats of the Motion For Reconsideration (Rollo, pp. 661-680) dated 04 March 2006 filed by private respondents Heirs of Popula Llana (hereafter referred to as "MOVANTS")....
Promulgated on 2006-10-12

469. CA GR SP 89739: PROSPEROUS INTERNATIONAL EMPLOYMENT AGENCY COMPANY vs. HON. LUIS D. FLORES et al.
Will the failure of a complainant in a labor case to answer the question on anti-forum shopping as appearing in the complaint form of the NLRC constitute a valid ground for the dismissal of the complaint?...
Promulgated on 2006-10-11

470. CA GR CV 78825: HEIRS OF THE LATE OLIMPIO S. MUNSOD vs. GENOVEVA CASTILLO, et al.
Before Us is an appeal from the Decision dated 15 May 2003 of the Regional Trial Court, Branch 155, Pasig City in Civil Case No. 69148, entitled "Heirs of Olimpio S. Munsod, et al. vs. Genoveva Castillo, et al.",...
Promulgated on 2006-10-11

471. CA GR SP 94656: RJ EXPRESS, INC. vs. THE NATIONAL LABOR RELATIONS COMMISSION (THIRD DIVISION) et al.
Assailed in this Petition for Certiorari under Rule 65 of the 1997 Rules of Civil Procedure are:...
Promulgated on 2006-10-11

472. CA GR CV 74822: EDWARD N. LIM vs. MA. CHERYL STA. CRUZ-LIM
On Appeal before this Court is the March 25, 2002 Decision (Rollo, pp.9-17) of the Regional Trial Court (RTC), Branch 140, Makati City in Civil Case No. 99-1852...
Promulgated on 2006-10-11

473. CA GR CV 86276: JULIETA LALIDA BEROSA, ET AL. vs. HEIRS OF LEONARDO DELA CRUZ, ET AL., ROGELIO R. SANTOS, SR.
There being no Appellant's Brief filed by defendant-appellant as of July 7, 2006, per report by the Judicial Records Division, despite receipt...
Promulgated on 2006-10-11

474. CA GR CV 82102: RAYMUNDO C. MENDIOLA & ROSITA C. MENDIOLA vs. REPUBLIC OF THE PHILIPPINES
At bench is an appeal from the January 12, 2004 Decision rendered by the Metropolitan Trial Court of Taguig, Metro Manila, Branch 74, in L.R.C. Case No. 274 (L.R.A. Rec. No. N-74008),...
Promulgated on 2006-10-11

475. CA GR SP 79081: NOURRITURE SERVICES, INC. vs. HONORABLE EMILIO L. LEACHON, JR., et al.
Submitted for resolution is petitioner's Motion for Reconsideration of our Decision promulgated on July 5, 2006, which dismissed its Petition for Certiorari for being an improper remedy. As per JRD verification, no Comment was filed by the respondents....
Promulgated on 2006-10-11

476. CA GR CV 85176: FINVEST SECURITIES CO., INC. vs. ARMAND O. RAQUEL-SANTOS, et al.
Submitted for resolutions are the following: (1) defendants-appellants Armand O. Raquel-Santos and Annalissa Mallari's motion for reconsideration dated August 24, 2006;...
Promulgated on 2006-10-11

477. CA GR SP 67435: LYDIA MAR (MANILA) INC. vs. NLRC, et al.
A party is guilty of forum-shopping where he repetitively availed of several judicial remedies in different courts, simultaneously or successively, all substantially founded on the same transactions and the same essential facts and circumstances, and...
Promulgated on 2006-10-11

478. CA GR CR 29778: PEOPLE OF THE PHILIPINES vs. DENNIS DALLA BASIG and NOEL SOLIS BELTRAN
The "Manifestation" filed by counsel for accused-appellants in compliance with the Resolution dated April 25, 2006 is NOTED....
Promulgated on 2006-10-11

479. CA GR SP 96304: SPOUSES ANTONIO DE MESA and DAPHNE B. HUGHES vs. HON. ISAGANI A. GERONIMO, et al.
Before the Court is a petition for "Annulment of Judgment" assailing the Decision dated January 9, 2006 of Branch 262, Regional Trial Court, Pasig City in LRC Case No. R-6537,...
Promulgated on 2006-10-11

480. CA GR SP 89272: HEIRS OF PROTACIO TOLENTINO vs. LAND BANK OF THE PHILIPPINES et al.
This is a Petition for Review under Rule 42 of the 1997 Rules of Civil Procedure, which seeks to annul and set aside the Decision,dated February 14, 2005 of the Regional Trial Court, acting as a Special Agrarian Court (SAC)....
Promulgated on 2006-10-11

481. CA GR CV 85020: JOSE BULAONG, ET.AL. vs. SPS. ROMEO ABEL AND NORA SANDING, ET.AL.
Counsel for the appellants received our notice to file brief on 13 June 2006 which expired last 28 July 2006....
Promulgated on 2006-10-11

482. CA GR CR 02239: PEOPLE OF THE PHILIPPINES vs. LISTON ATIWEN
In her August 22, 2006 letter-compliance with this Court's August 11, 2006 Resolution requiring her to submit the notice of appeal filed by appellant or to comment thereon if none was filed,...
Promulgated on 2006-10-11

483. CA GR SP 95942: SPS. ROMEO J. CHUA AND FLORENDA M. CHUA vs. SPS. JOVITO SONGANO AND LYDIA SONGANO
Before Us is a petition for review of the decision dated September 26, 2005 rendered by the Regional Trial Court (RTC) of Palawan and Puerto Princesa, Branch 51,...
Promulgated on 2006-10-11

484. CA GR CV 72264: HELEN GONZALES vs. ELIZABETH G. CATALAN and TRIANGLE CREDIT, INC.
Before Us is an appeal from the decision dated July 18, 2001, which was rendered by the Regional Trial Court of Pasig City, Branch 164, in an action for specific performance and damages docketed as Civil Case No. 66621....
Promulgated on 2006-10-11

485. CA GR SP 94544: EASTERN ASSURANCE AND SURETY CORP. vs. JOE REY A. DELA PENA, MARLON TEJANO and ELMER G. MAXIMO
A careful perusal of the present petition shows that the following are not attached thereto:A written explanation why the service of the petition upon respondents was not done personally...
Promulgated on 2006-10-11

486. CA GR SP 94822: MAVERICK L. SUCGANG vs. NATIONAL LABOR RELATIONS COMMISSION, ET AL.
A petition for certiorari seeking to nullify the Resolution dated March 10, 2006 of the National Labor Relations Commission was filed by petitioner...
Promulgated on 2006-10-11

487. CA GR SP 94525: RODIVAL E. REYES vs. TRUMAN SOLANO, et al.
Respondents Truman Solano and Blesila T. Sanchez have filed a Motion to Dismiss the present petition on the grounds (i) that petitioner failed to comply with the requirements for filing an initiatory pleading,...
Promulgated on 2006-10-11

488. CA GR CV 64926: SERVANDO RAMOS vs. ROSARIO JIMENEZ, et al.
Submitted for resolution is petitioner-appellant's Motion for Reconsideration dated August 18, 2006 seeking to set aside our Decision dated August 2, 2006 which denied his appeal and thereby affirmed the decision of the Regional Trial Court of Malolos,...
Promulgated on 2006-10-11

489. CA GR SP 91059: THE COMMONWEALTH PUBLIC MARKET VENDORS et al. vs. HOME GUARANTY CORPORATION 3 A BOYS CORP. et al.
For resolution is petitioners' motion for reconsideration seeking reversal of Our June 8, 2006 Resolution dismissing the instant petition....
Promulgated on 2006-10-10

490. CA GR SP 96307: CLARITA P. GACAYAN vs. NLRC, et al.
Assailed in this petition for certiorari is the Resolution dated November 24, 2005 of the National Labor Relations Commission (NLRC),...
Promulgated on 2006-10-10

491. CA GR SP 95267: HAMAK TUNGO SA MASAGANANG KABUHAYAN vs. COMMISSION ON THE SETTLEMENT OF LAND PROBLEMS, et al.
At bar is petitioner's motion for reconsideration of this Court's August 30, 2006 Resolution dismissing the instant petition...
Promulgated on 2006-10-10

492. CA GR SP 90449: GALILEO P. LAXAMANA vs. PRO-MANAGERS, INC., and EAGLE PACIFIC, INC.,
This treats of the Motion for Reconsideration filed by the petitioner to our Decision dated July 31, 2006....
Promulgated on 2006-10-10

493. CA GR SP 87160: MANUELITO P. JUGUETA vs. ARTHUR J. LEDESMA, MANUEL ARNALDO, et al.
This is a petition for review under Rule 43 of the 1997 Rules of Civil Procedure of the Decision of the Office of the President, dated October 8, 2004...
Promulgated on 2006-10-10

494. CA GR CV 83182: ALFREDO ABEJERO vs. EDWARD LEONG and CAROLINA LEONG
This is an appeal from the Decision of the Regional Trial Court, Branch 20, First Judicial Region, in Vigan City, Ilocos Sur, dismissing appellant Alfredo Abejero's complaint for Breach of Contract against appellees Edward Leong and Carolina Leong as th...
Promulgated on 2006-10-10

495. CA GR CV 68569: MARIA MILAGROSA ANTONIO vs. PROGRESSIVE TRADE AND SERVICES ENTERPRISES, et al.
This is an Appeal from the Decision of the Regional Trial Court(RTC) of Manila, National Capital Judicial Region, Branch 35, Manila, in Civil Case No. 97-85178,...
Promulgated on 2006-10-10

496. CA GR SP 83054: MA. VENIZA R. VIRAY vs. HON. ERLINDA NICOLAS-ALVARO, et al.
This a Petition for Certiorari with Prayer for Temporary Restraining Order and Writ of Preliminary Injunction assailing the Order(s) of the Regional Trial Court of Las Pinas City,...
Promulgated on 2006-10-10

497. CA GR SP 93262: PARENTS ENABLING PARENTS COALITION, INC. vs. THE HON. ROMEO F. BARZA , et al.
While the constitutional right to due process has in time been defined according to specific factual contexts, such definitions converge on this: that a party in a case shall have his day in court - either to ascertain or defend his claim; after whic...
Promulgated on 2006-10-10

498. CA GR SP 94126: BENITO YAO CHUA, et al. vs. LEONARDO L. VILLALON, et al.
Before this Court is a Petition for Review seeking the reversal of the April 3, 2006 Judgment of the Regional Trial Court, Branch 158, Pasig City, dismissing the Complaint for Declaration of Absolute Nullity of Delinquency Sale Shares of Stocks with Da...
Promulgated on 2006-10-10

499. CA GR SP 89179: FAR EAST INTERNATIONAL MANPOWER SERVICES, INC. vs. DEPARTMENT OF LABOR AND EMPLOYMENT, et al.
Before Us is a Petition for Certiorari which seeks to set aside the Order dated June 21, 2004 of the Public Respondent, Department of Labor and Employment (DOLE),...
Promulgated on 2006-10-10

500. CA GR SP 92924: ISLAND OVERSEAS TRANSPORT CORP., et al. vs. VOLUNTARY ARBITRATOR CAPT. RODOLFO A. ASPILLAGA et al.
Finding no new matter of substance that would warrant the modification much less the reversal of theAugust 14, 2006 Decision...
Promulgated on 2006-10-10

501. CA GR SP 88017: EDSA PROPERTY HOLDINGS, INC. vs. EDSA PROPERTIES, INC.
Before the Court is a Petition for Review under Rule 43 of the Rules of Court which seeks to annul and set aside the Decision dated November 2, 2004...
Promulgated on 2006-10-10

502. CA GR CV 85667: DO-ALL METALS INDUSTRIES, INC., et al. vs.SECURITY BANK CORPORATION, et al.
This is an appeal assailing the Decision of the Regional Trial Court, Branch 167, Pasig City, rendered in favor of Do-All Metal Industries, Inc....
Promulgated on 2006-10-10

503. CA GR SP 88773: CO-GREEN TRADING CORPORATION, et al. vs. HON. MANUEL G. IMSON, et al.
This is a petition for certiorari seeking the nullification and reversal of the Orders dated June 21, 2004 and December 13, 2004 issued by respondent Acting secretary of Labor,...
Promulgated on 2006-10-10

504. CA GR CV 77982: ORLAND O. PLAN vs. CRYSTALLINE INTERNATIONAL MANPOWER SERVICES, INC., et al.
This is an Appeal from the Order of the Regional Trial Court(RTC), San Fernando City, Pampanga, Third Judicial Region, Branch 42, dated November 27, 2002,...
Promulgated on 2006-10-10

505. CA GR CV 76235: SUSANA E. GENAVIA vs. JOSEPH E. CHING, et al.
This is an Appeal from the Decision, dated August 9, 2002, of Br. 130, Regional Trial Court(RTC) of Caloocan City, dismissing the Complaint for annulment of marriage filed by Susana E. Genavia(Susana, for brevity) against her spouse, Joseph T. Ching(Josep...
Promulgated on 2006-10-10

506. CA GR CV 82708: HEIRS OF GERONIMA TAGUINOD, et al. vs. ELIZABETH LAPPAY &SPS. MOISES COLLADO & AMPARO DAQUIAL
Before the Court is an appeal from the Order dated February 9, 2004 issued by the Regional Trial Court (RTC) of Tuguegarao, Cagayan, Branch 03, in Civil Case No. 6039...
Promulgated on 2006-10-10

507. CA GR SP 91947: MILIANA R. ARANTE vs. N L R C, LEONIS NAVIGATION, INC., et al.
Before the Court is a Petition for Certiorari under Rule 65 of the Rules of Court which seeks to annul and set aside the Order of the National Labor Relations Commission (NLRC) dated June 17, 2004...
Promulgated on 2006-10-10

508. CA GR SP 95973: CATHAY BUILDERS CENTER, INCORPORATED vs. BELVEDERE PROPERTIES CORP.
A perusal of the instant Petition for Review reveals that it suffers from the following defects:...
Promulgated on 2006-10-10

509. CA GR SP 96082: KILUSANG MANGAGAWA NG FISHWEALTH CANNING CORP. - PKMP-17, et al. vs. NLRC, et al.
The Petition for Certiorari is denied due course on the following grounds:...
Promulgated on 2006-10-10

510. CA GR SP 91734: FLORDELIZA LAYUG vs.HON. ZENAIDA T. GALAPATE-LAGUILLES and MILAGROS OLARTE
Before the Court is a petition for certiorari under Rule 65 of the Rules of Court which seeks to annul and set aside the Order dated June 17, 2005...
Promulgated on 2006-10-10

511. CA GR SP 92535: SPOUSES RICHIE TOREDA, ET. AL. vs. THE HONORABLE FRANCISCO A. QUERUBIN, ET. AL.
This treats of the Motion for Reconsideration filed by the petitioners of our Decision, dated June 30, 2006....
Promulgated on 2006-10-10

512. CA GR CV 86495: PEDRO GARDE, et al. vs. THE REGISTER OF DEEDS OF TAYUG, PANGASINAN
On May 30, 2006, Our Special Thirteenth Division granted the Office of the Solicitor General's motion for a 90-day extension to file brief with warning that no further extension shall be entertained....
Promulgated on 2006-10-10

513. CA GR CV 82128: SPOUSES NICANOR & ALELI CHAYLEE vs. PATRICK ROMMEL AGRAMON
On appeal by defendant-appellant is the Decision of the Regional Trial Court of San Pablo City, Laguna...
Promulgated on 2006-10-10

514. CA GR SP 93428: EXEQUIEL B. GARCIA and ANA VIVIAN G. DARIO vs. THE HONORABLE LEAH S. DOMINGO-REGALA, et al.
Before us is a petition for certiorari filed by petitioners Exequiel B. Garcia and Ana Vivian G. Dario, under Rule 65 of the 1997 Rules of Civil Procedure,...
Promulgated on 2006-10-10

515. CA GR CR 29088: PEOPLE OF THE PHILIPPINES vs. ALFREDO BAUN
It appearing from the accused-appellant's Motion for Reconsideration dated July 18, 2006 that the arguments therein are but a rehash,...
Promulgated on 2006-10-10

516. CA GR CV 62492: EUFEMIA ALMEDA and PONCIANO ALMEDA, et al. vs. RICARDO C. SILVERIO
It is a cardinal rule in contract interpretation that the ascertainment of the intention of the contracting parties is to be discharged...
Promulgated on 2006-10-10

517. CA GR CV 69629: PHILIPPINE COCONUT AUTHORITY vs. SOIL OIL, INC.
We have carefully reviewed Our May 12, 2006 Decision and the reasons therefor and We are more convinced of its correctness....
Promulgated on 2006-10-10

518. CA GR CR 29224: PEOPLE OF THE PHILIPPINES vs. EDDIE DELABANA y PLOMANTES
For resolution is accused-appellant's motion for reconsideration of this Court's decision of May 23, 2006 which affirmed his conviction of the crime of homicide....
Promulgated on 2006-10-10

519. CA GR SP UDK 5607: ILUMINADA A. GUZMAN vs. HON. ADOLFO G. FAJARDO, CATALINA GITANA, ET. AL.
The instant petition for certiorari is DISMISSED outright on the following grounds:...
Promulgated on 2006-10-10

520. CA GR CR 28837: GREGORIO GABRIEL vs. PEOPLE OF THE PHILIPPINES
Before us is a Motion for Reconsideration of our June 21, 2006 Decision acquitting petitioner of the crime charged for violation of B.P. Blg. 22....
Promulgated on 2006-10-10

521. CA GR SP 94669: ACOMARIT PHILS., INC., CAPT. AMADOR P. SERVILLON, et al. vs. NATIONAL LABOR RELATIONS COMMISSION
Finding the allegations in the parties' duly executed "JOINT MANIFESTATION/MOTION"...
Promulgated on 2006-10-10

522. CA GR SP 72564: SAN MIGUEL FOODS, INC. vs. DEPARTMENT OF AGRARIAN REFORM and ISAGANI M..RAMOS, et al.
Filed before this Court is a Petition for Review under Rule 43 of the revised Rules of Civil Procedure seeking to reverse, annul and set-aside the following:...
Promulgated on 2006-10-10

523. CA GR CV 85323: MARIANO DYKHENG, JR., ET AL. vs. REPUBLIC OF THE PHILIPPINES
This is an appeal from the Amended Decision rendered by the Municipal Trial Court in Cities, Fourth Judicial Region of San Pablo City, dated July 11, 2005 in LRC Case No. 0022, the dispositive portion of which reads:...
Promulgated on 2006-10-09

524. CA GR SP UDK 5602: CAMELO DELOS REYES vs. CAMILING RURAL BANK
For consideration is a Petition for Review of the decision dated April 7, 2006 of the RTC, Branch 68, Camiling, Tarlac and its Resolution dated June 20, 2006 filed on September 21, 2006....
Promulgated on 2006-10-09

525. CA GR SP 91752: ACE NAVIGATION COMPANY, INC. et al. vs. ASSOCIATED MARINE OFFICERS & SEAMEN'S UNION OF THE PHIL
For finding no new matter of substance that could warrant the reversal or modification of this Court's Decision dated August 7, 2006,...
Promulgated on 2006-10-09

526. CA GR SP 77827: TAMAYO'S CATERING SERVICES AND RESTAURANT, INC. vs. DOLE HON, SEC. PATRICIA STO. TOMAS, et al.
Before us is petitioner's motion for reconsideration of our Decision dated March 8, 2006 dismissing the petition for certiorari for lack of merit and affirming the Resolution dated April 22, 2003 of the Secretary of Labor and Employment,...
Promulgated on 2006-10-09

527. CA GR SP 88323: ROBERTA ARMAMENTO vs. LILY MORENO
After a careful perusal of the Motion for Reconsideration (Rollo, pp. 158-165) filed by petitioner of the Decision of this Court dated July 20, 2006 (Rollo, pp. 145-154), as well as the Comment (Rollo, pp. 170-175) filed by respondent,...
Promulgated on 2006-10-09

528. CA GR CV 85544: SPS. GUILLERMO DE VENECIA and IRMA SICAM, et al. vs. GUALBERTO ORPILLA
Before this Court is an appeal from the decision dated January 14, 2005 of the Regional Trial Court, First Judicial Region, Branch 47, Urdaneta City, Pangasinan in Civil Case No. U-6023...
Promulgated on 2006-10-09

529. CA GR CV 86568: EDUVIGIS CRUZ Vda. DE SAPLALA vs. LUISA G. CRUZ
On May 9, 2006, Atty. Renerio S. Payumo, counsel for plaintiff-appellant, received from this Court a notice to file brief dated April 23, 2006....
Promulgated on 2006-10-09

530. CA GR SP 89121: JAIME T. GAISANO & JOY SCHERAZADE HIDALGO vs. HON. DIONISIO C. SISON, et al.
In a Petition for Certiorari under Rule 65 of the 1997 Rules of Civil Procedure...
Promulgated on 2006-10-09

531. CA GR CV 78213: MANUEL ADELA vs. FARAH BELGICA-ADELA, et al.
This is an appeal filed by oppositor-appellant Republic of the Philippines, through the Office of the Solicitor General (OSG) seeking the reversal of the January 31, 2003...
Promulgated on 2006-10-09

532. CA GR SP 94979: RICARDO BOBADILLA vs. AIDA SALES, et al.
Under Section 1, Rule 43 of the 1997 Rules of Civil Procedure, the Court may grant an additional period of fifteen (15) days only within which to file the petition for review....
Promulgated on 2006-10-09

533. CA GR SP 76318: FIRST NATIONWIDE ASSURANCE CORPORATION vs. COMMISSIONER OF INTERNAL REVENUE
The First Nationwide Assurance Corporation (or First Assurance for brevity) filed this petition for review seeking to annul and set aside the decision of the Court of Tax Appeals (or CTA) dated October 3, 2002...
Promulgated on 2006-10-09

534. CA GR SP 78315: SOLEDAD CRIBE y OCO vs. HON. JOSE G. DY
The right to privacy of home and person explicitly ordains that people have the right to be secure in their persons, houses, papers and effects against the unreasonable searches and seizures of whatever nature and purpose....
Promulgated on 2006-10-09

535. CA GR SP 76259: TAKENAKA CORPORATION (Phil. Branch) vs. HON. THELMA PONFERRADA, et al.
The petitioner Takenaka Corporation, Philippine Branch (or Takenaka for brevity) seeks the nullification of the twin orders dated August 28, 2002 and January 16, 2003...
Promulgated on 2006-10-09

536. CA GR SP 92628: VILLA ESPERANZA DEVELOPMENT, INC., vs. THE HON. JUDGE CESAR A. MANGROBANG, et al.
Before this Court is a Petition for Annulment of Decision dated February 11, l998 of the Regional Trial Court (RTC) of Imus, Cavite, Branch 22, in Civil Case No. 828-93,...
Promulgated on 2006-10-09

537. CA GR CV 84194: RENATO BAUTISTA ALMEDA vs. PURITA BAUTISTA GONZALES
On appeal by both parties is the Judgment dated October 15, 2004 of the Regional Trial Court ("RTC") of Baguio City in an action for Specific Performance...
Promulgated on 2006-10-09

538. CA GR SP 95891: VIRGINIA MAPALO-AGLUBAT, et al. vs. HON. TITA RODRIGUEZ VILLARIN, et al.
Before this Court is a Petition for annulment of decision dated October 2, 2003 of the Regional Trial Court (RTC) of Urdaneta City, Pangasinan, Branch 46,...
Promulgated on 2006-10-09

539. CA GR SP 95301: CYBERLINK WORLDWIDE NETWORK, INC., et al. vs. STRADCOM CORP., D O T C., et al.
Acting on petitioners' "Manifestation With Notice Of Dismissal Of Petition" with attached Verifications of the respective officers authorized to represent the four (4) petitioners,...
Promulgated on 2006-10-09

540. CA GR CV 78057: SPS. EMILIANO T. ALONZO AND IMELDA CAERLANG vs. REPUBLIC OF THE PHILIPPINES
On September 19, 2002, the Regional Trial Court of Imus, Cavite, Branch 20, rendered a Decision (Records, pp. 89-92) confirming the title of applicants-appellees,...
Promulgated on 2006-10-06

541. CA GR SP 92949: ROBERTA ESTIMO vs. Hon. EDWIN B. RAMIZO, et al.
Roberta Estimo (hereafter Estimo for brevity) has placed a tall order. She wants Us to upend the consistent rulings of the Metropolitan Trial Court of Caloocan City (or MeTC) and the Regional Trial Court of Caloocan City (or RTC) against her demurrer t...
Promulgated on 2006-10-06

542. CA GR SP 92100: PHIL-ASIA CARE PLANS, INC., et al. vs. NATIONAL LABOR RELATIONS COMMISSION & NATALIA R. ESTRELLA
This is a Petition for Certiorari filed under Rule 65 of the revised Rules of Civil Procedure, seeking to annul and set-aside the Resolution, dated June 7, 2005,...
Promulgated on 2006-10-06

543. CA GR CV 74435: SPS. RICARDO J.and GILDA G. VILLABONA, et al. vs. LEVI P. SAYO, ATTY. ELIAS ESTRELLA, et al.
This is an appeal from the Decision, dated January 28, 2002, of the Regional Trial Court (Branch 25, Cabanatuan City), docketed as Civil Case No. 3276-AF,...
Promulgated on 2006-10-06

544. CA GR CR 28752: MARY ULANDAY "alias" ROSITA B. ULANDAY vs. PEOPLE OF THE PHILIPPINES
Subject of this petition for review under Rule 42 of the 1997 Rules of Civil Procedure is the August 16, 2004 Decision of the Regional Trial Court (RTC) of Dagupan City, Branch 44 in Criminal Case Nos. 2004-0156-D to 2004-0164,...
Promulgated on 2006-10-06

545. CA GR CR 01295: PEOPLE OF THE PHILIPPINES vs. OLIGARIO BALONZO
This Decision resolves herein accused-appellant Oligario Balonzo's appeal from the judgment of the Regional Trial Court, Branch 61 of Gumaca, Quezon in Criminal Case No. 7730-G for rape....
Promulgated on 2006-10-06

546. CA GR SP 90583: ROBERTO R. BENZON, et al. vs. HONORABLE VEDASTO B.MARCO, et al.
Respondents seek reconsideration of Our Decision dated January 12, 2006 which granted the petition and annulled and set aside for lack of jurisdiction the Orders dated February 17, 2005 and May 18, 2005 of the Regional Trial Court of Romblon, Branch 81...
Promulgated on 2006-10-06

547. CA GR SP 96041: PEREGRINA RAGUIN DANO, ET AL. vs. THE MUN. OF SAN VICENTE, PROV. OF PALAWAN, et al.
A perusal of the Petition for Certiorari and Prohibition would show that the Verification and Certification of Non-Forum Shopping...
Promulgated on 2006-10-06

548. CA GR CR 02408: PEOPLE OF THE PHILIPPINES vs. JOSE TIADA y NUNEZ
On automatic review is the Decision dated October 29, 2001 and promulgated on November 7, 2001, of the Regional Trial Court of Lipa City, Branch 12, in Criminal Case Nos. 0164-2000, 0165-2000, 0166- 2000 & 0167-2000 convicting accused-appellant of the...
Promulgated on 2006-10-06

549. CA GR SP 95953: G & M (PHIL.), INC. vs. DOLE, POEA, and ROBERTO T. TUBIO
Aside from the assailed Orders, dated May 3, 2006 and June 29, 2006, of the Department of Labor and Employment (DOLE), a Motion for Reconsideration,...
Promulgated on 2006-10-06

550. CA GR SP 70312: SPS. EDUARDO C. SUAREZ andCARMELITA C. SUAREZ vs. BLANCA Y. LENON, et al.
It is a hornbook doctrine that a writ of preliminary injunction will not issue if the act sought to be enjoined is a fait accomplie....
Promulgated on 2006-10-06

551. CA GR CV 76706: PETER ALVAREZ, ET. AL. vs. PHILIPPINE NATIONAL CONSTRUCTION CORP., ET. AL.
In yet another case involving the imposition and collection of toll fees, the Decision of the Regional Trial Court of Muntinlupa City, Branch 276 is assailed through the present appeal for having dismissed appellants' Class Suit for Damages on the ground...
Promulgated on 2006-10-06

552. CA GR SP 93017: PETRON CORPORATION vs. REGIONAL TRIAL COURT OF BALANGA CITY, et al.
Before us is a petition for certiorari under Rule 65 of the 1997 Rules of Civil Procedure, which seeks to annul and set aside the Orders dated November 2, 2005 and December 14, 2005 of the Regional Trial Court, Branch 4 of Balanga, Bataan in Special Ci...
Promulgated on 2006-10-06

553. CA GR CR 30155: PEOPLE OF THE PHILIPPINES vs. HERMINIA NUNEZ
It appearing from the record that the accused Herminia Nunez who was convicted in Criminal Case No. 511-M-00 of the crime of estafa thru falsification of public document and...
Promulgated on 2006-10-06

554. CA GR SP 85830: EDUARDO L. RAYO vs. METROPOLITAN BANK AND TRUST COMPANY, et al.
This is a petition for certiorari and mandamus under the 1997 Rules of Civil Procedure seeking to set aside the order dated January 16, 2004 of Branch 100 of the Regional Trial Court of Quezon City in LRC Case No. Q03-16961,...
Promulgated on 2006-10-06

555. CA GR SP 95086: SPOUSES JAIME AND MARLENE BASIER vs. HON. ROBERT O. RUDIO, et al.
This is a petition for certiorari under Rule 65 seeking to annul and set aside the Resolution dated February 14, 2006 dismissing the petition for annulment of judgment,...
Promulgated on 2006-10-06

556. CA GR SP 87450: HOLIDAY MARKETING, INC. and R & B ICE PLANT, INC. vs. N L R C and FREDDIE P. TAWAG
Before us is a petition for certiorari and prohibition seeking to set aside the Resolutions of the National Labor Relations Commission (NLRC) dated June 28, 2004 and September 15, 2004...
Promulgated on 2006-10-06

557. CA GR SP 93993: WALLEM MARITIME SERVICES INC., et al. vs. N L R C. HON. LABOR ARBITER JOEL LUSTRIA, et al.
Before us is a petition for certiorari seeking the nullity of the Resolution dated October 28, 2005 of the National Labor Relations Commission (NLRC), which affirmed the Decision of Labor Arbiter Joel L. Lustria finding private respondent entitled to d...
Promulgated on 2006-10-06

558. CA GR SP 91198: EL TIGRE SECURITY & INVESTIGATION AGENCY vs. N L R C 1st Div. and NELSON GOLINGAN
Before us is a petition for certiorari, with prayer for the issuance of a temporary restraining order and/or writ of preliminary injunction, seeking to annul and set aside the Resolution dated April 20, 2005...
Promulgated on 2006-10-06

559. CA GR SP 91592: ADERITO Z. YUJUICO, et al. vs. HON. AURELIO R. RALAR, JR., et al.
This is a petition for certiorari under Rule 65 of the 1997 Rules of Civil Procedure seeking the nullification of the Order dated 20 July 2005...
Promulgated on 2006-10-06

560. CA GR SP 95520: APOLLO ESGUERRA vs. HON. ANTONIO M. EUGENIO, et al.
This is a petition for certiorari under Rule 65 seeking to annul and set aside the Order dated April 18, 2006 granting private respondents' motion for issuance of alias writ of execution,...
Promulgated on 2006-10-06

561. CA GR SP 82733: UNITED BOCAUE VENDORS ASSISTANCE AND DEVELOPMENT COOPERATIVE vs. HON. CAESAR A. CASANOVA et al.
This is a Petition for Certiorari under Rule 65 of the Rules of Court, with prayer for the issuance of a Temporary Restraining Order (TRO) and/or Writ of Preliminary Injunction,...
Promulgated on 2006-10-06

562. CA GR SP 87934: MARIO PERALTA and ROSARIO PERALTA vs. ELIZABETH TIBULAN and RODOLFO TAN
On 10 March 2006, this Court issued a Decision denying the Petition for Review....
Promulgated on 2006-10-06

563. CA GR SP 94927: VITARICH CORPORATION vs. HON. VICTORIA VILLALON PORNILLOS , et al.
This is a petition for certiorari under Rule 65 seeking to annul and set aside the Orders dated May 18, 2006, May 23, 2006 and July 18, 2006 granting private respondent's application for a writ of preliminary attachment,...
Promulgated on 2006-10-06

564. CA GR SP 96087: VASRA HOMEOWNERS ASSO., INC. vs. THE CITY GOVERNMENT OF QUEZON CITY, ET. AL.
Considering that the Verification and Certification of Non-Forum Shopping is signed by Pedro E. Gimenez, Jr.,...
Promulgated on 2006-10-06

565. CA GR CR 29532: PEOPLE OF THE PHILIPPINES vs. ERICK ALCANTARA y AGLORO
This is an appeal from the Decision dated June 29, 2005 of the Regional Trial Court of Quezon City, Branch 103 in Criminal Case No. Q-03-115934, convicting the accused-appellant of the crime of violation of Section 11 of Republic Act No. 9165, as amend...
Promulgated on 2006-10-06

566. CA GR CV 82025: BENITO C. SE vs. CIELITO DELOS REYES
This is an appeal from the Decision dated September 2, 2003 rendered by the Regional Trial Court of Quezon City, Branch 223, in Civil Case No. Q-99-37718,...
Promulgated on 2006-10-05

567. CA GR CV 55947: JAMES SEPULCHRE vs. SPOUSES PLACIDO and NATIVIDAD PALITAYAN
Negotiable instruments, such as checks, are governed by Commonwealth Act 2031, the Negotiable Instruments Law, which provides that persons who write their names on the face of promissory notes are makers and are liable as such....
Promulgated on 2006-10-05

568. CA GR CR 01739: PEOPLE OF THE PHILIPPINES vs. ROGER SEMACIO, et al.
Accused-appellants Roger Semacio and Renato Martin a.k.a. "Boyoyoy Martin" (or "appellants") appeal from the 05 November 2002 Decision of Branch 27, Regional Trial Court of Cabanatuan City (or "RTC") in Criminal Case No. 8668-AF,...
Promulgated on 2006-10-05

569. CA GR SP 88935: ROMEO CARRIEDO vs. DEPARTMENT OF AGRARIAN REFORM, Quezon City and PABLO MENDOZA
It has been declared that the duty of the court to protect the weak and the underprivileged should not be carried out to such an extent as to deny justice to the landowner whenever truth and justice happen to be on his side....
Promulgated on 2006-10-05

570. CA GR SP 89971: QUICKSTEP APPAREL CORP. and/or DAVID SHU vs. NLRC-2nd Division et al.
This is a petition for certiorari under Rule 65 of the Rules of Court assailing the December 29, 2004 Resolution of the public respondent National Labor Relations Commission (NLRC);...
Promulgated on 2006-10-05

571. CA GR SP 91309: MONTANA INTERNATIONAL TRADING CORPORATION et al. vs. ESTATE OF REYNALDO ENTENA
Before Us for a resolution is a Petition for Review (pages 6-38 of the Rollo) on the Decision of the Department of Agrarian Reform Adjudication Board--Central Office, Elliptical Road, Diliman, Quezon City (DARAB-Central for brevity), promulgated on Dec...
Promulgated on 2006-10-05

572. CA GR CR 00754: PEOPLE OF THE PHILIPPINES vs. RECTO SUBION
Accused-appellant Recto Subion y Magno (or "appellant") appeals from the decision dated January 30, 2002 of the Regional Trial Court of Virac, Catanduanes, Branch 42, in Criminal Case No. 2190,...
Promulgated on 2006-10-05

573. CA GR CV 82361: TELECHOICE PHILIPPINES, INC. vs. CITY GOVERNMENT OF MAKATI et al.
It has been repeatedly observed, and not without merit, that "the enforcement of tax laws and the collection of taxes, is of paramount importance for the sustenance of government....
Promulgated on 2006-10-05

574. CA GR CV 66488: PETRA TEODORO, et al. vs. TEODORO S. TEODORO, et al.
Assailed in this appeal is the Decision of the Regional Trial Court of Malolos, Bulacan, Branch 10, in Civil No. 13-M-95, an action for revival of judgment....
Promulgated on 2006-10-05

575. CA GR CV 70160: BENJAMIN BARANGAY, et al. vs. ANGEL HERNANDO, et al.
As in almost every land dispute that had been elevated to Us, its root could be traced to the intense scuffle for ownership between two parties who each adduced conflicting evidence to prove their claim. So it was in this case,...
Promulgated on 2006-10-05

576. CA GR SP 69622: COMMISSIONER OF INTERNAL REVENUE vs. FMF DEVELOPMENT CORP.
Elevated for review are the decision dated November 16, 2001 of the Court of Tax Appeals (CTA), ordering the refund of P416,063.20 to respondent FMF Development Corporation...
Promulgated on 2006-10-05

577. CA GR SP 91693: ELIAS LABERINTO et al. vs. HON. REGIONAL TRIAL COURT, Branch 273, Marikina City, et al.
This is a petition for review filed by petitioners-spouses Elias and Guillermina Laberinto, under Rule 42 of the 1997 Rules of Civil Procedure,...
Promulgated on 2006-10-05

578. CA GR SP 92761: ALEJANDRO MORADA vs. THE NATIONAL LABOR RELATIONS COMMISSION, et al.
Before us is a special civil action for certiorari under Rule 65 of the 1997 Rules of Civil Procedure assailing the issuances rendered by public respondent National Labor Relations Commission in NLRC Case No. 00-06-06859-03 (CA No. 040301-04) which is...
Promulgated on 2006-10-05

579. CA GR CV 78600: REBECCA CASES vs. PHILIPPINE NATIONAL BANK, and JERIMIAS CASES
While it is true that a private individual, who is a mortgagee, can rely on what appears on the certificate of title presented by the mortgagor,...
Promulgated on 2006-10-05

580. CA GR CV 54064: DOMINGO VIGO and MERLE DE FRANCIA vs. MELITONA B. VDA. DE JESUS, et al.
On appeal is the decision rendered on July 26, 1995 in these 2 civil actions involving a parcel of land known as Lot No. 829 situated along Rizal Street,...
Promulgated on 2006-10-05

581. CA GR CV 78701: LA TONDENA DISTILLERS, INC. vs. ABRAHAM "BABY GONZALO" CABOCHAN
As a rule, one who pleads payment has the burden of proving it and a receipt of payment is the best evidence of the fact of payment....
Promulgated on 2006-10-05

582. CA GR CV 75855: PCI LEASING AND FINANCE INCORPORATED vs. TROJAN METAL INDUSTRIES INCORPORATED, et al.
Legal Principles in this Case: A true financial leasing is different from an ordinary loan with mortgage in the guise of a lease. A true financial lease contemplates the extension of credit to assist a buyer in acquiring movable property which he can...
Promulgated on 2006-10-05

583. CA GR CR 00841: PEOPLE OF THE PHILIPPINES vs.MANOLO SANTOS y DE LEON
Manolo Santos Y De Leon was indicted in the Regional Trial Court (RTC), Branch 272 of Marikina City under two separate informations in Criminal Cases Nos. 02-2372-D-MK and 02-2373-DMK for violation of Republic Act No. 9165 (R.A. 9165) otherwise known ...
Promulgated on 2006-10-05

584. CA GR SP 94446: BANCO DE ORO UNIVERSAL BANK vs. HON. SAMUEL H. GAERLAN, et al.
Before this Court is a Petition for Certiorari under Rule 65 of the 1997 Revised Rules of Court seeking to reverse and set aside the Orders...
Promulgated on 2006-10-05

585. CA GR CV 55782: SPS. ANTONIO AVENA and AGRIPINA EISMA AVENA. et al. vs. PONCIANO GARCIA, FEDERICO PARO
Legal Principle sin this Case: Jurisprudence holds that a co-owner is entitled to sell his undivided share; that a sale of the entire property by one co-owner without the consent of the other co-owners is not null and void because under Article 493 of...
Promulgated on 2006-10-05

586. CA GR CV 68985: FELICISIMA B. QUIZON, et al. vs. LEONARDO DAPOG and CRESENCIO DAGOS
A decision issued by a court is final and executory when such decision disposes of the subject matter in its entirety or terminates a particular proceeding or action,...
Promulgated on 2006-10-05

587. CA GR CV 78789: LEOPOLDO AGUINALDO vs. FARMERS SAVINGS AND LOAN BANK INC.. et al.
Under the Rules of Court, every action must be prosecuted or defended in the name of the real party in interest. A real party in interest is one who stands to be benefited or injured by the judgment in the suit...
Promulgated on 2006-10-05

588. CA GR SP 88852: ANGELO C. GUERRERO VS. REGIONAL TRIAL COURT OF MAKATI, (BRANCH 56), ET AL.
Before Us is a Petition for Certiorari filed under Rule 65 of the 1997 Revised Rules of Civil Procedure which seeks to nullify the twin Orders, dated September 14, 2004 and December 8, 2004,...
Promulgated on 2006-10-04

589. CA GR SP 88195: ZAMBALES II ELECTRIC COOPERATIVE, INC., et al. vs. NATIONAL ELECTRIFICATION ADMINISTRATION (NEA), et
These are petitions for review, certiorari and prohibition under Rule 43 and 65, respectively, of the 1997 Rules of Civil Procedure, as amended,...
Promulgated on 2006-10-04

590. CA GR SP 95270: MELINDA FLORES vs. HON. RUBEN C. AYSON, et al.
In this petition for certiorari filed under Rule 65 of the Rules of Civil Procedure, petitioner seeks to nullify the twin Orders, dated May 31, 2006 and June 23, 2006, of the Regional Trial Court of Baguio City, Branch 6, in Civil Case No. 6260-R....
Promulgated on 2006-10-04

591. CA GR CV 70187: METROPOLITAN BANK AND TRUST COMPANY vs. SPOUSES LUISITO AND GLORIA TAN.
This is an appeal from the Resolution, dated February 13, 2001, of the Regional Trial Court, Valenzuela City (Branch 171), issued in AD Case No. 31-V-00...
Promulgated on 2006-10-04

592. CA GR SP 73243: MILESTONE FARMS, INC. vs. OFFICE OF THE PRESIDENT
On April 29, 2005, this Court rendered a Decision in this case, the dispositive portion of which reads:...
Promulgated on 2006-10-04

593. CA GR CR 01547: PEOPLE OF THE PHILIPPINES vs. FERMIN ASILUM y LABNOTIN
This is an appeal from the August 1, 2000 Decision of the Regional Trial Court, Branch 46, Masbate, Masbate, in Criminal Case No. 7427,...
Promulgated on 2006-10-04

594. CA GR SP 93162: REYNALDO R. CARASIG vs. DR. NORA M. UY
This is an appeal from the Decision, dated December 6, 2004, of the Regional Trial Court, Paranaque City [Branch 194], rendered in Sp. Proc. Case No. 04-0118...
Promulgated on 2006-10-04

595. CA GR CR 27876: PEOPLE OF THE PHILIPPINES vs. RUSTICO ESPINOCILLA y BOLSO
Before Us on appeal is the Decision of the Regional Trial Court, Branch 131, Caloocan City, dated July 30, 2003, in Criminal Case No. C-62739,...
Promulgated on 2006-10-04

596. CA GR CV 71517: SPOUSES GUILLERMO D. SISON and LILIA NASOL-SISON vs. ARNEDO PACHECO, et al.
This is an appeal from the May 9, 2001 Decision of the Regional Trial Court, Branch 5, Legaspi City, declaring the plaintiffs, spouses Guillermo and Lilia Nasol-Sison, as the lawful owners of the subject property;...
Promulgated on 2006-10-04

597. CA GR SP 92641: JESSICA M. LOQUIAS vs. NLRC, et al.
Before us is a petition for certiorari under Rule 65 of the 1997 Rules of Civil Procedure,...
Promulgated on 2006-10-04

598. CA GR CR 29845: PEOPLE OF THE PHILIPPINES vs. JOSE NAVARRO @ DIMOS
In a Resolution dated 31 July 2006, this Court required the Office of the Solicitor General (OSG) to file Comment and the Bureau of Corrections...
Promulgated on 2006-10-04

599. CA GR CR 29513: MARGARITA ESTRELLA vs. PEOPLE OF THE PHILIPPINES and JESUS LORENZO
Before the Court is a petition for review, pursuant to Rule 122 in relation to Rule 42 of the Rules of Court, from the Joint Decision, dated July 26, 2005, in Criminal Case Nos. 04-3622-31 of Branch 149, Regional Trial Court of Makati City,...
Promulgated on 2006-10-04

600. CA GR CV 86419: JORGEA ABANES IGNACIO, et al. vs. CONRADO IGNACIO
For defendant-appellant's failure to file his brief within the reglementary period which expired on May 23, 2006, the appeal is hereby DISMISSED pursuant to Section 1 (e), Rule 50, Rules of Civil Procedure....
Promulgated on 2006-10-04

601. CA GR SP 89035: EVELYN L. CUSI and ROBERTO C. BERMEJO vs. HON. JUDGE AMALIA F. DY, et al.
At bar is a Petition for Certiorari filed by Evelyn L. Cusi and Roberto C. Bermejo (petitioners) against Hon. Judge Amalia F. Dy and Hon. Judge Rizalina T. Capco-Umali...
Promulgated on 2006-10-04

602. CA GR SP 95781: SHIP MANNING SERVICES PHILS., INC. et al. vs. BENJAMIN B. PANLASIGUI et al.
Petitioners, in their "Motion to Withdraw Petition for Certiorari" dated September 12, 2006, pray that "the Petition for Certiorari filed in this case be considered withdrawn" in view of the following considerations:...
Promulgated on 2006-10-04

603. CA GR CR 02046: PEOPLE OF THE PHILIPPINES vs. LAURENCE QUIMSON "alias" LALAINE
Under review is the September 14, 1999 Decision of the Regional Trial Court (RTC) of Lingayen, Pangasinan, Branch 37 in Criminal Case No. L-5864,...
Promulgated on 2006-10-04

604. CA GR CR 02425: PEOPLE OF THE PHILIPPINES vs. NENE AFRICA y SEVALLEJO, et al.
Appeal from the December 20, 2001 Decision of the Regional Trial Court of Manila, Branch 21, in Criminal Cases Nos. 98-168979 to 98-168994,...
Promulgated on 2006-10-04

605. CA GR SP 94873: CESAR OBERO vs. DOLORES DE LOS REYES-MEJILLANO, et al.
For failure to indicate in the petition the material dates showing the:...
Promulgated on 2006-10-04

606. CA GR CV 77716: SPOUSES FERNANDO U. JUAN, et al. vs. PRUDENTIAL BANK, et al.
A mortgage must sufficiently describe the debt sought to be secured, which description must not be such as to mislead or deceive, and an obligation is not secured by a mortgage unless it comes fairly within the terms of the mortgage....
Promulgated on 2006-10-04

607. CA GR SP 96274: ARMANDO ESCANO BERNABE vs. SPOUSES IGNACIO MEDINA, et al.
As filed, the present petition for review is infirmed with deficiencies, to wit:...
Promulgated on 2006-10-04

608. CA GR SP 93276: AFPSLAI SERVICES CORPORATION vs. N L R C (3rd Div.) and BERNARDINO B. CRESPO
Before the Court is a petition for certiorari which seeks to annul and set aside the Resolution dated July 22, 2005 of the National Labor Relations Commission (NLRC),...
Promulgated on 2006-10-03

609. CA GR SP 83127: ROASTERS PHILS., INC. vs. HON. NORMANDIE B. PIZARRO, et al.
This is a petition for certiorari against orders of the trial court abjuring the dismissal of a civil action based on the alleged failure of the complaint to state a cause of action....
Promulgated on 2006-10-03

610. CA GR CV 78995: RUFINA B. BARTOLOME,JESUS B. PORMUEVO, et al. vs. FRANCISCA B. INIGO, LORELLA I. SAHAGUN, et al.
The difference in form and nature of two actions is immaterial. The philosophy behind the rule on res judicata prohibits the parties from litigating the same issue more than once....
Promulgated on 2006-10-03

611. CA GR SP 96216: SUPERB SECURITY AND INVESTIGATION AGENCY, INC., et al. vs. NLRC, et al.
This is a petition for certiorari assailing the January 5, 2006 Resolution of the National Labor Relations Commission in NLRC Case No. 00-09-09971, dismissing the appeal of the petitioner for failure to attach a Certificate of Non-Forum Shopping....
Promulgated on 2006-10-03

612. CA GR SP 93203: AGUINALDE CONSTRUCTION SUPPLY / BENJAMIN AGUINALDE vs. HON. N L R C (2nd Div.) and ABRAHAM ABUAN
Before the Court is a petition for certiorari with prayer for the issuance of a temporary restraining order and/or writ of preliminary injunction under Rule 65 of the Rules of Court...
Promulgated on 2006-10-03

613. CA GR CR 00129: THE PEOPLE OF THE PHILIPPINES vs. SALVADOR DERPO
The accused appeals his convictions for statutory rape and for attempted rape handed down by the Regional Trial Court (RTC), Branch 55, in Irosin, Sorsogon....
Promulgated on 2006-10-03

614. CA GR SP 94514: ARTURO ARCE, et al. vs. OFFICE OF THE PRESIDENT AND HERMINIO P. ONG
This recourse is taken by the petitioners to set aside the decision of the Office of the President (OP) in OP Case No. 05-F-208...
Promulgated on 2006-10-03

615. CA GR SP 88227: NARCISO M. NOMBRE vs. GOVERNMENT SERVICE INSURANCE SYSTEM (GSIS), et al.
This Petition for Review filed under Rule 43 of the Rules of Civil Procedure, assails the Decision, dated December 10, 2004, of the Employees Compensation Commission,...
Promulgated on 2006-10-03

616. CA GR CV 81656: BENJAMIN SERRANO, ET. AL. vs. JOSELITO B. YOUNG, ET. AL.
THE HEIRS OF LYDIA C. MERCADO SEEK THE RECONSIDERATION OF OUR DECISION DATED AUGUST 8, 2006, CLAIMING THAT:...
Promulgated on 2006-10-03

617. CA GR SP 96043: HENRY D. MANALANG vs. PHILIPPINE SPORTS COMMISSION, et al.
The instant petition for certiorari and mandamus is hereby DENIED DUE COURSE and accordingly DISMISSED for the following defects:...
Promulgated on 2006-10-03

618. CA GR CR 01197: PEOPLE OF THE PHILIPPINES vs. LEYXANDER CASTRO y SANTOS
Leyxander Castro y Santos ("accused-appellant") appeals the Decision dated June 14, 2004 of the Regional Trial Court of Makati City, Branch 135, finding him guilty...
Promulgated on 2006-10-03

619. CA GR CR 00199: PEOPLE OF THE PHILIPPINES vs. ALFREDO LASCO y CUETO
Alfredo Lasco y Cueto appeals from the decision of the Regional Trial Court (RTC) of Manila, Branch 6, finding him guilty beyond reasonable doubt of murder in Criminal Case No. 91-92291....
Promulgated on 2006-10-03

620. CA GR SP 89510: LAURENCE M. SISON vs. EUSEBIA CARIAGA
Assailed in this petition for review is the Decision of the Regional Trial Court (RTC), Branch 50, Villasis, Pangasinan, dated February 9, 2005 which reversed and set aside the Decision of the 8th Municipal Circuit Trial Court (MCTC),...
Promulgated on 2006-10-03

621. CA GR SP 94854: PETER G. RUBI vs. HON. E. RAGASA-CHUA, ET. AL.
Considering that petitioner has entered into a compromise agreement with private respondents in Sp. Proc. No. M-6205 subject of this case,...
Promulgated on 2006-10-02

622. CA GR CV 70781: PABLO DE LA ROSA and SALVADOR DE LA ROSA vs. ANTIOQUE DE LA ROSA, et al.
This is an appeal from the decision rendered on March 5, 2001 by Branch 23, RTC, Naga City, in Civil Case No. 92-2702,...
Promulgated on 2006-10-02

623. CA GR CR 20932: PEOPLE OF THE PHILIPPINES vs. LOLITA GROMIO y DE LA CRUZ
The elements of the crime of Estafa through misappropriation or conversion as defined in and penalized under Article 315,...
Promulgated on 2006-10-02

624. CA GR CV 77038: TERESITA TANGCO-CABRERA and MINA A. TANGCO vs. REPUBLIC OF THE PHILIPPINES
Before the Court is an appeal filed by the Republic of the Philippines through the Office of the Solicitor General seeking to reverse and set aside the Decision dated September 27, 2002...
Promulgated on 2006-10-02

625. CA GR CV 84345: KATHRYN MARIE S. MARCALE vs. REPUBLIC OF THE PHILIPPINES
A petition for correction of entries in the civil registry is an action in rem. The decision on the petition binds not only the parties thereto but the whole world....
Promulgated on 2006-10-02

626. CA GR CV 61613: ROSARIO D. ADRIANO, et al. vs. FE FLORO VALINO
The duty and right to make arrangements for the funeral of a relative shall be in accordance with the following order:...
Promulgated on 2006-10-02

627. CA GR CV 82930: UNION BANK OF THE PHILIPPINES vs. SPOUSES EUSTOLIO and SUZETTE CALALANG
There are two ways by which an action may be dismissed upon the instance of the plaintiff....
Promulgated on 2006-10-02

628. CA GR CV 84165: PATRICK JOSEPH BERDIN vs. CIVIL REGISTRAR OF CIVIL REGISTRAR, REPUBLIC OF THE PHILIPPINES
A petition for correction of entries in the civil registry is an action in rem. The decision on the petition binds not only the parties thereto but the whole world....
Promulgated on 2006-10-02

629. CA GR SP 87698: GOVERNMENT SERVICE INSURANCE SYSTEM vs. HON. ADOLFO L. ALAGAR, et al.
This is a petition for certiorari filed by petitioner GSIS assailing the June 14, 2004 Order of the Regional Trial Court, Branch 66, San Fernando, La Union, in Civil Case No. 2794,...
Promulgated on 2006-10-02

630. CA GR SP 85466: JEANETTE K. GILLO vs. ROMEO & ANNA SANTIAGO, et al.
This is an action for the annulment of judgment, the December 4, 2000 Order of the Regional Trial Court, Branch 253, Las Pinas City, (RTC Branch 253),...
Promulgated on 2006-10-02

631. CA GR SP 86606: VICTORIANO A. POSTRADO and JUPITER Z. SANJORJO vs. STAR PAPER CORPORATION, et al.
At issue in this special civil action is the computation of the backwages awarded in favor of the private respondents in the decision in this case which have already attained finality after it was affirmed by the Supreme Court....
Promulgated on 2006-10-02

632. CA GR CV 67605: HEIRS OF DALMACIO ECLAR vs. SPS. ADRIANO ABELLA and LEOCADIA FONTANILLA
This is an appeal from the August 15, 1997 Decision of the Regional Trial Court, Branch 23, Roxas, Isabela, in Civil Case No. Br. 23-462-94,...
Promulgated on 2006-10-02

633. CA GR SP 88251: VILMA A. VIDAL vs. NATIONAL LABOR RELATIONS COMMISSION and ON SEMICONDUCTOR/SCG PHILS., INC.,
This resolves petitioner's Petition for Certiorari filed pursuant to Rule 65 of the revised Rules of Civil Procedure seeking to annul the Decision, dated September 30, 2004 and the Resolution,...
Promulgated on 2006-10-02

634. CA GR CV 71622: CARLOS TUSI vs. SPOUSES VIRIGILIO and COLITA MATUTINA
This is an appeal from the Decision, dated May 30, 2001, of the Regional Trial Court (Branch 125, Caloocan City),...
Promulgated on 2006-10-02

635. CA GR CV 68010: BALUNGAO WATER DISTRICT, et al. vs. ROMEO C. MILANES, rep by ATTY. ALFREDO M. DELA VEGA
This is an appeal from the Decision, dated June 5, 2000, rendered by the Regional Trial Court, Branch 53, Rosales,Pangasinan...
Promulgated on 2006-10-02

636. CA GR CR 28725: PEOPLE OF THE PHILIPPINES vs.IGNACIO ACEBUCHE Y ROMANO
Before Us on appeal is the Decision of the Regional Trial Court, Branch 53, Rosales, Pangasinan, dated February 6, 2004,...
Promulgated on 2006-10-02

637. CA GR CR 29330: PEOPLE OF THE PHILIPPINES vs. JOSE GUEVARRA @ "TOTIE"
Before Us is an appeal from the Decision of the Regional Trial Court of Manila, Branch 4, dated March 7, 2005, in Criminal Case No. 03-213626...
Promulgated on 2006-10-02

638. CA GR CV 66421: DR. BARTOLOME M. ANGELES & LIGAYA A. ARICA vs. FELISA ANGELES, et al.
An action for partition is comprised of two phases: first, an order for partition which determines whether a coownership in fact exists, and whether partition is proper...
Promulgated on 2006-10-02

639. CA GR CR 00574: PEOPLE OF THE PHILIPPINES vs. RICHARD ALCORAN
It is a truism that conviction in a case of rape may be founded on the testimony alone of the complaining witness, but cases abound with the admonition that it should also be reached only after a most careful and meticulous examination of her testimony...
Promulgated on 2006-10-02

640. CA GR CV 82764: PETERJUN Z. RAVELO vs. SARIMANOK NEWS NETWORK, INC.
This is an appeal from the Decision of the Regional Trial Court (RTC), Branch 220, Quezon City, dated March 31, 2004, dismissing the complaint for damages,...
Promulgated on 2006-10-02

641. CA GR CV 81367: SPS. DONATO ALMAYDA and RUTH ALBA vs. SPS. RIZAL F. VELOSO and JOSEPHINE DRIZ, et al.
Before the Court is an appeal seeking to reverse the Decision dated July 20, 2003 of Branch 86, Regional Trial Court of Cabanatuan City (RTC) in Civil Case No. 3498-AF for Annulment of Sale,...
Promulgated on 2006-10-02

642. CA GR CR 00270: THE PEOPLE OF THE PHILIPPINES vs. NOVEL RABANES Y CRISTOBAL
This is an Appeal from the Decision of the Regional Trial Court(RTC), Caloocan City, National Capital Judicial Region, Branch 128,...
Promulgated on 2006-10-02

643. CA GR SP 79706: SALVACION GERALDINO vs. GOVERNMENT SERVICE AND INSURANCE SYSTEM (GSIS)
This is a Petition for Review from the Decision, dated July 31, 2003 of the Employees' Compensation Commission(ECC) in ECC Case No. GM-14620-1102,...
Promulgated on 2006-10-02

644. CA GR CV 86703: RUFINA AND COMPANY vs. HEIRS OF LEANDRO ENRIQUEZ, et al.
For failure to file the required Appellant's Brief, the appeal is hereby DISMISSED....
Promulgated on 2006-10-02

645. CA GR SP 93167: QUICK MOVERS and MERCHANDISING INC., et al. vs. NLRC, et al.
After a thorough study of the issues raised in the Motion for Reconsideration filed by petitioners in the above-entitled case, the Court finds no sufficient reason to deviate from its findings and conclusions reached in its Resolution dated July 10, 20...
Promulgated on 2006-10-02

646. CA GR CV 86029: MA . VERONICA BONTOG vs. DELIA SARMIENTO, et. al.
For consideration are the accused-appellants' two motions for reconsideration of this Court's decision dated July 11, 2006,...
Promulgated on 2006-10-02

647. CA GR CR 01465: PEOPLE OF THE PHILIPPINES vs. ELIZABETH SARANILLAS-DELA CRUZ, et al.
This is an appeal from the Joint Decision rendered by the Regional Trial Court, Branch 103, Quezon City in Criminal Case No. Q-03-116540,...
Promulgated on 2006-10-02

648. CA GR CV 52298: REPUBLIC OF THE PHILIPPINES vs. NATALIA DE LA PAZ, et al.
Forest lands or timberland of the public domain cannot be acquired by prescription. Its possession however long cannot ripen into private ownership....
Promulgated on 2006-10-02

649. CA GR SP 91749: ROLLY N. OBANANA vs. NATIONAL LABOR RELATIONS COMMISSION et al.
THE PETITIONER SEEKS RECONSIDERATION OF OUR DECISION DATED JUNE 15, 2006, INSISTING THAT THE NLRC DECISION CONTAINED FINDINGS OF FACT THAT WERE NOT SUPPORTED BY SUBSTANTIAL EVIDENCE....
Promulgated on 2006-10-02

650. CA GR SP 86293: APOLONIO S. FEDERICO vs. MA. SOFTINA PAGLINAWAN
ON JULY 13, 2006, THE RESPONDENT FILED A MOTION FOR RECONSIDERATION VIS-A- VIS OUR DECISION DATED JUNE 16, 2006....
Promulgated on 2006-10-02

651. CA GR SP 87528: KAYAMANAN ENTERPRISES vs. MGE TRANSPORT CORPORATION
Assailed in this petition for review is the decision of the Regional Trial Court (RTC) of Caloocan City, Branch 121, in Civil Case No. C-20995. The RTC reversed the decision of the Metropolitan Trial Court (MeTC) of Caloocan City, Branch 19, which dis...
Promulgated on 2006-10-02

652. CA GR CR 28251: PEOPLE OF THE PHILIPPINES vs. GEORGE MANANTAN
This is an appeal from the December 1, 2003 Decision (Rollo, pp. 11-19) of the Regional Trial Court of Cabanatuan City, Branch 25 in Crim. Case No. 13015-AF,...
Promulgated on 2006-10-02




Copyright © 2006 - 2013 Court of Appeals Website
Designed, developed and maintained by the MIS Division


Make fonts bigger. Make fonts smaller. Return fonts to normal size. Open printer friendly version of this document.