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Court of Appeals
Ma. Orosa St.,
Ermita, Manila,
Philippines
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Today is Wednesday, May 22, 2013
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Promulgated Decisions and Resolutions
for December, 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 84069: HEIRS OF TOMASA CAPONPON vs. SAN JOSE ELEMENTARY SCHOOL AND/OR ITS PRINCIPAL/DIVISION HEAD, et al.
In our jurisdiction, it is an enshrined rule that even a
registered owner of property may be barred from recovering
possession of property by virtue of laches....
Promulgated on 2006-12-29
2. CA GR SP 94641: SOCORRO CENTENO-TAGALICUD, ET AL. vs. HON. WILFREDO D. REYES, et al.
The record shows that in his Answer and Manifestation, private
respondent prays for the dismissal of the instant Petition for
Annulment of Judgment on the ground that the parties...
Promulgated on 2006-12-29
3. CA GR CV 84527: PHILIPPINE SAVINGS BANK vs. SPOUSES JUANITA WONG and CHAN SHING WAI
A writ of possession is a writ of execution employed to
enforce a judgment to recover the possession of land....
Promulgated on 2006-12-29
4. CA GR CV 84829: PURIFICACION BONGAO-MURILLO, et al. vs. SPOUSES MYRNA BONGAO and RAMON ACHAVA
The owner of an undivided interest in the property has
the right to freely sell and dispose of such interest....
Promulgated on 2006-12-29
5. CA GR CV 83975: EQUITABLE BANKING CORPORATION vs. RICARDO L. SADAC
A person claiming moral damages must prove the
existence of bad faith by clear and convincing evidence for
the law always presumes good faith....
Promulgated on 2006-12-29
6. CA GR CV 84693: DEOGRACIAS B. ADALEM vs. JANET MARTIREZ
The emerging trend in the rulings of the Supreme
Court is to afford every party litigant the amplest opportunity
for the proper and just determination of his cause...
Promulgated on 2006-12-29
7. CA GR CV 85203: ELECITO GROYON VS. WILFREDO JAROMAMAY
A contract, being consensual, is perfected by the mere
consent of the parties. Once perfected, contracts are the law
between the contracting parties....
Promulgated on 2006-12-29
8. CA GR CV 63521: MUKESH UTTAMCHANDANI vs. NEW INDIA ASSURANCE CO. LTD.
This is defendant-appellee's Manifestation with Motion for
Issuance of Entry of Judgment filed thru counsel, alleging among
others, that despite diligent efforts to comply with the directive of this
Court,...
Promulgated on 2006-12-29
9. CA GR SP 90791: ANITA FELIX PABALAN, et al. vs. HON. ADORACION G. ANGELES, et al.
Before Us is a petition for certiorari under Rule 65 of the
Revised Rules of Court seeking the annulment of the April 26, 2005
Order of the Regional Trial Court (RTC) of Caloocan City, Branch
121,...
Promulgated on 2006-12-29
10. CA GR SP 60328: MINERVA MONTES POLO and WILFREDO MONTES vs. HON. THELMA C. TRINIDAD-PE AGUIRRE, et al.
Before Us is a Petition for Certiorari under Rule 65 of the
1997 Rules of Civil Procedure, assailing the Order dated March
22, 2000 denying the Motion to Quash...
Promulgated on 2006-12-29
11. CA GR SP 63344: DAVID G. BAYACA vs. NATIONAL LABOR RELATIONS COMMISSION, et al.
Rules of Court are the resolutions of the First Division of the National
Labor Relations Commission (NLRC) in NLRC NCR CA No. 022780-
2000,...
Promulgated on 2006-12-29
12. CA GR CV 67034: SPOUSES HENRY YU and CATHERINE YU vs. REPUBLIC OF THE PHILIPPINES
This is an appeal under Rule 41 of the 1997 Rules of Civil
Procedure seeking to set aside the Order dated February 16,
1999 of the Regional Trial Court (RTC), Branch IV, Pallocan,
Batangas City...
Promulgated on 2006-12-29
13. CA GR CR 23923: PEOPLE OF THE PHILIPPINES vs. CARLOS L. CORTEZ
Failure of the prosecution to formally offer its
documentary exhibits is not a ground to dismiss the case.
Even without any documentary exhibits,...
Promulgated on 2006-12-29
14. CA GR CR 01119: PEOPLE OF THE PHILIPPINES vs. ARMANDO CHINGH y PARCIA
Failure to object to an Information which charges more than one
offense may give rise to a conviction for as many offenses charged and
proven against the accused....
Promulgated on 2006-12-29
15. CA GR CV 79716: LUCIANA GALANG vs. DALIN LINER, INC., and REYNALDO CABANISAS
There are three (3) types of negligence: (1) ordinary
negligence - which is the omission to do something which a
reasonable man,...
Promulgated on 2006-12-29
16. CA GR SP 96209: SALVADOR A. PLEYTO vs. PRESIDENTIAL ANTI-GRAFT COMMISSION (PAGC) and OFFICE OF THE PRESIDENT
Security of Tenure is a right of paramount value that is
recognized and guaranteed by Section 3, Article XIII of Our
Constitution. Such constitutionally guaranteed right cannot be denied
on mere speculation of any unclear and nebulous basis....
Promulgated on 2006-12-29
17. CA GR SP 97234: GREGORIO B. CANCIO, JR., et al. vs. HON. MARIA CONCEPCION YUMANG-PANGAN, et al.
An examination of the instant Petition for Certiorari with Prayer
for Issuance of Temporary Restraining Order and Preliminary
Injunction shows that out of the nine (9) petitioners, only Gregorio B.
Cancio, Jr., Ma. Paciencia B. Cancio, Emmanuel B. Canc...
Promulgated on 2006-12-29
18. CA GR CR 01759: PEOPLE OF THE PHILIPPINES vs. BERT SOLOMON Y BALMORES
This is a Manifestation filed by the Public Attorney's Office thru
Atty. Amelia C. Garchitorena, counsel for the accused-appellant,
alleging among others,...
Promulgated on 2006-12-29
19. CA GR SP 87532: VIRGINIA YUSON, et al. vs. HOME INSURANCE GUARANTY CORPORATION (HIGC)
Filed pursuant to Rule 42 of the Rules of Court, this petition for
review seeks the reversal of the consolidated 30 April 2004 Decision
rendered by Branch 257 of the Regional Trial Court in Paranaque City...
Promulgated on 2006-12-29
20. CA GR CV 81272: JOSE F. SORIANO vs. JIMMY BUSTAMANTE
The record shows that defendant-appellant's Motion for Second
Extension of 30 days from June 21, 2006 or until July 21, 2006 within
which to file Appellant's Brief was granted....
Promulgated on 2006-12-29
21. CA GR CV 83500: SPS. RENATO ITLIONG and IRENE ITLIONG vs. SPS. JESUS FLORES and FRANCISCA O. FLORES
Before us is an appeal from the Decision dated July 31, 2003 rendered
by the Regional Trial Court of Balaoan, La Union, Branch 34, in Civil Case
No. 533 dismissing the complaint for damages and specific performance...
Promulgated on 2006-12-29
22. CA GR CR 00498: PEOPLE OF THE PHILPPINES vs. JOCELYN G. CORONEL
Before Us is an appeal from the September 23, 2004 Decision of the
Regional Trial Court of Pasig City, Branch 262 in Criminal Case No.
114616-H, convicting accused-appellant...
Promulgated on 2006-12-29
23. CA GR SP 90666: FERNANDO MEDICAL ENTERPRISES, INC. vs. NORBERTO E. CRUZ
Assailed in this petition for review under Rule 42 of the Rules of
Court is the decision dated 19 April 2005 of the Regional Trial Court of
Quezon City, Branch 92 (RTC) which affirmed the decision...
Promulgated on 2006-12-29
24. CA GR SP 93619: HONORIO M. SALUTA, et al. vs. JUDGE MARIA ELISA SEMPIO DIY, et al.
Assailed in this petition for certiorari filed pursuant to Rule 65 of the
1997 Rules of Civil Procedure are the Orders dated May 3, 2005 and
February 13, 2006 issued by public respondent,...
Promulgated on 2006-12-29
25. CA GR SP 95958: CAI WAN ZHUAN vs. HON. MARIA ROSARIO B. RAGASA, et al.
Filed pursuant to Rule 65 of the 1997 Rules of Civil Procedure, the
instant petition for certiorari seeks the annulment of the May 29, 2006 Order
issued by public respondent,...
Promulgated on 2006-12-29
26. CA GR CV 71630: CARIDAD MANAS vs. ALFREDO BIAGTAN, et al.
Before Us is an Appeal from the Decision dated May 9, 2001 of the Regional Trial Court, Branch 59, Baguio City in Civil
Case No. 4680-R...
Promulgated on 2006-12-29
27. CA GR CV 77905: VIRGINIA A. GARCIA vs. SPS. SABINA "BELEN" DUMAOP and JOSELITO DUMAOP
Before Us on appeal is the November 26, 2002 Decision of the
Regional Trial Court (RTC) of Cavite City, Branch 16 in Civil Case
No. N-7165 for Specific Performance with Damages....
Promulgated on 2006-12-29
28. CA GR SP 92556: BIG MAMA & COMPANY and/or MYRNA O. GALICIA vs. NLRC and JOLLY V. MARIANO, JR.
This is a petition for certiorari under Rule 65 of the 1997 Rules
of Court filed by Big Mama & Company and its owner Myrna O.
Galicia ("Galicia")....
Promulgated on 2006-12-29
29. CA GR CV 66042: PIONEER SAVINGS & LOAN BANK, INC. vs. PISO DEVELOPMENT BANK, et al.
Challenged in this appeal is the Decision dated June 21, 1999
(Records, pp. 769-773) of Branch 62 of the Regional Trial Court of
Makati City in Civil Case No. 10603...
Promulgated on 2006-12-29
30. CA GR SP 86680: EUGENE ONG vs. DEPARTMENT OF JUSTICE AND MICHAEL SYIACO
The record shows that in his comment with Motion to Inhibit
filed by private respondent in this case, he prays for the inhibition of
Justice Portia Alino-Hormachuelos as member of the Seventh
Division of this Court....
Promulgated on 2006-12-29
31. CA GR SP 91091: EDISON P. CARAG vs. ROSARIO E. VILLANUEVA
BEFORE Us is a Petition for Review, filed pursuant to Rule 42 of the
Rules of Court, of the 30 November 2004 Decision,...
Promulgated on 2006-12-29
32. CA GR CV 82338: CORAMEN M. MACALINAO vs. CRISTINA G. RIVERA
This is a case for collection of sum of money and damages with
prayer for issuance of the provisional remedy of replevin...
Promulgated on 2006-12-29
33. CA GR SP 93316: LAFAYETTE LAWRENCE BROS. CORP., et al. vs. N L R C, ALICIA G. VISTRO, et al.
The present Petition for Certiorari filed pursuant to Rule 65 of the
1997 Rules of Civil Procedure seeks to annul the Resolution dated 31 May
2005 of the National Labor Relations Commission...
Promulgated on 2006-12-29
34. CA GR SP 95293: DR. DANTE G. GUEVARRA and ATTY. AUGUSTUS CEZAR vs. CIVIL SERVICE COM. and ATTY. HONESTO L. CUEVA
Petitioners Dr. Dante Guevarra (hereafter, "DR. GUEVARRA") and
ATTY. AUGUSTUS CEZAR (hereafter, "ATTY. CEZAR") are the OICPresident
and Assistant to the Vice-President for Administration,
respectively,...
Promulgated on 2006-12-29
35. CA GR CV 84801: JUDITH ESPELA-BAUTISTA vs. JOSEPH BAUTISTA, et al.
This is an Appeal, pursuant to Rule 41 of the 1997 Rules of Civil
Procedure, from the decision dated 11 December 2000 of the Regional Trial
Court (RTC) Branch 9 of La Trinidad, Benguet,...
Promulgated on 2006-12-29
36. CA GR SP 88936: ROMEO CARRIEDO vs. DEPARTMENT OF AGRARIAN REFORM, Quezon City and PABLO MENDOZA
Before Us is a petition for review with application for temporary
restraining order and/or preliminary injunction seeking to reverse and
set aside the Decision dated November 12, 2003 and Resolution
dated December 29, 2004...
Promulgated on 2006-12-29
37. CA GR CV 71495: MANUEL B. DULAY, et al. vs. ROWENA ORTIZ, et al.
Before Us is an appeal from the Decision dated May 10, 2001
rendered by the Regional Trial Court of Pasig City, Branch 158,
dismissing Civil Case No. 67100...
Promulgated on 2006-12-29
38. CA GR CV 68486: ELLEN JACINTO, et al. vs. ARIEL JACINTO
Plaintiffs-appellants Ellen Jacinto and her children Galilee, Lady
Ann and Joseph Ariel, all surnamed Jacinto (collectively referred to
as "appellants"), represented by appellant Ellen Jacinto ("Ellen"),...
Promulgated on 2006-12-29
39. CA GR SP 91610: LUX MARKETING, INC. vs. NLRC (First Division) and BENIGNO M. GALANG
We are urged in this petition for certiorari under Rule 65 of the
1997 Rules of Court to set aside the decision dated October 19, 2004
and the resolution dated July 21, 2005 of the National Labor
Relations Commission in NLRC NCR CA No. 036761-03....
Promulgated on 2006-12-29
40. CA GR CV 83622: SPS. ALFREDO A. SAN PEDRO et al. vs. THE MUNICIPAL CIVIL REGISTRAR OF SAN ILDEFONSO, BULACAN et al.
For resolution before Us is the Motion to Dismiss Appeal dated
November 17, 2006 filed by petitioners-appellants stating therein that
they are no longer interested to pursue this appeal and are moving
for the dismissal of the same....
Promulgated on 2006-12-29
41. CA GR CV 78198: TRIPLE V FOOD SERVICES, INC. vs. STANDARD INSURANCE CO., INC.
Before Us is an appeal from the Decision dated 10 July
2002 of the Regional Trial Court (RTC), Branch 268, Pasig City in
Civil Case No. 64806...
Promulgated on 2006-12-29
42. CA GR SP 97144: ADVANCE FORCES SECURITY & INVESTIGATION SERVICES, INC. vs. LABOR ARBITER RENALDO O. HERNANDEZ, et al
As filed, the present petition is infirmed with the following defects:...
Promulgated on 2006-12-29
43. CA GR SP 68215: GLENFORD SAMOY vs. HON. CONRADO F. MANAUIS et al.
Before Us is a Petition for Certiorari under Rule 65 of the
1997 Revised Rules of Civil Procedure which seeks to set aside the
Resolution dated October 9, 2001 of the Regional Trial Court, Branch 8, Aparri, Cagayan in Criminal Case No. 08-1103 for
Murd...
Promulgated on 2006-12-29
44. CA GR SP 94692: JOSE ANSELMO I. CADIZ, et al. vs. HON. TORIBIO E. ILAO, JR., et al.
In this Petition for Certiorari and Prohibition with Prayer for
the Issuance of a Temporary Restraining Order and/or a Writ of
Preliminary Injunction, the petitioners seek to annul the Order
dated March 9, 2006 of the Regional Trial Court (RTC), Puerto...
Promulgated on 2006-12-29
45. CA GR SP 65257: ROBERTO LAGANAS AND ELISEA SOLON vs. HON. EMMA M. BAUZON, et al.
This is a Petition for Certiorari under Rule 65 of the 1997
Revised Rules of Civil Procedure which seeks to annul and set aside the Order dated July 21, 2000...
Promulgated on 2006-12-29
46. CA GR SP 56722: THE PHILIPPINE RURAL RECONSTRUCTION MOVEMENT vs. ROMULO SALAS
Before Us is a Petition for Review from the Decision dated 6
December 1996 of the Regional Trial Court, Branch 87, Gapan,
Nueva Ecija in Civil Case No. 1474...
Promulgated on 2006-12-29
47. CA GR SP 93739: SPOUSES JUAN T. AGUIRRE, et al. vs. NICASIO C. COLLO
In this Petition for Review under Rule 43 of the Rules of Court,
petitioners seek to reverse and set aside the Decision dated July 7,
2005...
Promulgated on 2006-12-29
48. CA GR CR 29481: PEOPLE OF THE PHILIPPINES vs. FREDERICK MANARPIES Y GUTIERREZ
Frederick Manarpies appeals the January 13, 2005 Decision
of the Regional Trial Court of Quezon City, Branch 76 in Criminal
Case No. Q-99-83762 finding him guilty of carnapping....
Promulgated on 2006-12-29
49. CA GR CR 27527: PEOPLE OF THE PHILIPPINES vs. ANTHONY C. MAGNO
Before Us is an Appeal filed by Accused-Appellant ANTHONY C.
MAGNO (hereinafter Appellant), seeking to set aside the Decision of
the Regional Trial C...
Promulgated on 2006-12-29
50. CA GR SP 87965: THE HERITAGE HOTEL MANILA vs. SECRETARY OF LABOR AND EMPLOYMENT PATRICIA STO. TOMAS, et al.
Before Us are private respondent's Motion For Reconsideration
and public respondents' Partial Motion For Reconsideration of Our Decision dated May 23, 2006, the dispositive portion of which reads:...
Promulgated on 2006-12-29
51. CA GR CV 78019: DOMINGO DEL ROSARIO, ET AL. vs. ESTER RAFLORES, ET AL.
This is a Motion to Remand the Records of the Case to the
Regional Trial Court filed by plaintiffs-appellants, thru counsel....
Promulgated on 2006-12-29
52. CA GR CV 71378: GILDA L. FRONDA vs. EDGARDO CO
Before Us is an appeal from the decision dated February 27,
2001 of the Regional Trial Court of Baguio City, Branch 60, in Civil
Case No. 2992-R,...
Promulgated on 2006-12-29
53. CA GR CR 00934: PEOPLE OF THE PHILIPPINES vs. BENJAMIN DOMINGO y LAURENO
In rape cases, the failure to shout or offer tenacious
resistance does not make voluntary the victim's submission to
the criminal act of the offender....
Promulgated on 2006-12-29
54. CA GR SP 95020: MEGAPACK CONTAINER CORP. and/or CLEMENT JALIJALI vs. NATIONAL LABOR RELATIONS COMMISSION, et al.
The existence of an employer-employee relationship is principally at
issue in this petition for certiorari which seeks the nullification of the
February 6, 2006 Resolution...
Promulgated on 2006-12-29
55. CA GR CV 75576: SUNNY JESUS SAGISI vs. MICHELLE D. SAGISI, et al.
This is an Appeal from the Decision dated 24 June 2002 of the
Regional Trial Court, National Capital Judicial Region, Branch 107,
Quezon City in Civil Case No. Q-99-36459...
Promulgated on 2006-12-29
56. CA GR CV 74697: ANTONIO B. ZACARIAS vs. RUBEN MALLARI, et al.
Before Us is an Appeal filed by Defendants-Appellants RUBEN
MALLARI and ARNEL SANTIAGO (hereinafter Appellants) which seeks
to set aside the Decision dated 15 January 2002...
Promulgated on 2006-12-29
57. CA GR SP 96608: FRANK ALMAZAN vs. PURITA LIM
Considering the report dated December 22, 2006 of the Judicial Records Division that no petition has been filed despite the Court's Resolution dated October 27, 2006 granting petitioner's motion for extension of fifteen (15) days from October 21, 2006 or...
Promulgated on 2006-12-29
58. CA GR SP 73582: ULTRA COMPUTER CORP. & WILFREDO M. BACTAD vs. N L R C & GEORGE C. AROMIN, et al.
Before Us is a Petition for Certiorari under Rule 65 of the Revised
Rules of Court which seeks to set aside the Resolution dated 24 April
2002 and the subsequent Resolution3 dated 24 July 2002...
Promulgated on 2006-12-29
59. CA GR SP 89651: ROGELIO SANCHEZ, et al., vs. HON. ROSEMARIE M. ALIM, et al.
Before Us is a Petition for Certiorari and Mandamus assailing the
Decision dated 26 March 2001 issued by Judge ROSEMARIE M. ALIM of the
Regional Trial Court (RTC),...
Promulgated on 2006-12-29
60. CA GR SP 87619: ROMEL P. ALMEDA, ET AL. vs. HON. INOCENCIO M. JAURIGUE
After a careful perusal of the Motion for Reconsideration (Rollo,
pp. 162-176) filed by petitioners of the Decision of this Court dated
July 25, 2006 (Rollo, pp. 150-161), as well as the Comment (Rollo,
pp. 187-193) filed by the private respondent, the...
Promulgated on 2006-12-29
61. CA GR CR 26848: PEOPLE OF THE PHILIPPINES vs. CESAR DIMASANGAL y GALVAN alias ZESAR
Before Us is an Appeal from the Decision dated 26 September
2002 of the Regional Trial Court, National Capital Judicial Regional,
Branch 26, Manila,...
Promulgated on 2006-12-29
62. CA GR CV 77877: SANDY CORDERO vs. GEMMA FORTES
Assailed in this appeal is the Decision dated February 28, 2002 in Civil Case No. 9805 of Branch 60, Regional Trial Court (RTC), Angeles City...
Promulgated on 2006-12-29
63. CA GR CV 78752: SPS. ORLANDO BRONOLA and ZINNIA BRONOLA vs. THE MANAGER, PHILIPPINE NATIONAL BANK (PNB), et al.
Before the Court is an appeal from the Decision dated April 1, 2003 in Civil Case No. Q-97-31214 of Branch 78, Regional Trial Court (RTC), Quezon City...
Promulgated on 2006-12-29
64. CA GR SP 89085: WELSTAR ENTERPRISES vs. NATIONAL LABOR RELATIONS COMMISSION, et al.
Before the Court is a petition for certiorari filed under Rule 65, 1997 Rules of Civil Procedure, assailing public respondent National Labor Relations Commission (NLRC)'s (a) Order dated January 28, 2004,...
Promulgated on 2006-12-29
65. CA GR SP 84798: EDAN HARDWARE & BUILDERS SUPPLY INC.,and /or ANTONIO V. MERCADO vs. N L R C, ROMEO ASIS
Before Us is a Petition for Certiorari under Rule 65 of the Revised
Rules of Court filed by Petitioner Edan Hardware & Builders Supply Inc....
Promulgated on 2006-12-29
66. CA GR SP 79254: MANUELA CORPORATION vs. HON. ESPERANZA FABON-VICTORINO, et al.
Before Us is a Petition for Certiorari under Rule 65 of the Revised
Rules of Court filed by Petitioner Manuela Corporation (hereinafter
Petitioner) which seeks to set aside the Order dated 26 May 2003...
Promulgated on 2006-12-29
67. CA GR CR 29851: PEOPLE OF THE PHILIPPINES vs. DANILO PARAISO y OLARTE
On appeal is the Decision of the Regional Trial Court, Branch 4, Manila, convicting appellant Danilo Paraiso y Olarte, alias "Danny Tipos"...
Promulgated on 2006-12-29
68. CA GR CV 85910: IGLESIA NI CRISTO with its Executive Minister Erano G. Manalo vs. REPUBLIC OF THE PHILIP
The Republic through its statutory counsel the Office of the Solicitor General interposes an appeal from the Decision dated August 18, 2005...
Promulgated on 2006-12-29
69. CA GR SP 90476: Sps. ALEXANDER and AVELINA ALCANTARA vs. HERSON D. SALONGA
This resolves the instant Petition for Review under Rule 42 of the 1997 Rules of Civil Procedure, seeking the reversal of the Decision dated January 31, 2005...
Promulgated on 2006-12-29
70. CA GR SP 91250: ROSARIO TERESITA ORTIZ-LUIS, et al. vs. DAR ADJUDICATION BOARD, DILIMAN, Q C, ISIDRO GUTIETTEZ
In this petition for review, petitioners Rosario Teresita Ortiz-Luis,et al. challenge the Decision promulgated on August 16, 2004 by the Department of Agrarian Reform Adjudication Board (DARAB) in DARAB Case No. 4275,...
Promulgated on 2006-12-29
71. CA GR SP 79649: FULGENCIO LOPEZ, et al. vs. CATALINA S. VDA. DE TALPLACIDO
The dominant issue of this case is forum-shopping, Down the
brass tacks, the question is whether the respondent Catalina S. Vda.
de Talplacido engaged in forum-shopping when she filed a complaint
for forcible entry...
Promulgated on 2006-12-29
72. CA GR CV 87005: SPS. ZALDY M. MATEO and EVELYN P. MATEO vs. SPS. CIELITO A. and REBECCA A. SANTIAGUEL
Counsel for plaintiffs-appellants received the notice to file brief on 11 August 2006 which expired last 09 October 2006....
Promulgated on 2006-12-29
73. CA GR SP 97011: REYNALITA M. MANUEL-SANTANA vs. HON. PERPETUA ATAL-PANO, et al.
The Petition for Certiorari with prayer for the issuance of a temporary restraining order and/or writ of preliminary injunction is DENIED DUE COURSE...
Promulgated on 2006-12-29
74. CA GR CV 77456: ARMANDO CRUZ vs. PHILIPPINE NATIONAL RAILWAYS
This is an appeal interposed by defendant-appellant
Philippine National Railways (or "PNR"), praying for the reversal
of the Resolution dated March 2, 2000,...
Promulgated on 2006-12-29
75. CA GR SP 90157: NENETH ALONZO vs. N L R C, COLEGIO DE STA. ROSA MAKATI, et al.
Before Us is a petition for certiorari seeking to reverse and set
aside (1) the Decision dated 10 January 2005 of the National Labor
Relations Commission (NLRC),...
Promulgated on 2006-12-29
76. CA GR CV 84765: MARISSA PARAGAS and VIRGINIA PARAGAS vs. FIDEL SARSOSA, JR., FIDEL SARSOSA, SR., ET AL.
Before this Court is defendants-appellees' Motion to Dismiss
Plaintiffs-Appellants' Appeal praying for the dismissal of the appeal
interposed by plaintiffs-appellants from the Order dated December 17, 2004...
Promulgated on 2006-12-29
77. CA GR CV 85707: THE HEIRS OF MARCOS PANELO vs. THE HEIRS OF SPS. DIONISIO and CONSOLACION FACELO
Appellants seek reconsideration of Our Resolution dated March 20,
2006, praying that they be spared from the consequences of their lawyer's
shortcomings....
Promulgated on 2006-12-29
78. CA GR CV 85785: BRENDA RAMOS QUADRA vs. DANIEL MONJE QUADRA
Before the Court is an appeal from the Decision dated June 27, 2005 in Civil Case No. 910-M-02 of Branch 13, Regional Trial Court, Malolos, Bulacan...
Promulgated on 2006-12-29
79. CA GR CR 29250: PEOPLE OF THE PHILIPPINES vs. ANALYN DISTOR
Assailed in this appeal is the Decision dated October 26, 2004 in Criminal Case No. 4340-R of Branch 53, Regional Trial
Court, Rosales, Pangasinan...
Promulgated on 2006-12-29
80. CA GR CR 01940: PEOPLE OF THE PHILIPPINES vs. RUDY BUDUHAN, ROBERT BUDUHAN
Probable cause has been defined as an actual belief or
reasonable grounds of suspicion....
Promulgated on 2006-12-29
81. CA GR CR 02223: PEOPLE OF THE PHILIPPINE vs. NESTOR NOLLES alias NEGRO
Murder is the unlawful killing of any person when
qualified by any of the circumstances listed under Article 248
of the Revised Penal Code....
Promulgated on 2006-12-29
82. CA GR CV 63739: SAMPAGUITA GARMENTS CORPORATION vs. UCPB GENERAL INSURANCE, INC., et al.,
Considering the "Joint Motion To Dismiss" filed by the
parties to the case upon the ground that they have amicably
settled their controversy,...
Promulgated on 2006-12-29
83. CA GR CV 69922: AMBROSIO M. REYES, et al. vs. METROPOLITAN BANK AND TRUST COMPANY, et al.
A summary judgment is the definitive mode of expediting a
case where there is no genuine triable issue of fact. Arradaza vs
Court of Appeals 170 SCRA 12....
Promulgated on 2006-12-29
84. CA GR CR 00494: PEOPLE OF THE PHILIPPINES vs. JOSEPH SERRANO and ANTHONY SERRANO
In a prosecution for illegal sale of regulated or
prohibited drugs the law applicable now is Section 5, Article II
of Republic Act No. 9165,...
Promulgated on 2006-12-29
85. CA GR CR 01341: PEOPLE OF THE PHILIPPINES vs. PAZ ROSALES y BULA
In a prosecution for illegal sale of regulated or prohibited
drugs, the law now applicable is Section 5, Article II of
Republic Act No. 9165,...
Promulgated on 2006-12-29
86. CA GR CR 29533: PEOPLE OF THE PHILIPPINES vs. RICARDO VELILLA Y BAUTISTA
No search and seizure can lawfully be conducted
without a valid warrant issued by a competent judicial
authority....
Promulgated on 2006-12-29
87. CA GR CV 85449: SPS. ELEUTERIO C. and VICTORIA S. MAGHIRANG vs. REPUBLIC OF THE PHILIPPINES
In order for a person to successfully apply for
registration under Presidential Decree 1529 or Commonwealth
Act No. 141,...
Promulgated on 2006-12-29
88. CA GR SP 92309: BIENVENIDO VILLEGAS, N. DELA MERCED & SONS, INC. vs. HON. PATRICIA STO. TOMAS, et al.
Acting on petitioners' Motion for Reconsideration of Our Decision
dated July 13, 2006, the Court finds no new matters which were not taken
into consideration...
Promulgated on 2006-12-29
89. CA GR CV 82736: SPOUSES ENGR. ADOR B. MUNOZ et al. vs. FONTANA RESORT AND COUNTRY CLUB, INC. et al.
This is an appeal from the Decision dated April 1, 2004 in Commercial Case No. 008 of Branch 42, Regional Trial Court, San Fernando City, Pampanga...
Promulgated on 2006-12-29
90. CA GR CV 76362: HERMINIA N. CANDO vs. SPOUSES ROGER and ROSARIO RAMIREZ, et al.
This is an appeal from the Decision dated August 22, 2002 in Civil Case No. MC-98-248 of Branch 214, Regional Trial Court, Mandaluyong City,...
Promulgated on 2006-12-29
91. CA GR CV 84050: MA. CHRISTINA R. MONASTERIO vs. SPS. CARLOS and MARIA LOURDES PILAPIL
This is an appeal from the Order dated May 10, 2004 in Civil
Case No. T-988 of Branch 30, Regional Trial Court (RTC), San Jose,
Camarines Sur...
Promulgated on 2006-12-29
92. CA GR CR 29331: THE PEOPLE OF THE PHILIPPINES vs. PABLITO CAINDOY
On appeal before Us is the Decision dated 16 August 2004 of the
Regional Trial Court (RTC), National Capital Judicial Region, Branch 66
of Makati City...
Promulgated on 2006-12-29
93. CA GR CR 02416: PEOPLE OF THE PHILIPPINES vs. RAYMUNDO BARJA
This is an Intermediate Review of the Decision dated 12 May
2004 of the Regional Trial Court, 4th Judicial Region, Branch 50, of
Palawan and Puerto Princesa City in Criminal Case No. 15979...
Promulgated on 2006-12-29
94. CA GR SP 95108: HEDY S. AGANAN vs. HON. MARVEL CLAVECILLA, et al.
Before Us is a Petition for Review under Rule 42 of the Revised
Rules of Court filed by Respondent-Appellant ROMMEL S. JINDANI assailing the Decision dated 24 April 2006...
Promulgated on 2006-12-29
95. CA GR SP 83128: ADELINA R. SALOSAGCOL, et al. vs. HON. ANTHONY Q. SISON, et al.
In this Petition for Certiorari under Rule 65 of the Revised Rules
of Court,the Petitioners are seeking the reversal of the Order dated 30 October 2003...
Promulgated on 2006-12-29
96. CA GR CV 83617: ATANACIA C. REDONDO-QUERIJERO, et al. vs. CASIANO H. GUZMAN, et al.
Appeal from the Decision of the Regional Trial Court of Baler, Aurora,
Branch 96, in Civil Case No. 477...
Promulgated on 2006-12-28
97. CA GR CR 29595: PEOPLE OF THE PHILIPPINES vs. SONNY ARCE, LUZ GOTIS, et al.
Sonny Arce ("accused-appellant") appeals the August 15, 2005
Decision of the Regional Trial Court of Palayan City, Branch 40,...
Promulgated on 2006-12-28
98. CA GR SP 94385: SPOUSES NEMESIO DELICA and EMELDA DELICA vs. HON. PABLO R. CHAVEZ, et al.
After a thorough study of the issues raised in the Motion for
Reconsideration filed by private responden...
Promulgated on 2006-12-28
99. CA GR CV 85179: REPUBLIC OF THE PHILIPPINES vs. NAVY OFFICERS' VILLAGE ASSOCIATION, INC. (NOVAI), et al.
The State has appealed the Decision dated August 20, 2004 of the
Regional Trial Court of Pasig City, Branch 67, in Civil Case No. 63983,...
Promulgated on 2006-12-28
100. CA GR SP 91717: PHILIPPINE NATIONAL BANK vs. AUTOVILLE SALES, INC., et al.
"Novation which consists in substituting a new debtor in the
place of the original one, may be made even without the
knowledge or against the will of the latter, but not without the
consent of the creditor."...
Promulgated on 2006-12-28
101. CA GR SP 95711: TEODULO MATUDIO, JR., et al. vs. HON. MANUEL C. LUNA, JR., et al.
Assailed in this Petition for Certiorari, with prayer for the issuance of a
temporary restraining order and/or writ of preliminary injunction as tainted with
grave abuse of discretion,...
Promulgated on 2006-12-28
102. CA GR SP 92864: MA. TERESA BAUTISTA vs. PRODUCERS RURAL BANKING CORPORATION
This appeal by petition for review seeks to overturn the decision dated
January 3, 2006 of the Regional Trial Court, Third Judicial Region, Branch 32 of
Guimba, Nueva Ecija...
Promulgated on 2006-12-28
103. CA GR CV 86125: JOSEFINA CARINO-LAMBINO, et al. vs. JUANA CARINO, FELY CARINO-DECENA, et al.,
On appeal by plaintiffs Josefina Carino-Lambino and Lilia
Carino is the Resolution of the Regional Trial Court of Dagupan City
("RTC") dated December 7, 2004,...
Promulgated on 2006-12-28
104. CA GR SP 93828: REPUBLIC OF THE PHILIPPINES, et al. vs. Hon. RIZALINA T. CAPCO-UMALI, et al.
"(J)ustice demands that we act then, not only for the vindication
of outraged rights, though gone, but also for the guidance of and as
a restraint upon the future."...
Promulgated on 2006-12-28
105. CA GR SP 60822: EDER R. RANIDO vs. NLRC and PHILUSA CORPORATION
Challenged in this petition for certiorari under Rule 65 of the
Rules of Court are the resolutions of the Third Division of the National
Labor Relations Commission (NLRC) in NLRC NCR CA No. 020311-99,...
Promulgated on 2006-12-28
106. CA GR SP 59730: ENGINEERING AND CONSTRUCTION CORPORATION OF ASIA et al. vs. NLRC, et al.
Before Us is a petition for certiorari under Rule 65 of the Rules of Court,
assailing the following resolutions of the Third Division of the National Labor
Relations Commission (NLRC):...
Promulgated on 2006-12-28
107. CA GR SP 94012: SPS. LETICIA S. RODRIGO and JOSE PAGUIA vs. EUGENIO TUVIERA and HERMINIA SAN VICENTE TUVIERA
On September 15, 2006, a Motion to Withdraw as Counsel was filed
by the Soriano Law Office informing this Court that it is withdrawing its
appearance as counsel for petitioners....
Promulgated on 2006-12-28
108. CA GR CV 66382: PMO SHIPPING LINES, et al. vs. AVELINO C. MORALA, et al.
This is an appeal from the Decision dated 15
September 1999 of the Regional Trial Court (RTC), Branch
10, Manila...
Promulgated on 2006-12-28
109. CA GR SP UDK 5634: HEIRS OF THE LATE DON MARIANO SAN PEDRO y ESTEBAN vs. MARIO, ROBERTO, VIRGILIO, et al.
A perusal of the petition reveals that petitioners failed:...
Promulgated on 2006-12-28
110. CA GR SP 88010: CAPITOL ALLIED TRADING vs. NATIONAL LABOR RELATIONS COMMISSION and DANILO BASER
Assailed in this petition for certiorari filed pursuant to Rule 65 of the
1997 Rules of Civil Procedure is the Resolution dated September 15, 2004...
Promulgated on 2006-12-28
111. CA GR SP 95927: RENE CARLOS P. BARRETTO vs. HONORABLE SECRETARY OF JUSTICE RAUL M. GONZALES AND WISE & COMPANY
The present petition seeks to annul and reverse the Resolution dated April
25, 2006 of respondent Secretary of Justice reversing the resolution...
Promulgated on 2006-12-28
112. CA GR SP 95704: AMADEO E. BALON, JR., et al. vs. BPI FAMILY SAVINGS BANK, INC.,
This is a petition for review under Rule 42 seeking to reverse and set
aside the Decision dated January 4, 2006 of the Regional Trial Court of Manila,...
Promulgated on 2006-12-28
113. CA GR SP 96234: PHILIPPINE COMMERCIAL INTERNATIONAL BANK vs. HON. MARISSA M. GUILLEN, et al.
Assailed in this petition for certiorari under Rule 65 is the Order dated
June 7, 2006 dismissing petitioner's complaint for failure to prosecute,...
Promulgated on 2006-12-28
114. CA GR SP 96854: NAGKAKAISANG MANGGAGAWA NG ISETANN-SUPER, et al. vs. NATIONAL LABOR RELATIONS COMMISSION, et al.
Assailed in this petition for certiorari under Rule 65 is the Resolution dated
May 5, 2006 affirming the Decision dated May 25, 2005 of the Labor Arbiter...
Promulgated on 2006-12-28
115. CA GR SP 93986: CONCEPTION SOLIS-FOJAS vs. BERNABE MENDOZA
The petitioner seeks to reverse and set aside the Decision promulgated
on March 30, 2005, by the Department of Agrarian Reform Adjudication
Board (DARAB) in DARAB CASE No. 10984 and to reinstate the Decision
dated March 28, 2001 rendered by the Provinc...
Promulgated on 2006-12-28
116. CA GR CR 29921: PEOPLE OF THE PHILIPPINES vs. SOFRONIO C. SANTOS
In the decision dated June 6, 2005 of the Regional Trial Court
of Quezon City, Branch 81, in Criminal Case No. Q-99-89144,
accused-appellant Sofronio C. Santos a.k.a. Rudy Santos was
found guilty of rape under paragraph 2 of Article 266-A of the
Revis...
Promulgated on 2006-12-28
117. CA GR SP 93919: STA. CLARA HOUSING INDUSTRIES, INC. vs. HON. EUGENE C. PARAS, et al.
In this special civil action for certiorari, petitioner posits that,
having ceased to operate as a commercial bank, private respondent
can no longer collect the loans it extended to clients while it was still
operating as a banking institution....
Promulgated on 2006-12-28
118. CA GR SP 96443: JACINTA R. ABULENCIA vs. NATIONAL LABOR RELATIONS COMMISSION
This is a petition for certiorari under Rule 65 seeking to reverse and set
aside the Decision dated May 31, 2006 affirming the Decision...
Promulgated on 2006-12-28
119. CA GR SP 97126: ECE REALTY and DEVELOPMENT, INC. vs. SPS. DANILO & NENETTE CATBAGAN
For failure of petitioner to attach to its petition copies of pleadings and
other material portions of the record (i.e., Complaint, Answer with Compulsory
Counterclaim, and petitioner's Position Paper filed with the Regional Field
Office No. IV of the...
Promulgated on 2006-12-28
120. CA GR SP 89555: AREFLOR FUNERAL HOMES, INC. and/or PEDRO A. ISON vs. NATIONAL LABOR RELATIONS COMMISSION, et al.
Challenged in this petition for certiorari filed pursuant to Rule 65 of
the 1997 Rules of Civil Procedure is the Decision dated October 28, 2004...
Promulgated on 2006-12-28
121. CA GR SP 79720: MESSRS. JESS KIOK and WILLY KIOK vs. HON. AMOR A. REYES, et al.
This resolves the Opposition filed by the petitioners dated March 30,
2006, praying for the denial of private respondent's Motion for Issuance of
Entry of Judgment and Remand of Case Records....
Promulgated on 2006-12-28
122. CA GR CR 00397: PEOPLE OF THE PHILIPPINES vs. ANTONIO CABINTA y MACARAEG
Accused-appellant Antonio Cabinta y Macaraeg (or "appellant")
appeals from the October 4, 2004 decision rendered by the Regional Trial
Court of Manila, Branch 2,...
Promulgated on 2006-12-28
123. CA GR CV 83379: LITTLE FLOWER NEIGHBORHOOD COMMUNITY SCHOOL vs. STAFIN OLSIM and THE REGISTER OF DEEDS OF BENGUET
This is an appeal from the Judgment of the Regional Trial
Court (RTC), Branch 62, La Trinidad, Benguet, dated April 1, 2004, in
Civil Case No. 2K-CV-1540,...
Promulgated on 2006-12-28
124. CA GR SP 93394: DR. JUANITO ADIARTE RUBIO vs. THE HONORABLE OMBUDSMAN and BAYANI MIRA
Before the Court is a petition for review of the Decision dated November 11, 2005 and Order dated December 7, 2005 of public respondent Office of the Ombudsman in OMB-C-A-04-0342-G...
Promulgated on 2006-12-28
125. CA GR CR 00551: PEOPLE OF THE PHILIPPINES vs. EVELYN BOHOL Y TALAOGAN et al.
This appeal was interposed by the accused Evelyn Bohol y Talaogan (a.k.a. Evelyn Bohol Davis, or Dianita Bohol Davis) in an attempt to reverse and set aside the Decision promulgated on November 25, 2004 by the Regional Trial Court, Branch 141, of Makati C...
Promulgated on 2006-12-28
126. CA GR CR 27271: PEOPLE OF THE PHILIPPINES vs. CHARLIE Q. CARLOS
Before us is an appeal from the decision, dated January 19, 1993, of the Regional Trial Court of Dagupan, Branch 44, convicting accused Charlie Q. Carlos for Violation of Batas Pambansa Bilang 22 in Criminal Case No. D-10928,...
Promulgated on 2006-12-28
127. CA GR SP 83084: ENGR. RUBEN CORTEZ vs. NLRC, et al.
Before us is a petition for certiorari seeking to annul and set aside the
Decision dated August 28, 2003 and the Resolution dated January 14, 2004
of the National Labor Relations Commission (NLRC)....
Promulgated on 2006-12-28
128. CA GR SP 86161: SPOUSES SATURNINO FERNANDEZ and CRESENCIA DE VERA vs. ALFREDO DE GUZMAN, et al.
Before us is a petition for review of the Resolution dated November
21, 2002 of the Department of Agrarian Reform Adjudication Board
(DARAB) recognizing the right of redemption...
Promulgated on 2006-12-28
129. CA GR SP 90626: NON-WOVEN FABRICS PHILIPPINES INC. vs. N L R C and ZARINA SUGUITAN
In this Petition for Certiorari, petitioner seeks the annulment of the Resolutions of the National Labor Relations Commission dated March 31, 2005...
Promulgated on 2006-12-28
130. CA GR SP 95652: MYRNAFLOR CAALIM vs. HON. AUGUSTO T. GUTIERREZ, et al.
We have carefully examined the instant Petition for Review and
found the following infirmities which warrant its outright dismissal:...
Promulgated on 2006-12-27
131. CA GR SP 91990: ANICETO G. SALUDO, JR. vs. The Hon. Secretary of Justice, et al.
In a Petition for Certiorari filed under Rule 65 of the Rules of
Court, Aniceto G. Saludo, Jr. assails two Resolutions of the
Department of Justice ("DOJ"),...
Promulgated on 2006-12-27
132. CA GR CV 87907: PEOPLE OF THE PHILIPPINES vs. SHIRLEY P. CHAN et al.
This is an appeal, filed by private complainants and NBI Supervising Agent Marvin E. De Jemil of Tarlac, from the Order dated June 6, 2006 of the Regional Trial Court, Branch 67, Bauang, La Union...
Promulgated on 2006-12-27
133. CA GR CV 83164: MUNICIPAL RURAL BANK OF LIBMANAN (CAM. SUR), INC. vs. FRANCIA ROLDAN LOPEZ
Evidentiary sufficiency is at the heart of this appeal from the Decision
dated March 26, 2004 rendered by the Regional Trial Court of Libmanan,
Camarines Sur, Branch 29, in Civil Case No. L-781....
Promulgated on 2006-12-27
134. CA GR SP 89631: MARILENE JACINTO vs. FERNANDO JACINTO, JR., et al.
Filed pursuant to Rule 43 of the 1997 Rules of Civil Procedure, at
bench is a petition for review which seeks the reversal of the Decision...
Promulgated on 2006-12-27
135. CA GR SP 97237: THE HERITAGE HOTEL, MANILA vs. BUREAU OF LABOR RELATIONS et al.
The present petition is defective as it is not accompanied by such material portions of the record as referred to therein, to wit:...
Promulgated on 2006-12-27
136. CA GR SP 80700: REBECCA ZABAT vs. THE DEPARTMENT OF AGRARIAN REFORM ADJUDICATION BOARD, et al.
This is a special civil action for Certiorari, Prohibition and
Mandamus with prayer for the issuance of a Temporary Restraining
Order/Preliminary Injunction...
Promulgated on 2006-12-27
137. CA GR SP 89548: RICHARD E. BERNARDINO vs. NAVIGATOR SYSTEMS/MICRONETICS INTERNATIONAL, INC. and BETTINA QUIMSON
On May 12, 2005, a Resolution was issued by this Court
requiring the petitioner to rectify the defects in the petition....
Promulgated on 2006-12-27
138. CA GR CR 29163: MODESTO DELOS REYES vs. PEOPLE OF THE PHILIPPINES
Before Us is a Petition for Review under Rule 42 of the 1997
Revised Rules of Civil Procedure which seeks to annul the Decision
dated 29 September 2004 of the Regional Trial Court (RTC),...
Promulgated on 2006-12-27
139. CA GR SP 93885: HARVARD PRINTERS, INCORPORATED, and CEDRIC LEE vs. EDUARDO P. ABAN, N L R C and LABOR ARBITER
Impugned in this petition for certiorari, as tainted with grave abuse of
discretion amounting to lack or excess of jurisdiction,...
Promulgated on 2006-12-27
140. CA GR SP 85906: RAMON M. INOCENCIO vs. AMELIA CHETANDAS and HARISH CHETANDAS
On April 19, 2006, the Court issued a Resolution ordering counsel for
petitioner to submit a certified true copy of Death Certificet of petitioner....
Promulgated on 2006-12-27
141. CA GR SP 87044: FE R. REYES vs. N L R C AND INTERNATIONALCONTAINER TERMINAL SERVICES, INC., et al.
Before Us is a petition for certiorari seeking to reverse and set
aside the Resolution dated 14 June 2004 of the public respondent
National Labor Relations Commission (NLRC),...
Promulgated on 2006-12-27
142. CA GR SP 89481: LAND BANK OF THE PHILIPPINES vs. HON. ISMAEL P. CASABAR, et al.
Petitioner seeks reconsideration of Our Decision dated July 13, 2006
which dismissed the petition....
Promulgated on 2006-12-27
143. CA GR SP 91268: ONE STOP SOURCE, INC. vs. N L R C and JACINTO B. TAGUIAM
Assailed in this petition for certiorari is the Resolution of the
National Labor Relations Commission (NLRC) declaring that private
respondent was illegally terminated from employment,...
Promulgated on 2006-12-27
144. CA GR CV 64854: ADELAIDA T. BERNAL vs. ADELE A. JAUCIAN, PRISCILLA S. ALVAR, et al.
This ordinary appeal seeks to reverse and set aside the
decision dated August 9, 1999 of Branch 133, Regional Trial Court
(RTC) of Makati City...
Promulgated on 2006-12-27
145. CA GR CR 29377: PEOPLE OF THE PHILIPPINES vs. MARTIN ANDRES
Appeal by writ of error by the accused Martin Andres from the Decision of
the Regional Trial Court of Laoag City, Branch 12, in Criminal Case No. 9427-12,...
Promulgated on 2006-12-27
146. CA GR SP 95539: SALACNIB F. BATERINA vs. HON. JESUS B. MUPAS, et al.
Before the Court are two petitions for certiorari under Rule 65 of the
Revised Rules of Court that have been consolidated1 as they arose out of the
same facts set forth below....
Promulgated on 2006-12-27
147. CA GR CR 29816: PEOPLE OF THE PHILIPPINES vs. ROBERT ALMERIDO y MEDINA
The Entry of Appearance filed by Atty. Macario D. Arquillo as
counsel for accused appellant in collaboration with Atty. Juan Conrado A.
Respicio is NOTED....
Promulgated on 2006-12-27
148. CA GR SP 96100: MRS. LEONILA MARCELINO vs. DRA. ANGELINE REYES
The instant Petition for Certiorari is not the proper remedy
to review and reverse the judgment of conviction by the Regional
Trial Court but ordinary appeal....
Promulgated on 2006-12-27
149. CA GR SP UDK 5611: MARITES D. GOMEZ and JAMES PAUL DINULOS vs. HON. ANTONIO T. MANZANO, et al.
The instant petition for certiorari with prayer for the issuance of
a Temporary Restraining Order and/or Writ of Preliminary Mandatory
Injunction...
Promulgated on 2006-12-27
150. CA GR CV 62485: JARDINE DAVIES INSURANCE BROKERS, INC. vs. EASTERN SHIPPING LINES, INC., et al.
Before Us is an Appeal from the Decision dated May 27, 1998 of the Regional Trial Court (RTC), Branch 10, City of Manila
in Civil Case No. 85-31788...
Promulgated on 2006-12-27
151. CA GR SP 92295: TAIYU FOOD PRODUCTS CORPORATION, et al. vs. HON. PATRICIA STO. TOMAS, DOLE, et al.
Challenged in this Petition for Certiorari under Rule 65 of the 1997
Rules of Civil Procedure are [1] the May 13, 2005 Order of the Secretary of
Labor and Employment...
Promulgated on 2006-12-27
152. CA GR CV 64942: ROMEO SANTOS vs. GENERAL MILLING CORPORATION et al.
Before Us is an appeal from the Order dated July 5, 1999 of
the Regional Trial Court (RTC), Branch 43, San Fernando,
Pampanga dismissing the complaint in Civil Case No. 11815...
Promulgated on 2006-12-27
153. CA GR CR 00369: PEOPLE OF THE PHILIPPINES vs. ISIDRO BERMUNDO y DOE
Before Us is an appeal from the Judgment dated 5 October 2004 of the Regional Trial Court, Branch 57, Libmanan, Camarines Sur...
Promulgated on 2006-12-27
154. CA GR CR 29505: PEOPLE OF THE PHILIPPINES vs. JESSIE URBANO Y GROSPE
Before Us on appeal is the July 4, 2005 Decision of the
Regional Trial Court (RTC) of Tarlac City, Branch 64, in Criminal
Case No. 13551, convicting the accused...
Promulgated on 2006-12-27
155. CA GR CV 84146: NELSON D. LAVINA vs. ATTY. CORAZON C. CHAVEZ, ATTY. EJERCITO and "GINA"
On appeal is the April 14, 2004 Decision of the Regional Trial
Court (RTC) of Pasig City, Branch 266, in Civil Case No. 69373,...
Promulgated on 2006-12-27
156. CA GR CV 85265: BANK OF THE PHILIPPINE ISLANDS vs. FELIX GUMABAO and LUCILA GUMABAO
Before Us is an appeal from the May 17, 2005 Decision of the
Regional Trial Court (RTC), Branch 149 of Makati City in Civil Case
No. 04-316...
Promulgated on 2006-12-27
157. CA GR SP 91861: GEORGINA T. TUMIBAY vs. JOSE SURDIVILLAR
Before Us is this petition for review under Rule 42 of the
Revised Rules of Court seeking the reversal and setting aside of the
December 15, 2004 Decision of the Regional Trial Court (RTC)...
Promulgated on 2006-12-27
158. CA GR SP 90669: VICTORIA MENDOZA vs. N L R C (1st Div.) Labor Arbiter PATRICIO LIBO-ON, et al.
Before Us is a Petition for Certiorari under Rule 65 of the
Revised Rules of Court seeking the annulment of the March 28, 2005
and May 18, 2005...
Promulgated on 2006-12-27
159. CA GR CV 66785: RUBEN INFANTE vs. DANTE CHUA
Before the Court are the respective appeals filed by plaintiffappellant
Ruben Infante and defendant-appellant Dante Chua from the Decision dated January 24, 2000 in Civil Case No. 10614 of Branch 47, Regional Trial Court, San Fernando, Pampanga...
Promulgated on 2006-12-27
160. CA GR CV 78226: NEW REGENT SOURCES, INC. vs. PNB GENERAL INSURERS COMPANY, INC.
Before Us is an appeal from the December 19, 2002 Decision
of the Regional Trial Court (RTC) of Manila, Branch 15, in Civil Case
No. 97-83709...
Promulgated on 2006-12-27
161. CA GR CV 77792: HEIRS OF EMETERIA PARALE vs. SPS. ABRAHAM FLORENDO AND LUISA FLORENDO, et al.
Before Us is an Appeal from the Order dated November 15,
2002 of the Regional Trial Court (RTC) of Labo, Camarines Norte,
Branch 64, in Civil Case No. 97-0069 for Recovery of Property to
Quiet Title and Damages,...
Promulgated on 2006-12-22
162. CA GR CR 02079: PEOPLE OF THE PHILIPPINES vs. ROBERTO GINGOS Y LATABI & NESTOR MARGOTE Y CAICDOY
Before Us on automatic review is the Decision of the Regional Trial Court of Muntinlupa City, Branch 276, dated March 7, 2003 convicting the accused-appellants of the crime of Rape....
Promulgated on 2006-12-22
163. CA GR SP 95440: MASTER C RE DE, INC. vs. HONORABLE PRESIDING JUDGE ELVIRA PANGANIBAN AND RESTITUTO I. SANTOS
In a Resolution dated 4 August 2006, this Court granted
petitioner's Motion for Extension of Time of fifteen (15) days
from 14 September or until 29 September 2006, within which
to file its Petition for Certiorari and Prohibition....
Promulgated on 2006-12-22
164. CA GR CR 27270: PEOPLE OF THE PHILIPPINES vs. V I R G I N I A C O S O N , et al.
Before us are the accused-appellants Coson and Rosario's
Motions for Reconsideration of the Decision dated May 31, 2006 of
this Court finding them guilty beyond reasonable doubt of the crime of
estafa under paragraph 1(b), Article 315 of the Revised Pe...
Promulgated on 2006-12-22
165. CA GR CV 68987: INOCENCIA ROMERO vs. MR. & MRS. PABLO EVANGELISTA, et al.
Before this Court is an appeal from the Decision dated June
30, 2000 rendered by the Regional Trial Court, Branch 2, Pallocan
West, Batangas City in Civil Case No. 2571,...
Promulgated on 2006-12-22
166. CA GR SP 90629: DANILO JASMIN vs. NLRC Third Division, et al.
This is a petition for certiorari under Rule 65 of the 1997 Rules
of Court filed by petitioner Danilo Jasmin ("Jasmin") who seeks the
annulment of two resolutions and an order of the National Labor
Relations Commission ("NLRC") in the illegal d...
Promulgated on 2006-12-22
167. CA GR CV 82402: ALFREDO G. TRINIDAD vs. HONORABLE CITY MAYOR OF BAGUIO, ET AL.
This is an appeal from the 3 February 2004 Order of the Regional Trial Court dismissing the plaintiff-appellant Alfredo G. Trinidad's complaint for Injunction and at the same time maintaining the earlier finding and disposition of that court dated...
Promulgated on 2006-12-22
168. CA GR CV 83355: FORTUNATA F. IGNACIO vs. ANTONIO F. IGNACIO
Before us is an appeal from the Decision of the Regional Trial Court,
Branch 11, Malolos, Bulacan directing the cancellation of the adverse claim
annotated on the certificates of title...
Promulgated on 2006-12-22
169. CA GR SP 92532: SPS. VIRGILIO AND ELMA MORENO vs. SPS. CRISTINO AND ADELINA SAN JOSE
Before Us is a petition for review with application for temporary
restraining order and injunction seeking to reverse and set aside the
Decision dated August 10, 2005 of the Regional Trial Court of
Paranaque City, Branch 196 (RTC) in Civil Case...
Promulgated on 2006-12-22
170. CA GR SP 94610: APOLONIA MARZAN, et al. vs. SPOUSES PLACIDO DELA CRUZ, et al.
This is an appeal from the Resolution dated March 10, 2004 of the
Regional Trial Court, Branch 89, Baloc, Sto. Domingo, Nueva Ecija
dismissing the petition for certiorari,...
Promulgated on 2006-12-22
171. CA GR SP 95246: PEARL-JAM BARBERSHOP AND/OR ESPERANZA S. LONGINO vs. NLRC, et al.
The only issue posed by the present controversy is whether or
not a barber is an employee of the owner of the barbershop despite
the defense of joint venture agreement raised by the latter. Both the
Labor Arbiter and the NLRC answered the issue in the...
Promulgated on 2006-12-22
172. CA GR CR 01437: PEOPLE OF THE PHILIPPINES vs. ROBERTO PAJABERA y DOE
This is an appeal of the Decision of the Regional Trial Court (RTC for brevity) of Calabanga, Camarines Sur, Branch 63, convicting appellant Roberto Pajabera y Doe of the crime of Murder....
Promulgated on 2006-12-22
173. CA GR SP 96926: JP LATEX TECHNOLOGY, INC., TASUYA OGINO vs. HON. ROMEO C. DE LEON, et al.
By grave abuse of discretion is meant capricious and whimsical exercise of judgment as is equivalent to lack of jurisdiction....
Promulgated on 2006-12-22
174. CA GR CV 70903: FIL-LABOR CONTRACTORS INC. vs. BANK OF THE PHILIPPINE ISLAND
By the nature of its functions, a bank is required to take
meticulous care of the deposits of its clients, who have the right to
expect high standards of integrity and performance from it....
Promulgated on 2006-12-22
175. CA GR SP 94826: INTEL TECHNOLOGY, PHIL., INC., ET AL. vs. THE NATIONAL LABOR RELATIONS COMMISSION, ET AL.
Acting on the "Joint Motion To Dismiss" dated December 7, 2006
filed by herein parties through their respective counsel,...
Promulgated on 2006-12-22
176. CA GR SP 90423: CHINA BANKING CORPORATION vs. HON. JOSE G. PANEDA, et al.
The Motion to Withdraw Appearance as counsel for private
respondents filed by Camara Arriero Tolentino Maristela & Associates
Law Office thru Atty. Amorsolo V. Camara,...
Promulgated on 2006-12-22
177. CA GR CV 75194: GIL T. IDAVA vs. CECILIA A. SABENIANO-IDAVA, et al.
This is an appeal by the Republic of the Philippines, through the
Office of the Solicitor General ("OSG"), from the Decision dated April
25, 2002 of the Regional Trial Court of Quezon City, Branch 106, in
Civil Case No. Q-00-39718,...
Promulgated on 2006-12-22
178. CA GR CV 67656: ANTONIO ISIDRO, et al. vs. ANSELMO DUMALI, et al.
This appeal filed under the 1997 Rules of Civil Procedure seeks
to set aside the February 29, 2000 Decision of Regional Trial Court
of Sanchez Mira, Cagayan, Branch 12, in Civil Case No. 1666-S,
which dismissed appellants' complaint...
Promulgated on 2006-12-22
179. CA GR SP 97072: IMELDA MENESES AND AMALIA ESTRADA vs. SONIA C. DE VERA
We have carefully examined the instant Petition for Review and
find the following infirmities which warrant its outright dismissal:...
Promulgated on 2006-12-22
180. CA GR SP 94248: SALVADOR ALFARO, et al. vs. HON. ROSARIO C. CRUZ, et al.
This is a Petition for Certiorari assailing the trial court's Orders
dated November 15, 2005 and February 10, 2006 denying
petitioner's affirmative defenses in his Answer and his Motion for
Reconsideration, respectively,...
Promulgated on 2006-12-22
181. CA GR CV 62474: CONSOLIDATED SUGAR CORPORATION vs. GENERAL ELECTRIC, PHILIPPINES, INC.
This is a Joint Manifestation filed by the parties thru their
respective counsels, stating that they agree to withdraw the instant
appeal in view of their understanding to amicably settle this case....
Promulgated on 2006-12-22
182. CA GR SP 67047: ALLAN RAYMOND R. IGNACIO vs. N L R C, AMA COMPUTER COLLEGE EAST, et al.
Before Us is a Petition for Certiorari filed by Allan
Raymond R. Ignacio ("Ignacio") pursuant to Rule 65 of
the 1997 Rules of Court...
Promulgated on 2006-12-22
183. CA GR CV 71698: ROMAN C. LUMBAO vs. CARLOS MADRILEJOS, SR.
This is an appeal from the decision dated August 20, 2001 of
the Regional Trial Court of Sorsogon, Sorsogon, Branch 53, in Civil
Case No. 97-6410,...
Promulgated on 2006-12-22
184. CA GR CV 83896: SPS. JULIO AND JESSICA TAN vs. REPUBLIC OF THE PHILIPPINES
This is an appeal from the Decision (Records, pp. 49-54) of the
2nd Municipal Circuit Trial Court, in Silang-Amadeo, Cavite in LR Case
No. 2001-269 for registration of title,...
Promulgated on 2006-12-22
185. CA GR CR 25909: THE PEOPLE OF THE PHILIPPINES vs. PORFIRIO IPOSADA
On appeal is the Decision dated 10 March 2000 of the Regional
Trial Court (RTC), Fourth Judicial Region, Branch 80 of Morong, Rizal, in
Criminal Case No. 3189-M,...
Promulgated on 2006-12-22
186. CA GR CR 00887: PEOPLE OF THE PHILIPPINES vs. JOJO ACOSTA Y OLIVAS
Accused-appellant Jojo Acosta y Olivas ("appellant") appeals
from the Decision of the Regional Trial Court of Ballesteros,
Cagayan (Branch 33), dated October 8, 2003, in Criminal Case No.
33-234-98,...
Promulgated on 2006-12-22
187. CA GR CR 01215: PEOPLE OF THE PHILIPPINES vs. SUMMY BARIJA Y PANTILLO, et al.
Accused-appellants Summy Barija y Pantillo ("Barija"), Manuel
Hermo y Bangzuela ("Hermo") and Eduardo Atienza y Leonardo
("Atienza") are before Us in this appeal from the joint Decision of the
Regional Tr...
Promulgated on 2006-12-22
188. CA GR SP 89585: ALBERTA DE JOYA IGLESIAS vs. THE OMBUDSMAN, et al.
Challenged before this Court, via a petition for review under
Rule 43 of the Revised Rules of Court, are (a) the Resolution dated
February 7, 2005 of the Office of the Ombudsman...
Promulgated on 2006-12-22
189. CA GR SP 95407: RUSTICA CABIGAO SANTOS AND ELPIDIO CABIGAO vs. HEIRS OF FRANCISCO ROBLES
In the interest of justice, the Motion to Admit Petition for Review
filed by petitioners thru counsel, for the reasons stated therein, is
GRANTED and the Petition for Review attached thereto, is
ADMITTED....
Promulgated on 2006-12-22
190. CA GR SP 94793: MARINA SANTOS, et al. vs. FLORLITA FAJARDO
Before this Court is a petition for review under Rule 42 of the 1997 Revised Rules of Civil Procedure,...
Promulgated on 2006-12-22
191. CA GR CV 67078: ALFREDO S. FERNANDEZ, et al. vs. SPS. JOSE AND CORAZON FERNANDEZ
On appeal before this Court is the Decision dated 12
January 2000 of the Regional Trial Court, Third Judicial
Region, Branch 67, Paniqui, Tarlac...
Promulgated on 2006-12-22
192. CA GR CR 01614: PEOPLE OF THE PHILIPPINES vs. SPO1 BENJAMIN PAPA Y POLLANTES
Appeal from the Decision1 of the Regional Trial Court of Makati City,
Branch 62, in Criminal Case No. 97-366, finding the accused SPO1 Benjamin
Papa y Pollantes guilty beyond reasonable doubt of the crime of Murder...
Promulgated on 2006-12-22
193. CA GR CR 001: THE PEOPLE OF THE PHILIPPINES vs. ARNOLD CAMCAM Y NATO
On March 6, 2006, a Resolution was issued by this Court requiring
the Branch Clerk of Court/Officer-in-Charge of the Regional Trial
Court,...
Promulgated on 2006-12-22
194. CA GR SP 96660: ALFREDO P. OCAMPO vs. NATIONAL LABOR RELATIONS COMMISSION, et al.
The present Petition for Certiorari faces outright dismissal
on the following grounds:...
Promulgated on 2006-12-22
195. CA GR CV 86160: ESTELITA T. TUBIG, et al. vs. REPUBLIC OF THE PHILIPPINES
Before Us is an appeal from the Decision dated 28 October
2005 of the Metropolitan Trial Court (MetTC), Branch 73, Pateros, Metro Manila granting the application for land registration in Land
Registration Case No. 55-03, LRA Record No. 75723...
Promulgated on 2006-12-22
196. CA GR SP 82628: LOLITA CAUGUIRAN DOMINGO, et al. vs. SPOUSES ELVIRA R. HERAS AND ANTONIO M. AUSTRIA
For resolution is a petition for review under Rule 42 of the
1997 Rules of Civil Procedure filed by petitioners...
Promulgated on 2006-12-22
197. CA GR SP 93900: ST. VINCENT ACADEMY, et al. vs. NLRC, HON. EXEC. LABOR ARBITER VITO C BOSE, et al.
Before this Court is a petition for certiorari filed under Rule 65
of the Rules on Civil Procedure assailing the October 26, 2005 and
February 27, 2006 Resolutions...
Promulgated on 2006-12-22
198. CA GR CV 61008: SPS. FACUNDO M. ROSARIO and FELICIDAD M. ROSARIO vs. CENTRAL PANGASINAN ELECTRIC COOPERATIVE
Before this Court is an appeal from the Decision dated June 29, 1998 of the Regional Trial Court, First Judicial Region, Branch 56, San Carlos City in Civil Case No. SCC-2094...
Promulgated on 2006-12-22
199. CA GR CV 85481: ROWEL P. DE LEON vs. MICHELLE R. SANTOS - DE LEON
This is an appeal from the Decision dated April 28, 2005, rendered by
the Regional Trial Court (hereafter RTC), Branch 17, Cavite City in Civil
Case No. N-7380 for Declaration of Nullity of Marriage,...
Promulgated on 2006-12-21
200. CA GR SP 95091: MATAPAT PILIPINO SECURITY & INVEST. AGENCY, INC., et al. vs. NATIONAL LABOR RELATIONS, et al.
This is a special civil action for certiorari under Rule 65 of the 1997
Rules of Civil Procedure, as amended, which seeks to set aside the
Resolution dated March 31, 2006...
Promulgated on 2006-12-21
201. CA GR CV 84427: BONIFACIO C. REGALADO, Rep by his Guardian GLICERIA C. REGALADO vs. NEREO J. PACULDO
On appeal is the Decision (Rollo, pp. 70-95) of July 16, 2004 rendered
by the Regional Trial Court Branch 81, Quezon City dismissing the petition
to quiet title...
Promulgated on 2006-12-21
202. CA GR CR 00034: PEOPLE OF THE PHILIPPINES vs. HENRY EVIDOR Y LEOBANG, et al.
This appeal was initially filed with the Supreme Court
and transferred to Us in a Resolution dated 6 September 2004...
Promulgated on 2006-12-21
203. CA GR SP 88076: HON. JOSEPH VICTOR G. EJERCITO vs. Hon. OSCAR P. BARRIENTOS, et al.
The power to rescind obligations is implied in reciprocal ones,
in case one of the obligors should not comply with what is incumbent
upon him....
Promulgated on 2006-12-21
204. CA GR CV 84183: SPOUSES SATURNINO and MARIETTA DUCLAYAN vs. ANTONIO CALAPATI, JR., ET AL.
After a thorough study of the issues raised in the Motion for
Reconsideration filed by plaintiffs-appellees in the above entitled case...
Promulgated on 2006-12-21
205. CA GR CR 00180: PEOPLE OF THE PHILIPPINES vs. ROLANDO PINEDA y ROBLEDO, et al.
ROLANDO PINEDA y ROBLEDO, CYNTHIA CODERES y HABLA and MICHAEL SAN JUAN y
CRUZ were all indicted in the Regional Trial Court, Branch 116 of Pasay City for violation of Section 5, Article II of Republic Act No. 9165 otherwise known as the Comprehensive Dan...
Promulgated on 2006-12-21
206. CA GR CV 55292: GODOFREDO VILLACORTA vs. DAMASA DEL ROSARIO
This Decision resolves respondent-appellant Damasa del Rosario's appeal from the Order dated July 16, 1996 issued by the Regional Trial Court, Branch 23 of Roxas, Isabela in OP No. Br. 23-03-93,...
Promulgated on 2006-12-21
207. CA GR CV 70758: SCARLET LINES MANUFACTURING, INC. vs. MORLINE LTD./FILSOV SHIPPING CO., INC., et al.
At the threshold of this Appeal is the liability of
defendant-appellants Morline Ltd. and Filsov Shipping Co.,
Inc. as common carriers....
Promulgated on 2006-12-21
208. CA GR SP 81732: STA. LUCIA REALTY & DEVELOPMENT, INC. vs. Spouses FRANCISCO & EMELIA BUENAVENTURA
This petition for review on certiorari was filed by Sta. Lucia
Realty & Development, Inc. (or Sta. Lucia for brevity) to annul and set aside
the decision of the Housing and Land Use Regulatory Board...
Promulgated on 2006-12-21
209. CA GR SP 57467: SPOUSES ARACELI OLIVA-DE MESA & ERNESTO DE MESA et al. vs. SPOUSES CLAUDIO ACERO JR. et al.
This is a petition for review under Rule 42 of the 1997 Rules
of Civil Procedures seeking to set aside the Order dated
November 22, 1999 of the Regional Trial Court (RTC), Branch 14,
Malolos, Bulacan,...
Promulgated on 2006-12-21
210. CA GR SP 93976: ANASTACIA S. ANTONIO vs. BELEK, INC.
This is a petition for review under Rule 42 of the 1997 Rules of Civil
Procedure, as amended, seeking to set aside the (a) Consolidated Decision
dated March 22, 2005 rendered by the Metropolitan Trial Court (MeTC),
Branch 8, Manila, in Civil Case No. 1...
Promulgated on 2006-12-21
211. CA GR SP 90972: ARTURO R. MUYALDE vs. HON. MERCEDES POSADALACAP, et al.
Before us is a petition for certiorari to set aside the Order dated
April 12, 2005 of the Regional Trial Court, Branch 15, Manila, in Civil
Case No. 04-111351...
Promulgated on 2006-12-21
212. CA GR SP 95300: WINACE HOLDINGS PHILIPPINES, INC. vs. HON. SECRETARY OF JUSTICE, FATIMA G. RANILLO, et al.
Before Us is a special civil action for certiorari filed under
Rule 65 of the 1997 Rules of Civil Procedure assailing the Resolution
dated 18 May 2006 of the Secretary of Justice reversing the City
Prosecutor's...
Promulgated on 2006-12-21
213. CA GR CV 65670: CELSO R. REYES/EXEC ENGINEERING WORKS vs. HOBAS PHILS., INC.
Before us is an appeal from the Decision, dated August 31,
1999, of the Regional Trial Court, Caloocan City, Branch 126,
National Capital Region, an action for "Specific Performance of
Contract",...
Promulgated on 2006-12-21
214. CA GR SP 83592: ANITA RAMOS and ADELAIDA CABANGBANG vs. HON. VICTORIA C. FERNANDEZ-BERNARDO, et al.
Rufino Dizon (or Rufino, since deceased and substituted by his heirs hereafter
called the Dizons) sued the petitioners Anita Ramos and Adelaida
Cabangbang (or hereafter the petitioners) for Recovery of Possession with
Damages before the Regional Trial...
Promulgated on 2006-12-21
215. CA GR SP 82256: EDDIE TAMANI vs. SANTIAGO NAVARRO
A complaint for Forcible Entry was lodged by the respondent
Santiago Navarro (or Navarro) against the petitioner Eddie Tamani (or
Tamani) before the Municipal Circuit Trial Court of Isabela (or MCTC)....
Promulgated on 2006-12-21
216. CA GR SP 92943: JUANITO VILLARINA vs. GERARDO A. BLANCO, et al.
The instant "PETITION FOR REVIEW" is DISMISSED due to
petitioner's failure to comply with Our 5 April 2006 resolution
requiring him,...
Promulgated on 2006-12-21
217. CA GR SP 81873: FEMA DIGITAL CORPORATION, FUTURELOGIC CORPORATION, et al. vs. Hon. MERCEDES POSADA LACAP, et al.
The petitioners FEMA Digital Corporation, FUTURELOGIC
Corporation and Bonifacio N. Choa (or hereafter petitioners unless individualized)
ask through certiorari that the Orders dated October 28, 2003...
Promulgated on 2006-12-21
218. CA GR SP 80877: LONG TESS REALTY INVESTMENT CORPORATION, et al. vs. HON. RAUL E. DE LEON, et al.
In this petition for certiorari, Long Tess Realty Investment
Corporation, Aw Peng Lam, Teresita C. Lim, and Betty D. Aw and
their respective spouses...
Promulgated on 2006-12-21
219. CA GR CV 72043: LORNA BAROT-TIQUE et al. vs. ALFREDO DAVID et al.
This is an appeal from the Decision dated September 4,
1998 of the Regional Trial Court, Branch 221, Quezon City in Civil
Case No. Q-94-20742...
Promulgated on 2006-12-21
220. CA GR SP 93835: FAIR SHIPPING CORPORATION/SEJIN LINES, LTD., COMPANY vs. N L R C, and FRANCISCO M. DELA PENA
This is a Petition for Certiorari under Rule 65 of the 1997 Rules of
Civil Procedure, as amended, which seeks to annul and set aside the
Resolutions of the public respondent National Labor Relations Commission,...
Promulgated on 2006-12-21
221. CA GR CR 30041: ROSARIO BRIONES, et al. vs. THE PEOPLE OF THE PHILIPPINES
Rosario Briones and Jesus Briones ("petitioners") appeal,
through this Petition for Review, the Decision dated December 15,
2005 of the Regional Trial Court ("RTC") of Quezon City, Branch
218,...
Promulgated on 2006-12-21
222. CA GR CR 28929: PEOPLE OF THE PHILIPPINES, vs. OLIVER MAGGAY
Accused-appellant Oliver Maggay appeals his conviction for the
crime of Frustrated Homicide wherein the Regional Trial Court of Iba,
Zambales,...
Promulgated on 2006-12-21
223. CA GR SP 77724: PEDRO CALING and ROMEO CALING vs. HON. ESTEBAN V. DE LA PENA, et al.
The petitioners Pedro Caling and Romeo Caling were separately charged before the Municipal Trial Court of Calumpit,
Bulacan...
Promulgated on 2006-12-21
224. CA GR SP 94031: ANDRONICO ECHAVEZ, et al. vs. WINSTON F. GARCIA, et al.
This Petition for Certiorari filed under Rule 65 of the
1997 Rules on Civil Procedure, assails the Orders, dated
October 18, 2005, December 5, 2005, December 23, 2005...
Promulgated on 2006-12-21
225. CA GR CV 78522: JUDITH A . DUZON vs. DOMINGO BUMENLAG, et al.
This is an Appeal interposed by appellants from the decision of
the Regional Trial Court (RTC) ordering them to pay appellee jointly
and severally actual expenses, moral damages,...
Promulgated on 2006-12-21
226. CA GR SP 87516: RJC SECURITY AND INVESTIGATION, INC. and ROGER M. FEDEREZO vs. HONORABLE MANUEL G. IMSON, et al.
This Petition for Certiorari under Rule 65 of the 1997
Rules of Civil Procedure seeks the annulment of the following
orders in NCR00-LSED-0305-IS-029 (OS-LS-0415-2004-0048)
entitled, Graciano M. Caranto, et al. vs. RJC Security &
Investigation Agency,...
Promulgated on 2006-12-21
227. CA GR SP 91732: PEOPLE OF THE PHILIPPINES, et al. vs. HON. CALIXTO O. ADRIATICO, et al.
Sought to be reversed via an original action for certiorari under Rule
65 of the Rules of Court is the order of the Regional Trial Court of Caloocan
City dated June 10, 2005...
Promulgated on 2006-12-21
228. CA GR CV 86546: NELSON L. JAVIER and MARIA TERESA JAVIER vs. ALFREDO B. QUINTANILLA, et al.
The right to appeal is neither a natural right nor a part of
due process. The party who seeks to avail of the same must
comply with the requirements of the rules, failing to do so the
right to appeal is lost....
Promulgated on 2006-12-21
229. CA GR CR 29441: PEOPLE OF THE PHILIPPINES vs. ROEL ROQUE
For failure of accused-appellant to file his brief within the extended
period granted which expired on July 22, 2006 as per report of the Judicial
Records Division,...
Promulgated on 2006-12-21
230. CA GR CV 82118: ANGELITA VIBORA vs. EDDIE RIVERO
This is an Appeal interposed by appellant Angelita Vibora from
the Order dated 23 January 2004 of the Regional Trial Court (RTC)
dismissing her complaint...
Promulgated on 2006-12-21
231. CA GR SP 90141: HEIRS OF SPS. VICENTE MACLANG and NIEVES MENDOZA vs. LUVINO EDUARTE, BONIFACIO VILLANUEVA, et al.
Assailed in this Petition for Review is the Decision of the
Department of Agrarian Reform Adjudication Board (DARAB, for
brevity)...
Promulgated on 2006-12-21
232. CA GR CV 63229: LEANDRO F. LANGIT vs. RUFINO S. AQUINO
This is a partial appeal from the Decision dated December 10, 1998 of the
Regional Trial Court, Branch 23 of Naga City, Camarines Sur in Civil Case No.
87-1207,...
Promulgated on 2006-12-21
233. CA GR CV 84246: CONSUELO TOMAS APILS vs. THE LOCAL CIVIL REGISTRAR OF BAGUIO CITY, et al.
This is an Appeal interposed by the Republic of the Philippines
from the Decision of the Regional Trial Court (RTC) directing the
Local Civil Register of Baguio Cit...
Promulgated on 2006-12-21
234. CA GR SP 73023: EDUARDO C. PRUDENCIADO vs. NATIONAL LABOR RELATIONS COMMISSION, et al.
Eduardo Prudenciado was a Filipino seaman who was hired in May 1995 by Falcon Maritime and Allied Services Inc., a manning agency of a foreign principal Sward Marine S.A....
Promulgated on 2006-12-21
235. CA GR CR 29326: PEOPLE OF THE PHILIPPINES vs. JOSE CASANOVA
Before this Court is a Petition for Review seeking the reversal
of the Decision of the Regional Trial Court of Balayan, Batangas,...
Promulgated on 2006-12-21
236. CA GR CV 82626: RESTY C. DELA CRUZ vs. NATIONAL POWER CORPORATION
This is an appeal from the Decision of the Regional Trial Court,
Branch 223, Quezon City dismissing the petition for declaratory relief filed
by petitioner-appellant Resty C. Dela Cruz, a displaced employee of
respondent-appellee National Power Corpora...
Promulgated on 2006-12-21
237. CA GR SP 97182: COMPUTER FOUNDATION OF CALAMBA, INC. vs. AMA COMPUTER LEARNING CENTER, INC., et al.
A review of the instant Petition reveals that the copy of
the assailed Decision attached therewith is not certified in
violation of the Rules of Court....
Promulgated on 2006-12-20
238. CA GR CV 86568: EDUVIGIS CRUZ Vda. DE SAPLALA vs. LUISA CRUZ
Before this Court is a Very Urgent Manifestation With
Motion for Reconsideration of this Court's resolution dated
October 9, 2006...
Promulgated on 2006-12-20
239. CA GR CV 86607: HIDEYUKI LADEZA HOSHIKAWA et al. vs. OFFICE OF THE LOCAL CIVIL REGISTRAR OF CALOOCAN CITY
It appears from the record of the case that herein
oppositor-appellant Republic of the Philippines, represented by the
Office of the Solicitor General, filed an appeal from the Order
dated May 9, 2005 of the Regional Trial Court, Branch 129,
Caloocan...
Promulgated on 2006-12-20
240. CA GR CV 85215: SOUTHERN LUZON INSTITUTE vs. ARTURO ROGACION, et al.
Before Us is an ordinary appeal under Rule 41 of the
Revised Rules of Court assailing the Decision dated January 5,
2005 of the Regional Trial Court, Branch 65, Sorsogon City...
Promulgated on 2006-12-20
241. CA GR CV 62714: VICENTE SANTIAGO vs. REPUBLIC OF THE PHILIPPINES
Before Us is an appeal from the Decision dated 14 January
1999 of the Regional Trial Court (RTC), Branch 172, Valenzuela, Metro Manila granting the application for registration of land in
LRC Case No. 768-V-94...
Promulgated on 2006-12-20
242. CA GR SP 96424: JOSE B. CATINDIG, JR. vs. ERLINDA C. CREENCIA, et al.
As civil service employees working in permanent capacities for the
City of Santa Rosa, Laguna, Erlinda Creencia and Nelia Carvajal are the
appointed City Environment and Natural Resources Officer (CENRO) and
the City Accountant, respectively....
Promulgated on 2006-12-20
243. CA GR SP 95932: YAMASU SECURITY AGENCY, et al. vs. JUAN EVANGELISTA E. BATOCAEL and LARRY AQUINO
The matter to be resolved is the petitioners' Manifestation and
Motion for Reconsideration, vis-a-vis the Comment thereto filed by the
private respondent, of the 13 September 2006 Resolution issued by this
Court,...
Promulgated on 2006-12-20
244. CA GR SP 93588: NARCISO M. OBISPO vs. LUCITA O. FUENTES
Through this Petition for Review, petitioner seeks the
reversal of the Decision dated 23 February 2006 of the
Regional Trial Court, Third Judicial Region,...
Promulgated on 2006-12-20
245. CA GR SP 95178: SPOUSES RESURRECCION and REMEGIO JAVIER, et al. vs. FELICIDAD DELA ROMA and JOSE VIRAY
The matter to be resolved is the petitioners' Compliance filed on 06
November 2006 of this Court's Resolution dated 20 October 2006, as well as the respondent Jose Viray's Respectful Motion [To cite Atty. Rodrigo Marinas in Contem...
Promulgated on 2006-12-20
246. CA GR CV 81890: GLIZEN JOY R. BARIA, et al. vs. LOCAL CIVIL REGISTRAR OF GAMU, ISABELA, et al.
This is an appeal by the Republic of the Philippines from the
Decision of the Regional Trial Court, Branch 65, Laoag City in S.P. Proc.
No. 12664 ordering the correction of entries in the certificate of live birth of
Glizen Joy R. Baria....
Promulgated on 2006-12-20
247. CA GR SP 94033: TOLEDO CONSTRUCTION CORP. vs. TOLEDO CONSTRUCTION CORPORATION EMPLOYEES ASSOCIATION-ADLO-KMU, et al.
This Decision resolves the consolidated Petitions for Certiorari under Rule
65 of the 1997 Rules of Civil Procedure docketed as CA-G.R. SP No. 94033 (also
referred to as the Toledo Petition) and CA-G.R. SP No. 94281...
Promulgated on 2006-12-20
248. CA GR CR 30023: ALFONSO LIM vs. PEOPLE OF THE PHILIPPINES and ANTONIO TAN
Before us is a petition for review of the Decision of the Regional
Trial Court, Branch 112, Pasay City, which affirmed the Decision of the
Metropolitan Trial Court, Branch 44, Pasay City,...
Promulgated on 2006-12-20
249. CA GR CV 72370: CARMELITA DELA CRUZ vs. RAYMUNDO ALEJANDRO, et al.
At bench is an appeal from the Decision dated July 16, 2001 rendered
by the Regional Trial Court of Cabarraquis, Quirino, Branch 31, in Civil
Case No. 372....
Promulgated on 2006-12-20
250. CA GR SP 95765: JUAN V. JAVIER, JR. vs. HON. ERNESTO L. MARAJAS, and THE CITY OF BATANGAS
The extent of amendments to the pleadings permissible under the rules
is central to the petition for certiorari at bench which seeks the nullification
of the Resolutions dated January 20, 2006 and May 30, 2006 issued by
public respondent,...
Promulgated on 2006-12-20
251. CA GR CV 76540: GRACE BORGONA INSIGNE, et al. vs. ABRA VALLEY COLLEGES, INC., and its PRES. FRANCIS BORGONA
This treats of the appeal perfected from the May 7, 2002 Decision of
the Regional Trial Court of Bangued, Abra, Branch 1, in Special Civil
Action No. 2070....
Promulgated on 2006-12-20
252. CA GR CV 65386: JULITA L. RULLODA vs. REPUBLIC OF THE PHILIPPINES
Before this Court is an appeal from the decision
dated September 1, 1999 of the Regional Trial Court, Third
Judicial Region, Branch 74, Olongapo City,...
Promulgated on 2006-12-19
253. CA GR SP 90687: VSD REALTY AND DEVELOPMENT CORP. VS. BELGEN REALTY DEVELOPMENT, INC.
Before Us are the consolidated Petition for Review filed by VSD Realty and Development Corporation and Petition for
Certiorari filed by Belgen Realty Development, Inc., both seeking
to set aside the Decision dated April 19, 2005...
Promulgated on 2006-12-19
254. CA GR SP 88714: CONTINENTAL CONCRETE WORKS, et al. vs. MARIO NERI and the NATIONAL LABOR RELATIONS COMMISSION
This is a Petition For Certiorari under Rule 65 of the 1997 Rules of
Civil Procedure seeking to annul the May 18, 2004 Resolution of the public
respondent National Labor Relations Commission...
Promulgated on 2006-12-19
255. CA GR SP 91539: DENNIS G. GACAD vs. NLRC, et al.
This is a petition for certiorari seeking the reversal of the January 17,
2005 Resolution of the National Labor Relations Commission (NLRC),...
Promulgated on 2006-12-19
256. CA GR SP 90234: LANIE B. BATIOLA, et al. vs. NLRC, et al.
This is a Petition For Certiorari under Rule 65 of the 1997 Rules of
Civil Procedure seeking to annul the February 17, 2005 Resolution of the
National Labor Relations Commission (NLRC)...
Promulgated on 2006-12-19
257. CA GR SP 95132: ARTURO N. RAMOS vs. N L R C, STOLT NEILSEN TRANSPORTATION GROUP, 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 January 6, 2006 and the Resolution dated April 21, 2006...
Promulgated on 2006-12-19
258. CA GR CR 01642: THE PEOPLE OF THE PHILIPPINES vs. VAL DELOS REYES
Before this Court is an appeal from the Joint Decision dated June 28, 2005 of the Regional Trial Court, Fifth Judicial Region, Branch 15, Tabaco City, in Crim. Cases Nos. T-2639 to 41...
Promulgated on 2006-12-19
259. CA GR SP 87396: THELMA M. ZUNIGA-RODRIGUEZ vs. HON. DAMASO A. HERRERA, et al.
This is an action for the annulment of judgment under Rule 47 of the
1997 Revised Rules of Civil Procedure seeking the annulment of the January
3, 2001 Decision of the Regional Trial Court, Branch 24,...
Promulgated on 2006-12-19
260. CA GR CV 59757: SOLID TECHNICAL SERVICES INC. and ISABELITA R. SEVILLA vs. ASIA TRUST BANK
Sought to be reversed and set aside are the Orders dated 07 July 1997
and 10 February 1998 both rendered by the Regional Trial Court of
Caloocan City, Branch 120...
Promulgated on 2006-12-19
261. CA GR SP 88748: SPOUSES FERDINAND BELTRAN et al. vs. SPS. MARCIANO G. RIVERA et al.
After a careful perusal of the Motion for Reconsideration (Rollo,
pp. 90-94) filed by petitioners of the Decision of this Court dated May 29,
2006 (Rollo, pp. 80-86), the Court finds no cogent reason to reconsider
said decision....
Promulgated on 2006-12-19
262. CA GR SP 94567: SPOUSES FELIPE IBARDALOZA AND CONCHITA IBARDALOZA vs. DR. ADELINA REYES-TAMAYO
This is a Petition for Review (with urgent motion to Preserve Status
Quo and Prayer for the Issuance of Writ of Preliminary Injunction)...
Promulgated on 2006-12-19
263. CA GR SP 89663: ABRA STATE INSTITUTE OF SCIENCE AND TECHNOLOGY (ASIST), et al. vs. CIVIL SERVICE COMMISSION, et al.
This is a Petition for Review under Rule 43 of the Rules of Court filed
by petitioner Abra State Institute of Science and Technology (ASIST),
represented by its president, Imelda A. Buenafe, assailing the November 10,
2004...
Promulgated on 2006-12-19
264. CA GR SP 95070: P.L. ULANDAY REALTY & DEVELOPMENT CORPORATION vs. The Hon. PRESIDING JUDGE, RTC, Branch 206, et al.
The matter to be resolved is the petitioner's Petition for Annulment
of Judgment and/or Setting Aside of Writ and Orders with Prohibition, pursuant to Rule 47 of the 1997 Rules of Civil procedure,...
Promulgated on 2006-12-19
265. CA GR CV 83259: TERESITA C. DE LARA, et al. vs. BERNARDO G. CASTRO
At bar is an appeal from the April 20, 2004 Decision of the Regional
Trial Court, Branch 220, Quezon City, (QC-RTC) in Civil Case No. Q-01-
44955,...
Promulgated on 2006-12-19
266. CA GR SP 82995: ROSEMARIE TUBONGBANUA vs. ANTONIO FLORES and AIDA FLORES
This is a simple ejectment case, but it elicits not so simple defenses. The respondent Aida Flores leased her house and lot at Willow Road, Phase 6, Levitown, Paranaque, to Applied Concept and Technology Construction Corporation represented by the petit...
Promulgated on 2006-12-19
267. CA GR SP 91636: WILFREDO N. CABALLERO, et al. vs. HON. MANUEL C. LUNA, JR., et al.
Before this Court is a Petition for Certiorari under the 1997 Revised Rules of Civil Procedure seeking the reversal of the orders dated April 8, 2005 and July 19, 2005,...
Promulgated on 2006-12-19
268. CA GR SP 97180: ORIENTAL SHIPMANAGEMENT CO., INC., et al. vs. RAINERIO N. NAZAL and the NLRC
The present petition was filed out of time considering that the assailed Resolution dated October 31, 2006 of the National Labor Relations Commission is a resolution on petitioners' motion for
reconsideration of the Resolution dated November 30, 2005 den...
Promulgated on 2006-12-19
269. CA GR SP 97074: SPOUSES OBDULIA H. ESPEJO, et al. vs. GERALDINE COLOMA ITO
This is a Petition for Review filed under Rule 42 of the Rules of Court
assailing the November 6, 2006 Decision rendered by the Regional Trial
Court, Branch 58, Makati City,...
Promulgated on 2006-12-19
270. CA GR SP 96403: LIWAYWAY E. ABRAHAM, ET AL. vs. HON. RTC OF PALLOCAN WEST, BATANGAS CITY, BRANCH 8, ET AL.
Before this Court is a petition for certiorari seeking to nullify the
Resolution, dated August 1, 2006, issued by the Regional Trial Court of
Batangas City, Branch 8,...
Promulgated on 2006-12-19
271. CA GR CV 85624: NESTOR D. MANUCOT, ETC. vs. KINGS VILLA REALTY DEVELOPMENT CORP., ET AL.
For failure of defendants-appellants to file the required appellants'
brief within the prescribed period, their appeal is deemed ABANDONED
and accordingly DISMISSED...
Promulgated on 2006-12-19
272. CA GR SP 80873: VICENTE DEL ROSARIO, JR. vs. CEFERINO SALVADOR, ET AL.
This Petition for Annulment of Judgment filed by Vicente Del
Rosario, Jr. (or del Rosario for brevity) is directed against the Decision dated
April 7, 1995 of Branch 74 of the Regional Trial Court of Antipolo,...
Promulgated on 2006-12-19
273. CA GR SP 90920: VICTOR NUGUID and HERADIO NUGUID vs. VIRGILIO QUIAMBAO
Before the Court is a petition for review under Rule 43 of the Rules of
Court seeking to reverse the Decision dated July 5, 2005...
Promulgated on 2006-12-18
274. CA GR CV 85424: MA. ISABEL V. ROSARIO vs. REPUBLIC OF THE PHILIPPINES
This is an appeal from the Decision dated June 20, 2005 (Rollo,
pp. 51-52) of the Regional Trial Court, Branch 20, of Imus, Cavite in
LR Case No. 2191-03 for reconstitution of the original copy of
Transfer Certificate of Title No. 7935 of the Registry...
Promulgated on 2006-12-18
275. CA GR SP 81871: CARLITO & EVELYN SARMIENTO vs. PRIMUS FINANCE AND LEASING, INC.
Before Us is a Petition for Review under Rule 42 of the 1997
Rules of Civil Procedure seeking to set aside the Decision dated 29
December 2003 of the Regional Trial Court (RTC),...
Promulgated on 2006-12-18
276. CA GR SP 97212: Lance Corporal DANIEL J. SMITH vs. HON. BENJAMIN T. POZON, et al.
In a decision that found the accused, herein petitioner,
guilty beyond reasonable doubt of the crime of rape and
sentenced him to reclusion perpetua, the respondent Judge Pozon
also ordered thus:...
Promulgated on 2006-12-18
277. CA GR SP 94166: C.F. SHARP CREW MANAGEMENT, INC., et al. vs. NLRC, et al.
This is a Petition for Certiorari under Rule 65 of the 1997 Rules of
Civil Procedure which seeks the reversal and the setting aside of the NLRC
Resolutions dated 15 December 2005 and 17 March 2006 which although,...
Promulgated on 2006-12-18
278. CA GR SP 92679: IGNACIO R. SANTIAGO vs. IMELDA V. TONGOL
This decision resolves herein petitioner Ignacio R. Santiago's petition for
review (with prayer for temporary restraining order and preliminary injunction) under Rule 43 of the 1997 Rules of Civil Procedure of the following issuances of the Office of t...
Promulgated on 2006-12-18
279. CA GR CR 00554: PEOPLE OF THE PHILIPPINES vs. ARMANDO VIDAR @ RICKY, et al.
On automatic review is the Judgment of the Regional
Trial Court of Sorsogon City, Branch 52, dated September
2, 2004 convicting the accused-appellants of the crime of
ROBBERY WITH HOMICIDE....
Promulgated on 2006-12-18
280. CA GR CV 71000: SPS. FERNANDO and PRIMITIVA CADAY SAQUING vs. SPS. SILVESTRE and TRINIDAD GRANIL et al.
Before this Court is an appeal from the Decision rendered by
Branch 18 of the Regional Trial Court of Ilagan, Isabela, dated March
5, 2001, in Civil Case No. 1046,...
Promulgated on 2006-12-18
281. CA GR SP 90661: MANILA TROPICAL GENERAL SERVICES, INC., et.al. vs. NLRC and TITO BUHAYAN
These are consolidated petitions for certiorari assailing the following issuances rendered by the National Labor Relations Commission (Third Division) in the case...
Promulgated on 2006-12-18
282. CA GR SP 59240: SPS. AMELIA ZAPANTA and BONIFACIO SANGALANG, et al. vs. HON. MAURICIO M. RIVERA, ANDRES GONZAGA
Before this Court is a Petition for Annulment of Decision
under Rule 47 of the 1997 Rules of Civil Procedure seeking to
annul the Decision...
Promulgated on 2006-12-18
283. CA GR CV 84053: JUDEX T. FERNANDO vs. DIRECTOR OF LANDS, rep bt the REPUBLIC OF THE PHILS.
Land registration is a proceeding in rem. Being in rem,
such proceeding requires constructive seizure of the land as
against all persons, including the state,...
Promulgated on 2006-12-18
284. CA GR CV 83952: EDUARDO PAGTAKHAN vs. REPUBLIC OF THE PHILIPPINES
Under Section 48 of Commonwealth Act (CA) No. 141,
as amended by Presidential Decree (PD) No. 1073, in
applications for the registration of imperfect titles to lands of
the public domain,...
Promulgated on 2006-12-18
285. CA GR CV 68033: DANTE BARBIETO, et al. vs. APEX MOVING AND STORAGE CORP..
This is an appeal from an order that dismissed the
complaint for Torts and Damages filed by plaintiff-appellant
Dante Barbieto against defendant-appellee Apex Moving and
Storage Corp....
Promulgated on 2006-12-18
286. CA GR SP 95035: WILHELMINA E. PARAJAS vs. DR. RODOLFO LOPEZ, HON. ROBERT O. RUDIO, 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...
Promulgated on 2006-12-18
287. CA GR CV 67133: COL. LORENZO GABOL, ET. AL. vs. SPS. FELIPE and ERICA MARIANO, ET. AL.
The plaintiffs in the court below appeal the dismissal of
their Complaint on the grounds of prescription, lack of cause of
action and lack of jurisdiction....
Promulgated on 2006-12-18
288. CA GR SP 87668: JULIE C. BIENERT vs. PEOPLE OF THE PHILIPPINES
Before the Court is a petition for review under Rule 42 of the Rules
of Court seeking to reverse the Decision dated November 28, 2002 of
Branch 10, Regional Trial Court of Malolos, Bulacan...
Promulgated on 2006-12-18
289. CA GR SP 88844: VIVA TRANSIT CORPORATION, et al. vs. HON. ROSARIO C. CRUZ, et al.
Assailed in this petition for certiorari under Rule 65 of the 1997
Rules of Civil Procedure are the following Resolutions...
Promulgated on 2006-12-18
290. CA GR CV 66694: ALEJANDRO M PANTIG vs. MEINA OCAMPO-PANTIG
Invoking Article 36 of the Family Code and the rulings of the Supreme Court in Santos vs. Court of Appeals and Republic vs. Molina,...
Promulgated on 2006-12-18
291. CA GR CV 85013: ISIDORO F. LAZARO vs. REPUBLIC OF THE PHILIPPINES
On appeal is the decision of the Regional Trial Court stationed
in Malolos, Bulacan, granting the reconstitution of Transfer
Certificates of Title Nos. T-18396, T-27594, T-40084, T-14074, T-
125227, T-125228 & T-14071 which cover seven (7) parcels of l...
Promulgated on 2006-12-18
292. CA GR CV 82906: UNIWIDE SALES WAREHOUSE CLUB, INC. vs. ROSARIO BROTHERS CO., INC., and LUCIO CO, et al.
Before the Court is an appeal from the Order dated September 22,
2003 of the Regional Trial Court of Quezon City, Branch 220, in Civil Case
No. Q-03-49819 for specific performance,...
Promulgated on 2006-12-18
293. CA GR CV 64773: ALAN W. NICHOLSON vs. TERESA A. MONTEFERO
The Office the Solicitor General (OSG) in this appeal seeks
the reversal of the Decision which declared the nullity of marriage
between the spouses Nicholson and Montefero on the ground of
psychological incapacity of the latter....
Promulgated on 2006-12-18
294. CA GR SP 96601: TEODORO DE GUZMAN vs. DARAB CENTRAL OFFICE & HEIRS OF SOLEDAD BRIONES
In a Resolution dated November 3, 2006, this Court dismissed
the instant petition for review for non-compliance with Section 11,
Rule 13 and Section 6(c), Rule 43 of the 1997 Rules of Civil Procedure....
Promulgated on 2006-12-15
295. CA GR SP UDK 5640: CONCHITA SANCHEZ, et al. vs. ELVIRA BANAYO
This petition is fatally defective:
1.) The appellate docket fees have not been paid.
2.) Respondent was not furnished with copy of the petition....
Promulgated on 2006-12-15
296. CA GR CV 69731: LINA G. PENALBER vs. QUIRINO RAMOS, LETICIA PENALBER and BARTEX INC.,
Subject of the present appeal is the Decision of the Regional
Trial Court (RTC) of Tuguegarao City, Branch 2 dated 19 January
2000 in Civil Case No. 3672, an action for declaration of nullity of
deeds and titles,...
Promulgated on 2006-12-15
297. CA GR CV 71188: CONCHITA CANAPE, et al. vs. ORIENTAL YUASA BATTERY
Assailed in this appeal is the Decision dated February 25, 2001 in Civil Case No. 270-M-97 of Branch 13, Regional Trial Court, Malolos, Bulacan...
Promulgated on 2006-12-15
298. CA GR CV 74453: RAYMOND S. VELAYO, et al. vs. FAR EAST BANK & TRUST COMPANY
This is an appeal from the Decision dated September 17, 2001 in Civil Case No. Q-94-19666 of Branch 76, Regional Trial Court (RTC), Quezon City...
Promulgated on 2006-12-15
299. CA GR SP 96956: CHRISTIAN ALEXIS P. YANGA, et al. vs. JOSE DE VERA
This is a petition for review under Rule 43 of the 1997 Rules
of Civil Procedure, as amended,...
Promulgated on 2006-12-15
300. CA GR CV 86165: CONCEPCION S. RIVERA, et al. vs. Spouses ROSENDO C. ARMEJO and ANITA M. ARMEJO
In a suit for Breach of Contract, Specific Performance and
Damages filed by the appellees Concepcion S. Rivera, Ronando S.
Neri, Rolando Guardiano and spouses Ariel Palabay and Martina M.
Palabay...
Promulgated on 2006-12-15
301. CA GR SP 96486: REYNALDO G. PANALIGAN, et al. vs. ADMINISTRATOR EDITA S. BUENO, et al.
Before the Court is a petition for certiorari with a plea for
temporary restraining order and/or preliminary injunction under
Rule 65 of the 1997 Rules of Civil Procedure, filed on October 12,
2006...
Promulgated on 2006-12-15
302. CA GR SP 94480: LUISITO CUIZON y ASUNCION vs. HON. LEAH S. DOMINGO REGALA, et al.
This is a petition for certiorari, prohibition and mandamus under Rule 65
with prayer for injunctive relief/s seeking to annul:...
Promulgated on 2006-12-15
303. CA GR SP 81763: MARIANO R. PEFIANCO and MILAGROS H. PEFIANCO vs. Hon. VEDASTRO B. MARCO, et al.
The respondent Russell Cometa (or Cometa for brevity) filed a case
for Rescission of Contract with Damages against the petitioners
spouses Mariano and Milagros Pefianco...
Promulgated on 2006-12-15
304. CA GR CV 84798: CANDY MICHELLE C. SALONGA vs. ARVIN C. SALONGA
This is an appeal filed by oppositor-appellant Republic of the
Philippines, through the Office of the Solicitor General (OSG)
questioning the February 24, 2005 Decision (Rollo, pp. 34-35) of the
Regional Trial Court of Quezon City, Branch 86 in Civil C...
Promulgated on 2006-12-15
305. CA GR SP 96978: COUGAR INTEGRATED SERVICES, INC. et al. vs. NLRC (THIRD DIVISION), et al.
On November 23, 2006, herein petitioner filed a Petition for
Certiorari under Rule 65 of the Revised Rules of Court seeking to
annul and set aside the Resolution dated July 25,2005...
Promulgated on 2006-12-15
306. CA GR SP 82770: AIRBORNE SECURITY SERVICE, INC. vs. NATIONAL LABOR RELATIONS COMMISSION, et al.
A security agency has elevated to us on certiorari the decision of the National Labor Relations Commission reversing the finding of the Labor Arbiter that the wages of its security guards were duly paid and compelling it to give salary differentials to th...
Promulgated on 2006-12-15
307. CA GR CV 84984: RUFINA L. LIM vs. ALLIANCE MARKETING CORPORATION
Before this Court is an appeal from the decision dated December 29, 2004 of the Regional Trial Court (RTC), National Capital Judicial Region, Branch 125, Caloocan City,...
Promulgated on 2006-12-15
308. CA GR SP 93576: TOYOTA OTIS INC. AND/OR REYNALDO OBEN VS. N L R C AND LITO B. EDIANEL
Before this Court is a petition for certiorari under Rule 65 of the 1997 Rules of Civil Procedure assailing the Decision dated December 28, 2004...
Promulgated on 2006-12-15
309. CA GR CV 85350: SPS. CASIMIRO AND ELISEA PUNGTILAN, et al. vs. SPS. ISMAEL ALVIAR and BENIGNA ALIAS, et al.
Before Us is an ordinary appeal under Rule 41 of the Revised Rules of Court assailing the Decision (date not indicated in the record) of the Regional Trial Court, Branch 33, Ballesteros,
Cagayan in Civil Case No. 33-050-99 for Reconveyance, Annulment of...
Promulgated on 2006-12-15
310. CA GR SP 83182: ECOLOGY SAVINGS BANK, INCORPORATED vs. SPS. ESTRELITA and ARTURO SAN DIEGO and FLORA SAN DIEGO
This appeal by petition for review seeks to overturn the decision dated April 1,
2003 of the Office of the President in O.P. Case No. 02-K-551 which affirmed the
decision dated October 17, 2002...
Promulgated on 2006-12-15
311. CA GR CV 87741: PACIFIC PLANS, INC. vs. SECURITIES AND EXCHANGE COMMISSION, et al.
Oppositor-Appellant Parents Enabling Parents Coalition, Inc.
filed a Notice of Appeal dated May 24, 2006 from the Decision
dated April 27, 2006 of the Regional Trial Court, Branch 61,
Makati City in SP. PROC. NO. M-6059...
Promulgated on 2006-12-15
312. CA GR SP 92346: NARCISO PENA JR. AND ALFREDO C. NAJERA JR. vs. OMBUDSMAN, NBI, (PAMPANGA) , ET AL.
Before this Court is a petition for review under Rule 43 of the 1997 Rules of Civil Procedure, assailing the Resolution and the Decision...
Promulgated on 2006-12-15
313. CA GR SP 67854: ANG KEK CHEN vs. HON. PRESIDING JUDGE, RTC, BR 24, MLA. et al.
Before us is a Petition for Certiorari under Rule 65 of the Rules
of Court, seeking to nullify respondent Judge's October 17, 2001
Omnibus Order, which denied petitioner's motion to quash...
Promulgated on 2006-12-15
314. CA GR SP 90110: FEB LEASING and FINANCE CORPORATION vs. FIL ESTATE LAND, INC., et al.
The matter to be resolved is the petitioner's Motion for Reconsideration and Manifestation of Compliance, vis-a-vis the private respondents' Opposition thereto, in relation to the 21 June 2005 Resolution of this Court dismissing th...
Promulgated on 2006-12-15
315. CA GR SP 90576: EBC INVESTMENTS, INC. vs. Hon. ROMEO F. BARZA, et al.
The matter to be resolved is the private respondent Government
Service Insurance System's (GSIS) Motion for Reconsideration [Re:
Resolution dated 26 May 2006] and Comment, as well as petitioner EBC
Investments, Inc.'s (EBCII) Motion to Withdraw Petitio...
Promulgated on 2006-12-15
316. CA GR CV 79935: MRS. ELIZABETH INTIA vs. MRS. JUDY G. AMOR
Plaintiff-appellant received the notice to file Appellant's Brief on 17 August 2006 providing for the period within which to file the said brief which expired on 02 October 2006....
Promulgated on 2006-12-14
317. CA GR CV 86902: POINTER ENTERPRISES INCORPORATED vs. CHANELAY DEVELOPMENT CORPORATION
Counsel for defendant-appellant's received the notice to file brief on 04 August 2006 which expired last 18 September 2006....
Promulgated on 2006-12-14
318. CA GR SP 94602: MARINA Q. ESPINO vs. NATIONAL LABOR RELATIONS COMMISSION, et al.
We are called in this petition for certiorari to nullify and set aside
the Decision dated April 21, 2005 and Resolution dated March 28, 2006 of the First Division of public respondent National Labor Relations Commission in NLRC NCR CA. NO. 0375-36-03...
Promulgated on 2006-12-14
319. CA GR SP 97105: AL-ASSAL MANPOWER INC.,/ ARLENE D. ALIMORONG vs. THE NLRC and EDELBERTO D. MENDOVA
A cursory examination of the instant petition yields its ouright
dismissal, on the following points:...
Promulgated on 2006-12-14
320. CA GR CV 72833: ESTRELLA OCAMPO vs. EX COMMODORE CONSTANCIO VELASCO, JR.
This is an ordinary appeal under Rule 41 of the
1997 Revised Rules of Civil Procedure that seeks to set
aside the Order dated September 25, 2001 of the
Regional Trial Court of Puerto Princesa City, Palawan,...
Promulgated on 2006-12-14
321. CA GR SP 83384: REMEDIOS F. KEYSER vs. HON. PABLO R. CHAVES, et al.
Before us is a petition for certiorari, prohibition and mandamus, with
prayer for a writ of preliminary injunction, seeking to nullify the Order of
respondent Judge Pablo R. Chavez dated June 2, 2003,...
Promulgated on 2006-12-14
322. CA GR SP 89301: SPS. LEO CHRISTOPHER R. MASBAD and LOVELYNNE M. MASBAD vs. HON. RAUL E. DE LEON, et al.
This special civil action for certiorari under Rule 65 seeks to
annul or modify private respondent bank's Ex-Parte Petition for
Issuance of a Writ of Possession dated 28 June 2004,...
Promulgated on 2006-12-13
323. CA GR CV 83135: SARIMANOK FEEDS CO., INC. vs. ESMUNDO R. MONTANEZ
Before Us on Appeal is the Decision of the Regional Trial Court
(RTC), Mandaluyong City, dated April 1, 2004 in Civil Case No.
MC00-1136,...
Promulgated on 2006-12-13
324. CA GR CV 83165: SPS. ABRAHAM PARANAL And ESTELITA BERNALDES; et al. vs. HEIRS OF APOLINAR PARANAL, et al.
This is an Appeal interposed by appellant Heirs of Apolinar
Paranal, Heirs of Baldomera Paranal, and Heirs of Juan Paranal from
the decision of the Regional Trial Court...
Promulgated on 2006-12-13
325. CA GR CV 85366: AQUILINO S. DELA CRUZ And ROSALITA DELA CRUZ vs. REPUBLIC OF THE PHILIPPINES
This is an Appeal interposed by the Republic of the Philippines
from the Decision dated 17 December 2004 rendered by the Regional
Trial Court (RTC) of Pasig City,...
Promulgated on 2006-12-13
326. CA GR CV 85497: RAYMUNDO A. QUIROZ,, et al. vs. REPUBLIC OF THE PHILIPPINES
This is an Appeal interposed by the Republic of the Philippines
from the Order dated 25 April 2005 rendered by the Regional Trial
Court (RTC) of Balanga,...
Promulgated on 2006-12-13
327. CA GR CV 66975: NILO B. VILLANUEVA vs. PAMELA R. VILLANUEVA
This is an appeal by the Office the Solicitor General (OSG)
from the Decision which declared the nullity of marriage between
the spouses Villanueva on the ground of psychological incapacity
of the wife, Pamela Mallillin Villanueva ("Pamela" for bre...
Promulgated on 2006-12-13
328. CA GR SP 88942: AMB. FELIMON R. CUEVAS vs. SECRETARY OF JUSTICE AND LUIS C. CABUBAS
Before Us is a petition for certiorari seeking to nullify and set
aside the Resolution dated 15 December 2004 issued by respondent
Secretary of the Department of Justice...
Promulgated on 2006-12-13
329. CA GR SP 95826: VICENTE VILLANUEVA, JR. vs. NLRC (Third Division), et al.
Assailed in this petition for certiorari under Rule 65 is the Resolution dated
November 30, 2004 reversing the Decision dated June 30, 2004 of the Labor
Arbiter...
Promulgated on 2006-12-13
330. CA GR SP 89125: ASAHI GLASS PHILIPPINES, INC. vs. HON. JUAN AMOR F. PALAFOX, et al.
Before this Court is a petition for certiorari under Rule 65 of the
1997 Rules of Civil Procedure assailing the Order of the Voluntary
Arbitrator Juan Amor F. Palafox dated 25 January 2005 in relation to
the execution of his Decision dated 20 August 20...
Promulgated on 2006-12-13
331. CA GR CR 23645: PEOPLE OF THE PHILIPPINES vs. ANGELITA JABAGAT, et al.
This is an appeal from the Decision dated May 18, 1999, finding
Angelita Jabagat (hereafter appellant) and Eduardo Damian (hereafter
Eduardo) guilty beyond reasonable doubt of the offense of Estafa...
Promulgated on 2006-12-13
332. CA GR CR 01003: PEOPLE OF THE PHILIPPINES vs. SAMSON ESCLETO
Under established jurisprudence, two conditions must
concur to establish treachery: (1) the employment of means
of execution that gives the person attacked no opportunity to
defend himself or retaliate,...
Promulgated on 2006-12-13
333. CA GR CV 86053: BENJAMIN B. FRANCISCO vs. ISRAEL M. CERVO
Malicious prosecution is an action for damages brought
by one against whom a criminal prosecution, civil suit, or
other legal proceeding has been instituted maliciously and
without probable cause,...
Promulgated on 2006-12-13
334. CA GR CV 85515: CECILIA GRACE L. ROASA vs. REPUBLIC OF THE PHILIPPINES
Applicants for confirmation of imperfect title must prove
the following: (a) that the land forms part of the disposable
and alienable agricultural lands of the public domain;...
Promulgated on 2006-12-13
335. CA GR CR 29837: PEOPLE OF THE PHILIPPINES vs. ANTHONY MATEO y PATAUID
This is an appeal from the Judgment dated December 14, 2005,
rendered by the Regional Trial Court (hereafter RTC), Branch 132, Makati
City in Crim. Case No. MC 05-797 for Robbery,...
Promulgated on 2006-12-13
336. CA GR CV 80624: PEOPLE OF THE PHILIPPINES, et al. vs. LUTGARDA CRUZ (deceased, substituted by ROSALINDA F. MIGUEL
When a party uses fraud or concealment to obtain a certificate
of title to property, a constructive trust is created in favor of the
defrauded party....
Promulgated on 2006-12-13
337. CA GR SP 81445: LEOPARD INTEGRATED SERVICES, INC., et al. vs. N L R C and SUPREMO MORALIT
Assailed in this special civil action for certiorari for having been
issued with grave abuse of discretion, are the Resolutions of the
respondent National Labor Relations Commission...
Promulgated on 2006-12-13
338. CA GR CR 01235: PEOPLE OF THE PHILIPPINES vs. AMADEO BARAQUIO
On appeal by Amadeo Baraquio ("accused-appellant") is the
"Joint Decision" dated May 19, 2004 of the Regional Trial Court of
Guimba, Nueva Ecija, Branch 33,...
Promulgated on 2006-12-13
339. CA GR SP 82471: HENRY GUIRIBA, et al. vs. HON. CEZAR A. BORDEOS, and CESAR G. ANSON,
The petitioners Henry Guiriba, Gonzalo Legazpi and Emma
Guiriba Marcaida (or the petitioners unless individualized) are before Us on
certiorari and prohibition assailing the Order dated October 7, 2003...
Promulgated on 2006-12-13
340. CA GR CV 83620: SERAFIN M. SEROMA & MAXIMO S. VALDEZ vs. SPOUSES SOTERO & LEONIDA MATAMIS
At bench is an appeal from the July 26, 2004 Decision rendered by the
Regional Trial Court of Cauayan, Isabela, Branch 20, in Civil Case No. Br.
20-1281,...
Promulgated on 2006-12-13
341. CA GR SP 83033: ANDRES ROGAYON vs. Hon. AMELIA MANALASTAS, et al.
In this Petition for Review, Andres Rogayon (or Rogayon for brevity)
assails the decision of Branch 268 of the Regional Trial Court (or RTC)
of Pasig City which affirmed the decision of Branch 70...
Promulgated on 2006-12-13
342. CA GR SP 89484: ROWENA CANOTAL vs. NLRC, et al.
Assailed by Rowena Canotal ("Canotal") in this petition for
certiorari which she filed under Rule 65 of the Rules of Court are the
resolutions of the National Labor Relations Commission dated March
26, 2002 and June 28, 2002....
Promulgated on 2006-12-13
343. CA GR SP 91064: SPOUSES EDILBERTO and FELISA M. PEREZ vs. ORIENT BANK, et al.
The propriety of injunction to restrain the extrajudicial foreclosure of
real estate mortgage is at issue in this petition for injunction with prayer for
issuance of a temporary restraining order...
Promulgated on 2006-12-13
344. CA GR CV 84924: JORGE BAYONA vs. REPUBLIC OF THE PHILIPPINES
Assailed in this appeal is the February 8, 2005 Decision rendered by
the Municipal Trial Court of Rapu-Rapu, Albay, in LRC Case No. 17-03...
Promulgated on 2006-12-13
345. CA GR SP 80038: HILARIO C. MENDOZA vs. THE HON. OMBUDSMAN and ANTONIO I. RAVARA
Assailed in this Petition for Review is the Decision dated May
23, 2003 of the Office of the Deputy Ombudsman for Luzon...
Promulgated on 2006-12-13
346. CA GR CV 61044: SPRINT TRANSPORT SERVICES, INC. vs. DOMINADOR C. BERNARDO
This is an appeal from the Decision rendered by the Regional Trial
Court, Branch 53, Manila, dated May 20, 1998 in Civil Case No. 92-63666,
for Sum of Money and Damages,...
Promulgated on 2006-12-13
347. CA GR SP 96162: DAR EMPLOYEES FOUNDATION, INC., et al. vs. HON. LITA S. TOLENTINO GENILO, et al.Assailed in thi
Assailed in this petition for certiorari under Rule 65 is the Resolution dated
May 2, 2006 denying the application for the issuance of a writ of preliminary
injunction,...
Promulgated on 2006-12-13
348. CA GR CR 24917: THE PEOPLE OF THE PHILIPPINES vs. JHUN MANIAGO Y BASILIO
This is an appeal from the decision dated October
31, 2000 of the Regional Trial Court of Agoo, La Union,
Branch 31 in Criminal Case No. A-3485 finding herein
accused Jhun Basilio Maniago (Maniago, for brevity)
guilty beyond reasonable doubt of the cr...
Promulgated on 2006-12-13
349. CA GR SP 91777: MA. TERESA NANLABI, ET AL. vs. NATIONAL LABOR RELATIONS COMMISSION, ET AL.
Finding the Motion for Partial Reconsideration filed by private
respondents of this Court's Decision of July 31, 2006 to be bereft of
merit, the same is hereby DENIED....
Promulgated on 2006-12-13
350. CA GR SP 82402: MAURA FERMIN REYES vs. HON. LEILI SUAREZ ACEBO, et al.
Before us is a petition for certiorari and prohibition seeking the
nullity of the Order dated October 3, 2003 of respondent Judge directing the
issuance of a writ of execution in Civil Case No. 64919,...
Promulgated on 2006-12-13
351. CA GR SP 56702: FIRST PACIFIC DAVIES MANAGEMENT, INC. vs. NLRC, THIRD DIVISION, et al.
Before Us is a Petition for Certiorari and Prohibition with
Prayer for Issuance of Writ of Preliminary Injunction and
Temporary Restraining Order...
Promulgated on 2006-12-13
352. CA GR SP 95446: SANOFI-AVENTIS, (formerly SANOFI-SYNTHELABO) vs. LAMOIYAN CORPORATION
The instant petition for review merits outright dismissal for being
defective....
Promulgated on 2006-12-13
353. CA GR SP 92481: RODNEY ABEDEJOS vs. HON. PATRICIA A. STO. TOMAS, et al.
We have carefully reviewed our Decision of August 18, 2006
dismissing the instant petition and the reasons therefor and we are
more convinced of its correctness....
Promulgated on 2006-12-13
354. CA GR CV 86521: MMI PROPERTIES, INC. vs. REPUBLIC OF THE PHILIPPINES
As prayed for by the appellant in its Motion to Withdraw Appeal
filed on September 8, 2006, and for the reasons stated therein, this
Court hereby grants the same and orders the DISMISSAL of the
instant appeal....
Promulgated on 2006-12-13
355. CA GR SP 91227: MARSI BUILDERS CO, INC., et al. vs. THE OFFICE OF THE SEC. OF THE DEPT. OF LABOR & EMPLOYMENT, et al
Finding no cogent or justifiable reason to set aside the Decision
of this Court dated July 17, 2006 denying for lack of merit the instant
petition,...
Promulgated on 2006-12-13
356. CA GR SP 89450: SPECIFIED CONTRACTORS AND DEVELOPMENT, INC. (SCDI), et al. vs. OFFICE OF THE PRES. HULRB, et al.
This is a petition for review under Rule 43 of the 1997 Rules of
Civil Procedure of the Order dated February 14, 2005 and the
Resolution2 dated March 31, 2005...
Promulgated on 2006-12-13
357. CA GR SP 91960: NELSON K. DY, et al. vs. HON. ANTONIO M. EUGENIO, et al.
Acting on the motion of respondents for the reconsideration of
this Court's August 14, 2006 Decision granting due course to the
petition,...
Promulgated on 2006-12-13
358. CA GR SP 92956: RODOLFO DE GUZMAN, et al. vs. KABALIKAT NG BARANGAY HOMEOWNERS ASSO., INC.
Finding no cogent or justifiable reason to set aside the Decision
of this Court dated August 18, 2006 dismissing the instant petition,
the motion for reconsideration filed by the petitioners is hereby not
given due course....
Promulgated on 2006-12-13
359. CA GR SP 95189: PUMA SECURITY AND INVESTIGATION AGENCY vs. N L R C, 3rd Div. and NEOLITA CORDERO
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 2006-12-13
360. CA GR CV 81088: STA. LUCIA REALTY & DEVELOPMENT CORP., et al. vs. PARAISO DEVELOPMENT CORP., JOSE Y. CAMPOS
Before the Court on appeal is the Decision dated March 18,
2003 issued by the Regional Trial Court (RTC) of Antipolo City,
Branch 74, in Civil Case No. 1057-A,...
Promulgated on 2006-12-13
361. CA GR SP 95577: HON. EXECUTIVE SECRETARY, COMMISSIONER OF CUSTOMS, et al. vs. HON. RAMON S. CAGUIOA, et al.
Before the Court is a petition for certiorari with application for
temporary restraining order and/or writ of preliminary injunction
which seeks to annul and set aside the Order...
Promulgated on 2006-12-13
362. CA GR SP 80765: Spouses FERDINAND and CYNTHIA LOGRO vs. PALAWAN BANK, Rep. by President ERIC A. MONDRAGON
A complaint for Ejectment was lodged by the respondent
Palawan Bank (or Palawan Bank) represented by its president Eric A.
Mondragon,...
Promulgated on 2006-12-13
363. CA GR CV 83736: SPS. NESTOR DELA ROSA and GLORIA DELA ROSA, et al. vs. AQUILINA AUSTRIA
At bench is an appeal from the Decision dated May 26, 2004 rendered
by the Regional Trial Court of Malolos City, Branch 14, in Civil Case No.
600-M-2000....
Promulgated on 2006-12-13
364. CA GR CV 69293: FEDERAL BUILDERS, INC. vs. A. B. INDUSTRIES, INC.
The parties to a construction contract are locked in a dispute over alleged defects in the installation of a cement aggregate batching plant....
Promulgated on 2006-12-13
365. CA GR CR 29223: PEOPLE OF THE PHILIPPINES vs. RAQUEL JORGE and VIRGINIA DE GUZMAN
This is an appeal from the Decision of the Regional Trial Court,
Branch 45, Manila finding accused-appellants guilty of the crime of estafa....
Promulgated on 2006-12-13
366. CA GR SP 90402: PHILIPPINE TOURISM AUTHORITY vs. HON. JUDGE PEDRO M. SABUNDAYO, JR.
This is a petition for annulment of judgment under Rule 47 of the 1997 Rules of Civil Procedure seeking to review, annul and set aside the 5 April 2004 Decision of the Regional Trial Court, Branch 203, in Muntinlupa City, in Civil Case No. 03-212...
Promulgated on 2006-12-13
367. CA GR SP 93854: BBCKO MANPOWER SERVICES and ROBERTO VELASCO vs. N L R C, YUYIEN R. DELOS REYES, et al.
Before this Court is a Petition (With Urgent Ex-Parte
Motion for the Issuance of a Temporary Restraining Order
and/or Injunction)...
Promulgated on 2006-12-13
368. CA GR SP 92189: HEIRS OF PABLO BALAJONDA, et al. vs. BENEDICTA MANGAHAS, et al.
Finding no new matter of substance that would warrant the modification much less the reversal of the September 19, 2006 Decision of this Court,...
Promulgated on 2006-12-13
369. CA GR SP 95030: HUN HYUNG PARK vs. HON. CESAR UNTALAN, et al.
Finding no new matter of substance that would warrant the modification much less the reversal of theOctober 30, 2006 Decision of this Court...
Promulgated on 2006-12-13
370. CA GR CR 29738: EDITHA M. MAGTIBAY vs. THE PEOPLE OF THE PHILIPPINES
Finding no new matter of substance that would warrant the modification or reversal of this Court's decision dated September 27, 2006,...
Promulgated on 2006-12-13
371. CA GR CR 26725: PEOPLE OF THE PHILIPPINES vs. GILDA VALDEZ
The accused in this case was found guilty of estafa for
converting goods delivered to her under an obligation to return the
goods or their proceeds....
Promulgated on 2006-12-12
372. CA GR CV 61152: REGINA CARBONILLA vs. REPUBLIC OF THE PHILIPPINES
This is an ordinary appeal from the Decision granting the
Petition for Reconstitution entitled In Re: Petition for
Reconstitution of the Lost/Destroyed Original Copy of Transfer
Certificate of Title No. T-211 of Batangas City Registry of Deeds,...
Promulgated on 2006-12-12
373. CA GR SP 82947: GLORIA S. BACANI vs. PEDRO S. ESTILLOSO
The overriding consideration when extrinsic fraud is alleged is
that the fraudulent scheme of the prevailing litigant prevented a party
from having his day in court (Tolentino vs. Leviste, 443 SCRA 274)....
Promulgated on 2006-12-12
374. CA GR CV 67333: ANASTACIO ARANA vs. PHILIPPINE NATIONAL BANK
This pertains to an appeal from the Decision, which
dismissed the action for specific performance and for sum of
money with damages filed by Anastacio Arana...
Promulgated on 2006-12-12
375. CA GR CV 86387: ROYAL CARGO AGENCIES, INC. vs. FREDERICK FERNANDEZ
Before Us is an appeal from the May 18, 2005 Decision
of the Regional Trial Court (RTC) of Manila, Branch 34, in Civil
Case No. 01-101530 for Sum of Money and Damages,...
Promulgated on 2006-12-12
376. CA GR SP 96179: BALTAZAR S. MAGDADARO vs. NLRC (2nd Division), et al.
This pertains to the Motion for Reconsideration filed by the petitioner
through counsel on 30 October 2006, seeking for the reconsideration of the
Resolution dated 12 October 2006,...
Promulgated on 2006-12-12
377. CA GR CV 85844: LOURDES D. CATIGNAS vs. BANCO FILIPINO SAVINGS & MORTGAGE BANK
The instant appeal challenges the Amended Decision (dated
August 23, 2005) of the Regional Trial Court (Branch 201), of Las
Pinas City in Civil Case No. LP-03-0121....
Promulgated on 2006-12-12
378. CA GR CR 29644: PEOPLE OF THE PHILIPPINES vs. ANDRES NELSON SY y DELOS SANTOS
Before this Court is an appeal from the decision dated
July 8, 2005 of the Regional Trial Court, Third Judicial
Region, Branch 15, Malolos City, Bulacan in Criminal Case
No. 87-M-97 for Homicide...
Promulgated on 2006-12-12
379. CA GR SP 94382: NM ROTHSCHILD & SONS (AUSTRALIA) LIMITED vs. REGIONAL TRIAL COURT, MAKATI CITY, BRANCH 150 et al.
For resolution is petitioner's Motion for Reconsideration of this
Court's decision dated September 8, 2006 dismissing the instant
petition for lack of merit....
Promulgated on 2006-12-12
380. CA GR CV 66001: MEYNARDO DEL CASTILLO vs. REPUBLIC OF THE PHILIPPINES
Before us is an appeal from the Decision, which granted the petition for reconstitution of Transfer Certificates of Title (TCT) No. 10114 and No. 1547 of the Registry of Deeds of Camarines
Sur,...
Promulgated on 2006-12-12
381. CA GR CR 27712: PEOPLE OF THE PHILIPPINES vs. GERARDO FRANCISCO y DACANAY alias "Gerry Laway"
This is an Appeal from the Decision of the Regional Trial Court,
National Capital Judicial Region, Branch 90, Quezon City in Criminal
Case No. Q-99-82596 for illegal sale of shabu...
Promulgated on 2006-12-12
382. CA GR SP 97046: C H A K A, I N C. vs. HON. AMELIA C. MANALASTAS, et al.
A cursory examination of the instant petition yields its outright
dismissal on the following points:...
Promulgated on 2006-12-12
383. CA GR SP 93836: ASIAN LAND STRATEGIES CORPORATION vs. PERLITA REMINAL
Finding no new matter of substance that may warrant
the reconsideration, much less the reversal of this Court's
decision...
Promulgated on 2006-12-12
384. CA GR CV 85544: SPS. GUILLERMO DE VENECIA and IRMA SICAM, et al. vs. GUALBERTO ORPILLA
Finding no new matter of substance that could warrant the reversal or modification of this Court's decision dated October 9, 2006,...
Promulgated on 2006-12-12
385. CA GR SP 95708: PERM SECURITY and INVESTIGATION AGENCY , et al. vs. NLRC, et al.
As prayed for by the petitioners in their Motion to Withdraw
Petition dated October 25, 2006, stating that both parties have
agreed to enter into a full settlement of the case,...
Promulgated on 2006-12-12
386. CA GR CV 87116: BANK OF THE PHILIPPINE ISLANDS vs. SPS. ALFREDO G. MARASIGAN & CRISTINA T. MARASIGAN
It appearing that the appellants, through their counsel, Atty.
Bede S. Tabalingcos, have filed a Manifestation and Motion to
Withdraw Petition dated November 9, 2006 stating that they have
entered into a Deed of Conditional Sale of the property...
Promulgated on 2006-12-12
387. CA GR SP 95226: EDUARDO ESPINOZA and CARMELITO MANGULABNAN vs. ERNESTO NATIVIDAD
Before this Court is petitioner Eduardo Espinoza's Motion for
Reconsideration of the Resolution dated 30 June 2006 which
dismissed the petition for review for failure of petitioner to attach the
following pleadings and relevant portions of the record o...
Promulgated on 2006-12-12
388. CA GR CV 86539: IRENEO BARCELONA vs. REYNALDO FRANCISCO
For failure of the defendant-appellant Reynaldo Francisco to file
the required appellant's brief despite the ninety (90) days extension
granted by this Court in a resolution dated July 5, 2006,...
Promulgated on 2006-12-12
389. CA GR SP 97076: SPOUSES CELSO D. LAVINA and LIGAYA Q. LAVINA vs. HON. FORTUNITO L. MADRONA, et al.
In this petition for certiorari with prayer for the issuance
of a temporary restraining order and writ of preliminary
injunction, petitioners seek to annul the Third Notice of Sheriff's
Sale dated 06 November 2006...
Promulgated on 2006-12-12
390. CA GR CV 66220: TEODORO PAPA vs. ANTONIO DELA CRUZ, JR.
This is an appeal from a decision which dismissed a
complaint for Specific Performance with Damages filed by
plaintiff-appellant Teodoro Papa against defendant-appellee
Antonio de la Cruz, Jr....
Promulgated on 2006-12-12
391. CA GR CV 82395: GENMARC INDUSTRIES, INC. et al. vs. COMMONWEALTH INSURANCE COMPANY
Before us is an appeal from the decision dated August 1, 2003 of the
Regional Trial Court, Branch 56 of Makati City in Civil Case No. 93-1645...
Promulgated on 2006-12-12
392. CA GR SP 92706: ALPADI DEVELOPMENT CORPORATION vs. HON. SILVINO T. PAMPILO, JR., and MARILOU MANANSALA
This Decision resolves herein petitioner Alpadi Development
Corporation's petition for certiorari under Rule 65 of the 1997 Rules of Civil
Procedure,...
Promulgated on 2006-12-12
393. CA GR SP 95849: ALTENEE COMPANY, INC., et al. vs. NLRC, et al.
This pertains to the Motion for Reconsideration filed by the
petitioners through counsel on 10 October 2006, seeking for the
reconsideration of the Resolution dated 12 September 2006, the decretal
portion of which reads:...
Promulgated on 2006-12-11
394. CA GR SP 78288: KEPCO PHILIPPINES CORPORATION vs. THE COMMISSIONER OF INTERNAL REVENUE
On appeal by way of petition for review under Rule 43 of the
Rules of Court is the decision rendered by the Court of Tax Appeals...
Promulgated on 2006-12-11
395. CA GR CV 86961: FRANCISCO GASCON vs. SPS. MANUEL GASCON and AMELIA GASCON and JOSE CHUA
For failure of herein plaintiff-appellant to comply with the order of this
Court requiring him to pay the deficit in the corresponding docket and other
lawful fees within the prescribed period...
Promulgated on 2006-12-11
396. CA GR SP 96592: ROBERTO ALTARES and ROGELIO ALTARES vs. HEIRS OF ANASTACIO and BONIFACIA KASAYSAYAN, et al.
A careful perusal of the petition and its supporting documents
revealed that petitioner submitted plain photocopies of the assailed
orders dated August 7 and September 8, 2006...
Promulgated on 2006-12-11
397. CA GR SP 96795: SOTERO PARRO vs. MARIA PAZ R. REYES-YSON, et al.
Before this Court is a petition for annulment of the following final
orders rendered by Branch 263 of the Regional Trial Court of Pasig City:...
Promulgated on 2006-12-11
398. CA GR CV 86901: CRISTY VIOLETA GONZALES vs. SPS. SPO2 HERNANI & PERLITA AGA, ET AL.
It appearing that no appellant's brief was filed within the reglementary
period per JRD Report dated October 11, 2006, the instant appeal is hereby
deemed ABANDONED and ordered DISMISSED...
Promulgated on 2006-12-11
399. CA GR SP 94478: NATIONAL HOUSING AUTHORITY vs. HON. JUDGE JOSE C. PANEDA, et al.
Acting on the Motion to Withdraw petition dated September 4,
2006 filed by petitioner through counsel and finding the same to be
in order...
Promulgated on 2006-12-11
400. CA GR CV 95063: MAGSAYSAY MARITIME CORPORATION vs. NATIONAL LABOR RELATIONS COMMISSION, (2nd DIV), ET AL.
Acting on the Motion to Withdraw Petition dated November 6,
2006 on the ground that the parties have amicably settled the case
and submitted the following documents to wit:...
Promulgated on 2006-12-11
401. CA GR CV 85825: ERLINDA S. OLIVARES, et al. vs. ENGRACIO N. ESCASINAS, JR., ET AL.
Considering that no appellant's brief was filed by appellants within
the reglementary period as per JRD Report dated November 22, 2006,...
Promulgated on 2006-12-11
402. CA GR CV 86747: REPUBLIC OF THE PHILIPPINES Rep by DPWH vs. GILBERT DEVELOPMENT CORPORATION
Acting on the Manifestation and Motion (To Withdraw Appeal)
dated October 6, 2006 filed by the Office of the Solicitor General and
finding the same to be in order,...
Promulgated on 2006-12-11
403. CA GR SP 95510: INTERORIENT MARITIME ENTERPRISES, INC. vs. N L R C (3rd Div.) and VICTORIA R. BALIO
Acting on the Motion to Withdraw Petition dated September 29,
2006 filed by petitioner through counsel on the ground that the
parties have amicably settled the case...
Promulgated on 2006-12-11
404. CA GR SP 93268: CESAR B. CAGADO, et al. vs. N L R C, COCA-COLA BOTTLERS PHILS., INC., et al.
This is a petition for certiorari under Rule 65 of the 1997 Rules of
Civil Procedure, as amended, seeking to set aside the Resolutions dated July
26, 2005 and November 29, 2005,...
Promulgated on 2006-12-11
405. CA GR SP 92377: ROSARIO G. LASERNA vs. HON. JOSE G. PANEDA et al.
Acting on the motion of petitioner for the reconsideration of this
Court's August 18, 2006 Decision denying due course to and
dismissing the petition, we find no cogent or justifiable reason to grant
the same....
Promulgated on 2006-12-11
406. CA GR SP 90582: REX G. RICO vs. THE HON. SECRETARY OF JUSTICE et al.
Before us is a Motion for Reconsideration filed by petitioner
from our decision promulgated on May 22, 2006 denying his petition
for lack of merit....
Promulgated on 2006-12-11
407. CA GR SP 92452: METROPOLITAN BANK AND TRUST COMPANY vs. HON. RAUL M. GONZALEZ, et al.
Acting on the motion of private respondent for the
reconsideration of this Court's July 12, 2006 Decision giving due
course to the petition, we find no cogent or justifiable reason to grant
the same....
Promulgated on 2006-12-11
408. CA GR SP 93769: GRACIANO ARNALDO, JR. vs. MANOTOK SERVICES, INC.
We have carefully reviewed our Decision of August 18, 2006
denying due course to the instant petition and the reasons therefor
and we are more convinced of its correctness....
Promulgated on 2006-12-11
409. CA GR CV 84124: REMEDIOS NERY-AVILA and ISABEL NERY vs. MONICA P. DE JESUS-QUINTO, ET. AL.
The defendants-appellants impugn the Decision dated 15 October 2004 of Branch 64, Regional Trial Court of Labo,
Camarines Norte which found their titles thereto to have been procured fraudulently, and thereby granted the plaintiffsappellees' prayer for r...
Promulgated on 2006-12-11
410. CA GR SP 93208: NATION'S PROTECTIVE AND SECURITY SERVICES, INC. vs. NLRC (2ND DIVISION) AND NORBERTO M. VILL
We have carefully reviewed our Decision of August 14, 2006
denying due course to the instant petition and the reasons therefor
and we are more convinced of its correctness....
Promulgated on 2006-12-11
411. CA GR SP 94029: NAGKAKAISANG MANGGAGAWA NG ISETAN - SUPER FOUR (4) OTHERS vs. NLRC et al.
It appearing that the arguments raised by the petitioners in their Motion for Reconsideration are mere rehash of those which were already passed and ruled upon in the decision of this Court dated October 16, 2006,...
Promulgated on 2006-12-11
412. CA GR SP 92817: CARINA I. CUNNINGHAM vs. SPOUSES JEREMIAS V. ROMANA & SALOME S. ROMANA et al.
This is to resolve the motion for reconsideration filed by private
respondents from the Decision of this Court dated August 11, 2006
giving due course to the instant petition....
Promulgated on 2006-12-11
413. CA GR CV 64339: LORENZO AMAGUEN vs. ATLAS CONSOLIDATED MINING DEVELOPMENT CORPORATION
This is an appeal from a decision which dismissed the complaint for specific performance and damages that was filed by
herein plaintiff-appellant....
Promulgated on 2006-12-11
414. CA GR SP 93596: GREGORIO FERNANDEZ vs. JACINTO PASCUA
Finding no new matter of substance that would warrant the modification or reversal of thedecision dated August 31, 2006,...
Promulgated on 2006-12-11
415. CA GR SP 90247: WILFREDO S. LIM vs. REMEDIOS SAN DIEGO
For resolution is petitioner's Motion for Reconsideration praying
for the reconsideration of the May 22, 2006 Decision dismissing for
lack of merit the instant petition....
Promulgated on 2006-12-11
416. CA GR CR 29460: PEOPLE OF THE PHILIPPINES vs. MARICRIS C. AGUINALDO
For our review is the Decision which found the accusedappellant
guilty beyond reasonable doubt of estafa through false
pretense, in an Information,...
Promulgated on 2006-12-11
417. CA GR SP 91995: RUBEN YAMILAO vs. NATIONAL LABOR RELATIONS COMMISSION, et al.
For the resolution of the Court is petitioner's motion for
reconsideration of Our Decision dated August 31, 2006 denying due
course to the instant petition filed by petitioner....
Promulgated on 2006-12-11
418. CA GR CV 85877: VALBUECO INCORPORATED vs. MANUEL UY & SONS, INC.
In a contract to sell real property on installments or in a
deed of conditional sale, much unlike in a contract of sale,...
Promulgated on 2006-12-11
419. CA GR CV 75534: BENJAMIN DE GUZMAN vs. WR TWIN BROTHERS MANAGEMENT & DEV. CORP. ET. AL.
We apply this principle in this appeal from the
Decision, dated July 4, 2001, of the Regional Trial Court of
Makati City, Branch 56, in Civil Case No. 89-4117 for
damages,...
Promulgated on 2006-12-11
420. CA GR CV 85349: CALIXTO MACULAM, JR. vs. MERCEDES MONJE, ET AL.
On 20 June 2006, pursuant to Section 7, Rule 44 of the 1997 Rules of
Civil Procedure, this Court required the plaintiff-appellant to file with this
Court his Appellant's Brief within forty-five (45) days from receipt of
notice....
Promulgated on 2006-12-08
421. CA GR SP 83983: THE INSULAR LIFE ASSURANCE CO., INC. vs. HON. RENATO G. QUILALA , et al.
Before this Court is a Joint Motion to Approve Compromise
Agreement and Motion to Dismiss filed by petitioner and private
respondent praying that the Compromise Agreement executed by the
parties be approved and the petition be accordingly dismissed....
Promulgated on 2006-12-08
422. CA GR SP 96955: UNIVERSITY OF PANGASINAN vs. UNIVERSITY OF PANGASINAN FACULTY UNION
It appearing that the petitioner has filed the instant petition
within the extended period prayed for in its motion for extension
dated November 3, 2006, the petition filed on November 17, 2006 is
ADMITTED....
Promulgated on 2006-12-08
423. CA GR SP 87689: ALON DIMACULANGAN & ASSO. and/or MARY ANN G. ALON vs. NATHANIEL M. ALON, ET AL. and HON. N L R C
Before Us is petitioner's Motion For Reconsideration of the Decision
dated July 20, 2006.
It appears that petitioner's motion for reconsideration merely reiterates
the same matters and arguments earlier raised in her petition,...
Promulgated on 2006-12-08
424. CA GR SP 80108: Spouses MARIANO & CLARITA NG vs. OFFICE OF THE PRESIDENT, BERCION IMPORT & EXPORT CORPORATION
The spouses Mariano and Clarita Ng (or the Ngs for brevity) by this
petition for certiorari ask that the decision of the Office of the
President (or the OP) dated June 23, 1999 and subsequent resolution...
Promulgated on 2006-12-08
425. CA GR SP 86823: THE HON. DOMINADOR B. GAVINO, et al. vs. THE HON. EMILIA T. BONCODIN, et al.
For resolution before this Court is petitioners' motion for
reconsideration of Our Decision dated 25 April 2006 dismissing the
petition for certiorari and prohibition....
Promulgated on 2006-12-08
426. CA GR CV 67410: VICENTE CUELLO vs. CLEOMEDES, TERESITA, DIVINA, GINA all surnamed DE MESA
This is an appeal from the decision dated April 17, 2000
rendered by Branch 29, RTC, San Pablo City, in Civil Case No. SP-
4857, the dispositive portion of which states,...
Promulgated on 2006-12-08
427. CA GR SP 96467: BRILLANTES AND BILGERA, INC., et al. vs. DEPARTMENT OF JUSTICE, et al.
In this petition for certiorari, petitioners assail the Resolution
dated April 17, 2006 of the Department of Justice, Manila which
reversed and set aside the Resolution dated November 25, 2005...
Promulgated on 2006-12-08
428. CA GR SP 93540: DENNIS URETA, et al. vs. N L R C, NATIONAL PANASONIC, MR. HAMA, et al.
Challenged in this petition for certiorari, as tainted with grave abuse of
discretion amounting to lack or excess of jurisdiction...
Promulgated on 2006-12-08
429. CA GR CV 83451: MIGUEL ASUNCION TOLENTINO vs. LORETA Z. PAUZAL TOLENTINO
This is an appeal from the Decision dated March 2, 2004 of the
Regional Trial Court of Manila, Branch 38 in Civil Case No. 93-65055,...
Promulgated on 2006-12-08
430. CA GR SP 94090: ALBERTO BEQUILLO and ERLINDA BEQUILLO vs. SPS. GERSON ASUNCION, JR., et al.
Appeal by petition for review from the Decision rendered on March 2,
2006 by the Regional Trial Court (or RTC) of Iriga City, Branch 35,...
Promulgated on 2006-12-08
431. CA GR CV 76382: SPOUSES ERNESTO AND LEONOR C. CAYETANO vs. FAR EAST BANK AND TRUST COMPANY, et al.
We address the issue of the validity of a real estate mortgage
executed by a party who is actually an attorney-in-fact of the owner of
the mortgaged property but who executes the mortgage in her own
name and not on behalf of the principal....
Promulgated on 2006-12-08
432. CA GR SP 85460: GEORGE YAP vs. HON. JUAN O. BERMEJO, JR. and PALM SPRING REAL ESTATE CORPORATION
Before Us is petitioner's Motion For Reconsideration of the Decision
dated June 28, 2006.
After a thorough examination of the grounds relied upon by petitioner
in his motion, this Court finds that the reasons and arguments in support
thereof are mer...
Promulgated on 2006-12-08
433. CA GR SP 81708: PONCIANO DOCTOR vs. Hon. MILNAR T. LAMMAWIN and MAGDALENA DUMLAO
Ponciano Doctor (or Doctor for brevity) in this petition for certiorari
asks that the Resolution dated October 28, 2003 denying his Motion
to Strike Out Pre-Trial Proceedings and to Dismiss Action,...
Promulgated on 2006-12-08
434. CA GR CV 65892: FAR EAST BANK & TRUST COMPANY vs. SPS. BONIFACIO and PERSEVERANDA DOMISIW, ET. AL.
This is an appeal from a Decision, which granted the
petitioner-appellee's petition for issuance of a writ of possession
over a real property covered by Transfer Certificate of Title (TCT)
No. 268893 and directed the issuance of such writ of possessi...
Promulgated on 2006-12-08
435. CA GR CR 27210: PEOPLE OF THE PHILIPPINES vs. ROMEO C. ARADANAS, JR.
This is an appeal from the Decision of the Regional
Trial Court of Quezon City, Branch 92, in Criminal Case No.
Q-95-62792, which convicted accused-appellant of
homicide....
Promulgated on 2006-12-07
436. CA GR CV 85069: SPS. JEREMIAH & SALOME ROMANA vs. CARINA IMPERIAL VDA. DE CUNNINGHAM
Before this Court is defendant-appellants' motion for
reconsideration of our Resolution of July 12, 2006 dismissing the
appeal for their failure to serve and file the required brief within the
reglementary period....
Promulgated on 2006-12-07
437. CA GR SP 93328: HEDY ESMANE DIAZ vs. HON. ERASTO D. TANCIONGCO, et al.
Acting on the motion of petitioner for the reconsideration of this
Court's June 9, 2006 Decision denying due course and dismissing
the petition, we find no cogent or justifiable reason to grant the same....
Promulgated on 2006-12-07
438. CA GR CV 93926: JOSE LIM AND RAMON YU vs. THE HON. DEPARTMENT OF JUSTICE AND MARCELINO F. CUAN
A special civil action for certiorari will prosper only if a grave
abuse of discretion is manifested (Arceta vs. Mangrobang, 432
SCRA 136)....
Promulgated on 2006-12-07
439. CA GR CV 77968: CESARIO FUNDALES vs. COL. PAMPILO LACSON and BRIG. GEN. FIDEL SINGSON
In this appeal, appellant contests the lower court's decision
dismissing the complaint. The dispositive portion of the assailed
decision reads:...
Promulgated on 2006-12-07
440. CA GR SP 81852: DENNIS FRANCIS G. MANATAD vs. N L R C, PISCES INT'L.. PLACEMENT and / or JOSEFINA M. CASTILLO
By this petition for certiorari, Dennis Francis G. Manatad (or
Manatad for brevity) assails the Decision dated August 29, 2003 (pp. 111-117,
rollo) of the respondent National Labor Relations Commission...
Promulgated on 2006-12-07
441. CA GR SP 91299: ATTY. EULALIO B. MENLA, JR. vs. THE HON. AMALIA F. DY et al.
Before this Court is petitioner's motion for reconsideration of
our Resolution of June 21, 2006 dismissing the petition for being a
wrong mode of appeal pursuant to Section 2, Rule 50 of the 1997
Rules of Civil Procedure....
Promulgated on 2006-12-07
442. CA GR SP 86000: SUNNY A. JUAN, et al. vs. STENIEL CAVITE PACKAGING CORPORATION
Before Us is petitioners' Motion for Reconsideration of this
Court's Decision dated May 26, 2006....
Promulgated on 2006-12-07
443. CA GR SP 80229: SILVESTRE AVISO vs. Hon. JUDGE CONCEPCION S. ALARCON-VERGARA, et al.
In this Petition for Certiorari and Prohibition with Prayer for
Temporary Restraining Order or Preliminary Injunction,...
Promulgated on 2006-12-07
444. CA GR SP 80623: GINES A. DIVINA vs. Heirs of RICARDO SALVADOR, et al.
Sought to be set aside in this petition for review is the decision
dated October 29, 2003 of the Regional Trial Court stationed in San
Jose City which affirmed with modification the decision...
Promulgated on 2006-12-07
445. CA GR CV 80476: ROSENIA VENUS M. DE, GUZMAN- SEBALLOS vs. ANDRES M. SEBALLOS, et al.
This resolves Petitioner-Appellee's Petition for Annulment of
Judgment seeking to annul Our Decision dated December 23, 2004
reversing the decision...
Promulgated on 2006-12-07
446. CA GR SP 96191: JIMMY N. GOW AND ANICETA GOW vs. MILTON INC. AND GARMAS, INC.
This is a petition for review filed under Rule 43 seeking to reverse the
Decision dated May 4, 2006 as modified by the Order dated August 23, 2006 of
the Office of the President...
Promulgated on 2006-12-07
447. CA GR CV 85579: DAVID O. HALOC vs. RYAN ABOTANATIN and LETECIA AGRA
Appeal from the Decision dated July 11, 2005 of the Regional Trial Court of
Sorsogon City, Branch 53, in Civil Case No. 2002-7056,...
Promulgated on 2006-12-07
448. CA GR CR 29962: SALVADOR VILLAREAL, JR. vs. PEOPLE OF THE PHILIPPINES
The instant "PETITION FOR REVIEW" filed under Rule 42,
Rules of Court, as amended, is hereby DISMISSED...
Promulgated on 2006-12-06
449. CA GR CV 85925: HEIRS OF SIMEON MAULEON, et al. vs. DEOGENES TORRES, CELESTINO TORRES, et al.
This is an appeal from the Decision dated July 21, 2005 of the Regional
Trial Court of Masbate City, Branch 45 in Civil Case No. 5373 for "Recovery of
Possession And Ownership...
Promulgated on 2006-12-06
450. CA GR CV 67948: ROSALINE BUNQUIN, et al. vs. THE 1st MUNICIPAL CIRCUIT TRIAL COURT OF BACO-SAN TEODORO, et al.
Before us is an appeal from the Order of the Regional Trial
Court of Calapan City, Oriental Mindoro, Branch 40, in Civil Case No.
R-4846, which dismissed plaintiffs-appellants' petition for annulment
of judgment....
Promulgated on 2006-12-06
451. CA GR CV 74175: ELMER VELASCO vs. ALMIRA J. CARVAJAL
This is an appeal by the Republic of the Philippines, through the
Solicitor General, from the Decision dated January 25, 2002 of the
Regional Trial Court of Dagupan City, Branch 43, in Civil Case No.
2000-0075-D,...
Promulgated on 2006-12-06
452. CA GR SP 82078: GELACIO FLORES vs. MARIA ESTELA MEJORADA, et al.
This resolves the Motion to Dismiss filed on July 19,
2006 by petitioner's counsel with the specific pertinent
allegation, inter alia, that:...
Promulgated on 2006-12-06
453. CA GR CR 29439: PEOPLE OF THE PHILIPPINES vs. JOSE CAJUDO y TIOSON
This is an appeal from the Decision dated December 14, 2004
of the Regional Trial Court of Manila, Branch 29, in Criminal Case No.
98-162773, finding the accused-appellant Jose Cajudo guilty beyond
reasonable doubt of the crime of robbery....
Promulgated on 2006-12-06
454. CA GR SP 87781: ERLINDA TOLENTINO vs. CORAZON C. DAVIS et al.
After a careful perusal of the Motion for Reconsideration (Rollo, pp.
144-147) filed by petitioner of the Decision of this Court dated July 25,
2006 (Rollo, pp. 126-133), the Court finds no cogent reason to reconsider
said decision....
Promulgated on 2006-12-06
455. CA GR CR 30050: PEOPLE OF THE PHILIPPINES vs. REMEDIOS MACAVINTA
In Our Resolution dated 04 September 2006, We granted the accused-appellant an extension period of sixty (60) days from 11 August 2006 or until 10 October 2006 within which to file her brief....
Promulgated on 2006-12-06
456. CA GR SP 88533: WILDA ORIBIANA, DELTA ANDRES, et al. vs. NATIONAL LABOR RELATIONS COMMISSION, et al.
WHEREFORE, premises considered, the petition is hereby
DISMISSED. The questioned Resolutions dated 6 September 2004 and 22
November 2004 of public respondent NLRC are AFFIRMED in toto....
Promulgated on 2006-12-06
457. CA GR SP 82890: CECILIA F. DUCA, et al. vs. PEDRO CALANAYAN, et al.
Before us is a petition for review of the Decision of the Regional
Trial Court, Branch 44, Dagupan City, which affirmed the Resolution/Order...
Promulgated on 2006-12-05
458. CA GR SP 92828: TING GUAN TRADING CORP. vs. HON. CESAR D. SANTAMARIA et al.
Acting on the motion of petitioner for the partial reconsideration of this
Court's July 5, 2006 Decision giving due course to the petition, we find no cogent or justifiable reason to grant the same....
Promulgated on 2006-12-05
459. CA GR SP 78052: SPS. RICARDO AND GLORIA CORREA vs. SPS. DOMINADOR AND MELECIA LIRIO, et al.
This pertains to the petitioners' Motion for Reconsideration (Rollo, p. 386) of the Decision dated 26 January 2005 (Id., p. 372) and the respondent Ana Marie Estrella's Comment/Opposition thereto (Id., p. 402). The other respondents did not file their com...
Promulgated on 2006-12-05
460. CA GR CR 23023: PEOPLE OF THE PHILIPPINES vs. RUDY MAGDARAOG y MALANA
It is settled that where an accused admits killing the victim but
invokes self-defense to escape criminal liability, he assumes the
burden to establish his plea by credible, clear and convincing
evidence....
Promulgated on 2006-12-05
461. CA GR CV 86995: MA. TERESA TIANIA vs. RUDY CARLOS, ET.AL
Counsel for defendants-appellants received the notice to file brief on 11 August 2006 which expired last 13 October 2006....
Promulgated on 2006-12-05
462. CA GR SP 97031: SPO1 CATALINO A. GONZALES, JR. vs. HON. AURELIO G. ICASIANO, JR.
Before Us is a petition for certiorari assailing the court a quo's decision
and resolution in Criminal Case No. TMCR-0035-05 on the ground that respondent
Judge committed grave abuse of discretion in treating and considering
two absolutely contradictor...
Promulgated on 2006-12-05
463. CA GR SP 74781: ROGELIO R. SANTOS, et al. vs. HON. TOMAS B. TALAVERA, et al.
Petitioners Rogelio R. Santos, Sr., Benito R. Santos,
Margaruette de Joya, Spouses Ricardo and Linda Dela Cruz, and
Engr. Mac Arthur Yap (hereinafter petitioners), in this petition for
certiorari1 with prayer for the issuance of a temporary restraining...
Promulgated on 2006-12-05
464. CA GR SP 96278: LOYOLA MEMORIAL CHAPELS, INC. vs. NLRC & CRISTOPHER CORPUZ
Considering that Our October 6, 2006 Resolution addressed
to private respondent Cristopher Corpuz was returned unserved,
and in view of petitioner's Compliance filed on November 28, 2006,...
Promulgated on 2006-12-05
465. CA GR SP 96977: DOLORES D. YU vs. NATIONAL LABOR RELATIONS COMMISSION (3rd Division), et al.
This pertains to the Petition for Certiorari filed by the petitioner
through counsel on 23 November 2006....
Promulgated on 2006-12-05
466. CA GR CV 86985: HEIRS OF CELERINA B. MACABEO, et al. vs. SPS. SHIRLEY BONETE MABEZA, And JOEL MABEZA, et al.
Pursuant to Section 1 (d) of Rule III of the 2002 Internal Rules of Court of Appeals as amended provides that:...
Promulgated on 2006-12-05
467. CA GR SP 96968: JOSEPH VOLTAIRE DE HITTA vs. ROSEMARIE H. SIA, D I L G, et al.
Before Us is a petition for quo warranto filed against Mayor
Rosemarie Sia of Pilar Sorsogon by her Vice Mayor Joseph
Voltaire De Hitta....
Promulgated on 2006-12-05
468. CA GR SP 96887: CHENG HONG MARINE PRODUCTS/ PAZ PAN vs. HON. JUDGE FORTUNITO L. MADRONA, et al.
On November 20, 2006, this Court issued a Resolution: (a) granting
petitioners an extension of 15 days from October 30, 2006, or until November
14, 2006,...
Promulgated on 2006-12-05
469. CA GR SP 91784: BERNADETTE CONCEPCION-YNION vs. EUGENIO SALVA YNION, JR.
In our Resolution of July 3, 3006, we required the petitioner to furnish
the OSG with copy of her petition and the pertinent annexes within 5 days
from notice and apprise the Court of her compliance....
Promulgated on 2006-12-05
470. CA GR CV 64365: PEOPLE OF THE PHILIPPINES, et al. vs. SIMEON URSUA Y GUTIERREZ and LORETO URSUA
This is an appeal from the civil aspect of the Decision dated July
23, 1998 in Criminal Case No. 8436 rendered by Branch 39, Regional
Trial Court, Fifth Judicial Region, Daet, Camarines Norte....
Promulgated on 2006-12-04
471. CA GR CV 85726: MA. THERESA D. RAMOS vs. MYRNA TINIO
Sought for review in this appeal is the Decision dated April 21, 2005 of Branch 50 of the Regional Trial Court (RTC)
of Manila in a case for Sum of Money and Damages filed by plaintiff Ma. Theresa D. Ramos against defendant Myrna Tinio,...
Promulgated on 2006-12-04
472. CA GR CV 72845: HEIRS OF TELESFORO JULAO, et al. vs. SPOUSES ALEJANDRO and MORENITA DE JESUS
This is an appeal from the Decision dated August 10, 2001
rendered by Branch 60, Regional Trial Court, First Judicial Region,
Baguio City in Civil Case No. 4308-R....
Promulgated on 2006-12-04
473. CA GR SP 81581: METROPOLITAN BANK AND TRUST CO. vs. HON. NOVATO T. CAJIGAL, et al.
Subject of this petition for certiorari are the Orders dated
August 12, 2002 which denied petitioner's Motion to Dissolve Writ of
Preliminary Injunction...
Promulgated on 2006-12-04
474. CA GR SP 79138: MANILA JOCKEY CLUB,INC. and RODOLFO H. PRADO vs. THE HON. NLRC and DR. FELIFE B. BUENCAMINO
This is a petition for certiorari under Rule 65 of the Revised Rules
of Court which assails the following:...
Promulgated on 2006-12-04
475. CA GR SP 80581: NESTOR M. BATILO vs. REGIONAL TRIAL COURT, BRANCH XXIV, MANILA and PEOPLE OF THE PHILIPPINES
Before this Court is a petition for certiorari filed under Rule 65
of the Rules on Civil Procedure assailing the Orders dated August 11,
2003 and October 13, 2003 of the Regional Trial Court of Manila,...
Promulgated on 2006-12-04
476. CA GR SP 92962: RIZAL TEACHERS KILUSAN BAYAN FOR CREDIT, INC., vs. HON. JUDGE MANUEL M. BARRIOS, et al.
Before this Court is a Petition for Review under Section 1 Rule
42 of the Rules of Civil Procedure, which seeks to annul the Decision
dated 27 September 2005,...
Promulgated on 2006-12-04
477. CA GR CV 82064: EDGARDO COMPRADO, FELY TOLORES and EDITH GALVEZ vs. JESUS MARIBOJOC and ROSITA MARIBOJO
Before the Court is an appeal from the Order dated July 21, 2003 of
the Regional Trial Court (RTC) of Quezon City, Branch 216, dismissing
Civil Case No. Q-03-49128...
Promulgated on 2006-12-04
478. CA GR CR 01627: PEOPLE OF THE PHILIPPINES vs. NOEL T. SALES
This is an appeal from the Joint Decision dated August 3, 2005
rendered by the Regional Trial Court (RTC), Branch 65, Calabanga,
Camarines Sur,...
Promulgated on 2006-12-04
479. CA GR CR 00306: THE PEOPLE OF THE PHILIPPINES vs. RUBEN ROBLES
Before Us is an appeal filed by accused-appellant Ruben
Robles y Novilinio alias Bombay from the Decision dated June 18,
2004...
Promulgated on 2006-12-04
480. CA GR CV 81486: SPOUSES FE and NARCISO ROSERO vs. SPOUSES ANTONIO CASTOR and ELSA MAGALLANES
This is an appeal from the Joint Decision of the Regional Trial
Court (RTC), Branch 45, Masbate City, dated December 8, 2003, in
Civil Case Nos. 4778 and 4798,...
Promulgated on 2006-12-04
481. CA GR SP 96822: NEW CT MINING COMPANY vs. TAPAYA MINING ASSOCIATION
Before the Court is petitioner's "Petition for Review" in compliance
with the Resolution dated November 15, 2006....
Promulgated on 2006-12-04
482. CA GR SP 92574: ERLINDA F. CLIDORO vs. N L R C and CASINO BAR and VINCENZO LOMBARDO
Before the Court is a petition for certiorari which seeks to annul
and set aside the Resolution dated May 31, 2005 of the National
Labor Relations Commission (NLRC),...
Promulgated on 2006-12-04
483. CA GR CV 60142: GLM-NICOLAS LENDING CORPORATION vs. DIVINA VENTURA, et al.
This is an appeal from the Decision dated March 13, 1998, rendered
by the Regional Trial Court (RTC), Branch 24, Cabanatuan City in Civil
Case No. 2592-AF,...
Promulgated on 2006-12-04
484. CA GR SP 77992: PROCTER AND GAMBLE PHILS. INC. vs. PEERLESS PRODUCTS MANUFACTURING CORPORATION
This is a petition for review assailing the Decision of the
Director General of the Intellectual Property Office (IPO) dated June
27, 2003, affirming the Decision...
Promulgated on 2006-12-04
485. CA GR CR 27565: PEOPLE OF THE PHILIPPINES vs. JULIA RAGANIT, et al.
This is a Petition for Review filed by herein petitioners Julia Raganit, Antonio Raganit and Arnold Raganit pursuant to Rule 42,...
Promulgated on 2006-12-04
486. CA GR CV 79680: ANTHONY ORDUNA, et al. vs. EDUARDO J. FUENTEBELLA, et al.
This is an appeal under Rule 41 of the Revised Rules of Court from the 26 May 2003 Decision of the Regional Trial Court (RTC) of Branch 3, Baguio City in Civil Case No. 4984-R...
Promulgated on 2006-12-04
487. CA GR SP 93412: BELINDA S. VILLASIN vs. PEOPLE OF THE PHILIPPINES; HON. REYNALDO G. ROS, et al.
Before the Court is a petition for certiorari under Rule 65 of the Rules of
Court seeking to reverse the Decision dated February 7, 2005 of Branch 33,
Regional Trial Court of Manila (RTC) in Criminal Case Nos. 04-230574-75...
Promulgated on 2006-12-04
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