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Court of Appeals
Ma. Orosa St.,
Ermita, Manila,
Philippines
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Today is Monday, May 20, 2013
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Promulgated Decisions and Resolutions
for September, 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 70150: SPOUSES WARLITO and HERMINIA BUSTOS vs. SPOUSES VENANCIO and CECILIA VIRAY, et al.
Before Us is an Appeal filed by Plaintiffs- Appellants Spouses
WARLITO and HERMINIA BUSTOS (hereinafter Appellants) assailing the
Order dated 12 January 2001 of the Regional Trial Court, Third Judicial
Region, Branch 54, Macabebe, Pampanga in CIVIL Cas...
Promulgated on 2006-09-27
2. CA GR CV 85004: RAMON MARIANO vs. AGNES DE JESUS and RODOLFO PAGALA, JR.
This decision resolves defendants-appellants Agnes de Jesus and Rodolfo
Pagala, Jr.'s appeal from the judgment of the Regional Trial Court, Branch 64 of
Tarlac City in Civil Case No. 9021, a civil action for damages based on quasidelict....
Promulgated on 2006-09-27
3. CA GR SP 92768: WILSON P. CHAM vs. HON. RAUL M. GONZALEZ, et al.
This Decision resolves petitioner Wilson P. Cham's petition for certiorari
under Rule 65 of the 1997 Rules of Civil Procedure, which seeks to annul and set
aside the resolutions dated May 16, 2005 and October 27, 2005 issued by public
respondent Secr...
Promulgated on 2006-09-27
4. CA GR CV 80547: A G & E ALLIED SERVICES, CO. vs. DUTCH BOY PHILIPPINES, INC.
At bar is an appeal under Rule 41 of the 1997 Rules of
Civil Procedure from the August 5, 2003 Decision of the
Regional Trial Court (RTC) of Pasig City, Branch 68, in Civil
Case No. 67659 dismissing herein plaintiff-appellant's
complaint for Collect...
Promulgated on 2006-09-27
5. CA GR CV 76499: ALMA BAGUNU, FREDERIC NOEL BAGUNU, et al. vs. ROBERTO BAQUIRAN, et al.
Before Us is an appeal from the Decision of the Regional Trial
Court (RTC) of Pasig City, Branch 155 dated February 20, 2002 in
Civil Case No. 62477....
Promulgated on 2006-09-27
6. CA GR SP 87441: MARCELINA GELASIN vs. SOCIAL SECURITY SYSTEM (SSS) and CJ YULO AND SONS, INC.
Subject of this review is the Decision of the Employees
Compensation Commission dated September 23, 2004 in ECC Case
No. SM-16509-0708-04 denying petitioner's claim for death benefits
due her husband under the Employees' Compensation Law....
Promulgated on 2006-09-27
7. CA GR CV 84444: GLORIA M. MORADA vs. SPOUSES AUGUSTO and ROSALINDA MENDOZA
In light of the averments in the Manifestation/Motion filed by Atty.
Marana and the written Conformity of respondents-appellants to
withdraw the instant appeal, the Court hereby resolves to:...
Promulgated on 2006-09-27
8. CA GR CV 80825: SPOUSES ROSALINDA F. MIGUEL, et al. vs. MARCELO SANTIAGO
This is an appeal from the Decision dated May 8, 2003
and the Order dated June 27, 2003 of the Regional Trial
Court of Malolos City, Bulacan, in Civil Case No. 70-M-2001,...
Promulgated on 2006-09-27
9. CA GR SP 92644: PRIMAX CONTAINER CORPORATION vs. NLRC, et al.
On August 22, 2006, the parties, assisted by their respective
attorneys, filed a "Joint Motion to Dismiss" this case, on the ground that
during the scheduled hearing of this case on August 17, 2006,...
Promulgated on 2006-09-27
10. CA GR SP 90969: DAISY J. RAMOS, et al. vs. NATIONAL LABOR RELATIONS COMMISSION, et al.
Retrenchment to prevent or minimize business losses is a
recognized ground to dismiss an employee and upon the employer lies
the burden to prove such allegation of economic or business reverses....
Promulgated on 2006-09-27
11. CA GR CV 80550: SPS. ROLANDO AND MARILYN ASTORGA vs. FAR EAST BANK AND TRUST COMPANY, now (BPI)
Before Us on appeal is the October 7, 2003 Decision of the
Regional Trial Court (RTC) of Las Pinas City - Branch 255 in Civil
Case No. LP-00-0140,...
Promulgated on 2006-09-27
12. CA GR CV 82276: HEIRS OF DAMIANA NOVICIO, et al. vs. Sps. RODOLFO AND PRISCILLA DUCLAYAN
Before Us on appeal is the January 28, 2004 Decision of the
Regional Trial Court (RTC) of San Fernando City, La Union, Branch
26 in Civil Case No. 6461 for Quieting of Title,...
Promulgated on 2006-09-27
13. CA GR CV 83470: FRONTLINE PRINTING CORPORATION vs. PAPERLINE GRAPHICS, INC.,and/or LILY M. CHING,
Before Us on appeal is the April 12, 2004 Decision of the
Regional Trial Court (RTC) of Malabon City, Branch 73, in Civil Case
No. 3474-MN for sum of money with damages....
Promulgated on 2006-09-27
14. CA GR CR 02211: PEOPLE OF THE PHILIPPINES vs. MARTIN MANALOG
Before Us, by way of automatic appeal, is the Decision dated 15
April 2004 rendered by the Regional Trial Court (RTC, for brevity)
finding the accused-appellant...
Promulgated on 2006-09-27
15. CA GR SP 94198: GUADALUPE M. VALDEZ vs. BAYANI MELEGRITO
This is a Petition for Review seeking to set aside the Decision
dated July 7, 2005 and Resolution dated March 17, 2006 of the
Department of Agrarian Reform Adjudication Board (DARAB) in
DARAB Case No. 12833 (Reg. Case No. III-T-1927-00),...
Promulgated on 2006-09-27
16. CA GR CR 25991: PEOPLE OF THE PHILIPPINES vs. HONORIO Q. DAVID,
Accused-appellant filed a Motion to Reverse Judgment/Remand Case for Further Proceedings,...
Promulgated on 2006-09-27
17. CA GR CR 29147: PEOPLE OF THE PHILIPPINES vs. EUTIQUIO REYES YARRA, JR., alias "JUN YARRA"
This Decision resolves accused-appellant Eutiquio Yarra, Jr.'s appeal from
the judgment dated November 9, 2004 of the Regional Trial Court, Branch 274 of
Paranaque City in Criminal Cases Nos. 99-1139 and 99-1140,...
Promulgated on 2006-09-27
18. CA GR CR 01099: PEOPLE OF THE PHILIPPINES vs. NIDO GARTE
Nido Garte was indicted before the Regional Trial Court, Branch 89 of
Quezon City for four counts of rape defined and penalized under Article 266-A in
relation to paragraph 1, Art. 266-B of the Revised Penal Code,...
Promulgated on 2006-09-27
19. CA GR CV 81199: PONCIANO DIZON, et al. vs. SPS. ALBERTO ALBERTO and YUMINA G. ALBERTO
Sought for review in this appeal is the decision1 dated
September 23, 2003 of Branch 53 of the Regional Trial Court (RTC)
of Guagua, Pampanga...
Promulgated on 2006-09-27
20. CA GR CV 77543: BARANGAY SALIAN vs. THE SANGGUNIANG BAYAN OF ABUCAY, BATAAN
This is an appeal from the Decision dated 14 March 2002 of the Regional
Trial Court, Branch I of Balanga City, Bataan in Case No. CV-7291, involving the
settlement of boundary disputes between Barangays Gabon and Salian, Abucay,
Bataan....
Promulgated on 2006-09-27
21. CA GR SP 90983: KLT FRUITS INC. vs. HON. ADELAIDA R. CRISOSTOMO REYES, et al.
Before Us is a Petition for Certiorari under Rule 65 of the Revised
Rules of Court filed by Petitioner KLT FRUITS INC., (hereinafter
Petitioner) which seeks to annul the Order dated 24 January 2005 of
the Regional Trial Court, National Capital Judicial...
Promulgated on 2006-09-27
22. CA GR SP 82518: CONTRACT RAISER NO. 2- SIERRADILE/RACHEL D. FLORENCIO, et al. vs. NLRC, et al.
Before Us is a Petition for Certiorari filed by Petitioners...
Promulgated on 2006-09-27
23. CA GR SP 94161: JOINT VENTURE OF AYESEL CONSTRUCTION & DEVELOPMENT CORP., et al. vs. Hon. ALBERTO L. LERMA, et al.
In this petition for certiorari, the petitioners Joint Venture of
Ayesel Construction & Development, Royalty Alabang Foods, Inc. &
Monarch Alabang Foods, Inc. (or hereafter petitioners) plead that the Order
dated April 19, 2006...
Promulgated on 2006-09-27
24. CA GR SP 85672: ERNESTO FULLERO, et al. vs. SPS. ARMINGOL AND LOURDES TEXON
Before Us is a Petition for Review which seeks to set aside the
Decision dated 25 May 2004 issued by Judge EUFRONIO K.
MARISTELA of the Regional Trial Court (RTC), Fifth Judicial Region,
Branch 58 of San Jose, Camarines Sur in Civil Case No. T-983....
Promulgated on 2006-09-27
25. CA GR SP 91112: REPUBLIC OF THE PHILIPPINES vs. HON. EDGARDO B. DIAZ DE RIVERA, et al.
Before Us is a Petition for Certiorari under Rule 65 of the Revised
Rules of Court seeking to annul the Order dated 29 June 2005 issued
by the Regional Trial Court, First Judicial Region, Branch 62 of La
Trinidad, Benguet, giving due course to the Noti...
Promulgated on 2006-09-27
26. CA GR SP 89048: MA. VIRGINIA B. LACAMBRA vs. NATIONAL LABOR RELATIONS COMMISSION, et al.
Before Us is a Petition for Certiorari filed by Petitioner MA.
VIRGINIA B. LACAMBRA (hereinafter Petitioner) under Rule 65 of the
Revised Rules of Court seeking to annul the Decision dated 20 October
2004 of the public respondent National Labor Relatio...
Promulgated on 2006-09-27
27. CA GR SP 94211: PHILIP L. CHAN vs. HON. ROGELIO M. PIZARRO, et al.
To recover payment, Petitioner by judicial recourse sued for
collection of sum of money and damages, with prayer for the
issuance of a writ of preliminary attachment....
Promulgated on 2006-09-27
28. CA GR SP 91086: SPS. ALFREDO B. CORTEZ and MARIA THERESA M. CORTEZ vs. THE HON. REGIONAL TRIAL, et al.
Before Us is a Petition for Certiorari and Prohibition under Rule
65 of the Revised Rules of Court assailing the March 15, 2005 and
August 11, 2005 Orders of the Regional Trial Court (RTC) of Baguio
City,...
Promulgated on 2006-09-27
29. CA GR CR 29498: PEOPLE OF THE PHILIPPINES vs. VINCENT BENDIAN
Appellant Vincent Bendian assails the Decision of the Regional Trial
Court of La Trinidad, Benguet, Branch 8, finding him guilty along with his
co-accused Enrique "Ricky" Lazaro of the crime of robbery in band....
Promulgated on 2006-09-27
30. CA GR SP 87510: ADELA MORALES vs. SOLEDAD SOLIS, EDGARDO SOLIS, et al.
Attached as Annex "A" to the Manifestation and
Motion filed by petitioner is a Compromise Agreement
duly executed and signed by petitioner and respondents
through their attorney-in-fact,...
Promulgated on 2006-09-27
31. CA GR SP 93362: TECH PACIFIC PHILS., INC. vs. HON. EVELYN S. ARCAYA-CHUA, et al.
This is an appeal from the October 10, 2005 Order of the
Regional Trial Court (RTC) of Makati City, Branch 148, presided by
Judge Oscar Pimentel, in Civil Case No. 03-1098,...
Promulgated on 2006-09-27
32. CA GR CR 02042: PEOPLE OF THE PHILIPPINES vs. BUDDY DELA CRUZ, et al.
Before the Court is an appeal from the Decision, dated April
21, 2003, in Criminal Case Nos. 98-0274, 98-0275, and 98-0276 of
Branch 275, Las Pinas City Regional Trial Court,...
Promulgated on 2006-09-27
33. CA GR SP 86072: SEABIRD SHIP MANAGEMENT, INC., ET AL., vs. NATIONAL LABOR RELATIONS COMMISSION and GODOFREDO EFONDO
Challenged in this petition under Rule 65 of the 1997 Rules of
Civil Procedure are:...
Promulgated on 2006-09-27
34. CA GR CV 84790: SPS. BENJAMIN and VIRGINITA CUESTA vs. ANGELUS MEDICAL CLINIC, INC.
Brought to this Court for review through this appeal under Rule
41 of the 1997 Rules of Civil Procedure is the Decision,...
Promulgated on 2006-09-27
35. CA GR SP 92586: PEOPLE OF THE PHILIPPINES, et al. vs. HON. CESAR M. SOLIS, et al.
This special civil action for certiorari was originally commenced
only by Road Leader Marketing Corporation (Road Leader) to assail
the following orders issued by Hon. Cesar M. Solis, Presiding Judge
of Branch 14, Regional Trial Court (RTC), of Manila...
Promulgated on 2006-09-27
36. CA GR SP 95582: JOSE D. TITO vs. MAJESTIC FINANCE AND INVESTMENT CO., et al.
This is a Petition for Annulment of Judgment filed by petitioner Jose D. Tito, seeking to annul the alleged Decision (which is actually an Order) rendered on July 28, 2003...
Promulgated on 2006-09-27
37. CA GR SP 76346: MARIETTA R. TALACTAC, et al. vs. N L R C and/or INTERDOTNET PHILS. AND/OR FERNANDO D. CONTRERAS, J
Before Us is a Petition for Certiorari seeking the annulment and
reversal of the Decision dated 26 August 2002 rendered by the public
respondent National Labor Relations Commission ("NLRC")...
Promulgated on 2006-09-27
38. CA GR SP 95839: VETERANS FEDERATION OF THE PHILIPPINES vs. MUNICIPAL GOVERNMENT OF TAGUIG, et. al.
For consideration is petitioner's Manifestation alleging
that there was an error on its part when it inadvertently
filed an Urgent Motion for Extension of Time to File an
Appeal...
Promulgated on 2006-09-27
39. CA GR CR 01216: THE PEOPLE OF THE PHILIPPINES vs. JIMMY SAULDA and WILFREDO LLANO
This is an appeal from the August 11, 1999 Decision of the
Regional Trial Court (RTC) of Quezon City, Branch 76, in Criminal
Case No. Q-97-70031,...
Promulgated on 2006-09-27
40. CA GR CR 00059: PEOPLE OF THE PHILIPPINES vs. EDUARDO GANDOL Y ALBOR JOSEPH GANDOL Y ALBOR
This is an appeal from the January 7, 2002 Decision of the
Regional Trial Court (RTC) of Legazpi City, Branch 6, in Criminal
Case No. 7517,...
Promulgated on 2006-09-27
41. CA GR CV 71345: HEIRS OF JOHN JESSFER ERICH B. BELLO vs. EDITHA ALCANZAREN and JOSEPH GARCIA
This is an appeal from the Decision of the Regional Trial Court
(RTC) of Narvacan, Ilocos Sur, Branch 72, in Civil Case No. 1674-N
which dismissed the complaint as well as the counterclaim....
Promulgated on 2006-09-27
42. CA GR SP 94491: ELMA RAMOS vs. HON. VICENTE A. HIDALGO, et al.
This is a Petition for Certiorari under Rule 65 of the 1997 Rules of
Civil Procedure, as amended, seeking to annul and set aside the Decision
dated April 3, 2006 rendered by the Regional Trial Court (RTC), Branch 37,
Manila,...
Promulgated on 2006-09-27
43. CA GR CV 86401: SPS. AZUCENA B. CORPUZ and RENATO S. CORPUZ vs. CITIBANK, N.A.
This is an appeal from the Orders dated June 30, 2005 and January 13,
2006 rendered by the Regional Trial Court, Branch 255, Las Pinas City...
Promulgated on 2006-09-27
44. CA GR CR 28711: PEOPLE OF THE PHILIPPINES vs. BERNARDO REMIGIO
Accused-appellant appeals before this Court his conviction by
the Regional Trial Court, [RTC, for brevity] for the crime of Acts of
Lasciviousness...
Promulgated on 2006-09-27
45. CA GR CR 29299: PEOPLE OF THE PHILIPPINES vs. RICKY MAGTIRA y YACAT
Accused-appellant appeals before this Court his conviction by
the Regional Trial Court [RTC, for brevity] for the crime of Theft...
Promulgated on 2006-09-27
46. CA GR CV 77074: KALAYAAN DEVELOPMENT COOPERATIVE (KDC), et al. vs. DANITO BAELLO, et al.
This is an Appeal interposed by the plaintiffs-appellants from
the Order of the Regional Trial Court (RTC, for brevity) dated 4
September 2002 dismissing their complaint...
Promulgated on 2006-09-27
47. CA GR CV 84183: SPOUSES SATURNINO and MARIETTA DUCLAYAN vs. ANTONIO CALAPATI, JR., ET AL.
This is an appeal under Rule 41 of the 1997 Rules of Civil Procedure,
as amended, from the decision dated September 29, 2004...
Promulgated on 2006-09-27
48. CA GR CR 29572: PEOPLE OF THE PHILIPPINES vs. JUNE V. TALAMAYAN, et al.
This is an appeal from the Decision dated October 13, 2004 rendered
by the Regional Trial Court (hereafter RTC), Branch 144, Makati City in
Criminal Case No. 01-1842 for Homicide, the dispositive portion of which
reads as follows:...
Promulgated on 2006-09-27
49. CA GR CV 79715: MARIO BERNARDO vs. REPUBLIC OF THE PHILIPPINES
This is an Appeal interposed by the Republic of the Philippines
from the Decision rendered by the Regional Trial Court (RTC, for
brevity), in P-397-2002...
Promulgated on 2006-09-27
50. CA GR SP 93733: R. PALANCA POULTRY FARM, INC. vs. UNITED COCONUT PLANTERS BANK, (UCPB), et al.
This is a Petition for Review under Rule 43 of the 1997 Rules of Civil
Procedure, as amended, seeking to annul and set aside the Orders dated
January 18, 2006...
Promulgated on 2006-09-27
51. CA GR SP 92740: FILIPINO-INDIAN CHAMBER OF COMMERCE OF THE PHILIPPINES, INC., et al. vs. NARESH MANSUKHANI
This is a petition for review under Rule 43 of the 1997 Rules of Civil
Procedure, as amended, seeking to reverse the Decision dated December 7,
2005...
Promulgated on 2006-09-27
52. CA GR SP 94468: TAPSI PLUS and/or LETICIA SALAMANCA vs. NLRC (THIRD DIVISION) AND HAIDEE JACINTO, ET. AL.
Without necessarily giving due course to the petition for
certiorari, respondents are directed to file a comment thereon (not a
motion to dismiss) within ten (10) days from notice....
Promulgated on 2006-09-27
53. CA GR SP 77669: CLARA TRAJANO and MARISSA TRAJANO vs. HON. FLORO ALEJO, et al.
What is disputed is the claimed privileged communication that a
litigant has raised against the presentation of its quondam counsel as
a witness of its adversary....
Promulgated on 2006-09-27
54. CA GR SP 77658: EMMANUEL CABANGLAN vs. FELIPE ALMAZAN, JR. and EDWARD LLANTADA
The petitioner Emmanuel Cabanglan (hereafter the petitioner for brevity)
was sued by the respondents Felipe G. Almazan, Jr. and Edward T.
Llantada (or the respondents) for Unlawful Detainer before the Municipal
Circuit Trial Court of Teresa-Baras (or M...
Promulgated on 2006-09-27
55. CA GR SP 95513: HILDA C. SALVADOR vs. HON. PRISCILLA J. BALTAZAR-PADILLA, et al.
Assailed in this petition for certiorari under Rule 65 are the Orders dated
December 19, 2005 and March 31, 2006...
Promulgated on 2006-09-27
56. CA GR SP 92104: OLIVER L. SANTOS vs. HON. RAMON A. CRUZ, et al.
Assailed in this petition for certiorari under Rule 65 is the Order dated
September 13, 2005 of the Regional Trial Court of Quezon City, Branch 223...
Promulgated on 2006-09-27
57. CA GR CR 01657: PEOPLE OF THE PHILIPPINES vs. ROBERT CASTILLEJOS Y BARROS
Before Us on Appeal is the Decision dated 5 October 2000
rendered by the Regional Trial Court (RTC, for brevity) finding the
accused-appellant...
Promulgated on 2006-09-27
58. CA GR CV 78712: SIMEON TIU and NELLY T. NG vs. INNSBRUCK CONDOMINIUM CORPORATION, et al.
This is an Appeal interposed by petitioners-appellants from the
Judgment dated 21 May 2003 rendered by the Regional Trial Court,
(RTC, for brevity) before pre-trial,...
Promulgated on 2006-09-27
59. CA GR CV 81131: ELISEO M. ZUNIGA, and CONCEPCION BORJA vs. MARILOU AGUILA
Before Us on Appeal is the decision of the Regional Trial Court
(RTC for brevity), in Civil Case No. 536-M-2001 for Sum of Money,...
Promulgated on 2006-09-27
60. CA GR SP 86875: SPS. DANILO T. SAMONTE AND ROSALINDA N. SAMONTE vs. CENTURY SAVINGS BANK
Assailed in this Petition for Review is the Decision of the
Regional Trial Court (RTC, for brevity) affirming in toto the Decision of
the Metropolitan Trial Court...
Promulgated on 2006-09-27
61. CA GR CR 29738: EDITHA M. MAGTIBAY vs. THE PEOPLE OF THE PHILIPPINES
Before this Court are: (a) Petition for Review under Rule 42 of the Rules of Court of the Decision dated March 21, 2005...
Promulgated on 2006-09-27
62. CA GR CV 78123: SALVADOR DEL POSO vs. REPUBLIC OF THE PHILIPPINES
This is an Appeal interposed by the Republic of the Philippines
from the Decision rendered by the Regional Trial Court (RTC, for
brevity)...
Promulgated on 2006-09-27
63. CA GR SP 93836: ASIAN LAND STRATEGIES CORPORATION vs. PERLITA REMINAL
Before this Court is a Petition for Review, seeking to
annul and set aside the resolution dated March 3, 2006 of
the Office of the President in O.P. Case No. 05-H-257...
Promulgated on 2006-09-27
64. CA GR SP 94241: MAURA QUIJANO, et al. vs. Sps. FRANCISCO and LETICIA Q. PUNZALAN, et al.
Before this Court is a Petition for Review under Rule 43 of
the 1997 Rules of Civil Procedure of the Decision dated December
28, 2004...
Promulgated on 2006-09-27
65. CA GR CR 29613: PEOPLE OF THE PHILIPPINES vs. PABLITO CAINDOY
The long arm of the law catches up with criminals sometimes by
chance and in circuitous ways....
Promulgated on 2006-09-27
66. CA GR CV 85143: FLORA LIMCACO-TOLENTINO et al. vs. ERNESTO A. SARIO
In an accion publiciana filed by the appellants and kins Flora
Limcaco-Tolentino, et al. (or the Limcacos for brevity) against the appellee
Ernesto Sario (or Sario), Branch 49 of the Regional Trial Court of Manila...
Promulgated on 2006-09-27
67. CA GR CR 28383: PEOPLE OF THE PHILIPPINES vs. CESAR BANGKILING
Accused-appellant appeals before this Court his conviction by
the Regional Trial Court, [RTC for brevity], for Illegal Possession of
Firearm...
Promulgated on 2006-09-27
68. CA GR CR 27749: PEOPLE OF THE PHILIPPINES vs. ALFREDO DE GUZMAN, JR. Y AGKIS alias "JUNIOR"
This is an appeal from the September 10, 2003 Decision of the
Regional Trial Court (RTC) of Mandaluyong City, Branch 213, in
Criminal Case No. 191-MD,...
Promulgated on 2006-09-27
69. CA GR SP 76874: ELVIRA M. NIEBRES vs. SOCIAL SECURITY SYSTEM
Elvira M. Niebres (or Niebres for brevity) by this Petition for Review
seeks the reversal of the Decision dated March 26, 2003 rendered by
the Employees Compensation Commission (or ECC) which affirmed the
decision of the Social Security System (or SSS)...
Promulgated on 2006-09-27
70. CA GR SP 93707: RRCG BUS COMPANY vs. NATIONAL LABOR RELATIONS COMMISSION (2nd Division), et al.
Assailed in this petition for certiorari, as tainted with grave abuse of
discretion amounting to lack or excess of jurisdiction,...
Promulgated on 2006-09-27
71. CA GR CV 64031: BENIGNO O. RUMINGAN vs. LEODIGARIO B. DE GUZMAN
Before Us is an Appeal filed by Plaintiff- Appellant BENIGNO O.
RUMINGAN (hereinafter Appellant) assailing the Decision dated 31
March 1999 of the Regional Trial Court, Third Judicial Region, Branch
24, Cabanatuan City in CIVIL Case No. 2071-AF...
Promulgated on 2006-09-27
72. CA GR SP 92856: FERMINA EXPRESS CORPORATION vs. N L R C, and ROMULO FERRER
The subject of this petition for certiorari is the Decision of public respondent National Labor Relations Commission (NLRC) promulgated on May 31, 2005...
Promulgated on 2006-09-27
73. CA GR SP 92795: Sps. DANILO DEL ROSARIO and YOLANDA DEL ROSARIO vs. HON. AUGUSTO T. GUTIERREZ, et al.
As security for the loan obtained by spouses Danilo and
Yolanda del Rosario (or "petitioners") from Westmont Bank,
now United Overseas Bank Philippines (or "private
respondent"), in April 1997,...
Promulgated on 2006-09-27
74. CA GR CV 78274: ATOM TELECOMMUNICATIONS, INC. vs. DESTINY SATELLITE CORPORATION
Before the Regional Trial Court of Pasig City (Branch 167)
was an action for sums of money filed by Atom
Telecommunications, Inc. (or "appellee") against Destiny
Satellite Corporation (or "appellant")....
Promulgated on 2006-09-27
75. CA GR CV 84161: UTI (GLOBAL LOGISTICS), INC. vs. SEAMAN MARINE PRODUCTS
Before the Regional Trial Court of Paranaque City (Branch
258) was an action for recovery of the value of the freight
forwarding and customs brokerage services...
Promulgated on 2006-09-27
76. CA GR SP 89803: CARMELITA RAMOS vs. KEPPEL MONTE BANK and NERI G. LOY
On March 12, 2001, a writ of execution was issued
against Project Movers Realty and Development Corporation
(or "PMRDC") and Mario Villamor for the satisfaction of the
judgment by compromise dated November 10, 1999...
Promulgated on 2006-09-27
77. CA GR SP 86029: EQUITABLE PCI BANK vs. HON. LUCIA PENA PURUGGANAN, et al.
Before Us is a petition for certiorari under Rules 65 of the
Revised Rules of Court assailing the October 27, 2003 and June 15,
2004 Orders of the Regional Trial Court (RTC) of Manila,...
Promulgated on 2006-09-27
78. CA GR CV 68666: PETER PAUL PATRICK LUCAS, et al. vs. PROSPERO MA. C. TUANO
This is an appeal from the Decision of the Regional Trial Court,
Branch 150, Makati City dismissing the complaint for damages filed by
plaintiffs-appellants for insufficiency of evidence....
Promulgated on 2006-09-27
79. CA GR SP 93107: AUTO PROMINENCE CORP., et al. vs. HON. RAUL GONZALES, et al.
This petition for certiorari seeks to annul and set aside the
resolutions issued by public respondent Secretary of the Department
Justice (DOJ) on October 11, 20051 and December 5, 20052This petition for certiorari seeks to annul and set aside the
reso...
Promulgated on 2006-09-27
80. CA GR SP 90286: ELPIDIO S. SALGADO, NIXON R. SANCHEZ and JUANITO S. ADLAWAN vs. THE HON. SAMUEL GAERLAN, et al.
Before Us is a Petition for Certiorari and Prohibition under Rule
65 of the Revised Rules of Court seeking the annulment of the May
10, 2005 and June 14, 2005 Orders of the Regional Trial Court (RTC)
of Quezon City...
Promulgated on 2006-09-27
81. CA GR CR 29335: PEOPLE OF THE PHILIPPINES vs. MAXIMINO CASIMIRO y CAPINO
This is an appeal from the decision dated December 28, 2004 of
the Regional Trial Court, Branch 63, Makati City, convicting the
appellant Maximino Casimiro y Capino of the crime of frustrated
homicide and imposing upon him a prison term of two (2) year...
Promulgated on 2006-09-27
82. CA GR CV 66780: SPS. ELNORA L. TORRES, et al. vs. CHINA BANKING CORPORATION, ET AL.
Before Us is an ordinary appeal under Rule 41, Sec. 2 (a) of the
Rules of Court praying that the Orders issued by the Regional Trial
Court (RTC) of Quezon City, Branch 216...
Promulgated on 2006-09-27
83. CA GR CV 68654: VENANCIO V. CABANEROS, et al. vs. ROMAN YAGO, et al.
Before Us is an appeal from the decision dated April 24, 2000
of Branch 53,...
Promulgated on 2006-09-27
84. CA GR CV 68434: GREAT PACIFIC SAVINGS BANK (formerly BA Savings Bank) vs. SPOUSES BENIGNO BUENAVENTURA, et al.
Before Us is an appeal from the decision dated May 15, 2000
of Branch 25,...
Promulgated on 2006-09-27
85. CA GR CV 75985: LICA MANAGEMENT, INC. vs. NISSAN CAR LEASE PHILS., INC.
Assailed in this appeal is the Decision dated June 7, 2002 in
Civil Case No. 96-1840 of Branch 60, Regional Trial Court, Makati City, which ordered, among others, defendant-appellant Nissan
Car Lease Phils., Inc. to pay plaintiff-appellee Lica Managemen...
Promulgated on 2006-09-27
86. CA GR CV 75432: SPOUSES SERGIO GALVEZ and ANTONINAGALVEZ vs. SPOUSES ILUMINADO GALVEZ and FELICIDAD GALVEZ, et al.
Assailed in this appeal is the Decision dated January 18, 2002
in Civil Case No. 878-M-99 of Branch 11, Regional Trial Court,
Malolos, Bulacan ordering the cancellation of Transfer Certificate of
Title (TCT) No. T-28899 issued in the name of defendant-...
Promulgated on 2006-09-27
87. CA GR CR 29338: PEOPLE OF THE PHILIPPINES vs. PATRICIO HONASAN @ PAT
Accused-appellant Patricio Honasan appeals from the 20 May
2004 Decision rendered by the Regional Trial Court of Bulan, Sorsogon,
Branch 65, in Criminal Case No. 02-595,...
Promulgated on 2006-09-27
88. CA GR SP 92515: SPS. JOVENCIO and LEOVINA JALBUENA vs. Hon. BIENVENIDO MAGPAYE, & The HEIRS OF AVELINA GARANA
Assailed in this Petition for Certiorari are the Orders dated August 1, 2005 and November 29, 2005, both of public respondent Judge Bienvenido Magpaye...
Promulgated on 2006-09-27
89. CA GR SP 85271: MARCELINA CANTILLANO, et al. vs. THELMA ZUNIGA RODRIGUEZ
Before Us is a petition for review under Rule 43 of the Revised
Rules of Court assailing the June 25, 2004 Decision of the Honorable
Elisea G. Gozun...
Promulgated on 2006-09-27
90. CA GR SP 85216: HOTEL INTERCONTINENTAL MANILA vs. VIRGILIO YABUT, GLORIA CANLAS, et al.
This is a petition for certiorari with prayer for the issuance
of a temporary restraining order and/or a writ of preliminary
injunction...
Promulgated on 2006-09-27
91. CA GR SP 92539: MARLEA TRANSPORT, EDUARDO CHAN, ET AL. vs. PEPITO R. CADIZ and ORLANDO S. YEBES, N L R C
Before Us is a petition for certiorari assailing the Resolutions dated April 28, 2005 and September 9, 2005 of public respondent...
Promulgated on 2006-09-27
92. CA GR SP 96016: COLEGIO DE STA CECILIA vs. COLLEGIO DE STA. CECILIA FACULTY CLUB-FFW CHAPTER et al.
Before Us is a Petition for Certiorari, under Rule 65 of the 1997 Rules of Civil Procedure, seeking to annul the Resolution dated 26 July 2006....
Promulgated on 2006-09-27
93. CA GR SP 95921: CYBERCARE HEALTH CARE PROVIDER, INC., ET.AL. vs. HON. OMAR T. VIOLA, et al.
This is a Petition for Annulment of Judgment with Temporary Restraining Order/Preliminary Injunction seeking to annul the Decision dated 01 June 2005 of the Regional Trial Court, Branch 57, Angeles City....
Promulgated on 2006-09-27
94. CA GR SP 95209: LORETO LAJOLA, JR. vs. SPS. SIILVINO & ESTELITA GAMBOA
In Our Resolution dated 31 July 2006, We granted petitioner an extension period of fifteen days, as prayed from 12 July 2006 or until 27 July 2006, within which to file his Petition for Review....
Promulgated on 2006-09-27
95. CA GR CV 86341: GERTRUDES MILLAN vs. BPI FAMILY SAVINGS BANK, ET.AL.
Per Judicial Records Division's (JRD) Report, dated 28 August 2006, no appellant's brief has been filed as per docket book ....
Promulgated on 2006-09-27
96. CA GR CR 27949: THE PEOPLE OF THE PHILIPPINES vs. JANICE E. TADEO
Before Us on appeal is the Decision dated August 15, 2003 of
the Regional Trial Court of Pasig City in Criminal Case No. 122380,
convicting the appellant of the crime of ESTAFA under Article 315,
par. 1(b) of the Revised Penal Code,...
Promulgated on 2006-09-27
97. CA GR CR 28576: PEOPLE OF THE PHILIPPINES vs. JOEL ARCONADO y ALEGRE
On appeal before this court is the decision of Branch 29,
Regional Trial Court of San Fernando City, La Union, First Judicial
Region, in Criminal Case No. 4626,...
Promulgated on 2006-09-27
98. CA GR SP 80177: PROCESO T. ARITAO and ALBERT O. MARTINEZ vs. HON. BENIGNO M. GALACGAC, et al.
Before this Court is a petition for certiorari filed by Proceso
T. Aritao and Albert O. Martinez pursuant to Rule 65 of the Rules of Court, as amended, to reverse and set aside the Order dated
August 28, 2003...
Promulgated on 2006-09-27
99. CA GR SP 84862: PEOPLE OF THE PHILIPPINES and P C G G vs. HON. OSCAR A. BARRIENTOS, et al.
Before Us is a petition for certiorari assailing the January 23,
2004 Order of the public respondent in Criminal Case Nos. 91-
101732 to 39; 91-101885 to 92; 92-101959 to 69...
Promulgated on 2006-09-27
100. CA GR CV 84019: ALEJANDRA B. BUGARIN, ET. AL. vs. JOHNSON C. BAUZON, ET. AL.
This is an appealed case filed by plaintiffs-appellants questioning the Order dismissing their Complaint rendered on 14 July 2003 by the public respondent court, i.e., Regional Trial Court, Branch 54, Alaminos, Pangasinan....
Promulgated on 2006-09-27
101. CA GR CV 86742: BAYSHORE CONCRETE COMPANY, INC. vs. REPUBLIC OF THE PHILIPPINES
Subject of this Resolution is the "Motion to Withdraw Appeal"
filed by the oppositor-appellant on September 6, 2006....
Promulgated on 2006-09-27
102. CA GR CV 62966: AMPARO F. RESIDE vs. SERVILLANO TANOPO
This is an appeal from the Decision of Branch 41 of the Regional Trial Court stationed in the City of Dagupan dated 18 February 1999,...
Promulgated on 2006-09-27
103. CA GR CV 74278: MAXIMA SY vs. YOLANDA CORPUZ
Before us is an appeal from the Decision of the Regional Trial Court,
Branch 262, Pasig City, the dispositive portion of which reads:...
Promulgated on 2006-09-27
104. CA GR SP 84909: MILO FOJA vs. ELMO MEDINA BACULINAO et al.
Before Us is a Petition for Certiorari under Rule 65 of the Rules of Court, which seeks to annul and set aside the Order dated 4 November 2003 issued by the Regional Trial Court (RTC) in Roxas, Oriental Mindoro...
Promulgated on 2006-09-27
105. CA GR CV 82637: UE AUTOMOTIVE MFG. INC., et al. vs. METROPOLITAN BANK & TRUST CO., et al,
Defendants Metropolitan Bank & Trust Co. (Metrobank) et al.
appeal from the Decision dated December 30, 2003 of the Regional
Trial Court of Manila, Branch 1 in Civil Case No. 01-99821 for
Nullification of Foreclosure Proceedings with prayer for TRO /
...
Promulgated on 2006-09-27
106. CA GR CV 75910: VIC T. DEL FIERRO, et al. vs. PEPSICO, INC. (PCI) et al.
Before Us is an Appeal assailing the Order dated May 16,
2002 of the Regional Trial Court, Branch 253, Las Pinas City,
Metro Manila...
Promulgated on 2006-09-27
107. CA GR CV 86002: SPS. EDGARDO and LOLITA SEGISMUNDO vs. LAURO LAJARCA, SPS.SEBASTIAN and MERLA DE CASTRO
On appeal is the Decision of the Regional Trial Court, Branch 85, Lipa City, declaring null and void titles to property...
Promulgated on 2006-09-27
108. CA GR CV 83531: ARTHUR NATIVIDAD, et al. vs. LAMBERTO MADDELA and ENCARNACION MADDELA
Before Us is an appeal interposed by plaintiffs-appellants Arthur Natividad, ("appellants") from the Decision dated August 5, 2004 of the Regional Trial Court, Branch 6, Aparri, Cagayan...
Promulgated on 2006-09-27
109. CA GR CV 84274: ROSARIO TORRELLA, et al. vs. SPS. DIOSDADO FRADES, as Heir of TERESA TORRELLA FRADES, et al.
On appeal by plaintiff Rosario Torrella and her children
("plaintiffs-appellants") is the Decision of the Regional Trial Court of
Gubat,...
Promulgated on 2006-09-27
110. CA GR SP 82437: UNITED ARCHITECTS OF THE PHILS., et al. vs. N L R C , IAN DARCY V. SALITA
Before Us is a petition for certiorari under Rule 65 of the Revised
Rules of Court assailing the September 30, 2003 Resolution of the
National Labor Relations Commission (NLRC)...
Promulgated on 2006-09-27
111. CA GR SP 73583: REGINALD EBALOBAR vs. THE DEPARTMENT OF LABOR & EMPLOYMENT, et al.
This is a petition for certiorari under Rule 65 of the 1997
Rules of Civil Procedure filed by petitioner Reginald
Ebalobar (hereinafter referred to as "petitioner") against the
Department of Labor and Employment (hereinafter referred to
as "public res...
Promulgated on 2006-09-27
112. CA GR CV 85676: SPOUSES SANTIAGO N. PRADO, JR., and LYDIA P. PRADO vs. REPUBLIC OF THE PHILIPPINES
This is an appeal from the 1) Decision dated 13 January 2004 of the
Regional Trial Court of Dagupan City, Branch 40 granting the application
for registration of title...
Promulgated on 2006-09-27
113. CA GR CR 29624: PEOPLE OF THE PHILIPPINES vs. JUDY SATURNO
This is an appeal from the decision rendered by the Regional Trial
Court of Aparri, Cagayan, Branch 7 dated 28 July 2005 convicting herein
accused-appellant Judy Saturno of the crime of homicide....
Promulgated on 2006-09-27
114. CA GR CV 85125: HEIRS OF PEDRO SUNIEGA vs. MARIA SUNIEGA, et al.
Before Us is an Appeal under Rule 41 of the Rules of Court
from the Decision dated April 27, 2005 of the Regional Trial
Court, Branch 33, Bauang, La Union in Civil Case No. 1216-BG...
Promulgated on 2006-09-27
115. CA GR SP 87427: JOURDAN ET CIE GROUP OF COMPANIES vs. NATIONAL LABOR RELATIONS COMMISSION, et al.
Before us is a special civil action for certiorari and prohibition
with prayer for the issuance of a temporary restraining order and/or writ
of preliminary injunction assailing the Resolutions...
Promulgated on 2006-09-27
116. CA GR CR 02225: PEOPLE OF THE PHILIPPINES vs. JOHN GARDAYA y GALI
Before Us is an Appeal assailing the Decision dated October
8, 2003 of the Regional Trial Court (RTC), Branch 156, Pasig City
in Criminal Case No. 114209-H finding appellant John Gardaya y
Gali guilty beyond reasonable doubt of the crime of Rape and
i...
Promulgated on 2006-09-27
117. CA GR CR 00646: PEOPLE OF THE PHILIPPINES vs. GERONIMO SALVADOR a.k.a. "PATE"
Before Us is an Appeal from the Decision dated March 6,
2001 of the Regional Trial Court (RTC), Branch 27, Cabanatuan
City finding appellant Geronimo Salvador a.k.a. "Pate" guilty
beyond reasonable doubt of the crime of Robbery with Homicide
and i...
Promulgated on 2006-09-27
118. CA GR CV 53109: DIOSDADO M. FERRER, et al. vs. LEODIVINO M. HERNANDEZ AND CONCEPCION GUADIZ
Before Us is an appeal filed by siblings Diosdado M.
Ferrer and Ricardo M. Ferrer from the Decision of the Regional
Trial Court, Branch 69 of Iba, Zambales declaring herein
appellee,...
Promulgated on 2006-09-27
119. CA GR SP 88999: AMELIA P. MUER, et al., vs. ELIADORA FE BOTE-VERA, et al.
Before Us is a Petition for Certiorari under Rule 65 of the Revised
Rules of Court filed by Petitioners AMELIA P. MUER, SAMUEL M.
TANCHOCO, ROMEO V. TANKIANG, DOLORES G. AGBAYANI, ARLENDAL
A. YASUMA, GODOFREDO M. CAGUIOA, and EDGARDO M. SALANDAN
(here...
Promulgated on 2006-09-27
120. CA GR CR 01409: PEOPLE OF THE PHILIPPINES vs. REMEDIOS TANCHANCO y PINEDA
On appeal by Remedios Tanchanco y Pineda ("accusedappellant")
is the Decision dated 4 July 2005 of the Regional Trial
Court of Las Pinas City,...
Promulgated on 2006-09-27
121. CA GR SP 79627: RAQUEL G. DY BUNCIO vs. HON. RODRIGO S. CASPILLO, et al.
HON. RODRIGO S. CASPILLOIn this Petition for Certiorari under Rule 65 of the Revised Rules of
Court with Prayer for the Issuance of a Temporary Restraining Order
and/or a Writ of Preliminary Injunction,...
Promulgated on 2006-09-27
122. CA GR CR 01745: PEOPLE OF THE PHILIPPINES vs. FELIX ORTOA y OBIA
This is an Intermediate Review of the Decision dated 30 October
2003 of the Regional Trial Court, National Capital Judicial Region, Branch
208, Mandaluyong City,...
Promulgated on 2006-09-27
123. CA GR SP 94044: RELZBACH VENTURES, INC. and ROBERT E. BACHMAN vs. NLRC and RON ANTHONY LUMACTUD
Before us is a petition for certiorari with prayer for the issuance of a
temporary restraining order and/or a writ of preliminary injunction,...
Promulgated on 2006-09-27
124. CA GR CR 00994: PEOPLE OF THE PHILIPPINES vs. EDILBERTO TORRES and JOSE TORRES
On appeal is the Decision dated January 3, 2005 of the
Regional Trial Court, Branch 11, Malolos, Bulacan in Criminal
Case No. 1225-M-2002,...
Promulgated on 2006-09-27
125. CA GR SP 88809: JOSE JIMENA vs. HON. JOSE L. MADRID, et al.
In this Petition for Certiorari under Rule 65 of the Revised Rules of
Court, Petitioner JOSE JIMENA (hereinafter Petitioner) is seeking the
reversal of the three Orders dated 19 May 2004, 20 August 2004 and
11 November 2004 respectively of the Regional...
Promulgated on 2006-09-27
126. CA GR CR 01522: PEOPLE OF THE PHILIPPINES vs. DOLORICO GUILLERA Y ALGORDO and GARY GUILLERA Y ALGORDO
In an Information dated June 18, 2002, accused-appellants Dolorico and Gary Guillera, together with Francisco Guillera who still remains at large,...
Promulgated on 2006-09-27
127. CA GR CR 00489: PEOPLE OF THE PHILIPPINES vs. LINDA ALVIZ y YATCO and ELIZABETH DELA VEGA y BAUTISTA
"ACCORDINGLY, judgement is hereby rendered finding
both accused Linda Alviz y Yatco and Elizabeth dela Vega y
Bautista GUILTY beyond reasonable doubt for drug pushing...
Promulgated on 2006-09-27
128. CA GR CV 80912: CESAR M. QUINSAY vs. CRISTINA N. CALAQUIAN AND THE REGISTER OF DEEDS OF QUEZON CITY
This is an appeal from the Order dated October 6, 2003 of
Branch 104, Regional Trial Court, Quezon City which ordered the
cancellation of the annotation of the adverse claim of respondentappellant
Cristina Calaquian on Transfer Certificate of Title (TC...
Promulgated on 2006-09-27
129. CA GR CV 74480: CLIFFORD CAPILI, JR. vs. NORA TERCIO CAPILI, et al.
This is an appeal filed by the petitioner-appellant thru counsel,...
Promulgated on 2006-09-27
130. CA GR SP 67087: IDERLINA C. PATLI, et al. vs. HON. LORETO CLORIBEL-PURUGGANAN, et al.
Challenged in this Petition for Certiorari are (1) the Order
dated 15 August 2001 of the Regional Trial Court, Second
Judicial Region, Tuguegarao City, Branch 3, in Civil Case No.5809;...
Promulgated on 2006-09-27
131. CA GR CR 02386: PEOPLE OF THE PHILIPPINES vs. RICARDO SULIT
Appellant Ricardo Sulit appeals from the decision dated November
25, 1998 of the Regional Trial Court of San Jose, Camarines Sur, Branch 30
in Criminal Case No. T-1388 which found him guilty beyond reasonable
doubt of the crime of Murder and sentenced...
Promulgated on 2006-09-27
132. CA GR CV 73138: HENRY S. NAINGUE vs. FRANCISCO L. JARDIN, et al.
This is an appeal from the Decision dated October 11, 2001 of
Branch 52, Regional Trial Court, Puerto Princesa City which
dismissed plaintiff-appellant's complaint for "Declaration of Nullity of
the Notice of Levy and Cancellation/Annulment of the Sale...
Promulgated on 2006-09-27
133. CA GR CR 29494: THE PEOPLE OF THE PHILIPPINES vs. EFREN MANALILI, ROMMEL REYES, et al.
On appeal is the Decision dated August 7, 2003 rendered by the Regional Trial Court, Branch 20, Cauayan City, Isabela in Criminal Case No. Br. 20-1608...
Promulgated on 2006-09-27
134. CA GR SP 90910: CARLOS LEE UI vs. REGIONAL TRIAL COURT, Branch 145, Makati City, et al.
BY HIS VERIFIED MOTION FOR RECONSIDERATION, THE PETITIONER CLAIMS
THAT WE FAILED TO PASS UPON WHETHER OR NOT THE PRIOR CIVIL CASE DETERMINES IF THE PETITIONER ALSO OWNED THE ALABANG PROPERTY OR THE PROCEEDS OF THE SALES THEREOF....
Promulgated on 2006-09-27
135. CA GR CR 29361: THE PEOPLE OF THE PHILIPPINES vs. VIVIAN PANGILINAN,RESTITUTO SULIT, et al.
Respondents-appellants Elizabeth Daet,et al. are challenging the Decision dated October 5, 2004 of the Regional Trial Court, Branch 222, Quezon City,...
Promulgated on 2006-09-27
136. CA GR CV 81150: EDGARDO SORIANO vs. SPS. ANTONIO and SALVACION SISON and the BUREAU OF LANDS
Before Us on appeal is the Decision dated April 13, 2003
of the Regional Trial Court, Branch 55, Alaminos City,
Pangasinan in Civil Case No. A-1743,...
Promulgated on 2006-09-27
137. CA GR CV 74020: AURELIA LUALHATI and DIONISIA LUALHATI-MAGNAYE vs. REPUBLIC OF THE PHILIPPINES
Elevated on appeal to this Court is the November 21, 2001 Decision
of the Municipal Trial Court of San Pascual, Batangas, in Land Registration
Case (LRC) No. 021...
Promulgated on 2006-09-26
138. CA GR SP 89638: METROPOLITAN BANK & TRUST CO. and PHILIPPINE SAVINGS BANK vs. HON. BAYANI Y. ILANO, et al.
Before Us is a petition for certiorari assailing the March 7, 2005
Order of the Regional Trial Court (RTC) of Antipolo City - Branch 71
in Civil Case No. 02-6370....
Promulgated on 2006-09-26
139. CA GR CR 13269: PEOPLE OF THE PHILIPPINES vs. FIDEL FERNANDO Y RESIBE
This is an appeal from the March 23, 1992 Decision of the Regional
Trial Court, Branch 17, Manila, in Criminal Case No. 87-54634,...
Promulgated on 2006-09-26
140. CA GR CV 71102: VIRGINIA S. BUCAO, et al. vs. MAURICIO TACUD, GILBERT ARELLANO
Assailed in the present appeal is the Decision dated February
1, 2001 of Branch 20, Regional Trial Court, Vigan, Ilocos Sur in Civil
Case No. 4745-V, holding defendant-appellant Mauricio Tacud and
defendant Gilbert Arellano jointly and severally liable...
Promulgated on 2006-09-26
141. CA GR SP 88832: JANE LO-GUTIERREZ vs.HON. SIMEON MARCELO, et al.
This Petition for Review pursuant to Rule 43 of the 1997 Rules of Civil Procedure was instituted by Jane Lo-Gutierrez, in an attempt to reverse and set aside the Order dated January 28, 2005 of the Office of the Overall Deputy Ombudsman in OMB-C-A-02-0560...
Promulgated on 2006-09-26
142. CA GR SP 94013: MIGUEL P. SORIANO AND JULIETA B. SORIANO vs. BANK OF THE PHILIPPINE ISLANDS
This is a petition for review under Rule 42 seeking to reverse and set
aside the Decision dated January 30, 2006 of the Regional Trial Court of Manila,...
Promulgated on 2006-09-26
143. CA GR CV 83047: PATERNO PEJANO vs. H.R. LINES, INC.
Defendant-appellant H.R. Lines, Inc, by way of appeal under Rule 41 of the 1997 Rules of Civil Procedure, assails the July 15, 2004 Decision of the Regional Trial Court of Manila,...
Promulgated on 2006-09-26
144. CA GR CV 84930: AQUINO A. VERAN, et al. vs. ROLANDO B. LOPEZ and RODRIGO BELEN Y SAMPOLO
This pertains to the motion for reconsideration filed by the defendantappellant
Rolando B. Lopez on 15 August 2006,...
Promulgated on 2006-09-26
145. CA GR CR 01975: PEOPLE OF THE PHILIPPINES vs. GERMAN TORDECILLAS y LACROA, et al.
This is an appeal pursuant to Section 3(c), Rule 122 of
the Rules of Criminal Procedure of the Joint Decision,
dated May 8, 2002,...
Promulgated on 2006-09-26
146. CA GR SP 90318: CHERRY ANN P. AMPAYA vs. ASST. SEC. ROGER MERCADO, ATTY. LUIS MANUEL VIRTUCIO, et al.
This petition seeks the nullification and setting aside of the
decision and order of the Office of the Ombudsman dated July 30,
2004 and January 18, 2005, respectively, in Administrative Case No.
OMB-C-A-04-0162-D...
Promulgated on 2006-09-26
147. CA GR SP 90539: DANILO BIBON AND RUEL VERUELA vs. JOSE STA. ANA
This is a petition for review under Rule 42 of the Revised
Rules of Court seeking the reversal of the July 6, 2004 Decision
and the June 17, 2005 Order of the Regional Trial Court, Branch 69,
of Binangonan, Rizal...
Promulgated on 2006-09-26
148. CA GR CV 82410: ADELAIDA DIZON vs. ROGELIO DIZON, ET AL
Plaintiff-appellant seeks reconsideration of Our Decision dated
October 10, 2005 which affirmed the Decision of the RTC dated November
17, 2003....
Promulgated on 2006-09-26
149. CA GR CR 29248: PEOPLE OF THE PHILIPPINES vs. SALVADOR REBELLION
Assailed in the present appeal is the Decision dated December
8, 2004 in Criminal Case No. MCOO-2805-D of Branch 209, Regional
Trial Court, Mandaluyong City finding accused-appellant Salvador
Rebellion guilty beyond reasonable doubt of violation of Sec...
Promulgated on 2006-09-26
150. CA GR SP 89850: ENGR. SILVERIO COQUIA vs. HON. EMMA S. TORIO, et al.
This is a petition for certiorari under Rule 65 of the Revised
Rules of Civil Procedure assailing as null and void the March 10,
2005 Joint Decision of the Regional Trial Court (RTC) of Dagupan
City,...
Promulgated on 2006-09-26
151. CA GR SP 96033: BERNARDO AMATA, et al. vs. THE HON. SEC. OF THE DEPARTMENT OF AGRARIAN REFORM et al.
At hand is a petition for review assailing the Decision dated
April 25, 2006 and the Order dated August 9, 2006 denying its
reconsideration....
Promulgated on 2006-09-26
152. CA GR CV 63497: CARAG BUILDERS, INC. vs. AMADO SY
Before the Regional Trial Court of Quezon City (Branch
77) was an action for sum of money and damages, with an
application for preliminary injunction, filed by Carag Builders,
Inc. (or "appellant") against Amado Sy (or "appellee")....
Promulgated on 2006-09-26
153. CA GR CV 81120: JUANITO A. CASTRO, JR. vs. REPUBLIC OF THE PHILIPPINES
The Republic of the Philippines appeals from the Decision of the
Regional Trial Court, Branch 52, Tayug, Pangasinan declaring Cynthia P.
Balanay, the wife of petitioner Juanito A. Castro, Jr., as presumptively dead....
Promulgated on 2006-09-26
154. CA GR SP 93220: ARLIN O. OBIASCA vs. JEANE O. BASALLOTE
The petitioner seeks to annul Resolution No. 05-1711 of the
Civil Service Commission (CSC) dated November 29, 2005 and to
dismiss the protest of the respondent for lack of merit....
Promulgated on 2006-09-26
155. CA GR CV 84804: Sps. RUBEN RICASIO and VALENTINA RICASIO vs. REPUBLIC OF THE PHILIPPINES
Before the Municipal Trial Court in Cities (or "MTCC"),
San Pablo City, was an application for registration, by way of
confirmation of imperfect title, involving a parcel of land
designated as Lot 1 (or "subject lot") of the
consolidation/subd...
Promulgated on 2006-09-26
156. CA GR CV 85199: ROMEO S. CASCO, et al. vs. ROSE POLICARPIO-MANALAC
This is an appeal from the decision dated April 12, 2004 of
the Regional Trial Court, Branch 74, Antipolo City in Civil Case
No. 97-4418 entitled Romeo S. Casco and Nancy M. Casco vs.
Rose Policarpio-Manalac for Specific Performance....
Promulgated on 2006-09-26
157. CA GR SP 88162: DANILO R. FRANCO vs. NATIONAL LABOR RELATIONS COMMISSION, et al.
Before the National Labor Relations Commission (or
"NLRC"), National Capital Region Arbitration Branch, was a
complaint for illegal dismissal and undernon-payment of
wages,...
Promulgated on 2006-09-26
158. CA GR SP 74131: MANILA BANKING CORPORATION vs. DRI-MULMAC DEVELOPMENT CORPORATION, et al.
The petitioner Manila Banking Corporation (hereafter Manila Banking for
brevity) granted a Twenty Million Pesos (P20,000,000.00) loan to
Mulmac Industrial Construction Corporation (or Mulmac) and its officers
the respondents Ernesto Lagdameo, Jr., Char...
Promulgated on 2006-09-26
159. CA GR CR 28044: PEOPLE OF THE PHILIPPINES vs. RONNIE RAMOS y DULAY, alias ONENG
This is an appeal from the Decision of the Regional Trial Court,
Branch 31, Agoo, La Union finding accused-appellant guilty of the crime of
homicide....
Promulgated on 2006-09-26
160. CA GR CR 29415: PEOPLE OF THE PHILIPPINES vs. NANNET VALLE
This is an appeal from the decision dated November 17, 2004 of
the Regional Trial Court, Branch 63, Makati City in Criminal Case No.
99-1607 entitled People of the Philippines vs. Nannet Valle, Joaquin
Roces and Rodolfo Salandanan....
Promulgated on 2006-09-26
161. CA GR SP 90082: PHILIPPINE LONG DISTANCE TELEPHONE COMPANY, et al. vs. HONORABLE RAUL M. GONZALES, et al.
Petitioner seeks reconsideration of Our Decision dated February
28, 2006 which dismissed the petition for lack of merit....
Promulgated on 2006-09-25
162. CA GR CR 29802: PEOPLE OF THE PHILIPPINES vs. JAYMAR ABEJAY y RIGATO & MICHAEL FRANCISCO y CINCO
As per Judicial Records Division Report, no appellant's
brief has yet been filed as of September 12, 2006....
Promulgated on 2006-09-25
163. CA GR CV 68084: WORLD WAR II VETERANS LEGIONNAIRES OF THE PHILIPPINES, INC. vs. JOSE A. RIVERA JR., et al.
This is an appeal from the Decision dated May 24, 2000 in
Civil Case No. Q-95-25011 of Branch 79, Regional Trial Court,
Quezon City dismissing the complaint for specific performance filed
by plaintiff-appellant against defendants-appellees on the groun...
Promulgated on 2006-09-25
164. CA GR SP 91739: PHILIPPINE FLOUR MILLS, et al. vs. MARIBEL BL GILLESANIA
For reasons stated, the Motion To Withdraw Petition is
hereby GRANTED. The instant petition is hereby WITHDRAWN
and this case is now CLOSED....
Promulgated on 2006-09-25
165. CA GR SP 94361: ASIA UNITED BANK vs. HON. RAUL M. GONZALES, et al.
The right to appeal is a statutory right and one who
seeks to avail of the right must comply with the statute or
rules....
Promulgated on 2006-09-25
166. CA GR SP 91291: MA. MATIAS SANTIAGO a.k.a. ASUNCION MATIAS vs. MARIAN REAL ESTATE CORPORATION
Before the Court is a Petition for Review under Rule 42 of the
Rules of Court which seeks to annul and set aside the Decision
dated January 31, 2005...
Promulgated on 2006-09-25
167. CA GR SP 71730: JOSE DEL PILAR, et al. vs. NATIONAL LABOR RELATIONS COMMISSION, et al.
In this special civil action for certiorari, the petitioning
employees, alleging grave abuse of discretion amounting to lack or
excess of jurisdiction,...
Promulgated on 2006-09-25
168. CA GR SP 90199: SPS. PERFECTO GUIYAB and GLORIA DELA CRUZ GUIYAB vs. DR. SERGIO DELA CRUZ SIMANGAN, et al.
For the resolution of the Court is a petition for review under Rule 42
of the Rules of Court seeking to set aside the Judgment dated March 14,
2005...
Promulgated on 2006-09-25
169. CA GR SP 90377: L.M. CAMUS ENGINEERING and/or LUIS M. CAMUS vs. NLRC, 1st Division, et al.
Let it be emphasized that the constitutional policy to provide full
protection to labor is not meant to be a sword to oppress employers....
Promulgated on 2006-09-25
170. CA GR CV 83150: ARTHUR O. MONARES vs. LUDOLFO P. MUNOZ, JR.
This is an appeal from the Decision of June 7, 2004 of the
Regional Trial Court of Legazpi City, Branch 7 in Civil Case No. 9923...
Promulgated on 2006-09-25
171. CA GR CV 82011: SPS. ERNESTO G. PESEBRE and SHIELA MARIE S.J. PESEBRE vs. JOLLIBEE FOOD CORPORATION
Assailed in this appeal is the January 15, 2004 Decision
of the Regional Trial Court (RTC) of Makati City, Branch 148,
in Civil Case No. 99-2012 for breach of contract,...
Promulgated on 2006-09-25
172. CA GR CV 77458: ISAAC CARLOS vs. ROSALIO VITO
Before us is an appeal from the Decision of the then Court of First
Instance of Rizal, Pasig, Branch XXI in favor of plaintiff-appellee Isaac
Carlos....
Promulgated on 2006-09-25
173. CA GR CR 30028: PEOPLE OF THE PHILIPPINES vs. LEAH GUEGUE y CABALLERO
As per Judicial Records Division Report, no appellant's
brief has yet been filed as of September 12, 2006....
Promulgated on 2006-09-25
174. CA GR SP 90996: SPOUSES ANGEL M. LAM AND CAROLINA U. LAM vs. HON.SEVERINO B. DE CASTRO, et al.
Before Us is a Petition for Certiorari under Rule 65 of the Revised
Rules of Court with prayer for a Writ of Preliminary Injunction and
Restraining Order under Rule 58, seeking to annul and set aside the Order dated 28 January 2005 issued by the Regiona...
Promulgated on 2006-09-25
175. CA GR SP 85969: SPOUSES HILARIO & ARLYN ARAO vs. IRENE GALOLO
Before Us is a Petition for Review under Rule 42 of the Revised Rules
of Court seeking to set aside the Decision dated 26 May 2004 of the Regional
Trial Court, National Capital Judicial Region (NCJR) Branch 119, Pasay City
(Court a quo) in Civil Case N...
Promulgated on 2006-09-25
176. CA GR CR 00281: THE PEOPLE OF THE PHILIPPINES vs. AUSTIN WILLIAMS
This is an appeal from the Order dated 14 November 2003 of the
Regional Trial Court (RTC), National Capital Judicial Region, Branch
118 of Pasay City, in Criminal Case No. 92-2108, denying the Motion for
Special Judgment filed by Appellant AUSTIN WILLI...
Promulgated on 2006-09-25
177. CA GR CR 28971: PEOPLE OF THE PHILIPPINES vs. BRANDO PUNSALAN y ANTONIO
On Appeal before this Court is the Decision dated 3
November 2004 of the Regional Trial Court, National Capital
Judicial Region, Branch 127, Caloocan City, in Criminal Case
No. C-67411 for Violation of Section 11, Article II, R.A. 9165,...
Promulgated on 2006-09-25
178. CA GR CR 01311: PEOPLE OF THE PHILIPPINES vs. ANTONIO MIRANDA y DOE
On appeal is the Decision of the Regional Trial Court of
Naga City, Branch 20, in Criminal Case No. RTC 2001-0544,...
Promulgated on 2006-09-25
179. CA GR CR 29553: THE PEOPLE OF THE PHILIPPINES vs. EDGAR A. LEDONIO
Before this Court is an appeal from the decision dated April 1, 2005 of the Regional Trial Court, National Capital Judicial Region, Branch 268, Pasig City in Criminal Case No. 96360-61,...
Promulgated on 2006-09-25
180. CA GR CV 85145: EMMANUEL D. CRUZ and RIZALINA M. CRUZ vs. OSCAR M. BAYSAC
Before this Court is an appeal from the Decision dated
February 28, 2005 of the Regional Trial Court, Fourth Judicial
Region, Branch 23, Trece Martires City in LRC Case No. 6832-363...
Promulgated on 2006-09-25
181. CA GR SP 48681: MARIANO JOSE, et al. vs. ERNESTO M. NOVIDA, et al.
This is a petition for review under Rule 43 of the
1997 Revised Rules of Civil Procedure that seeks to set
aside the following:...
Promulgated on 2006-09-25
182. CA GR SP 91289: GERTRUDES ALIMOROM vs. THE HONORABLE SECRETARY OF THE DEPARTMENT OF AGRARIAN REFORM et al.
Before this Court is a Petition for Review assailing the decision dated 15 June 20051 of the public respondent Department of Agrarian Reform Adjudication Board in DARAB Case No. 9691...
Promulgated on 2006-09-25
183. CA GR CV 69584: KAZUHIRO AKEBOSHI vs. REPUBLIC OF THE PHILIPPINES
This is an appeal from the September 15, 2000 Decision (Rollo,
pp. 45-51) of the Regional Trial Court of Quezon City, Branch 8, in
SP. Proc. No. Q-99-37542, which dismissed without prejudice the
Petition for Adoption filed by petitioner-appellant Kazuh...
Promulgated on 2006-09-25
184. CA GR CR 23725: PEOPLE OF THE PHILIPPINES vs. JEFFREY POQUIZ, et al.
This is an appeal under Rule 41 of the 1997 Revised Rules of
Court that seeks to reverse the amended decision dated August 17,
1999 of the Regional Trial Court of San Carlos City, Pangasinan,
Branch 56,...
Promulgated on 2006-09-25
185. CA GR SP 91898: GREAT EASTERN HOTEL vs. N L R C (2nd Div.) BRAULIO PEPITO, JR. and BENY PELAEZ
Assailed in this petition for certiorari under Rule 65 of the 1997
Rules of Civil Procedure are the Resolutions of the National Labor
Relations Commission (NLRC),...
Promulgated on 2006-09-25
186. CA GR SP 80857: ATTY. RENATO G. DELA CRUZ vs. HON. JUDGE RAUL B. VILLANEUVA
Courts should be slow in punishing a lawyer for contempt as this
drastic remedy should be exercised upon the preservative and not vindictive
principle....
Promulgated on 2006-09-22
187. CA GR SP 82964: UNITED TAYABAS MULTIPURPOSE COOPERATIVE vs. QUEZON METROPOLITAN WATER DISTRICT
For Our review through this appeal is the Decision dated
25 June 2003 of the Regional Trial Court (RTC), Fourth
Judicial Region, Lucena City, Branch 59 in Special Civil
Action No. 99-136 for Certiorari and Prohibition with Prayer for
Temporary Restrai...
Promulgated on 2006-09-22
188. CA GR CV 85067: SPS. DAVID TZE MING CHAI, et al. vs. SPS. EDWARD GAN QUE, et al.
All efforts to apply swift justice must not be wasted
by inopportune haste....
Promulgated on 2006-09-22
189. CA GR SP 75731: SECRET INVESTIGATION & SECURITY CORPORATION vs. NLRC, et al.
The Secret Investigation & Security Corporation (hereafter the
petitioner for brevity) by this petition for certiorari, assails the Resolution
dated October 8, 2002 of the respondent National Labor Relations
Commission (or NLRC)...
Promulgated on 2006-09-22
190. CA GR CV 64113: BPI FAMILY SAVINGS BANK, INCORPORATED vs. VIOLETA L. CHUA, et al.
This is an appeal from the Decision of the Regional Trial Court
of Manila, Branch 34, in Civil Case No. 95-73539 for Sum of Money
the dispositive portion of which reads as follows:...
Promulgated on 2006-09-22
191. CA GR CV 64525: ZENAIDA P. SIA vs. JOSEPH C. SUPNET, et al.
This is an appeal from the March 4, 1998 Decision of Branch
57, Regional Trial Court of Angeles City in Civil Case No. 8828
nullifying a marriage on the ground of psychological incapacity under
Article 36 of the Family Code....
Promulgated on 2006-09-22
192. CA GR SP 91643: SOLID ENGINE REBUILDERS CORPORATION vs. GIL ABUCEJO, et al.
Before Us is a Petition for Certiorari under Rule 65, seeking the annulment of the March 31, 2005 Order and the September 9, 2005 Resolution...
Promulgated on 2006-09-22
193. CA GR SP 96066: L-R MEDICAL & X-RAY CLINIC, et al. vs. NARCISA MALUBAY
For our consideration is a petition for review under Rule 43 of
the 1997 Rules of Civil Procedure assailing the Resolution dated July
31, 2006 of the National Labor Relations Commission (NLRC),...
Promulgated on 2006-09-22
194. CA GR SP 81530: INDUSTRIAL SECURITY CONSULTANCY AND MANAGEMENT, INC. vs. NLRC, et al.
This is a petition for certiorari with prayer for temporary
restraining order and/or preliminary injunction filed by petitioner
Industrial Security Consultancy and Management Inc. seeking to set
aside the Resolution dated September 3, 2003 of the Natio...
Promulgated on 2006-09-22
195. CA GR CR 29118: PEOPLE OF THE PHILIPPINES vs. ANTONIO GUTIERREZ
On 14 July 2006, accused-appellant Antonio Gutierrez,
through counsel, filed a Withdrawal of Appeal bearing his
conformity therewith....
Promulgated on 2006-09-22
196. CA GR SP 96119: FELICITO MACINAS vs. EVERLASTING HOMEOWNERS ASSOCIATION INC.
For failure to attach copies of the pertinent and relevant
pleadings such as the complaint and answer filed before the MCTC
and petitioner's pre-trial brief submitted before said court,...
Promulgated on 2006-09-22
197. CA GR SP 90636: COFFEY PHILIPPINES, INC., et al. vs. NLRC, et al.
In this Petition for Certiorari under Rule 65 of the
1997 Rules of Civil Procedure,...
Promulgated on 2006-09-22
198. CA GR CV 87292: CRISPIN MAGSAKAY, ET. AL. vs. JOSE TENGCO
Before Us is an appeal filed under Rule 41 of the 1997 Rules of
Civil Procedure seeking to annul the decision of the Regional Trial
Court of Malolos, Bulacan, Branch 84 which reversed and set aside
the decision of the Municipal Trial Court of Malolos,...
Promulgated on 2006-09-22
199. CA GR CV 64480: SOLID GOLD INTERNATIONAL TRADERS, INCORPORATED vs. LOLITA S. SANTOS
This is an appeal from the Decision of the Regional Trial Court
of Pasig City, Branch 166, in Civil Case No. 60931 for Sum of Money
with Prayer for Preliminary Attachment, the dispositive portion of
which reads as follows:...
Promulgated on 2006-09-22
200. CA GR CV 81628: BERNARDO V. ATIENZA, SR., et al. vs. VICTORY LINER, INC. and EDDIE PURA
At bar is an appeal from the December 29, 2003 Decision of the
Regional Trial Court, Branch 274, Paranaque City, awarding damages in
favor of the plaintiffs,...
Promulgated on 2006-09-22
201. CA GR CV 75569: INTERNATIONAL EXCHANGE BANK vs. MONDRAGON INTERNATIONAL PHILIPPINES, et al.
Before Us is an Appeal from the Summary Judgment,
dated January 30, 2002, and the Order, dated April 25,
2002, of the Regional Trial Court of Makati City,...
Promulgated on 2006-09-22
202. CA GR CV 87285: ANITA WI vs. BESSIE WI, et al.
Before Us is an appeal filed under Rule 41 of the 1997 Rules of
Civil Procedure seeking to annul the decision of the Regional Trial
Court of Quezon City, Branch 216 affirming the decision of the
Municipal Trial Court, Branch 2 of Quezon City....
Promulgated on 2006-09-22
203. CA GR SP 24371: PEOPLE OF THE PHILIPPINES vs. JOEL SIXON
Appealed is the June 19, 2000 Decision rendered by
RTC, Br. 81, Romblon in Criminal Case No. 2144 finding
accused guilty of frustrated homicide and sentencing him to
suffer the penalty of 4 years and 2 months of prision
correccional as minimum to 8 ye...
Promulgated on 2006-09-22
204. CA GR CR 25250: PEOPLE OF THE PHILIPPINES vs. EDUARDO CORTEZ
On appeal before Us is the Decision dated 18 January
2001 of the Regional Trial Court (RTC), Third Judicial Region,
Palayan City, Branch 40,...
Promulgated on 2006-09-22
205. CA GR CV 69999: RENATO TENGCO vs. FELICIANA QUINTO
Assailed in this Appeal is the Decision dated 11
September 2000 of the Regional Trial Court, Third Judicial
Region, Malolos, Bulacan, Branch 80, in Civil Case No. 330-
M-95 for Reconveyance and Damages,...
Promulgated on 2006-09-22
206. CA GR SP 88667: SUBIC BAY APPAREL CORPORATION vs. HON. PATRICIA G. STO.TOMAS, et al.
This is a Petition for Certiorari instituted by Subic Bay Apparel Corporation in accordance with Rule 65 of the 1997 Rules of Civil Procedure, to annul and set aside, on ground of grave abuse of discretion amounting to lack or in excess of jurisdiction,...
Promulgated on 2006-09-22
207. CA GR SP 88467: NETWORK TWENTY-ONE, INC., et al. vs. NATIONAL LABOR RELATIONS COMMISSION (Second Division), et al.
For consideration is a Petition for Certiorari under Rule 65 of the Revised Rules of Court filed by herein petitioners Network Twenty-One, Inc.,...
Promulgated on 2006-09-22
208. CA GR SP 95940: CIGN TRANSPORT CORP. vs. ASIA TRADERS INSURANCE CORP.
This is a Petition for Review filed under Rule 42 of the
1997 Rules of Civil Procedure, as amended,...
Promulgated on 2006-09-22
209. CA GR SP 94683: HEIRS OF DOMINGO DOGUIL vs. SPOUSES WILLIAM GAO-AN AND TERESA GAO-AN
This is a petition for review under Rule 42 seeking to reverse and set
aside the Decision dated March 13, 2006 of the Regional Trial Court of Baguio
City, Branch 6...
Promulgated on 2006-09-22
210. CA GR CR 29455: PEOPLE OF THE PHILIPPINES vs. DINDO REBATO
This is an appeal from the decision rendered by the Regional Trial
Court of Malolos City, Bulacan (Branch 16) dated January 27, 2005
convicting herein accused-appellant Dindo Rebato of carnapping....
Promulgated on 2006-09-22
211. CA GR SP 88249: BUENAVENTURA B. BERNABE and ROANROSE, INC. vs. MA. ROSANNA B. REGALADO, et al.
Before us is a Petition for Certiorari under Rule 65 of the 1997 Rules of Civil Procedure assailing the following Orders issued by respondent Judge in Civil Case No. 46-V-03,...
Promulgated on 2006-09-22
212. CA GR SP 89537: JCRV PROPERTIES, INC. vs. HON. ROGELIO M. PIZARRO, et al.
Before us is a petition for certiorari under the 1997 Rules of Court,
seeking to annul and set aside the orders dated 10 January 2005 and 10
March 2005 of the public respondent judge in Civil Case No. Q-98-35604.
The 10 January 2005 order...
Promulgated on 2006-09-22
213. CA GR SP 93672: ANTONIO AGUILAR vs. HON. JOSEFINA D. FARRALES et al.
THROUGH HIS MOTION FOR RECONSIDERATION, THE PETITIONER REITERATES
HIS POSITION THAT PERSONAL JURISDICTION OVER HIM WAS NOT ACQUIRED BY THE
REGIONAL TRIAL COURT....
Promulgated on 2006-09-22
214. CA GR SP 86325: BANGBANG-ALI CUBAO DISCO PUB, et al. vs. NLRC, et al.
On 31 August 2006, petitioner Roy C. Vergara and respondent
Hayne Alcantara jointly filed a Notice of Withdrawal/Dismissal of
Petition praying for the withdrawal/dismissal of the case with
prejudice on the ground that the parties have amicably settled...
Promulgated on 2006-09-22
215. CA GR SP 95100: HON. ENRICO ECHIVERRI, et al. vs. GOTESCO INVESTMENTS, INC., et al.
In this Petition for Certiorari under Rule 65 of the
1997 Rules of Civil Procedure, petitioners seek to nullify
and set aside two (2) Orders of the Manila Regional Trial
Court, to wit:...
Promulgated on 2006-09-22
216. CA GR CR 29496: PEOPLE OF THE PHILIPPINES vs. MARTIN ALBA and TALANDATU AMIROL
This is an appeal from the decision rendered on 20 June 2005 by the
Regional Trial Court of Pasig City (Branch 154) convicting the abovenamed
accused-appellants Martin Alba and Talandatu Amirol of illegal possession
of prohibited drugs. The decretal te...
Promulgated on 2006-09-22
217. CA GR CV 67401: DYNAMIC FOOD OPPORTUNITIES CORPORATION vs. MAERSK-LINE and MAERSK-FILIPINAS
This is an appeal from the April 14, 2000 Decision of the Regional
Trial Court, Branch 16, City of Manila, in Civil Case No. 97-82708 for
Damages...
Promulgated on 2006-09-22
218. CA GR SP 84295: NATIONAL UNIVERSITY INC. vs. ANTONIO T. DANEZ, et al.
At bar is a petition for review filed under Rule 43 of the 1997 Rules of
Civil Procedure by National University (petitioner) seeking to reverse and
set aside the November 5, 2003 Decision of the Department of Agrarian
Reform Adjudication Board in DARAB...
Promulgated on 2006-09-22
219. CA GR CR 27696: PEOPLE OF THE PHILIPPINES vs. JOAN GRACE D. CAMAYANG
This is an appeal from the Joint Decision dated 23
December 2002 of the Regional Trial Court of Pasig City,
Branch 164,...
Promulgated on 2006-09-22
220. CA GR CV 81079: UNITED COCONUT PLANTERS BANK vs. UNITED ALLOY PHILS. CORP., et al.
The binding effect of any agreement between parties to
a contract is premised on two settled principles:...
Promulgated on 2006-09-21
221. CA GR SP 93269: HEIRS OF IRENEO ESTEBAN et al. vs. ELEUTERIA VDA. DE IGNACIO
Before this Court is a Petition of Review assailing the Resolution dated July 5, 2005 of the Department of Agrarian Reform Adjudication Board in DARAB CASE NO. 8677 (Reg. Case No. 8094 NNE'99)...
Promulgated on 2006-09-21
222. CA GR SP 93767: CHINESE GENERAL HOSPITAL AND MEDICAL CENTER EMPLOYEES' ASSO. vs. DOLE et al.
When the legal personality of respondent Union is
seriously challenged, prudence on the part of the Med-Arbiter
and the Department of Labor and Employment is called for
and they should suspend proceedings in the certification election case, until the i...
Promulgated on 2006-09-21
223. CA GR CV 80213: HEIRS OF TOMAS ESPIRITU & ESTANISLAWA ESPIRITU, et al. vs. ANANIAS and GLORIA PAZ, et al.
An action by one party asserting his own title to the
property covered by title and asking that another title be declared null and void, is deemed to be in the nature of an
action to remove cloud on title or an action to quiet title....
Promulgated on 2006-09-21
224. CA GR SP 92406: DANSART SECURITY FORCE & ALLIED SERVICES COMPANY, et al. vs. N L R C, EDUARDO and JOSEFINA SALIG
Assailed in this Petition for Certiorari is the Decision of the
National Labor Relations Commission (NLRC, for brevity) affirming
the decision of the Labor Arbiter...
Promulgated on 2006-09-21
225. CA GR SP 90926: GEORGE S. H. SY vs. AUTOBUS TRANSPORT SYSTEMS, and HON. MARCELINO L. SAYO, et al.
This is a petition for certiorari seeking to reverse and set aside the 11 April 2005 Order of the Regional Trial Court, Branch 45, in Manila,...
Promulgated on 2006-09-21
226. CA GR SP 92344: TCB ROYAL INDUSTRIAL, INC,. et al. vs. NLRC, et al.
Acting on petitioners' Motion for Reconsideration of Our Decision
dated April 25, 2006,...
Promulgated on 2006-09-21
227. CA GR SP 93568: HOME CENTER CONSTRUCTION SUPPLY CORP., et al. vs. NLRC, et al.
Acting on petitioners' Motion for Partial Reconsideration of Our
Decision dated May 12, 2006,...
Promulgated on 2006-09-21
228. CA GR SP 54941: CLARITA MORAL vs. LINKSTAFF SERVICES, INC., et al.
Petitioner seeks reconsideration of Our Decision dated January 11,
2006 which dismissed the petition....
Promulgated on 2006-09-21
229. CA GR SP 85871: ENGR. ALFONSO P. ESPIRITU vs. ARCHIE L. HUEVOS
After a thorough study of the issues raised in the Motions for
Reconsideration filed by the Office of the Solicitor General and respondent,...
Promulgated on 2006-09-21
230. CA GR CR 00812: PEOPLE OF THE PHILIPPINES vs. ROMEO SAMPONG y GONZALES, et al.
For the slaying of Atty. Ariston Urcia (or "Atty. Urcia")
and his children Maria Angela F. Urcia (or "Angela"), 15, and
Adrian F. Urcia (or "Adrian"), 13, three informations for
murder were filed against Romeo Sampong y Gonzales (or
"Romeo"), Raul Sam...
Promulgated on 2006-09-21
231. CA GR CV 79019: FRANCIS A. BORGONA vs. GRACE BORGONA-INSIGNE
This is an appeal from the Order of the Regional Trial Court, Branch
1, Bangued, Abra disallowing the probate of the will of Pedro V. Borgona....
Promulgated on 2006-09-21
232. CA GR CR 00864: PEOPLE OF THE PHILIPPINES vs. VIRGILIO UYA y BENABESE
Accused-appellant Virgilio Uya ( or "appellant") appeals from the 28
November 2002 Decision rendered by the Regional Trial Court of Balaoan,
La Union, Branch 34, in Criminal Case No. 2688, which found him guilty of
illegal sale of prohibited drug....
Promulgated on 2006-09-21
233. CA GR CV 87031: SPS. LORENZO S. RUSIT, et al. vs. CORAZON ADINIG, et al.
Before Us is the "Compromise Agreement" filed by defendant-appellee,
Corazon Adinig, and plaintiffs-appellants, spouses Lorenzo
S. Rusit and Fidela C. Saria, through their attorneys-in-fact, assisted
by their respective counsel....
Promulgated on 2006-09-21
234. CA GR CV 82620: MANUEL C. LIM vs. REPUBLIC OF THE PHILIPPINES
This is an appeal by oppositor-appellant Republic of the
Philippines, through the Office of the Solicitor General (OSG) praying
for the reversal and setting aside of the decision of the Regional Trial
Court (RTC), Branch 40, Manila,...
Promulgated on 2006-09-21
235. CA GR CV 85596: ROGELIO M. MATA vs. THE REPUBLIC OF THE PHILIPPINES
Before this Court is an appeal from the decision dated June 14, 2005 of the Regional Trial Court, Fifth Judicial Region, Branch 2, Legazpi City in CAD CASE NO. RT-2704...
Promulgated on 2006-09-21
236. CA GR SP 94121: GENERAL MILLING CORPORATION et al. vs. NATIONAL LABOR RELATIONS COMMISSION et al.
Finding no new matter of substance that may warrant
the reconsideration, much less the reversal of this Court's
decision dated July 31, 2006,...
Promulgated on 2006-09-21
237. CA GR SP 89626: SPOUSES FELICITAS PALISOC and KAZUHIRO KOUJI vs. HON. ROMEO C. DE LEON, et al.
Before Us is a Petition for Certiorari filed under Rule
65 of the 1997 Revised Rules of Civil Procedure seeking to
nullify the Order dated March 17, 2005, of the Public
Respondent,...
Promulgated on 2006-09-21
238. CA GR CR 25443: PEOPLE OF THE PHILIPPINES vs. TERESITA UY-JAUCIAN
This Petition for Review filed under Rule 42, of the
Rules on Civil Procedure, assails 1) the Decision, dated
June 29, 2001 of the Regional Trial Court of Legaspi City, in
Criminal Case No. 9311,...
Promulgated on 2006-09-21
239. CA GR CR 29249: PEOPLE OF THE PHILIPPINES vs. ROSARIO FRANCISCO
This is an appeal from the Decision (Records, pp. 145-
153) of the Regional Trial Court of Manila, Branch 43, in
Crim. Case No. 00-186707 for "Oral Defamation" finding
accused-appellant Rosario Francisco and accused Armida
Francisco guilty beyond reas...
Promulgated on 2006-09-21
240. CA GR SP 93876: DARWIN GENESE vs. NLRC, et al.
This is a Petition for Certiorari under Rule 65 of the
1997 Rules of Civil Procedure from the Resolution of the
NLRC dated 28 December 2005 (Rollo, pp. 117-121) which
modified its earlier Decision, the dispositive portion of
which reads:...
Promulgated on 2006-09-21
241. CA GR SP 88019: ARNEL PRESTOZA vs. DANILO A. PIA, et al.
Petition for Certiorari under Rule 65 of the Rules of Civil Procedure
assailing, on the ground of grave abuse of discretion, the Resolution dated
February 26, 2004 of public respondent Secretary of Justice in I.S. No. 02J-
44498-501...
Promulgated on 2006-09-21
242. CA GR CV 67709: VICENTE P. LIM, SR. vs. SPS. PABLITO and ADELA DU
Plaintiff-appellant seeks reconsideration of Our Decision dated
February 16, 2006 which affirmed the decision in toto....
Promulgated on 2006-09-21
243. CA GR SP 90446: ROSALINDA RUDICA vs. N L R C, MAYON MAYON INTERNATIONAL TRADING CORP., et al.
Assailed in this petition for certiorari under Rule 65 of the 1997
Rules of Civil Procedure is the Decision of the National Labor
Relations Commission (NLRC), dated June 9, 2004,...
Promulgated on 2006-09-21
244. CA GR SP 95509: SANDO APPAREL MANUFACTURING CORP., and/or DONATO SOSENG vs. THE NLRC (1ST Division), et al.
This resolves the petitioners' "Motion to Admit Petition for
Certiorari", together with the attached petition for certiorari....
Promulgated on 2006-09-21
245. CA GR CV 82812: TECHPRO PHILIPPINES, INC. vs. ASIAN CONSTRUCTION AND DEVELOPMENT CORPORATION
Before Us on Appeal is the decision of the Regional Trial Court
(RTC, for brevity), dated May 3, 2004, in Civil Case No. 99-0583, for
Sum of Money...
Promulgated on 2006-09-21
246. CA GR SP 93348: EDUARDO CHUA vs. HON. RAUL E. DE LEON, et al.
Before us is a petition for certiorari under Rule 65 of the 1997 Rules of Civil
Procedure, which seeks to annul and set aside the following Orders issued by
public respondent Honorable Raul E. De Leon,...
Promulgated on 2006-09-21
247. CA GR CR 02085: PEOPLE OF THE PHILIPPINES vs. MARLON ABELLA Y BARSAGA,
Before Us on Appeal is the Decision dated 16 May 2003
rendered by the Regional Trial Court (RTC, for brevity) finding
the accused-appellant...
Promulgated on 2006-09-21
248. CA GR CV 74586: RIMANDO C. SAGUIN vs. REPUBLIC OF THE PHILIPPINES
This is an Appeal interposed by the Republic of the Philippines
from the Decision dated 19 October 2001 rendered by the Regional
Trial Court (RTC, for brevity)...
Promulgated on 2006-09-21
249. CA GR CV 79587: EVELYN D. MERCADO vs. MAGDALENA HOMES, et al.
Assailed in this appeal is the Decision dated April 30, 2003
in Civil Case No. G-3937 of Branch 52, Regional Trial Court,
Guagua, Pampanga which granted plaintiff-appellee Evelyn D.
Mercado's complaint for "Specific Performance"...
Promulgated on 2006-09-21
250. CA GR CV 82045: SOLAR HARVEST, INC. vs. DAVAO CORRUGATED CARTON CORPORATION
The essence of preponderance of evidence as quantum of proof in
civil cases is at the heart of this appeal from the March 2, 2004 Decision
rendered by the Regional Trial Court of Quezon City, Branch 82, in Civil
Case No. Q-01-44865,...
Promulgated on 2006-09-21
251. CA GR SP 96086: SAMEER OVERSEAS PLACEMENT AGENCY, INC. vs. HONORABLE NATIONAL LABOR RELATIONS COMMISSION, et al.
On September 11, 2006, herein petitioner Sameer Overseas Placement
Agency, Inc. filed with this Court a petition for certiorari which seeks to annul
and set aside the resolution...
Promulgated on 2006-09-21
252. CA GR SP 90170: DRA. JEAN NEBAB vs. HON. PRESIDING JUDGE, BR. 81, RTC, MALOLOS, BULACAN, et al.
Challenged in this petition for certiorari filed pursuant to Rule 65 of
the 1997 Rules of Civil Procedure are the following orders issued by public
respondent, the Hon. Herminia Pasamba, Presiding Judge of the Regional
Trial Court of Malolos City, Bran...
Promulgated on 2006-09-21
253. CA GR SP 90428: 3-D INDUSTRIES, INC. vs. HON. ALFREDO C. FLORES, et al.
Petition for Certiorari under Rule 65 of the Rules of Civil Procedure
assailing, on the ground of grave abuse of discretion, the Order dated June
21, 2005 of the Regional Trial Court of Pasig City, Branch 167 in Civil Case
No. 70359,...
Promulgated on 2006-09-21
254. CA GR CR 00381: THE PEOPLE OF THE PHILIPPINES vs. ESTELA TUAN y BALUDDA
Before Us is an appeal by accused-appellant Estela Tuan y
Baludda from the Decision dated April 9, 2002 of the Regional Trial
Court of Baguio City (RTC), Branch 6, in Criminal Case Nos. 17619-R
and 17620-R,...
Promulgated on 2006-09-21
255. CA GR SP 87079: MEMBERS OF DAMAYANGMAGKAKAPITBAHAY NG TIERRA MONTE 4A (DMTM4A) vs. PALMERA HOMES, INC.
Before this Court is a Petition for Review of (1) the Decision
dated 20 July 2004 rendered by the Office of the President ("OP", for
brevity), which dismissed petitioners' appeal...
Promulgated on 2006-09-21
256. CA GR CR 00786: PEOPLE OF THE PHILIPPINES vs. ROLANDO CABINAN @ Kalbo
This is an appeal from the decision of the Regional Trial Court, Branch 11
of Malolos, Bulacan in Criminal Case No. 1339-M-2001....
Promulgated on 2006-09-21
257. CA GR CV 73439: PHILIPPINE CLEARING HOUSE CORPORATION vs. CITY TREASURER OF MANILA
This is an appeal from the Decision dated May 31, 2000 of
Branch 46, Regional Trial Court, Manila which dismissed plaintiffappellant
Philippine Clearing House Corporation's complaint for
annulment of tax assessment....
Promulgated on 2006-09-20
258. CA GR CV 81035: MARIE SHIELA JOY Q. BURGOS vs. SENEN L. MATA
Applying Article 45 of the Family Code which provides the
grounds for annulment of marriage, a Decision dated August 7,
2001 was rendered by Branch 172, Regional Trial Court,
Valenzuela City, Metro Manila granting the petition for "Declaration
of Null...
Promulgated on 2006-09-20
259. CA GR SP 92916: CHRISTINE HERRERA vs. NLRC, et al.
In this Petition for Certiorari under Rule 65 of the
1997 Rules of Civil Procedure,...
Promulgated on 2006-09-20
260. CA GR CV 86597: ROWENA N. ANTONIO vs. JULIAN M. TALLANO
For failure of petitioner-appellant to file her brief within the
reglementary period as stated in the report of the Judicial Records Division
dated September 7, 2006,...
Promulgated on 2006-09-20
261. CA GR CV 65007: NATIONAL POWER CORPORATION vs. ANGEL SUAREZ, CARLOS SUAREZ, et al.
This is an appeal from the Decision dated April 15, 1999 of
Branch 52, Regional Trial Court, Sorsogon, Sorsogon in Civil Case
No. 96-6272 for eminent domain,...
Promulgated on 2006-09-20
262. CA GR SP 89190: PINAKAMASARAP CORPORATION, et al. vs. NATIONAL LABOR RELATIONS, et al.
This is a petition for certiorari under Rule 65 of the Rules of Court seeking to nullify and set aside, on the ground of grave abuse of discretion,...
Promulgated on 2006-09-20
263. CA GR SP 94265: JONAR P. ROBLES, ET AL. VS. NLRC, ET AL.
This is a special civil action for certiorari under Rule 65 of the 1997
Rules of Civil Procedure, as amended, which seeks to set aside the Decision
dated November 29, 2005...
Promulgated on 2006-09-20
264. CA GR CV 85405: SPOUSES NESTOR BUHHAY AND SILESTA CUYOP-BUHHAY vs. REPUBLIC OF THE PHILIPPINES
This is a motion filed by the Solicitor General to withdraw the appeal
of the Republic from the RTC resolution granting the petition for adoption....
Promulgated on 2006-09-20
265. CA GR SP 89973: SAKURA HUMAN RESOURCE INTERNATIONAL, INC. vs. NATIONAL LABOR RELATIONS COMMISSION, et al.
This is a petition for certiorari which seeks to annul and set aside the
following issuances of the National Labor Relations Commission,...
Promulgated on 2006-09-20
266. CA GR SP 77925: RUBEN FERNANDO vs. JOSEFINA, ANDREA, CARMEN and LOURDES, all surnamed BACANI
The petitioner Ruben Fernando (or Fernando) was sued by
Josefina, Andrea, Carmen and Lourdes, all surnamed Bacani (or the
Bacanis) for Ejectment and Damages before the Municipal Trial Court of
Lubao, Pampanga (or MTC)....
Promulgated on 2006-09-20
267. CA GR SP 89280: PHILIPPINE SCOUT VETERANS SECURITY & INVESTIGATION AGENCY, INC. vs. NLRC, et al.
In its petition for certiorari, the Philippine Scout Veterans
Security & Investigation Agency, Inc. (hereafter the petitioner for brevity) assails
the Decision dated June 9, 2004 and the Resolution dated March 9,
2005 of the National Labor Relations Co...
Promulgated on 2006-09-20
268. CA GR CV 77971: SUSANA MANGLICMOT VDA. DE BITANGCOL, et al. vs. Spouses FORTUNATO and CONCHITA LABARIN
The spouses Fortunato and Conchita Labarin (or the Labarins for
brevity) appealed to this Court the decision dated October 15, 2002
rendered by the Regional Trial Court stationed in Olongapo City (or
RTC), in a case of Recovery of Ownership filed again...
Promulgated on 2006-09-20
269. CA GR SP 94837: SHERIFF MILAGROS B. SUPNET vs. HON. CORAZON D. SOLUREN, et al.
Upon motion of petitioner with the assistance of her counsel,
the instant petition for certiorari is hereby DISMISSED....
Promulgated on 2006-09-20
270. CA GR CV 73328: ALEX J. CRUZ, et al. vs. MARIA CRUZ VDA. DE NAEG, et al.
Before Us is an Appeal filed by Oppositors- Appellants MARIA CRUZ
VDA. DE NAEG, ELOISA Y. CRUZ-JOCSON, ILUMINADA C. GURIONLAZATIN,
DEOGRACIAS Y. CRUZ and NESTOR D. CRUZ (hereinafter
Appellants) and the Republic of the Philippines, through the Office of...
Promulgated on 2006-09-20
271. CA GR SP 94385: SPOUSES NEMESIO DELICA, et al. vs. HON. PABLO R. CHAVEZ, et al.
This is a special civil action for certiorari under Rule 65 of the 1997
Rules of Civil Procedure, as amended, seeking to set aside the Orders dated
August 2, 2005...
Promulgated on 2006-09-20
272. CA GR SP 90864: LEC STEEL MANUFACTURING ASSOCIATED TRADE UNION-ATU vs. LIM ENG GO and JULLY LIM; THE N L R C.
Before Us is a Petition for Certiorari under Rule 65 of the Revised
Rules of Court seeking to annul the Decision dated 31 January 2005 of
the public respondent National Labor Relations Commission (hereinafter
NLRC)...
Promulgated on 2006-09-20
273. CA GR SP 93470: CYNTHIA CORPUS-REYES, et al. vs. HON. ROMULO A. LOPEZ, 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 Order dated
December 8, 2005...
Promulgated on 2006-09-20
274. CA GR SP 92597: RODOMIEL J. DOMINGO vs. OFFICE OF THE OMBUDSMAN, et al.
This petition for review (with prayer for preliminary injunction and/or
temporary restraining order) seeks to overturn the August 1, 2005 Decision of
the Office of the Ombudsman,...
Promulgated on 2006-09-20
275. CA GR CV 83300: CPN CARGO FORWARDING,ET AL. vs. PHILIPPINE POSTAL SAVINGS BANK ET. AL.
This is an appeal from the Decision of the Regional Trial Court, Branch 15, of Tabaco City, Albay, dated February 24, 2004 dismissing the Complaint for Nullification of Foreclosure Proceedings and Mortgage Documents, and Damages....
Promulgated on 2006-09-20
276. CA GR SP 91468: DIAMOND INN and/or HELENDAGDAGAN, et al. vs. NATIONAL LABOR RELATIONS COMMISSION, et al.
This is a Petition for Certiorari with Application for Temporary Restraining Order and/or a Writ of Preliminary Injunction seeking the nullification of the February 5, 2005 Decision of the National Labor Relations Commission...
Promulgated on 2006-09-20
277. CA GR SP 92603: ROSARIO SANTIAGO vs. NATIONAL LABOR RELATIONS COMMISSION, et al.
Before this Court is a Petition for certiorari under
Rule 65 of the Revised Rules of Court assailing the
resolutions...
Promulgated on 2006-09-19
278. CA GR SP 95211: ANTONIO MALALUAN, et al. vs. HON. FRANCISCO DIZON PAŇO, et al.
Assailed in this petition for certiorari under Rule 65 is the Order dated
January 5, 2006 granting the motion to suspend proceedings filed by private
respondents,...
Promulgated on 2006-09-19
279. CA GR SP 87991: VALENTIN ANCHETA, et al. vs. LOLITA MENOR and DIONISIO RAQUEPO
After a careful perusal of the records of the above-entitled
case, the undersigned fully CONCUR with the ponencia of
Justice Vicente S.E. Veloso....
Promulgated on 2006-09-19
280. CA GR CV 86569: VICENTE B. CASTILLO vs. MARIAN CRISTINA Y. TOVERA
On July 27, 2006, this Court issued a Resolution directing the
counsel for the appellant to submit reglementary copies of the assailed
Regional Trial Court (RTC) decision within five (5) days from notice....
Promulgated on 2006-09-19
281. CA GR SP 93773: EFREN AGSAOAY vs. N L R C, (2nd Div.) HON. LABOR ARBITER RAMON VALENTIN C. REYES, et al.
Before the Court is a Petition for Certiorari which seeks to
annul and set aside the Resolution dated June 30, 2005 of the
National Labor Relations Commission (NLRC) in NLRC NCR 00-06-
07588-04...
Promulgated on 2006-09-19
282. CA GR SP 75724: NYK-FIL SHIP MANAGEMENT, INC. et al. vs. ANDRE TEJIDO ROJO, et al.
Petitioners NYK-FIL Ship Management Inc. and / or NYK Ship
Management (HK) Ltd. (or NYK-FIL for brevity) in this petition for certiorari
asks that the Decision dated December 27, 2002 of Voluntary
Arbitrator Bishop Teodoro Buhain, be reversed and set a...
Promulgated on 2006-09-19
283. CA GR CV 80556: HA HUN SUK and CHUN YOUNG DAE vs. SPS. HONORATA-OCAMPO LEE and SEONG TAE LEE, et al.
This is an appeal from the Decision of the Regional Trial Court
(RTC), Branch 231, Pasay City, dated October 15, 2003, in RTC SEC
Case No. 01-0019,...
Promulgated on 2006-09-19
284. CA GR SP 93803: MARY ESPERANZA PAMINTUAN-SANTOS vs. HON.JUDGE ELSA I. DE GUZMAN and GEOFFREY IAN O. SANTOS
Submitted for Resolution is the Manifestation filed by petitioner, through counsel, dated 17 August 2006, stating that she is withdrawing her Petition for Certiorari and Prohibition....
Promulgated on 2006-09-19
285. CA GR SP 95730: PEREGRIN T. DE GUZMAN, JR., ET. AL. vs. NATIONAL LABOR RELATIONS COMMISSION, SME BANK, INC., ET. AL.
This Court resolves to DISMISS herein Petition for Certiorari based on the following procedural infirmities:...
Promulgated on 2006-09-19
286. CA GR SP 90906: GEORGE DE CASTRO, et al. vs. LEO WEE
Before the Court is a Petition for Review under Rule 42 of the
Rules of Court which seeks to annul and set aside the Decision
dated June 27, 2005...
Promulgated on 2006-09-19
287. CA GR SP 92189: HEIRS OF PABLO BALAJONDA AND BERNARDO BALAJONDA vs. BENEDICTA MANGAHAS
Before this Court is a petition for review under Rule 43 of the 1997 Rules of Civil Procedure assailing the Decision dated March 11, 2005 and the Resolution dated September 29, 2005 of the Department of Agrarian Reform Adjudication Board (DARAB) in DARAB...
Promulgated on 2006-09-19
288. CA GR SP 92960: BENERITO H. ALDANA and ROSALINA ALDANA vs. JOSE CANLAS
Before this Court is a Petition for Review under Rule 43 of
the Revised Rules of Court of the Decision dated February 11,
2005...
Promulgated on 2006-09-19
289. CA GR SP 87991: VALENTIN ANCHETA, et al. vs. LOLITA MENOR and DIONISIO RAQUEPO
After a thorough reading of the records of this case, it is my
view that the complaint for recovery of possession is within the
jurisdiction of the regular courts and not with the Department of
Agrarian Reform Adjudication Board (DARAB).
Hence, I CONC...
Promulgated on 2006-09-19
290. CA GR SP 79674: AMPARO C. SICAT vs. EMPLOYEES' COMPENSATION COMMISSION and SOCIAL SECURITY SYSTEM (SSS)
This is a petition to review the Decision of the Employees'
Compensation Commission (ECC) which affirmed the denial of
employee compensation benefits sought by petitioner Amparo C.
Sicat from the Social Security System under P.D. No. 626, as
amended....
Promulgated on 2006-09-19
291. CA GR SP 87991: VALENTIN ANCHETA, et al. vs. LOLITA MENOR and DIONISIO RAQUEPO
The DARAB has no jurisdiction to take cognizance of
respondents' complaint for recovery of possession. While
petitioners did not timely challenge the jurisdiction of the DARAB, the
Court may still consider the issue of jurisdiction for it has the
disc...
Promulgated on 2006-09-19
292. CA GR SP 87991: VALENTIN ANCHETA, et al. vs. LOLITA MENOR and DIONISIO RAQUEPO
After a perusal of the records of the above-entitled
case, the undersigned fully CONCUR with the ponencia of
Justice Vicente S.E. Veloso....
Promulgated on 2006-09-19
293. CA GR CV 86881: MARK ANTHONY G. SANTOS vs. ANNABELLE COSME-SANTOS
Submitted for Resolution is the "Withdrawal of Appeal" filed by respondent-appellant Annabelle Cosme-Santos....
Promulgated on 2006-09-19
294. CA GR SP 92684: ELMER GIL TADLE and IRENEO CORPUZ vs. PHILBURTT PADILLA, et al.
The instant Petition for Review under Rule 43 of the 1997 Rules of Civil Procedure seeks the reversal of the Decision dated 29 July 2005 of the Office of the Deputy Ombudsman for Luzon in Administrative Case No. OMB-L-A-04-0569-I...
Promulgated on 2006-09-19
295. CA GR CV 83813: ARTURO E. PIAO vs. TERESITA E. PIAO & MELCHOR PIAO
For resolution before Us is the Motion for Reconsideration
(Rollo, p. 21) filed by plaintiff-appellant of the Resolution of this Court
dated May 3, 2005 (Rollo, p. 20), as well as the Comment (Rollo, pp.
32-34) filed by the defendants-appellees....
Promulgated on 2006-09-19
296. CA GR SP 93002: RICARCEN DEVELOPMENT CORPORATION vs. SPOUSES AW PENG LAM and YAP SIU LUN, et al.
The requirement that a decision or final order shall
state clearly and distinctly the facts and the law on which it is
based applies only to judgments on the merits,...
Promulgated on 2006-09-19
297. CA GR SP 93550: CESAR N. SARINO, et al. vs. HONORABLE EXECUTIVE SECRETARY EDUARDO R. ERMITA, et al.
This is an appeal under Rule 41 of the 1997 Rules of Civil
Procedure from the Order dated December 21, 2005 of the Regional
Trial Court, Branch 51 of Puerto Princesa City, Palawan in Civil Case
No. 3978...
Promulgated on 2006-09-19
298. CA GR CV 84251: MANUEL U. TINIO vs. SPS. WILMA P. MUNOZ and GODOFREDO PINEDA
This is an appeal from the Decision dated January 7, 2004 of the Regional
Trial Court [RTC], Branch 89 of Baloc, Sto. Domingo, Nueva Ecija...
Promulgated on 2006-09-19
299. CA GR SP 89459: DOMINGO A. NAPENAS, JR., et al. vs. TAXCO INNS & RESORTS, INC.
In this petition for review, petitioners Domingo Napenas and Neromu Enterprises (petitioners) challenge the Decision dated August 20, 2004...
Promulgated on 2006-09-19
300. CA GR SP 72550: PRIVATIZATION AND MANAGEMENT OFFICE vs. NLRC (THIRD DIVISION), et al.
This resolves the Motion for Reconsideration filed by petitioner
Privatization and Management Office (PMO), originally Asset Privatization Trust (APT),...
Promulgated on 2006-09-19
301. CA GR SP 95402: MA. MARGARITA TARNATE vs. NLRC (FIRST DIVISION), et al.
This is a Petition for Certiorari filed by petitioner on August 29,
2006....
Promulgated on 2006-09-19
302. CA GR SP 86711: SPS. ISIDRO AND TERESITA IMPROGO vs. CRISTIA NICOLAS, ET AL.
This is a Motion for Reconsideration signed by both petitionersspouses
Isidro and Teresita Improgo, stating that they caused the
preparation of the Petition for Review filed earlier with this Court and
submitting the pertinent documents in support ther...
Promulgated on 2006-09-19
303. CA GR SP 92083: EGC MANPOWER SERVICES, INC. vs. THE NLRC and FRANCISCO D. CO
The burden of proof in illegal dismissal proceedings is
on the employer. In cases involving overseas contract
workers, the recruitment agency responsible for his
deployment abroad shares this responsibility for burden of
proof due to its solidary liab...
Promulgated on 2006-09-19
304. CA GR CV 70698: AGHFA, INC. vs. MANILA ELECTRIC COMPANY
Indirect contempt under Section 3(d), Rule 71 of the
Revised Rules of Court reads as follows:...
Promulgated on 2006-09-19
305. CA GR SP 93591: ST. ANTHONY ACADEMY OF IRIGA, INC., et al. vs. NLRC SECOND DIVISION, et al.
Constructive dismissal is defined as an involuntary
resignation resorted to when continued employment is
rendered impossible, unreasonable or unlikely;...
Promulgated on 2006-09-19
306. CA GR CV 83315: RAMON M. TORRES vs. AIRLINE PILOTS ASSOCIATION OF THE PHILIPPINES, ETC.
For failure of plaintiff-appellant to file his Appellant's Brief within
the extended period granted by this Court upon his motion which
expired on July 31, 2006, the instant appeal is deemed ABANDONED and accordingly, DISMISSED....
Promulgated on 2006-09-19
307. CA GR CV 79117: HEIRS OF CRESENCIA BERNARDO vs. MARIANITO MONTERO, et al.
Before the Court is an appeal from the Decision dated April 10, 2003
of the Regional Trial Court of Manila, Branch 31, in Civil Case No. 97-
84584 for recovery of real property with damages....
Promulgated on 2006-09-19
308. CA GR CR 02101: THE PEOPLE OF THE PHILIPPINES vs. JAMAL MADID Y PUNDATA @ MIKE MACABANTAL
Considering the report of the Judicial Records Division of this Court that as of September 8, 2006, no Appellant's Brief was filed by the accused-appellant despite notice to his counsel on record, Atty. Abraham Sable, the instant appeal is deemed ABANDONE...
Promulgated on 2006-09-19
309. CA GR CV 85757: SPS. SAMUEL AND FELIZA ANCHETA BAUTISTA vs. REPUBLIC OF THE PHILIPPINES
The Republic of the Philippines, through the Office of the
Solicitor General (OSG), appeals from the Order dated July 12,
2005 of Branch 20,...
Promulgated on 2006-09-19
310. CA GR CV 84174: BPI FAMILY SAVINGS BANK, INC. vs. SPOUSES EDNA & JOSE TAGLE
Defendants appeal from the Decision dated October 12,
2004 of the Regional Trial Court, Branch 133 of Makati City in
Civil Case No. 99-1136 for Sum of Money/Judgment on the
Deficiency...
Promulgated on 2006-09-19
311. CA GR SP 87991: VALENTIN ANCHETA, et al. vs. LOLITA MENOR and DIONISIO RAQUEPO
I dissent.
Section 50 of RA 6657 confers on the Department of
Agrarian Reform (DAR) quasi-judicial powers to adjudicate agrarian
reform matters. On July 26, 1987, Executive Order No. 129-A was
enacted creating the Agrarian Reform Adjudication Board (D...
Promulgated on 2006-09-19
312. CA GR SP 93615: VICTORIANO LANIOG vs. RTC, Br. VII, BATANGAS CITY & HORIZON DEVELOPMENT CORP.
This instant Petition for Certiorari seeks to annul and set aside the Orders dated November 25, 2005 and February 15, 2006 of the Regional Trial Court, Branch 7, Batangas City...
Promulgated on 2006-09-19
313. CA GR SP 78009: MELANIO S. TORIO vs. CONCERNED NPO EMPLOYEES
The petitioner Melanio S. Torio (or hereafter Torio) by this Petition for
Review asks that the Resolution dated May 29, 2003 and the Order
dated June 30, 2003 of the Office of the President (or OP) in O.P. Case
No. 02-A-033, be reversed and set aside....
Promulgated on 2006-09-19
314. CA GR CV 85432: BENILDA DE LUMEN GALVEZ vs. REPUBLIC OF THE PHILIPPINES
The Republic of the Philippines, through the Office of the
Solicitor General, appeals from the Decision dated January 28,
2005 of the Municipal Trial Court of Taytay, Rizal in LRC Case No.
02-0005, the fallo of which reads:...
Promulgated on 2006-09-18
315. CA GR SP 95042: PRIMITIVO ALMARIO vs. BRGY. SAN JUAN, REPRESENTED BY BRGY. CHAIRMAN RAUL MAPA
This is a Motion for Reconsideration filed by petitioner of Our
Resolution promulgated on July 14, 2006, alleging among others, that
he had remitted to this Court by postal money orders the total amount
of P1,930.00;...
Promulgated on 2006-09-18
316. CA GR CV 81029: DANILO O. MONTILLANO vs. LUNINGNING DOLLETON, et al.
This is an appeal from the Order dated June 5, 2003 of the
Regional Trial Court of Manila, Branch 34, in Special Proceeding No.
02-104254 for the Settlement of Intestate Estate of Spouses Dalisay
Dolleton-Montillano and Matias T. Montillano,...
Promulgated on 2006-09-18
317. CA GR CV 63447: PAN MALAYAN INSURANCE CORPORATION vs. HYDRO WELLS, INC., and SATURNINO DOMINGUEZ,
In the decision dated March 23, 1999 of RTC Branch 132 of
Makati City in Civil Case No. 95-340 for damages, it ordered both
defendants to pay plaintiff jointly and severally the principal amount
of p397,232.50,...
Promulgated on 2006-09-18
318. CA GR SP 96015: SILVESTRE BONDOC vs. HON. DORENTINO Z. FLORESTA, et al.
The herein petitioner wants us to annul the judgment that was rendered
by the public respondent judge upon the ground of lack of jurisdiction....
Promulgated on 2006-09-18
319. CA GR SP 91161: SABRINA ARTADI vs. FOUZI ALI HUSSEIN BONDAGJY
For failure of petitioner to comply with this Court's Resolutions dated
October 7, 2005 and December 6, 2005 despite due receipt thereof, thereby
indicating her lack of interest in pursuing this case, and as warned by this
Court in the first mentioned...
Promulgated on 2006-09-18
320. CA GR CR 02382: PEOPLE OF THE PHILIPPINES vs. JANNETTE GARIN-BALDEVARONA
Because of another of the seemingly endless labor recruitment
capers, the appellant Jannette Garin-Baldevarona (or Jannette) is in jail,
her husband and co-accused Samuel Baldevarona (or Samuel) is in
hiding,...
Promulgated on 2006-09-18
321. CA GR CV 76079: ANGEL N. PAGADUAN, ET.AL. vs. SPS. ESTANISLAO and FE POSADAS OCUMA
Consistent is the pronouncement in a myriad of cases that an action for reconveyance of real property based on implied or constructive trust necessarily faces dismissal for being time-barred when the suit is instituted by an adverse claimant who is not ex...
Promulgated on 2006-09-18
322. CA GR SP 91881: ROGER L. TOLENTINO vs. HON. ANDRES SORIANO, et al.
Before us is a petition for certiorari under Rule 65 of the Rules of
Court, filed by petitioner Roger L. Tolentino, which seeks to annul and set
aside the public respondent court's decision dated 11 April 2005 and its
orders dated 11 July 2005, 21 Ju...
Promulgated on 2006-09-18
323. CA GR CV 83080: GORGONIA M. ECIJA vs. BELLA H. DELA PAZ and ELIAS Z. DELA PAZ
For resolution is defendants-appellants' Motion for
Reconsideration praying for the reconsideration of the March 14,
2006 Decision affirming with modifications the decision dated June
30, 2004 of the trial court....
Promulgated on 2006-09-18
324. CA GR SP 92466: RICARDO M. DIZON, ET AL. vs. HON. BENJAMIN T. VIANZON et al.
Before us is a petition for certiorari directed against the order dated 09
September 2005 rendered by the above-named public respondent Judge
Benjamin T. Vianzon of the Regional Trial court of Bataan, Branch 1, in
Civil Case No. 8206...
Promulgated on 2006-09-18
325. CA GR SP 66055: PIRRA CONSTRUCTION ENTERPRISES vs. NATIONAL POWER CORPORATION
Contractor Pirra Construction Enterprises partially appeals by
petition for review the award promulgated on June 18, 2001 by the
Arbitral Tribunal of the Construction Industry Arbitration Commission
(CIAC),...
Promulgated on 2006-09-18
326. CA GR SP 95830: GEN. ABRAHAM MANGONON (RET.), ET AL. vs. THE HON. BRIGIDO ARTEMON LUNA II, et al.
This pertains to the Petition for Certiorari under Rule 65 of the Rules
of Court from the Order dated 7 April 2006 issued by the Regional Trial
Court (Branch 196) Paranaque City, filed by the petitioners through counsel
on 11 August 2006....
Promulgated on 2006-09-18
327. CA GR SP 87152: IMELDA T. DARAUG vs. ROGER P. PEREZ
The petitioner appeals by petition for review the adverse
decision dated July 27, 2004 rendered by the Office of the President
(OP), approving the recommendation for her dismissal made by the
Presidential Anti-Graft Commission (PAGC)....
Promulgated on 2006-09-18
328. CA GR SP 89123: FILOMENA SONEJA vs. RAMON SAURA, JR.
This is a Petition for Review filed under Rule 42 of the Rules of Court
assailing the January 20, 2003 Order of the Regional Trial Court, Branch 44,
Manila (RTC),...
Promulgated on 2006-09-18
329. CA GR CR 29951: PEOPLE OF THE PHILIPPINES vs. NEIL ALDRIN NOBLEZA y NOBLEZA
For failure of the accused-appellant to file his appellant's brief
within the authorized period per report of the Judicial Records Division,...
Promulgated on 2006-09-18
330. CA GR CV 80037: CHARITO ADRIANO vs. CDO FOODSPHERE, INCORPORATED
This appeal by writ of error seeks to overturn: (1) The Order issued on
February 14, 2003 by the Regional Trial Court (or RTC) of Malolos, Bulacan,
Branch 11, in Civil Case No. 732-M-02,...
Promulgated on 2006-09-18
331. CA GR SP 91110: VIRGILIO C. AQUINO and JULIANA D. AQUINO vs. HON. REGIONAL TRIAL COURT, BR. 40, DAGUPAN CITY, et al.
By petition for review, defendants Spouses Virgilio and Juliana
Aquino appeal the decision dated April 28, 2005 of the Regional Trial
Court (RTC), Branch 40, in Dagupan City,...
Promulgated on 2006-09-18
332. CA GR SP 94369: BOOK MEDIA PRESS, INC. and BENITO J. BRIZUELA vs. NLRC (FIRST DIVISION), et al.
Before this Court is a Petition for Certiorari under Rule 65 of
the 1997 Rules of Civil Procedure assailing the Resolutions...
Promulgated on 2006-09-18
333. CA GR CR 01531: THE PEOPLE OF THE PHILIPPINES vs. LEE RODRIGO, et al.
Before this Court is an appeal from the decision dated June 27, 2005 of the Regional Trial Court, Third Judicial Region, Branch 11 (XI), Malolos City,...
Promulgated on 2006-09-18
334. CA GR CV 86207: NELLY C. PUA vs. HEIRS OF AUSTON COLOMA et. al.
For consideration is defendant-appellant Philippine
Rural Banking Corporation's Motion for Reconsideration of
this Court's resolution dated May 03, 2006 which
dismissed its appeal due to non-payment of the required
docket fees....
Promulgated on 2006-09-18
335. CA GR SP 92561: SPOUSES ERNESTO GALICIA et al. vs. MARCELINA CONSTANTINO Vda. de LOZANO, et al.
This amended petition for review seeks to overturn the following: (1) The
June 24, 2005 Decision of the Department of Agrarian Reform Adjudication
Board (DARAB), in DARAB Case No. 9696,...
Promulgated on 2006-09-18
336. CA GR SP 93139: TRUE NORTH MANUFACTURING SERVICES CORP. WORKERS ASSOCIATION (TNMSCWA) vs. NLRC et al.
Challenged in this special civil action for certiorari as tainted with grave abuse
of discretion, amounting to lack or excess of jurisdiction,...
Promulgated on 2006-09-18
337. CA GR CV 84563: CELESTINO DAVID et al. vs. REPUBLIC OF THE PHILIPPINES
Appeal by the State from the Decision dated October 12, 2004 of the
Municipal Trial Court of San Jose, Batangas, in LRC Case No. 039, granting the
original registration of title over a certain parcel of land in favor of Celestino
David....
Promulgated on 2006-09-18
338. CA GR SP 90171: ENGR. BENJAMIN B. BERNARDO vs. NATIONAL LABOR RELATIONS, et al.
This Petition for Certiorari in accordance with Rule 65 of the 1997 Rules of Civil Procedure was instituted by Engr. Benjamin B. Bernando to assail,...
Promulgated on 2006-09-18
339. CA GR SP 79640: LOUY YOK LING vs. JUDGE ISAGANI A. GERONIMO, et al.
This petition for certiorari, filed pursuant to Rule 65 of the Rules
of Court, as amended, seeks to set aside the Order issued by Branch
263, RTC, NCJR, Pasig City on February 10, 2003...
Promulgated on 2006-09-18
340. CA GR CR 29983: PEOPLE OF THE PHILIPPINES vs. ROGELIO PAGULAYAN
Before the Court is a "Motion to Withdraw Appeal" dated August 9,
2006 filed by accused-appellant's counsel, praying for the withdrawal of
the present appeal on the basis of a handwritten letter dated August 3,
2006 signed by accused-appellant and two...
Promulgated on 2006-09-18
341. CA GR SP 86743: EDUARDO L. RAYO vs. RIZAL COMMERCIAL BANKING CORPORATION, et al.
Before Us is a petition for certiorari under Rule 65 of the 1997 Rules of Civil Procedure assailing 1) the trial court's Order [rendered in open court during the March 15, 2004 hearing] denying petitioner's request to conduct litigation by himself and 2)...
Promulgated on 2006-09-18
342. CA GR CR 30284: GRACE GALICIA SUCKSUPHAN vs. PEOPLE OF THE PHILIPPINES, et al.
From the Orders dated April 26, 2006 and July 26, 2006 of the
Regional Trial Court which denied petitioner's petition for relief from
judgment and motion for reconsideration of said denial of the petition for
relief...
Promulgated on 2006-09-18
343. CA GR SP 88201: PEOPLE OF THE PHILIPPINES vs. EROLD MERIDOR
This is a petition for review under Rule 42 seeking to reverse and set aside the 6 February 2004 Decision of the Regional Trial Court, Branch 7, in Baguio City as well as its 26 October 2004 Order denying the Motion for Reconsideration of petitioners Erol...
Promulgated on 2006-09-18
344. CA GR CV 65272: MALAYAN INSURANCE CO., INC. vs. PHILIPPINE SKYLANDERS, INC.
This is an appeal from the Decision dated July 21, 1995
rendered by the Regional Trial Court of Manila, Branch 13, in Civil
Case No. 92-61063....
Promulgated on 2006-09-18
345. CA GR SP 73377: BUENAVENTURA B. VERGARA and ROSELYN T. TUMASIS vs. GLORY PHILIPPINES, INC., and NLRC
By certiorari, the employees seek to nullify the order dated
December 20, 2001 setting aside and reversing the decision in their
favor dated June 8, 2001 upon the employer's motion for
reconsideration, thereby classifying them as project employees;...
Promulgated on 2006-09-18
346. CA GR SP 60010: WATERFIELDS INDUSTRIES CORPORATION, et al. vs. Spouses ALEJANDRO MANZANILLA and REMEDIOS VELASCO
Before the Metropolitan Trial Court (or "MTC") of Manila
(Branch 4) was an action for unlawful detainer filed by spouses
Alejandro Manzanilla and Remedios Velasco (or "respondents")
against Waterfields Industries Corporation (or "petitioner")
concerni...
Promulgated on 2006-09-15
347. CA GR SP 93043: VILMA SO vs. HONORABLE NLRC Second Division, et al.
The petitioner, a duly recognized recruiter engaged in the
recruiting and placement of Filipino overseas contract workers,
commenced this special civil action for certiorari and prohibition
against the National Labor Relations Commission (NLRC) to seek...
Promulgated on 2006-09-15
348. CA GR SP 85870: PRIME NEIGHBORHOOD ASSOCIATION, INC. vs. HON. SAMUEL H. GAERLAN, et al.
Before Us is a Petition for Certiorari assailing the Order dated
May 28, 2004 of the Regional Trial Court (RTC) in LRC Case No. Q-
17793(04) granting the ex-parte petition of private respondent...
Promulgated on 2006-09-15
349. CA GR CV 64297: EDWIN T. HERNANDEZ vs. KAGAWADS LEONILO P. ANTONIO, et al.
On September 7, 2005, the Court issued a Decision of the said
appealed case which has become final and executory....
Promulgated on 2006-09-15
350. CA GR CR 27957: PEOPLE OF THE PHILIPPINES vs. MONALISA D. RAMOS
This is an appeal from the Decision of the Regional Trial Court,
Branch 7, Baguio City finding accused-appellant guilty of the crime of
estafa....
Promulgated on 2006-09-15
351. CA GR CV 85997: SPOUSES AVELINO LANDICHO AND ERLINDA LANDICHO vs. BPI FAMILY SAVINGS BANK, INC.
This is an appeal from the Decision dated June 30, 2005 of the Regional
Trial Court of Lipa City, Branch 85 in Civil Case No. 00-0286 which dismissed the
complaint for redemption subject to the reduction in attorney's fee and liquidated
damages....
Promulgated on 2006-09-15
352. CA GR CV 80625: R.S. RIVERO ENTERPRISES INC. vs. FEDERAL EXPRESS CORPORATION
"WHEREFORE, judgment is hereby rendered ordering the
defendant to pay to the plaintiff the sum of ,014.84 with 12%
interest per annum from April 5, 2001 until fully paid,...
Promulgated on 2006-09-15
353. CA GR CV 84691: PEDRO VILLANUEVA, et. al. vs. PATROCINIO VILLANUEVA-AGBULOS, et. al.
Finding no new matter of substance that may warrant
the reconsideration, much less the reversal of this Court's
decision dated July 25, 2006,...
Promulgated on 2006-09-15
354. CA GR CV 56807: INGASCO INC. vs. EDDIE TAN
This appeal seeks the reversal of the decision dated August
21, 1997 of the Regional Trial Court (RTC) of Kalookan City, Branch
125...
Promulgated on 2006-09-15
355. CA GR CR 28936: EMELITA NUNEZ vs. PEOPLE OF THE PHILIPPINES
Before Us is a Petition for Review under Rule 42 of the 1997
Rules of Civil Procedure seeking to annul and set aside the decision
of Branch 18 of the Regional Trial Court (RTC) of Tabaco City, Albay
dated November 22, 2004,...
Promulgated on 2006-09-15
356. CA GR SP 94751: MATERRCO, INC. vs. FIRST LANDLINK ASIA DEVELOPMENT CORP.
The well-entrenched principle is that the jurisdiction of
the court over the subject matter of the action is determined
by the material allegations of the complaint and the law,
irrespective of whether or not the plaintiff is entitled to
recover all o...
Promulgated on 2006-09-15
357. CA GR SP 94503: LORENZO S. MENDIOLA, SR. vs. DANIEL D. PANGANIBAN
Assailed in this petition for review under Rule 42 is the Decision dated
November 2, 2004 of the Regional Trial Court of Quezon City, Branch 87 in Civil
Case No. Q-04-51703...
Promulgated on 2006-09-15
358. CA GR SP 81152: GALICANO P. PANGHULAN vs. SOCIAL SECURITY SYSTEM (Agchem Manufacturing Corp.)
This case is an appeal from the decision of the
Employees Compensation Commission (ECC) dated October
28, 2003 by way of Petition for Review under Rule 43 of the
1997 Rules of Civil Procedure....
Promulgated on 2006-09-15
359. CA GR CR 00990: PEOPLE OF THE PHILIPPINES vs. BENJAMIN SOLIMEN
On intermediate appeal is the decision rendered by Branch 6,
Regional Trial Court, Baguio City in Criminal Cases Nos. 15926 R
and 15927 R....
Promulgated on 2006-09-15
360. CA GR SP 95898: MAYA CHANDNANI, ET AL. vs. HON. RTC, BINANGONAN, RIZAL, BR. 69 & JOCELYN JAVIER
The instant petition for certiorari faces outright dismissal for the
following reasons:...
Promulgated on 2006-09-15
361. CA GR SP 84491: METROPOLITAN BANK AND TRUST COMPANY vs. HON. WINLOVE M. DUMAYAS, et al.
This is the private respondents' Motion for Reconsideration (of
the Resolution dated June 21, 2005)1, filed through counsel, on the
following grounds:...
Promulgated on 2006-09-15
362. CA GR CR 30011: PEOPLE OF THE PHILIPPINES vs. ANDREW CANA
On 9 May 2006, a Notice to file Brief was sent by Judicial Records Division (JRD) to the Public Attorney's Office (PAO) counsel of accused-appellant....
Promulgated on 2006-09-15
363. CA GR CR 29560: PEOPLE OF THE PHILIPPINES vs. FRANCISCO BATANG y DEZA
On July 13, 2005, a warrant was issued by the trial court for the arrest
of accused-appellant Francisco Batang y Deza. However, nothing in the
record shows that he has been arrested or has, otherwise, posted bail for his
provisional liberty during the...
Promulgated on 2006-09-15
364. CA GR CR 29199: PEOPLE OF THE PHILIPPINES vs. AMELIA DE PABLO GUTIERREZ
Our appellant Amelia de Pablo Gutierrez (or Gutierrez for brevity) had
been in government service for some years, and was the Revenue
Collection Clerk III of Balayan, Batangas in 1998 when the boom was
lowered on her for having taken liberties with the...
Promulgated on 2006-09-14
365. CA GR CV 81996: VICENTE C. PONCE vs. NICASIO I. ALCANTARA, et al.
The power of the court to award attorney's fees under
Article 2208 of the New Civil Code demands factual, legal and
equitable justification, without which the award is a
conclusion without a premise, its basis being improperly left
to speculation an...
Promulgated on 2006-09-14
366. CA GR CV 79335: ERLINDA DALENA, et al. vs. EFREN SARMIENTO
On appeal is the Decision of the Regional Trial Court, Branch 26, Manila, declaring null and void the deed of extra- judicial settlement or partition...
Promulgated on 2006-09-14
367. CA GR CR 02410: PEOPLE OF THE PHILIPPINES vs. EDUARDO VERZOSA y Gaselo
Mary Grace Madrona Verzosa (or hereafter Mary Grace) was fourteen
(14) years old, a child of unwed parents, lived on a hand-to-mouth
basis in a far-flung barangay, and whose mother died early. And as if
these were not enough, she was repeatedly raped....
Promulgated on 2006-09-13
368. CA GR SP 93091: CAREER PHILIPPINES SHIPMANAGEMENT CORPORATION, et al. vs. NLRC, et al.
On 21 June 2006, petitioners filed a MANIFESTATION/MOTION
stating that "the parties have now entered into an amicable
settlement wherein private respondent NOEL DALINA received the
amount of SIXTY ONE THOUSAND DOLLARS (US ,000.00)...
Promulgated on 2006-09-13
369. CA GR SP 95381: PERSONNEL EMPLOYMENT AND TECHNICAL RECRUITMENT AGENCY vs. NLRC (FIRST DIVISION), et al.
After a close examination of the instant Petition, We find the
following which warrant its outright dismissal:...
Promulgated on 2006-09-13
370. CA GR CV 68284: FGU INSURANCE CORPORATION vs. ABOITIZ SHIPPING CORPORATION
Before us is an appeal from the Decision dated March 14, 2000 rendered by the Regional Trial Court of Manila, Branch 52, in Civil Case No. 91-56168,...
Promulgated on 2006-09-13
371. CA GR SP UDK 5582: DOMINGO TULIAO vs. ANTONIO ALVIOR, et al.
The instant petition for certiorari, personally prepared by
petitioner, reveals the following defects:...
Promulgated on 2006-09-13
372. CA GR SP 95715: SPS. BENJAMIN BARTOLO and TERESITA BARTOLO vs. RURAL BANK OF PANDI, et al.
After a close examination of the instant Petition, We find the
following which warrant its outright dismissal:...
Promulgated on 2006-09-13
373. CA GR SP 93793: JUNEWIN C. ONGSITCO vs. HONORABLE JUDGE OF RTC, BRANCH XXI, MANILA, JUDGE AMOR A. REYES, et al.
In the Resolution of April 7, 2006, the Court dismissed outright the Petition for Review on Certiorari (as petitioner denominated his petition,...
Promulgated on 2006-09-13
374. CA GR CR 29935: PEOPLE OF THE PHILIPPINES vs. DANILO TORRENA Y ALEJO
For failure of accused-appellant to file Appellant's Brief despite
notice, the instant appeal is DISMISSED....
Promulgated on 2006-09-13
375. CA GR CR 29525: PEOPLE OF THE PHILIPPINES vs. MARIANO TAPIA, DARIO TAPIA AND HARVEY TAPIA
The Letter-Manifestation dated July 26, 2006 filed by the Office
of the Solicitor General, submitting therewith Registry Delivery
Receipt showing that counsel for the accused-appellants received a
copy of the Appellee's Brief on June 1, 2006, is NOTED....
Promulgated on 2006-09-13
376. CA GR CV 49144: MRR AGROPLEX, INC. vs. ERLANDO CAYETANO
Both parties appeal the decision rendered on July 5, 1994 by
the Regional Trial Court (RTC), Branch 24, in Cagayan de Oro City....
Promulgated on 2006-09-13
377. CA GR CV 81424: SARA FRANCESCA S. DE GUZMAN, et al. vs. REPUBLIC OF THE PHILIPPINES
Before this Court is a motion to withdraw application
filed by applicants-appellees on 20 June 2006....
Promulgated on 2006-09-13
378. CA GR CR 29735: ANNA MARIA CATOLICO vs. PEOPLE OF THE PHILIPPINES
The accused appeals the judgment dated August 31, 2005 of
the Regional Trial Court (RTC), Branch 40, in Manila, rendered in the
exercise of its appellate jurisdiction,...
Promulgated on 2006-09-13
379. CA GR CV 70279: HEIRS OF MACARIA BUNAG, et al. vs. FLORENTINO BUNAG and PABLO BUNAG
Before Us is an appeal from the Order dated April 19, 2000 issued by the Regional Trial Court of Bulacan, Branch 10, in Civil Case No. 37-M-98,...
Promulgated on 2006-09-13
380. CA GR CR 30048: PEOPLE OF THE PHILIPPINES vs. EVELYN ANDRADA
It appearing that there is a standing warrant of arrest against
the herein accused-appellant, the instant appeal is DISMISSED,
pursuant to Section 8, Rule 124 of the Rules on Criminal Procedure....
Promulgated on 2006-09-13
381. CA GR SP 88603: ELY REY J. GARCIA vs. MAGSAYSAY MARITIME CORPORATION, et al.
As early as St. Martin Funeral Home v. NLRC (295 SCRA 494
[1998]), the Supreme Court ruled that the proper remedy for review
of a decision...
Promulgated on 2006-09-13
382. CA GR CR 24741: PEOPLE OF THE PHILIPPINES vs. FERDINAND CADANGAN y Oandasan
Brought before Us for review is the Decision dated 29
September 2000 of the Regional Trial Court (RTC), Second
Judicial Region, Luna, Apayao, Branch 26,...
Promulgated on 2006-09-13
383. CA GR SP 94075: ATTY. JUAN R. MORENO vs. ENGR. EUGENE PANAGITON
OIC Ria Estrella Padilla's compliance with Our 2 June 2006
Resolution is NOTED....
Promulgated on 2006-09-13
384. CA GR CV 82199: CRISANTO S. NEPOMUCENO vs. VICTORY LINER, INC.
This is an appeal from the Decision of the Regional Trial Court,
Branch 84, Malolos, Bulacan awarding damages in favor of plaintiffappellee
Crisanto S. Nepomuceno....
Promulgated on 2006-09-13
385. CA GR SP 94784: EDUARDO B. UNGCO, JR., et al. vs. HON. AMELIA C. MANALASTAS, et al.
Petitioner's "COMPLIANCE XXX" with Our 18 July 2006
Resolution is NOTED....
Promulgated on 2006-09-13
386. CA GR SP 89732: JOJET V. MAGSIPOC vs. PHILIPPINE AIRLINES, INC., et al.
Before Us is a Petition for Certiorari under Rule 65 of the Revised
Rules of Court seeking to annul the Decision dated 18 January 2005 of the
public respondent National Labor Relations Commission (hereinafter NLRC),
Third Division in NLRC NCR CA No. 03...
Promulgated on 2006-09-13
387. CA GR SP 94251: FERNANDO M. GAITE, et al. vs. RODOLFO C. ARCEO
Considering the report dated September 5, 2006 of the Judicial
Records Division that petitioners did not comply with the Court's
Resolution dated June 27, 2006 ordering petitioners to submit the
signature of Fernando M. Gaite on the verification and ce...
Promulgated on 2006-09-13
388. CA GR SP 88043: THOMAS LIMON vs. NATIONAL LABOR RELATIONS COMMISSION, et al.
Before this Court is a petition for certiorari under Rule
65 of the 1997 Rules of Civil Procedure seeking a reversal of
the Resolution dated 30 July 2004 rendered by the National
Labor Relations Commission in NLRC CA No. 033156-
02(NLRC RAB-CAR-10-049...
Promulgated on 2006-09-13
389. CA GR SP UDK 5592: LEANDRO DE GUZMAN vs. TERESITA S. TORRALBA
Petitioner's motion for extension of time to file petition for review
was filed only on September 4, 2006, or beyond the fifteen (15)-day
reglementary period which lasted until August 18, 2006....
Promulgated on 2006-09-13
390. CA GR SP 95932: YAMASU SECURITY AGENCY, et al. vs. JUAN EVANGELISTA E. BATOCAEL and LARRY AQUINO
This pertains to the Petition for Certiorari under Rule 65 of the
Revised Rules of Court filed by the petitioners through counsel on
11 August 2006....
Promulgated on 2006-09-13
391. CA GR SP 89988: LIBERTAD POBLETE vs. MANOTOK SERVICES, INC.
The defendant appeals by petition for review the decision
issued on November 2, 2004 in Civil Case No. 108268 entitled
Manotok Services, Inc. v. Libertad Poblete et al. by the Regional Trial
Court (RTC), Branch 47,...
Promulgated on 2006-09-13
392. CA GR SP 77596: G & L ASSOCIATED BROKERAGE, INC. vs. HON.SEVERINO B. DE CASTRO, et al.
Before Us is a Petition for Certiorari under Rule 65 of the Revised
Rules of Court with prayer for a Writ of Preliminary Injunction and Restraining
Order under Rule 58 which seeks to annul and set aside the Order dated 26
February 2003 issued by public...
Promulgated on 2006-09-13
393. CA GR SP 84658: ALEJANDRO R. SANTOS, JR., et al. vs. NATIONAL LABOR RELATIONS COMMISSION, et al.
In this Petition for Certiorari under Rule 65 of the Revised Rules of
Court,...
Promulgated on 2006-09-13
394. CA GR CV 81638: NENA ISAGUIRRE-BOLINAO vs. GERARDO BOLINAO
Before the Court is an appeal from the Decision dated June
25, 2001 in Civil Case No. 90-V-99 of Branch 172, Regional Trial
Court, Valenzuela City granting the petition for "Declaration of
Absolute Nullity of Marriage Under Article 36 of the Family Cod...
Promulgated on 2006-09-13
395. CA GR SP 95849: ALTENEE COMPANY, INC. et al. vs. THE NATIONAL LABOR RELATIONS COMMISSION (Second Division), et al.
This pertains to the Petition for Certiorari with Urgent Prayer for
Issuance of Temporary Restraining Order filed by the petitioners through
counsel on 25 August 2006....
Promulgated on 2006-09-12
396. CA GR SP 93786: LYDIA ALMADIN vs. HON. RAUL M. GONZALEZ, et al.
In this petition for certiorari under Rule 65 of the Rules of
Court, the petitioner seeks to nullify the Resolutions dated
September 26, 2005 and March 2, 2006 of the Secretary of Justice
and to reinstate the Resolution dated November 11, 2004...
Promulgated on 2006-09-12
397. CA GR CV 76009: JUANITO T. CASTILLO & CRISTETA A. CASTILLO vs. NICOLAS G. DALANON
The principle of indefeasibility of a Torrens title does not
apply where fraud attended the issuance of the title....
Promulgated on 2006-09-12
398. CA GR CV 85313: HEIRS OF ALVARO F. ASPERILLA, JR. vs. SPOUSES BENJAMIN FLORES AND ROSITA S. FLORES, et al.
This is an appeal from the Decision dated April 15, 2005 of the Regional
Trial Court of Lingayen, Pangasinan, Branch 38 in Civil Case No. 18152...
Promulgated on 2006-09-12
399. CA GR SP 91094: ANTONIO VIOLAGO, HEIRS OF MIGUEL VIOLAGO, ET. AL.. vs. HON. VICTORIA C. FERNANDEZ BERNARDO, et al.
For denying their Motion for Consolidation of Civil Case No. 777-
M-2000 (for Nullity of Deed, Cancellation of Title, Reconveyance with
Damages) with Civil Case No. 732-M-2000 (for Quasi-Delict and
Damages),...
Promulgated on 2006-09-12
400. CA GR CV 65317: DANILO C. BONIFACIO vs. STATE INVESTMENT TRUST, INC.
Before Us is a motion for reconsideration filed by the plaintiff-appellant
on 05 April 2006, seeking for the reconsideration of the Resolution dated
17 March 2006,...
Promulgated on 2006-09-12
401. CA GR CV 83270: VERA DEL CAMPO vs. SPOUSES CORAZON And RICARDO CALAQUIAN, et al.
This is an appeal assailing the Decision dated April 29, 2004
and Order dated July 29, 2004 of the Regional Trial Court, Branch
255 of Las Pinas City in Civil Case No. LP-96-0250...
Promulgated on 2006-09-12
402. CA GR CV 86652: CIRILO BALABAG, et. al. vs. THE HEIRS OF EMILY LONGAO
It appears that although the plaintiffs-appellants were granted until
August 19, 2006 to file their brief, they filed it late by mailing it on August
22, 2006....
Promulgated on 2006-09-12
403. CA GR CV 81312: SPOUSES JUANITO R. VILLAMIL and LYDIA M. VILLAMIL vs. SPOUSES MATEO A. TOLENTINO, et al.
The essence of a purchaser for value and in good faith of a registered
parcel of land is at the heart of this appeal from the June 12, 2003 Decision
rendered by the Regional Trial Court of Quezon City, Branch 88, in Civil
Case No. 92-11997,...
Promulgated on 2006-09-12
404. CA GR SP 82379: WILFREDO GALVEZ, et al. vs. NATIONAL LABOR RELATIONS COMMISSION, et al.
Filed pursuant to Rule 65 of the 1997 Rules of Civil Procedure, the
petition for certiorari at bench seeks the annulment of the Decision dated
September 10, 2003 and the Resolution dated January 14, 2004...
Promulgated on 2006-09-12
405. CA GR SP 94909: JOSE J. DALUMPINES, et al. vs. NATIONAL LABOR RELATIONS COMMISSION (Third Division), et al.
Assailed in this petition for certiorari under Rule 65 is the Decision dated
March 15, 2006 affirming the Decision dated September 27, 2004...
Promulgated on 2006-09-12
406. CA GR SP 73733: SAGANA 100 PHILIPPINES,INC.,, vs. RICARDO S. MARTINEZ, SR., et al.
Petitioner Sagana 100 Philippines, Inc. (Sagana) filed
this petition for injunction with prayer for temporary
restraining order relative to the Writ of Execution...
Promulgated on 2006-09-12
407. CA GR SP 95461: AKIRA KIMURA, ET AL. vs. DIRECTOR OF THE BUREAU OF PATENTS
On the basis of petitioners' Manifestation dated August 26,
2006, stating that they will not pursue their appeal, this Court hereby
considers the same ABANDONED and WITHDRAWN....
Promulgated on 2006-09-12
408. CA GR SP 95927: RENE CARLOS P. BARRETTO vs. HON. SEC. OF JUSTICE RAUL M. GONZALES and WISE & COMPANY, INC.
This is a Petition for Review filed under Rule 43 of the 1997
Rules of Civil Procedure, as amended,...
Promulgated on 2006-09-12
409. CA GR SP 91298: EULOGIO YUTINGCO, et al. vs. BANGKO SENTRAL NG PILIPINAS
Assailed in this petition for review are the Resolutions dated
December 8, 2004 and August 19 3, 2005 issued by the Department of
Justice (DOJ) in I.S. No. 2001-267...
Promulgated on 2006-09-12
410. CA GR CV 86313: DIGNA VERGEL, ET AL. vs. REPUBLIC OF THE PHILIPPINES
In a Manifestation and Motion (in lieu of appellant's brief) dated
August 1, 2006, oppositor-appellant Republic of the Philippines, through
the Office of the Solicitor General,...
Promulgated on 2006-09-11
411. CA GR CV 74080: MARCELO MANALIGOD, et al. vs. REPUBLIC OF THE PHILIPPINES
This is an appeal from the Decision (Records, pp. 91-
93) of the Regional Trial Court of Tagaytay City, Branch
18, dated 4 March 1999 in LR Case No. TG-824 granting
applicant-appellee's application for registration of title,
the dispositive portion of...
Promulgated on 2006-09-11
412. CA GR SP 89641: LUTONG BAHAY FOOD COURT and MRS. LONIFLOR IMPERIAL vs. NATIONAL LABOR RELATIONS COMMISSION, et al.
This Petition for Certiorari in accordance with Rule 65 of the 1997 Rules of Civil Procedure was instituted to impugn, on ground of grave abuse of discretion amounting to lack or excess of jurisdiction,...
Promulgated on 2006-09-11
413. CA GR CR 29511: PEOPLE OF THE PHILIPPINES vs. BERLITO TAGAZA
This is a petition for review which seeks to reverse and set aside the Decision of the Regional Trial Court (RTC), Br. 23, Cabanatuan City affirming that of the Municipal Trial Court in Cities (MTCC), Br. 2, also of Cabanatuan City, which in turn convicte...
Promulgated on 2006-09-11
414. CA GR CV 68400: ALFREDO FERNANDO vs. EUSTACIO DELOS SANTOS
On Appeal before this Court is the Decision dated 20
June 2000 of the Regional Trial Court, Second Judicial
Region, Santiago City, Branch 35, in Civil Case No. 35-2284...
Promulgated on 2006-09-11
415. CA GR CR 23491: PEOPLE OF THE PHILIPPINES vs. PIO CASTILLO @ JUNE
Pio Castillo ("MANG JUNIOR") appeals from the Decision
dated 21 July 1999 of the Regional Trial Court of Manila,
Branch 44 in Consolidated Criminal Cases Nos. 95-43346
and 97-156144 for "Homicide" and "Violation of P.D. No.
1866",...
Promulgated on 2006-09-11
416. CA GR SP 64120: RODOLFO S. DE JESUS vs. OFFICE OF THE OMBUDSMAN and REYNALDO M. TADIAR
This appeal by petition for review seeks the review and reversal
of the decision dated January 23, 2001 rendered in OMB-0-00-0433,...
Promulgated on 2006-09-11
417. CA GR SP 95735: CELIA S. NOBLEJAS vs. DOMINGO T. EVANGELISTA
Before Us is a Petition for Review under Rule 42 of the Rules of
Court assailing the Decision dated March 27, 2006 the Regional Trial
Court (RTC), Branch 20,...
Promulgated on 2006-09-11
418. CA GR CV 84610: HEIRS OF BERNABE ROSAL,SR., et al. vs. ALBERTO ROSAL
This is an appeal from the Order dated 26 October 2004
(Records, pp.33-37) of the Regional Trial Court of Masbate
City, Branch 45,...
Promulgated on 2006-09-11
419. CA GR CR 01095: PEOPLE OF THE PHILIPPINES vs. SALVADOR SANCHEZ y ESPIRITU
Before this Court is an appeal from the Decision
(Records, pp.72-75) dated 14 April 2005 of the Regional
Trial Court of Quezon City, Branch 103,...
Promulgated on 2006-09-11
420. CA GR CV 82729: ACCORD SAVINGS BANK, INC. vs. GAUDELIA DE GUZMAN, et al.
The issue of whether a mortgage lien is superior to a mechanic's lien
under Article 2241 of the Civil Code of the Philippines is at the heart of this
appeal from the Orders dated October 16, 2003 and February 6, 2004...
Promulgated on 2006-09-11
421. CA GR SP 90565: INDEPENDENT LABOR AND ASSOCIATED WORKERS AT ISUZU AUTOPARTS vs. HON. PATRICIA STO. TOMAS, et al.
Filed pursuant to Rule 65 of the 1997 Rules of Civil Procedure,
the petition for certiorari at bench seeks the reversal of the Resolutions
dated April 28, 2005 and June 27, 2005...
Promulgated on 2006-09-11
422. CA GR CV 65722: SPS. RODRIGO and MARTINA DELOS SANTOS vs. BIENVENIDO LIBRES, et al.
For Our resolution is this appeal from the Decision dated 3
November 1999 of the Regional Trial Court, Branch 68, of Lingayen,
Pangasinan,...
Promulgated on 2006-09-11
423. CA GR CV 82126: NERISA JUAN ANASTACIO vs. REPUBLIC OF THE PHILIPPINES
Represented by the Office of the Solicitor General, appellant Republic
of the Philippines seeks the reversal of the July 10, 2003 reconsidered
decision rendered by the Municipal Trial Court of Obando, Bulacan, in LRA
Case No. 764 (LRA Record No. N-7393...
Promulgated on 2006-09-11
424. CA GR SP 93997: SAMUEL CASIBEN, et al. vs. HON. LEONARDO C. LEYALEY
In this Mandamus On Appeal, respondent-appellant
Leonardo C. Leyaley, District Engineer of Mountain Province
Engineering District (MPED), seeks to nullify and set
aside the 20 January 2006 Judgment of the Regional Trial
Court of Bontoc, Mountain Provi...
Promulgated on 2006-09-11
425. CA GR CV 76539: SPS. ELIAS BALANON And CONSOLACION BALANON vs. RUBEN LAGAO, et al.
This is an Appeal interposed by appellant-spouses Elias and
Consolacion Balanon from the Decision dated 26 June 2002
rendered by the Regional Trial Court...
Promulgated on 2006-09-11
426. CA GR CV 79793: VIRGILIO NICOLAS, ET AL. vs. SPS. RAFAEL AND BERNARDITA DETERA AND RACHEL DIESTA
This treats of the twin appeals perfected from the Decision dated July
17, 2003 rendered by the Regional Trial Court of Sorsogon City, Branch 53,
in Civil Case No. 93-5872,...
Promulgated on 2006-09-11
427. CA GR SP 89511: PHILIPPINE STOCK EXCHANGE, INC. vs. HON. SIXTO MARELLA, JR., et al.
Before this Court is a Petition for Certiorari seeking
the nullification of the Order dated 01 February 2005
issued by public respondent judge Sixto Marella, Jr.,...
Promulgated on 2006-09-11
428. CA GR SP 83527: SAN DIONISIO TRANSPORT SERVICES COOPERATIVE, INC. vs. HON. PEDRO DE LEON GUTIERREZ, et al.
Before the Regional Trial Court of Pasay City (Branch
119), presided over by Hon. Pedro de Leon Gutierrez (or
"respondent judge"), was an action for damages filed by Editha
Bernadette Gamulo-Amolo (or "private respondent") on August
7, 1998 against Ed...
Promulgated on 2006-09-11
429. CA GR SP 89802: PEAK MANPOWER RESOURCES, et al. vs. DEPARTMENT OF LABOR AND EMPLOYMENT, et al.
This is a petition for certiorari seeking to annul and set aside the 7 April 2005 Order of the Department of Labor and Employment (DOLE) dismissing its appeal which was treated as a petition for review,...
Promulgated on 2006-09-11
430. CA GR SP 62565: ACI PHILIPPINES, INC. vs. SECRETARY OF LABOR AND EMPLOYMENT, et al.
This is a petition for certiorari under Rule 65 of the
1997 Rules of Civil Procedure that seeks to annul the
following:...
Promulgated on 2006-09-11
431. CA GR SP 85684: DENNIS DE LEON ARAULLO, et al. vs. ALICE B. DE LEON
This Petition for Review under Rule 42 of the Rules of Civil
Procedure filed by petitioners Dennis De Leon Araullo and spouses Alfredo
Araullo and Agnes De Leon Araullo calls for the reversal...
Promulgated on 2006-09-11
432. CA GR SP 94240: ECOLE FRANCAISE DE MANILLE et al. vs. The Hon. Judge PERLA CABRERA-FALLER, et al.
Impugned in this special civil action for certiorari, as having been issued with
grave abuse of discretion, amounting to lack or excess of jurisdiction,...
Promulgated on 2006-09-11
433. CA GR SP 93967: ROLANDO AMORES Y AMBION, et al. vs. HON. JUDGE NORBERTO J. QUISUMBING, et al.
In the Resolution of April 26, 2006, the Court dismissed outright the Petition for certiorari on the following grounds:...
Promulgated on 2006-09-11
434. CA GR CV 69466: CGP TRANSPORTATION AND SERVICES CORPORATION vs. PCI-LEASING AND FINANCE CORPORATION
This is an appeal from the Order dated October 20, 2000
issued by the Regional Trial Court (RTC) of Muntinlupa City, Branch
256,...
Promulgated on 2006-09-11
435. CA GR CV 80051: SPOUSES ANGELO DWIGHT and JOVITA LORNA PENSON vs. UNIWIDE SALES, INC., ET AL.
After a careful perusal of the Motion for Reconsideration (Rollo,
pp. 83-87) filed by plaintiffs-appellees of the Resolution of this Court
dated October 10, 2005 (Rollo, pp. 81-82), as well as the
Opposition/Comment (Rollo, pp. 89-91) filed by defendan...
Promulgated on 2006-09-11
436. CA GR SP 94041: FCL CONSTRUCTION and FERNANDO C. LARANANG vs. NLRC, ENRIQUE PICAR, ET AL.,
For failure of the petitioners to comply with the Court's
resolution dated May 5, 2006, the herein Petition for Certiorari with
Prayer for Temporary Restraining Order and Writ of Preliminary
Injunction is hereby DISMISSED....
Promulgated on 2006-09-11
437. CA GR CR 29098: PEOPLE OF THE PHILIPPINES vs. ROBERTO SALONGA y RAMIREZ
Before Us is an appeal from the Decision of the Regional Trial Court of Manila, Branch 27, dated November 23, 2004,...
Promulgated on 2006-09-11
438. CA GR SP 95904: SAISHO ONKYO, INC. vs. NATIONAL LABOR RELATIONS COMMISSION and IRMA GUBAN, et al.,
An examination of the instant Petition for Certiorari
with Application for Issuance of Writ of Preliminary
Prohibitory Injunction and Prayer for Issuance of Temporary
Restraining Order reveals that:...
Promulgated on 2006-09-11
439. CA GR CV 86212: DERMABASICS vs. FAMILY INTERIOR ARTS, INC., ET AL.
Acting on the report dated August 18, 2006 of the Judicial
Records Division that no appellant's brief has been filed as per
docket book,...
Promulgated on 2006-09-11
440. CA GR SP 86469: ORCHARD REALTY AND DEVELOPMENT CORPORATION vs. REPUBLIC OF THE PHILIPPINES
Acting on the Motion to Withdraw Appeal filed on August
29, 2006 by oppositor-appellant Republic of the Philippines,
through counsel Office of the Solicitor General,...
Promulgated on 2006-09-11
441. CA GR SP 76112: DM CONSUNJI, INC. vs. NATIONAL LABOR RELATIONS COMMISSION, et al.
Alleging that these were issued with grave abuse of discretion,
the petitioner DM Consunji, Inc. (or hereafter DMCI) pleads that the
Decision dated October 30, 2002 and Resolution dated December
27, 2002 rendered by the respondent National Labor Relati...
Promulgated on 2006-09-11
442. CA GR CV 77696: ALFREDO DE JESUS vs. JACQUES GAGNON
Before the Court is an appeal from the Decision dated July 2, 2001 of
the Regional Trial Court (RTC) of Angeles City, Branch 60, in Civil Case
No. 8454...
Promulgated on 2006-09-11
443. CA GR SP 74445: BALIKATAN SA KAUNLARAN NG TIBIG MULTIPURPOSE COOP. INC. vs. SEC. OF THE DEPT. OF AGRARIAN REF. et al
This is a petition for mandamus filed by Balikatan sa Kaunlaran
ng Tibig Multi Purpose Cooperative Inc. (or Balikatan) represented by its
president, Gregoria Tercero, seeking to compel the Secretary of
Agrarian Reform to allow Balikatan to intervene in...
Promulgated on 2006-09-11
444. CA GR CV 67557: MANOLO I. ESTRELLA vs. FIL-ESTATE MANAGEMENT, INC., et al.
The bone of contention in the case at bench is who between the
parties is entitled to Lot 3 Blk 14 of the Greenheaven Subdivision in
Maybunga, Pasig City....
Promulgated on 2006-09-11
445. CA GR CR 29125: REPUBLIC OF THE PHILIPPINES vs. ALLAN ARANZA Y VILLAMIN
Before Us is an appeal from the October 26, 2004
Judgment of the Regional Trial Court, Branch 30 of
San Pablo City in Criminal Case No. 13815-SP
convicting accused-appellant Allan V. Aranza for
violation of Section 11 (3),...
Promulgated on 2006-09-11
446. CA GR SP 95330: RENE DAHUNAN vs. NATIONAL LABOR RELATIONS COMMISSION, ET. AL.
Before Us is petitioner's motion for consideration from
Our July 31, 2006 Resolution which dismissed the petition for
failure...
Promulgated on 2006-09-11
447. CA GR SP 90782: ENGR. CECILIA A. ALAYAN vs. MAYOR ROMEO GONTANG OF GAINZA, CAMARINES SUR
Before Us is a Petition for Review, with an urgent prayer for the
issuance of a temporary restraining order and/or a preliminary
injunction, which seeks to reverse and set aside...
Promulgated on 2006-09-11
448. CA GR CV 79532: EVA C. CAMBALING vs. DEVELOPMENT BANK OFTHE PHILIPPINES
This is an Appeal interposed by appellant Eva C. Cambaling
from the Order dated 18 March 2003 rendered by the Regional Trial
Court (RTC, for brevity) of Naga City,...
Promulgated on 2006-09-11
449. CA GR CR 25903: PEOPLE OF THE PHILIPPINES vs. ELLEN LAGMAN Y EDROSA
Before this Court is an Appeal seeking to set aside the Decision
of the Regional Trial Court [RTC, for brevity] of Pasig City, Branch
155 convicting accused-appellant...
Promulgated on 2006-09-11
450. CA GR SP 78399: ALLAN TAN vs. JUDGE VILMA T. PAUIG, BR. 2 TUGUEGARAO CITY, VICTOR LAU, et al.
Assailed in this Petition for Certiorari is the Order of the
Regional Trial Court (RTC, for brevity) of Tuguegarao City which
dismissed Civil Case No. 6077 for Declaration of Nullity of Board Meeting,...
Promulgated on 2006-09-11
451. CA GR CV 74629: MARRIANE MICHELLE A. MANGUBAT-POLICARPIO vs. ALFONSO PAUL DE GRACIA POLICARPIO IV, et al.
Before Us on Appeal is the Decision dated 20 January 2002
rendered by the Regional Trial Court (RTC, for brevity), which
granted the instant petition for declaration of nullity of marriage...
Promulgated on 2006-09-11
452. CA GR CR 29571: PEOPLE OF THE PHILIPPINES vs. ALEX LOPEZ and JOVITO "FEDERES"LAGANSON
Before us is an appeal from the judgment of the Regional Trial Court,
Branch 3 of Legazpi City in Criminal Case No. 9528 finding herein accusedappellants
guilty beyond reasonable doubt of the crime of robbery with
physical injuries....
Promulgated on 2006-09-11
453. CA GR CR 29281: PEOPLE OF THE PHILIPPINES vs. JAY GUEVARRA y NACIONAL
Appealed is the Decision of the Regional Trial
Court, Branch 76, Quezon City dated 6 January 2005 in
Criminal Case No. Q-03-116435, the decretal part of
which reads:...
Promulgated on 2006-09-11
454. CA GR SP 74069: FELIX CAAYA, et al. vs. THE HON. VOLUNTARY ARBITRATOR JORGE M. MANALO and PHILEX MINING CORPORATION
The petitioners, all regular employees of respondent Philex
Mining Corporation (Philex), commenced this special civil action for
certiorari to nullify the resolutions dated August 2, 2002 (dismissing
the petitioners' claims) and August 20, 2002...
Promulgated on 2006-09-11
455. CA GR SP 93120: EDELSTAHL DRAINAGE SYSTEMS ASIA, INC. vs. NLRC, et al.
This is a petition for certiorari under Rule 65 of the 1997 Rules of Civil
Procedure which seeks to annul and set aside the Decision dated July 22,
2005 issued by public respondent National Labor Relations Commission in
NLRC NCR 09-07771-02 (CA No. 039...
Promulgated on 2006-09-11
456. CA GR SP 87791: ANGELICO M. CABRAL vs. NATIONAL LABOR RELATIONS COMMISSION, et al.
On certiorari, the petitioner hereby seeks to nullify the decision
dated March 31, 2004 rendered by the National Labor Relations
Commission's (NLRC) in OFW Case 02-01-0303-00...
Promulgated on 2006-09-11
457. CA GR SP 93729: VICENTE R. LAZARO vs. HON. OFFICE OF THE CIVIL SERVICE COMMISSION
Before the Court is a Petition for Review under Rule 43 of the
Rules of Court which seeks to annul and set aside Resolution No.
051592 dated October 25, 2005...
Promulgated on 2006-09-08
458. CA GR SP 91666: IRONTRADE ENTERPRISES, IRONCON BUILDERS, and JAIME LIM vs. N L R C (2nd Div.) and LILIAN GO
Before the Court is a petition for certiorari under Rule 65 of the Rules
of Court with a subsequent prayer for the issuance of a temporary restraining
order and/or writ of preliminary injunction...
Promulgated on 2006-09-08
459. CA GR CV 81264: SPS. JEANETTE PADILLA and ELDRED NICANOR PADILLA, et al. vs. CLETO DE VERA and PEDRO SANTOS, JR.
Before the Court on appeal is the Judgment dated November
13, 2003 rendered by the Regional Trial Court (RTC) of La Trinidad,
Benguet, Branch 10, in Civil Case No. 01-CV-1653,...
Promulgated on 2006-09-08
460. CA GR CV 83855: LOLINE LUALHATI REED vs. FLORENCIO SANCHEZ, ET AL.
We have carefully reviewed Our March 3, 2006 Decision
and the reasons therefor and We are more convinced of its
correctness....
Promulgated on 2006-09-08
461. CA GR CV 86133: ABNER BRINGINO, et. al. vs. JAY YANTO
Despite the period granted him, the defendant-appellant failed to file
the appellant's brief within the reglementary period as reported by our
Judicial Records Division....
Promulgated on 2006-09-08
462. CA GR CV 85953: SPOUSES VIRGILIO F. PORTO and RUTH POLINTAN PORTO vs. JOSEFINA PORTO VDA. DE CAMANAG, et. al.
As reported by our Judicial Records Division, no appellant's brief was
filed within the reglementary period computed from the time the appellants'
counsel received the notice to file brief on January 9, 2006....
Promulgated on 2006-09-08
463. CA GR SP 93892: BENJAMIN A. LABARO vs. NATIONAL LABOR RELATIONS COMMISSION, et al.
Assailed in this petition for certiorari under Rule 65 is the Resolution dated
September 30, 2005 reversing the decision dated December 28, 2004 of the
Labor Arbiter...
Promulgated on 2006-09-08
464. CA GR SP 95344: PROVIDENT INTERNATIONAL RESOURCES CORPORATION vs. HON. JUDGE N. C. PERELLO, ET AL.
As prayed for by the petitioner, through counsel, Atty. Godfrey V.
Camaligan, in its "Manifestation" dated August 2, 2006 stating...
Promulgated on 2006-09-08
465. CA GR SP 90255: MILAGROS AREVALO vs. MANOTOK REALTY, INC.
We have carefully reviewed and appreciated petitioner's
arguments in seeking a reconsideration of Our April 25, 2006
Decision but sadly, We find no compelling or justifiable reason
to grant the same....
Promulgated on 2006-09-08
466. CA GR SP 92769: MONALIZA PLACEMENT AGENCY vs. NLRC (SECOND DIVISION) and GIL B. HERNANDEZ
Impugned in this petition for certiorari, as tainted with grave abuse of
discretion, amounting to lack or excess of jurisdiction,...
Promulgated on 2006-09-08
467. CA GR CV 73279: UNION INDUSTRIES, INCORPORATED vs. MANILA ELECTRIC COMPANY
Before Us on appeal is the decision dated December 7, 2000 of
the Regional Trial Court of Pasig City, Branch 151, in Civil Case No.
56208,...
Promulgated on 2006-09-08
468. CA GR CV 85837: CAROLYN C. CHAN, et al. vs. REPUBLIC OF THE PHILIPPINES
This is an appeal from the decision dated December 8, 2004 of the
Regional Trial Court, Branch 18, Tagaytay City (hereafter RTC),...
Promulgated on 2006-09-08
469. CA GR SP 93821: WILFREDO B. FAJARDO vs. ASIAWEALTH PROPERTIES, INC.
This is a petition for review under Rule 43 of the 1997 Rules of Civil
Procedure, as amended, seeking to set aside the Decision dated October 25,
2005...
Promulgated on 2006-09-08
470. CA GR CR 29341: VICENTE L. PANLILIO vs. PEOPLE OF THE PHILIPPINES, et al.
This is a motion for reconsideration of this Court's decision dated
December 5, 2005,...
Promulgated on 2006-09-08
471. CA GR SP 66358: LAND BANK OF THE PHILIPPINES vs. PEPITO PLANTA, et al.
It would subvert the "original and exclusive" jurisdiction of the
RTC for the DAR to vest original jurisdiction in compensation cases in
administrative officials and make the RTC an appellate court for the
review of administrative decisions....
Promulgated on 2006-09-08
472. CA GR CV 84269: GREGORIO MANGOBA and SALOME M. GALOPE vs. TEODORO TUNG and LETICIA M. TUNG (deceased)
Submitted for resolution is the appellees' Motion for
Reconsideration of our Decision dated May 11, 2006....
Promulgated on 2006-09-08
473. CA GR CR UDK 3502: ANTONIO JANDOC and MAXIMINA JANDOC vs. ERNESTO JANDOC and FLORENTINA SANGALANG
Considering defendants-appellants' failure to comply with the
Court's Resolution dated May 10, 2006 directing defendants-appellants
to submit, within ten (10) days from notice,...
Promulgated on 2006-09-08
474. CA GR SP 92496: PERLITA AVILES-MANAIG, ET AL. vs. ANITA M. CONQUILLA, ET AL.
Under Section 4, Rule 65 of the 1997 Rules of Civil Procedure, no
extension of time to file a petition for certiorari shall be granted except for
the most compelling reason and in no case to exceed fifteen (15) days. by
Minute Resolution of March 10, 2...
Promulgated on 2006-09-08
475. CA GR CV 85294: JOVITA AGPOON PEDEGLORIO ESTACIO vs. WINNIE AGPOON LOPEZ & BENJAMIN AGPOON
Considering that the notices to file brief sent to plaintiff-appellant
Jovita Agpoon Pedeglorio at her address at Sumabnit, Binalonan,
Pangasinan 2436 and also at San Quintin, Pangasinan 2444,...
Promulgated on 2006-09-08
476. CA GR CR 27711: PEOPLE OF THE PHILIPPINES vs. JESS QUILONIO
Acting on accused-appellant's motion for reconsideration
of this Court's April 3, 2006 Decision dismissing his appeal,
we find no cogent or justifiable reason to grant the same....
Promulgated on 2006-09-08
477. CA GR SP 85556: ALEJANDRO CRUZ-HERRERA vs. NATIONAL LABOR RELATIONS COMMISSION, ET. AL.
Before Us is a motion for reconsideration filed by Atty.
Emmanuel Agustin, alleged counsel for petitioner, from this
Court's September 30, 2005 Resolution...
Promulgated on 2006-09-08
478. CA GR SP 94184: BIENVENIDO DELA CRUZ vs. RODRIGO RODRIGUEZ, JR.
Considering the report dated September 4, 2006 of the
Judicial Records Division that no appellant's brief has been filed
within the period of extension granted in the Resolution dated July
7, 2006,...
Promulgated on 2006-09-08
479. CA GR SP 87877: FREMMUF MUFFLER & SERVICES and/or FREDDIE G. MABAZZA vs. ROWENA FAJARDO and the NLRC
Acting on the motion of petitioners for the
reconsideration of this court's April 3, 2006 Decision denying
due course to the petition,...
Promulgated on 2006-09-08
480. CA GR SP 95912: ELISEO F. SORIANO, et al. vs. HON. RAUL GONZALEZ, et al.
The present petition for certiorari filed under Rule 65, 1997 Rules
of Civil Procedure is fatally defective for the following reasons:...
Promulgated on 2006-09-08
481. CA GR SP 94382: NM ROTHSCHILD & SONS (AUSTRALIA) LIMITED vs. REGIONAL TRIAL COURT, MAKATI CITY, BRANCH 150 et al.
An order denying a motion to dismiss cannot be the subject of a
petition for certiorari-the defendant should file an answer to the
complaint, proceed to trial and await judgment before making an
appeal...
Promulgated on 2006-09-08
482. CA GR CV 81679: LORETO A. NIETES, et al. vs. WELLCON MOTORS, INC.
This is an appeal from the November 3, 2003 Decision of the
Regional Trial Court (RTC) of Quezon City, Branch 105, in Civil Case
No. Q-03-49489...
Promulgated on 2006-09-07
483. CA GR CV 86177: JOHNNY CHUA vs. IRMA DAQUEL, et al.
Before this Court is an appeal from the Orders dated August
1, 2005 and October 12, 2005 of the Regional Trial Court,
National Capital Judicial Region, Branch 273, Marikina City in Civil
Case No. 2005-1023-MK...
Promulgated on 2006-09-07
484. CA GR CR 29158: PEOPLE OF THE PHILIPPINES vs. RAYMONDO GARZON y SEVILLA
In view of the clear intention of accused-appellant to
withdraw his appeal as shown by his letter to the Public Attorneys
Office, which even bears the conformity of his mother, the Motion
To Withdraw Appeal is GRANTED....
Promulgated on 2006-09-07
485. CA GR SP 93954: CYNTHIA M. BRODETH vs. SOCIAL SECURITY SYSTEM (SSS), ET. AL.
Elevated before this Court for review is the decision,
dated December 22, 2005, of the Employees' Compensation
Commission (ECC) affirming the denial by the Social
Security System (SSS) of petitioner's claim for compensation
benefits under Presiden...
Promulgated on 2006-09-07
486. CA GR CV 82187: TERESITA STA. ANA-MOCHINAGA vs. LOCAL CIVIL REGISTRAR OF BALAGTAS, BULACAN
This is an appeal seeking to reverse and set aside the Order dated May 6, 2003 of the Regional Trial Court of Malolos, Bulacan, Branch 80 in SPC. No. 3-M-2003,...
Promulgated on 2006-09-07
487. CA GR CV 63465: LOURDES N. BUNAG vs. REPUBLIC OF THE PHILIPPINES
Under Section 3(f) of Republic Act No. 26, otherwise
known as "An Act Providing a Special Procedure for the
Reconstitution of Torrens Certificate of Title Lost or
Destroyed,",...
Promulgated on 2006-09-07
488. CA GR CR 29974: THE PEOPLE OF THE PHILIPPINES vs. ALEX BRIOL y DIPLOMO and ROMEO DELA CRUZ y TAN
This is a Joint Motion to Withdraw Appeal filed by
accused-appellants themselves, manifesting that they are no
longer interested in pursuing their appeal before this Court....
Promulgated on 2006-09-07
489. CA GR CR 28734: PEOPLE OF THE PHILIPPINES vs. JOEL B. CONCEPCION
Accused-appellant Joel B. Concepcion ("appellant") appeals from the Decision of the Regional Trial Court of Pasig City (Branch 164), dated April 22, 2004, in Criminal Case No. 12440-D,...
Promulgated on 2006-09-07
490. CA GR CR 30002: ROMULO FLORES vs. PEOPLE OF THE PHILIPPINES
This is an appeal (by way of a petition for review under
Rule 42) from the Decision of the Regional Trial Court of San
Fernando City, La Union, Branch 66, in Criminal Case Nos. 7010
& 7011...
Promulgated on 2006-09-07
491. CA GR SP 88642: LEONCIO R. FONACIER vs. REGIONAL TRIAL COURT, MAKATI CITY, BRANCH 133 et al.
Before Us is a Petition for Certiorari under Rule 65 of the Revised Rules of Civil Procedure, seeking to nullify and set aside the Orders dated August 11, 2004 and December 8, 2004 of the
Regional Trial Court of Makati, Branch 133, in Criminal Case Nos....
Promulgated on 2006-09-07
492. CA GR SP 89424: MA-FEL TRANSIT CORPORATION vs. NLRC, SECOND DIVISION, AND LUCIANO PUTIAN
This is a petition for certiorari seeking to modify the Resolutions
dated December 9, 2004 and March 30, 2005 of the National Labor Relations Commission (NLRC) in NLRC NCR CA No. 036292-03 (NLRC NCR-00-03-01927-02)...
Promulgated on 2006-09-07
493. CA GR CR 29597: THE PEOPLE OF THE PHILIPPINES vs. ARTURO DIMAANO
Considering the report of the Judicial Records Division of this
Court that as of August 22, 2006, no Reply Brief has been filed, the
instant appeal is now deemed submitted for decision....
Promulgated on 2006-09-07
494. CA GR CV 83906: SPOUSES JUAN AND JOSEFINA TACTAC et al. vs. PHIL. BANK OF COMMUNICATIONS, et al.
Considering the report of the Judicial Records Division of this
Court that as of August 30, 2006, no Reply Brief has been filed, the
instant appeal is now deemed submitted for decision....
Promulgated on 2006-09-07
495. CA GR SP 87893: MR. & MRS. PRUDENCIO MOOG vs. ARTURO S. DE JESUS AND LEONARDO D. DE JESUS
This is a Motion for Reconsideration of Our Decision dated May
24, 2006, filed by petitioners, through counsel....
Promulgated on 2006-09-07
496. CA GR SP 88549: MID-PASIG LAND DEVELOPMENT CORPORATION vs. HON. ESPERENZA FABONVICTORINO, et al.
R
This is a Petition for Certiorari filed by petitioner under Rule 65
of the revised Rules of Civil Procedure, seeking to annul the Orders
dated October 27, 2004 and December 17, 2004, both issued by
public respondent in Civil Case No. 70038....
Promulgated on 2006-09-07
497. CA GR SP 87364: MARIANDY FRICKE vs. HON. MA. LUISA C. QUIJANO-PADILLA, et al.
The instant petition for Certiorari and Prohibition seeks the
reversal of the Orders of public respondent dated August 4, 2004...
Promulgated on 2006-09-07
498. CA GR CV 79898: ELIZABETH CHUA-SEE vs. RICHARD SEE A.K.A. SEE WING LOK
This is the issue presented by the case at bar, brought on appeal by the Oppositor-Appellant Office of the Solicitor General (OSG) from the Decision, dated February 17, 2003, of the Regional Trial Court of Quezon City (Branch 107) in Civil Case No. Q-99-3...
Promulgated on 2006-09-07
499. CA GR CV 63217: SPOUSES ORLANDO and ELADIA HIPOLITO vs. SPOUSES RAYMUNDO and ERNESTA GUECO, et al.
It is axiomatic that good faith is always presumed
unless contrary evidence is adduced....
Promulgated on 2006-09-07
500. CA GR SP 84504: RIZALINA GABRIEL vs. AGUSTIN MITU, et al.
Petitioner Rizalina Gabriel, acting as the landholder, appeals
the adverse decision issued on November 17, 2003 by the
Department of Agrarian Reform Adjudication Board (DARAB)....
Promulgated on 2006-09-07
501. CA GR SP 76068: EDWARD J. HESHAN vs. Hon. VICENTE Q. ROXAS, et al.
The petitioner Edward J. Heshan (or Heshan for brevity) was sued by
the respondent Ricardo T. delos Santos (or delos Santos) for Unlawful
Detainer before the Metropolitan Trial Court of Quezon City (or MeTC)....
Promulgated on 2006-09-07
502. CA GR CR 01236: PEOPLE OF THE PHILIPPINES vs. DOMINADOR MACHETE y GANTALA
Considering that accused-appellant Dominador Machete y
Gantala's 15 May 2006 handwritten letter manifesting his intention to
withdraw the instant appeal...
Promulgated on 2006-09-06
503. CA GR SP 88671: SUBURBAN SECURITY & INVESTIGATION SERVICES, INC. & SANTIAGO SING vs. NLRC et al.
Before this Court is petitioners' Motion for Reconsideration of
this Court's Decision dated 25 April 2006 which dismissed their
petition and affirmed the assailed NLRC ruling....
Promulgated on 2006-09-06
504. CA GR SP 85853: ERAIDA SANTOS, et al. vs. ALFREDO SALAZAR
Before Us is respondent's motion for reconsideration of this Court's
decision dated April 28, 2006....
Promulgated on 2006-09-06
505. CA GR SP 95556: DAMASO P. ASUNCION, JR., ET AL. vs. NESTOR DALIDA, ET AL.
Considering the following deficiencies: 1) only Oscar A. Pascua
subscribed to the verification and certification of non-forum shopping
sans proof of authority from his co-petitioners;...
Promulgated on 2006-09-06
506. CA GR SP 94404: MISSION HOUSE ADVERTISING et al. vs. DAVID S. BOTE
Per Report of the Judicial Records Division (JRD) dated
23 August 2006, petitioners failed to comply with the
Resolution2 dated 14 June 2006...
Promulgated on 2006-09-06
507. CA GR SP 85212: ROSITA DE GUZMAN vs. THE HONORABLE NLRC (Second Division), et al.
The petitioner-employee comes to us on certiorari seeking to
annul and set aside the resolution dated February 11, 2004 issued in
NLRC NCR CA No. 030855-02...
Promulgated on 2006-09-06
508. CA GR SP 92223: LYDIO SISON vs. THE PRESIDING JUDGE, REGIONAL TRIAL COURT, BRANCH 50, VILLASIS, PANGASINAN, et al.
Before this Court is a petition for certiorari under Rule 65 of the 1997 Rules of Civil Procedure, assailing the Orders dated August 24, 2005 and October 24, 2005 of the Regional Trial Court (RTC), First Judicial Region, Branch 50, Villasis, Pangasinan in...
Promulgated on 2006-09-06
509. CA GR SP 93356: SPOUSES DELFIN P. DIMAL, JR. and AURORA S. DIMAL vs. NORBERTO P. DIMAL
Before this Court is a Petition of Review under Rule 42 of the 1997 Rules of Civil Procedure assailing the Decision dated February 3, 2006 of the Regional Trial Court, National Capital Judicial Region, Branch 91, Quezon City in RTC Appealed Case No. Q-05-...
Promulgated on 2006-09-06
510. CA GR SP 80697: LEONCIA DEL ROSARIO, et al. vs. HON. ADJUDICATION BOARD, DAR QUEZON CITY, et al.
These are consolidated Petitions for Review assailing the Decision dated 26 June 1998 and the Resolution dated 27
October 2003 of the Department of Agrarian Reform
Adjudication Board affirming on appeal the cancellation of
Certificate of Land Transfer...
Promulgated on 2006-09-06
511. CA GR SP 75127: PISO DEVELOPMENT BANK vs. HON. IGNACIO M. CAPULONG, et al.
The respondent Lorenzana Food Corporation (or LFC) sued
petitioner PISO Development Bank (or PISO Bank) principally for specific
performance and injunctive relief before the Regional Trial Court of
Makati City (or RTC)....
Promulgated on 2006-09-06
512. CA GR CV 64404: TINIG NG MARALITA AT KATIYAKAN SA PANINIRAHAN, INC., et al. vs. NATIONAL HOUSING AUTHORITY
The Tatalon Estate has been the subject of too many
legal discords. This is one such case involving an Appeal from
the Decision dated 23 July 1999 of the Regional Trial Court of
Quezon City, Branch 87, dismissing plaintiff-appellants'
Complaint for Da...
Promulgated on 2006-09-06
513. CA GR CV 80263: LILIA Y. FINGLETON vs. HENRY D. RAMOS and CAPITAL INSURANCE AND SURETY COMPANY, INC.
A construction contract necessarily involves
reciprocal obligations, as it imposes upon the
contractor, the obligation to build the structure
subject of the contract, and upon the owner, the
obligation to pay for the project upon its completion....
Promulgated on 2006-09-06
514. CA GR CV 69435: BPI FAMILY BANK San Fernando Branch, Pampanga vs. VIRGILIO G. ARCEBIDO, et al.
On Appeal before this Court is the Decision dated 31
October 2000 of the Regional Trial Court, Third Judicial
Region, San Fernando, Pampanga, Branch 45,...
Promulgated on 2006-09-06
515. CA GR SP 80195: PABLO C. ESPIRITU vs. KENNETH M. COUGHLAN
Before us is a petition for review of the Decision of the Regional
Trial Court, Branch 171, Valenzuela City setting aside the Decision of the
Metropolitan Trial Court, Branch 82, Valenzuela City...
Promulgated on 2006-09-06
516. CA GR CV 78919: METROPOLITAN BANK & TRUST COMPANY vs. SPS. ROLANDO OCHAVILLO AND MARGARITA OCHAVILLO
Before Us is an appeal from the March 26, 2003 Decision of the
Regional Trial Court (RTC), Branch 137, Makati City in Civil Case No.
99-1455....
Promulgated on 2006-09-06
517. CA GR SP 94322: MARCELO O. RAPAJON vs. SEAGULL MARITIME CORP. et al.
After a careful perusal of the Motion for Reconsideration (Rollo,
pp. 47-50) filed by petitioner of the Resolution of this Court dated May
26, 2006 (Rollo, p. 46), as well as the Comment (Rollo, pp. 101-105)
filed by the private respondents, the Court...
Promulgated on 2006-09-06
518. CA GR SP 93861: THE HEIRS OF THE LATE SPS. BERNARDO MAERINA, SR. et al. vs. THE RTC, BRANCH 50, VILLASIS, PANGASINAN
After a careful perusal of the Motion for Reconsideration (Rollo,
pp. 104-110) filed by petitioners of the Resolution of this Court dated
May 26, 2006 (Rollo, pp. 100-103), as well as the Opposition (Rollo,
pp. 117-121) filed by the private respondents...
Promulgated on 2006-09-06
519. CA GR SP 87813: EQUITABLE GENERAL SERVICES, et al. vs. NLRC, et al.
Petitioners seek reconsideration of Our Decision dated December 20,
2005 which dismissed the petition....
Promulgated on 2006-09-06
520. CA GR SP 93302: RICHARD J. GORDON, et al. vs. HON. REGIONAL TRIAL COURT OF OLONGAPO (BRANCH 74) AND EDUARDO BALAOING
After a careful perusal of the Motion for Reconsideration (Rollo,
pp. 82-87) filed by petitioners of the Resolution of this Court dated
April 20, 2006 (Rollo, pp. 79-81), as well as the "Comments and
Compliance" (Rollo, p. 92) filed by...
Promulgated on 2006-09-06
521. CA GR SP 86888: YOLANDA PAGTAKHAN-PEREZ vs. TERESITA MARANAN Vda. de DEL MUNDO
After a careful perusal of the Motion for Reconsideration (Rollo,
pp. 179-184) filed by petitioner of the Decision of this Court dated
May 29, 2006 (Rollo, pp. 163-176), the Court finds no cogent reason
to reconsider said Decision....
Promulgated on 2006-09-06
522. CA GR SP 85625: HILDEBRANDO LLACUNA vs. D.M. CONSUNJI, INC., et al.
After a careful perusal of the Motion for Reconsideration (Rollo,
pp. 281-284) filed by petitioner of the Decision of this Court dated
December 7, 2005 (Rollo, pp. 261-278), as well as the Comment
(Rollo, pp. 288-293) filed by the respondents, the Cour...
Promulgated on 2006-09-06
523. CA GR SP 89046: CONPIL REALTY CORPORATION vs. STEPHEN LAURENCE KITTAND MYLENE T. KITT
On March 30, 2006, the Court promulgated a Decision in this case denying the Petition for review....
Promulgated on 2006-09-06
524. CA GR SP 95845: CERENIO ANCHETA vs. EXTRAORDINARYDEVELOPMENT CORP., INC.
The instant Petition for Certiorari is not accompanied by copies of
the following documents, papers and pleadings, in violation of Section 1,
Rule 65 of the Rules of Civil Procedure:...
Promulgated on 2006-09-06
525. CA GR SP 94464: PHILHUA SHIPPING INC. et al. vs. NLRC-SECOND DIVISION and ARTURO PANIT
After a careful perusal of the Motion for Reconsideration (Rollo,
pp. 31-33) filed by petitioners of the Resolution of this Court dated
May 29, 2006 (Rollo, p. 30), the Court finds no cogent reason to
reconsider said Resolution....
Promulgated on 2006-09-06
526. CA GR CV 66386: PRUDENTIAL GUARANTEE & ASSURANCE CO., INC. vs. EASTERN SHIPPING LINES,INC.
Before Us is a Motion for Reconsideration filed by defendant-appellant Eastern Shipping Lines, Inc. seeking reconsideration of Our Decision, promulgated on May 30, 2006....
Promulgated on 2006-09-06
527. CA GR CR 28609: PEOPLE OF THE PHILIPPINES vs. WILSON BATNAG y ATUBAN
This is an appeal from the Decision of the Regional Trial Court,
Branch 5, Baguio City,...
Promulgated on 2006-09-06
528. CA GR CV 78373: MARIA ROSA T. BESANA vs. PENAFRANCIA TOURS & TRAVEL TRANSPORT INC.,
This is an appeal from the Decision of the Regional Trial Court,
Branch 19, Naga City ordering defendants-appellants to pay damages to
plaintiff-appellee....
Promulgated on 2006-09-06
529. CA GR CR 29694: PEOPLE OF THE PHILIPPINES vs. JESUS TORRES Y UCHI
On June 13, 2006 this Court issued a Resolution granting the
Office of the Solicitor General (OSG) an extension of thirty (30) days
from May 30, 2006 or until June 29, 2006...
Promulgated on 2006-09-06
530. CA GR SP 94438: YSOBEL S. YASAY-MURILLO, et al. vs. HON. JUDGE BENJAMIN D. TURGANO
Petitioner received on April 27, 2006 a copy of the assailed Omnibus
Order of Public Respondent dated February 27, 2006. Consequently, Petitioner
had until June 26, 2006 to file a Petition for Certiorari....
Promulgated on 2006-09-06
531. CA GR CV 82270: CRISANTO ESTRELLA, JR. vs. REPUBLIC OF THE PHILIPPINES
This is an appeal by the Republic of the Philippines from the
Decision of the Regional Trial Court, Branch 6, Malolos, Bulacan granting
the petition for reconstitution...
Promulgated on 2006-09-06
532. CA GR SP 88212: RDL PHARMACEUTICAL LABORATORY, INC. vs. SPLASH MANUFACTURING CORP.
Filed by petitioner's counsel on August 16, 2006 is a Motion to
Withdraw Petition and to Dismiss the Case on the ground that realizing that
it is to their mutual benefit that the legal disputes between them,...
Promulgated on 2006-09-05
533. CA GR SP 95802: SPS. SARBJIT SINGH AND KIRANDEEP KAUR vs. HON. ALIPIO F. FERNANDEZ, JR., ET AL.
The Court resolves to DISMISS herein Petition for Certiorari and Injunction with
Preliminary Mandatory and Prohibitory Injunction and Temporary Restraining Order due to procedural infirmities, to wit::...
Promulgated on 2006-09-05
534. CA GR SP 92374: ST. MORITZ SECURITY AGENCY AND ALLIED SERVICES vs. NATIONAL LABOR RELATIONS COMMISSION, et al.
Before this Court is a petition for certiorari filed under Rule 65
of the Rules of Civil Procedure assailing the resolution promulgated
by the National Labor Relations Commission...
Promulgated on 2006-09-05
535. CA GR SP 84708: JOSEFINA SERRANO vs. JOVEN J. ERCILLO et al.
Assailed in this petition for certiorari filed pursuant to Rule 65 of the
1997 Rules of Civil Procedure is the January 19, 2004 Resolution issued by
public respondent National Labor Relations Commission in NLRC-NCR CA
No. 034872-03,...
Promulgated on 2006-09-05
536. CA GR SP 93708: VICTOR C. VALDEZ vs. NATIONAL LABOR RELATIONS COMMISSION, ET AL.
By resolution of May 3, 2006, petitioner was required to submit,
within five (5) days from notice, copies of respondents' motion to
dismiss/position paper and their reply,...
Promulgated on 2006-09-05
537. CA GR SP 95167: EMETERIO DELA CRUZ, ET AL. vs. REYNALDO B. SANTIAGO
On August 18, 2006, this Court issued a minute resolution granting
petitioners' motion for an extension of fifteen (15) days from July 7, 2006, or
until July 22, 2006, within which to file a petition for review....
Promulgated on 2006-09-05
538. CA GR SP 95442: WILFREDO TORRES vs. GRACE D. CLEMENTE, ET AL.
A circumspect examination of the instant petition for review reveals
the following procedural infirmities which warrant its outright dismissal:...
Promulgated on 2006-09-05
539. CA GR SP 89637: HEIRS OF THELMA D. TALASTAS namely: Nelson Talastas, et. al. vs. MARIA J. DE LARA, et.al
Before us is an appeal via a petition for review of the Decision
dated April 01, 2005 of the Regional Trial Court, Branch 223 of Quezon
City in Civil Case No. Q-04-53957...
Promulgated on 2006-09-05
540. CA GR CV 79196: SPOUSES ROLANDO C. ABAQUIN, et al. vs. SPOUSES ROLANDO ICASAS, et al.
On appeal is the Decision dated May 8, 2003 of the Regional
Trial Court of Paranaque City, Branch 274,...
Promulgated on 2006-09-05
541. CA GR SP 67774: RAFAEL LIM, EDGARDO CHUA, et al. vs. FOREST HILLS GOLF & COUNTRY CLUB, INC., et al.
This Petition for Review filed under Rule 43, of the
Rules of Civil Procedure, assails the Decision, dated
November 24, 2000, and the Order, dated July 6, 2001, of
the Securities and Exchange Commission,...
Promulgated on 2006-09-05
542. CA GR CV 86153: ARMED SECURITY AND DETECTIVE AGENCY, INC. vs. DAGUPAN BUS CO., INC.
Defendant appeals from the Decision dated June 23, 2005
of the Regional Trial Court, Branch 67 of Pasig City in Civil Case
No. 69169 for Sum of Money and Damages, the decretal portion
of which reads:...
Promulgated on 2006-09-05
543. CA GR SP 95043: VIOLETA ESPIRITU BIU, ET.AL. vs. LYDIA CLARO
A perusal of the petition shows the following legal defects:...
Promulgated on 2006-09-05
544. CA GR CV 86114: UCPB SAVINGS BANK vs. SPS. HERMELA & WILFREDO GUERRERO, ET AL.
Acting on the Motion to Withdraw Appeal filed by counsel on July
4, 2006, with appellant's conformity thereto and with the information
that appellant,...
Promulgated on 2006-09-05
545. CA GR CV 86594: SPS. MARYLOU S. GALOPE and FERDINAND GALOPE vs. SPS. ROBERTO TAN and TERRY TAN
Records show that on 05 May 2006, this Court sent the defendantappellants
the following notice, to wit:...
Promulgated on 2006-09-05
546. CA GR SP 95473: ZENAIDA CHAVEZ vs. SPS. ALFREDO and MAGGIE CHUA
For our consideration is a petition for review with prayer for a
temporary restraining order and/or writ of preliminary injunction of the
Decision of the Regional Trial Court (RTC),...
Promulgated on 2006-09-05
547. CA GR SP 94701: ANTONIO GUILALAS vs. MANOTOK SERVICES, INC.
Although Antonio Guilalas appears to be the petitioner in the
caption and who signed the verification and certification, Domingo
Escoto is the one named as petitioner in the body thereof...
Promulgated on 2006-09-05
548. CA GR SP 95703: TERESITA RAMOS vs. HON. JOSELITO dJ. VIBANJOR, et al.
In view of the deficiencies noted, to wit:...
Promulgated on 2006-09-05
549. CA GR SP 90206: VIRGINIA JIMENEZ vs. HON. SOCORRO B. INTING, et al.
The Court after going over the petitioner's Motion for
Reconsideration,...
Promulgated on 2006-09-05
550. CA GR CR 27050: THE PEOPLE OF THE PHILIPPINES vs. BENEDICTO BUNGA y SUAN
In an Information dated May 27, 1999, accused Benedicto Bunga y
Suan was charged with violation of Presidential Decree (P.D.) No. 1866, as
amended by Republic Act (R.A.) No. 8294,...
Promulgated on 2006-09-05
551. CA GR SP 88413: JUANITO C. LUALHATI vs. NATIONAL LABOR RELATIONS COMMISSION, THIRD DIVISION, et al.
Petitioner Juanito C. Lualhati (hereinafter petitioner), in this
petition for certiorari, seeks to nullify the Decision dated 26 April
2004 and the Resolution dated 30 September 2004...
Promulgated on 2006-09-05
552. CA GR SP 92353: SPS. EDUARDO P. GOSIENGFIAO and MA. GLORIA A. GOSIENGFIAO vs. HON. PERPETUA ATAL-PANO, et al.
Before the Court is a petition for certiorari under Rule 65 of the
Rules of Court which seeks to annul and set aside the Order dated
December 5, 2003 rendered by the Regional Trial Court of Makati
City (RTC),...
Promulgated on 2006-09-04
553. CA GR CR 01279: THE PEOPLE OF THE PHILIPPINES vs. WILBERT (Boyet) RAMIL
This is an appeal from the Decision dated January 29, 2001
rendered by the Regional Trial Court of Paranaque City (RTC),
Branch 259, in Criminal Case No. 97-608,...
Promulgated on 2006-09-04
554. CA GR SP 95834: ATTY. MARY GEORGE C. CALDONA vs. THE SECRETARY OF THE DOJ, et al.
The present petition for certiorari filed under Section 1, Rule
65, 1997 Rules of Civil Procedure is fatally defective as several
pleadings mentioned in the petition are not attached thereto, to wit...
Promulgated on 2006-09-04
555. CA GR SP 87188: BAYANI PELIPA ILAGAN vs. N L R C, NTER-ORIENTMARITIME ENTERPRISES, INC. et al.
Before the Court is a Petition for Certiorari under Rule 65 of the Rules
of Court which seeks to annul and set aside the Resolution of the National
Labor Relations Commission...
Promulgated on 2006-09-04
556. CA GR CV 80444: PULSER ENTERPRISES, INC. vs. MAGNACOR CONSTRUCTION & DEVELOPMENT CORPORATION and MR. MAR OBENA,
This is an appeal from the Decision of the Regional Trial Court
(RTC), Branch 64, Makati City, dated September 22, 2003, in Civil
Case No. 01-1219,...
Promulgated on 2006-09-04
557. CA GR CV 86101: EDUARDO MENDIOLA, et al. vs. ADRENALINA P. MENDIOLA, et al.
Despite the Court's Resolutions dated April 3, 2006 and June 15,
2006, petitioners-appellants failed to file the required comment on
oppositors-appellees' Manifestation dated March 13, 2006....
Promulgated on 2006-09-04
558. CA GR CR 29531: PEOPLE OF THE PHILIPPINES vs. ROGER GORME y ANDUYAN
Appealed is the May 17, 2005 Decision rendered by
Branch 259, RTC, Paranaque City in Criminal Case No. 04-
0415 entitled "People of the Philippines vs. Roger Gorme y
Anduyan,"...
Promulgated on 2006-09-04
559. CA GR CV 77756: AMADO MILAN and OSCAR SUNICO vs. SHONAN GAKUEN CHILDREN'S HOUSE PHILIPPINES, INC., et al.
This is an appeal from the Decision of the Regional Trial Court
(RTC), Branch 141, Makati City, dated October 24, 2001, dismissing
the complaint for damages,...
Promulgated on 2006-09-04
560. CA GR SP 91100: TOMAS P. BONGALONTA JR. vs. RTC BR 31, HON. LUIS RAYMUND F. VILLAFUERTE, JR., ET AL.
Acting on the Motion for Reconsideration filed by petitioner, seeking reconsideration of the Decision of January 31, 2006, the Court finding no matters of substance raised,...
Promulgated on 2006-09-01
561. CA GR SP 95918: DANILO AMADOR MOSE vs. HON. MANUEL N. DUQUE, et al.
Assailed in this Petition for Certiorari under Rule 65 of the Rules of
Court are the Decision dated March 24, 2006 and the Resolution dated June
14, 2006 both issued by the Regional Trial Court, Branch 197 of Las Pinas
City....
Promulgated on 2006-09-01
562. CA GR SP 84560: CHERRIE PINEZA and KOJI HAMAMURA vs. LENY B. DIAZ, et al.
This petition is an original action praying for the annulment of the 1]
the Decision, dated March 10, 1998; 2] Amended Decision, dated March 24,
1998;...
Promulgated on 2006-09-01
563. CA GR SP 95412: ESTATE OF RODRIGO E. AMERICA, et al. vs. SATURNINO P. ESCALERA, JR.
In this petition for review, petitioner seeks to set aside the
Decision dated March 3, 2006 of the Office of the President, as well
as the Order dated June 29, 2006 denying his Motion for
Reconsideration thereto....
Promulgated on 2006-09-01
564. CA GR SP 86128: CHINA BANKING CORPORATION, ET AL. vs. HON. PATROCINIO R. CORPUZ, ET AL.
We have carefully examined the grounds relied upon by the
petitioners in their Motion for Reconsideration and find no cogent
reason to reverse or modify Our Decision promulgated on July 7, 2005....
Promulgated on 2006-09-01
565. CA GR CV 67343: LOURDES CHOAYAM vs. CECILLA T. FABUNAN
The Entry of Appearance of Atty. Prescillano F. Adamos as
counsel for the defendant-appellee is NOTED....
Promulgated on 2006-09-01
566. CA GR CR 01096: PEOPLE OF THE PHILIPPINES vs. JORGE ROSETE y MERCADO
Before Us on intermediate appeal is the Decision dated August
6, 2003 of the Regional Trial Court of Tuao, Cagayan in Criminal Case
No. 899-T,...
Promulgated on 2006-09-01
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