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Promulgated Decisions and Resolutions
for January, 2005

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

1. CA GR CV 77006: Eva Sarmiento Cayas vs. Republic of the Phil. et al
MARITAL union is a two-way process. An expressive interest in each other s feelings at a time it is needed by the other can go a long way in deepening the marital relationship....
Promulgated on 2005-01-31

2. CA GR SP 82807: Bon-Mar Realty & Sport Corp. vs. Hon. Querubin-Ulibarri, et al.
Assailed in this petition for certiorari are the two orders of the Regional Trial Court, Branch 168, Pasig City in Civil Case No. 56393, namely its December 18, 2003 Order, which lifted and set aside the October 8, 2003 Supplemental Order suspending the i...
Promulgated on 2005-01-31

3. CA GR SP 86115: Ruby Shelter vs. Travellers Life Assurance
Assailed in this petition for certiorari, as tainted with grave abuse of discretion amounting to lack or excess of jurisdiction, are: (1) The Order issued on June 25, 20041 by the Regional Trial Court of Naga City, Branch 26, in Civil Case No.2002-0041, w...
Promulgated on 2005-01-31

4. CA GR CR 27640: People vs. Alfredo B. Teleb
By claiming self-defense, the accused cannot assail the weakness of the prosecution?s evidence but has to rely on the strength of his own evidence to establish his claim....
Promulgated on 2005-01-31

5. CA GR SP 76664: MIGUEL M. LLAMZON VS PHILIPPINE ECONOMIC ZONE
In this petition for review under Rule 43 of the Revised Rules of Court, petitioner Miguel M. Llamzon (Llamzon) prays for the reversal of the resolutions of the Civil Service Commission dated 28 March 2003 and 15 October 2002. The dispositive portion of t...
Promulgated on 2005-01-31

6. CA GR CV 66692: PILIPINO TELEPHONE CORPORATION VS JOSE PARSONS
Plaintiff-appellant interposed this appeal from the Decision dated January 17, 2000 of the Regional Trial Court of Baguio City,Branch 60, dismissing its complaint for sum of money and damages. The following antecedent facts have been culled from the Deci...
Promulgated on 2005-01-31

7. CA GR CR 00028: People vs. Norberto Valdez
HC - This is the pivotal issue in the instant appeal, brought to this Court for intermediate review, from the Decision convicting the lone appellant Norberto Valdez who, in conspiracy with the other co-accused, Virgilio, Bernie, Ronnie and Rogelio, all su...
Promulgated on 2005-01-31

8. CA GR CV 58879: ELMA RAMOS, LUIS RAMOS AND GODOFREDO FLAVIANO VS DOMINADOR FLAVIANO AND JOSEFINA FLAVINIANO
Defendant-appellant Dominador Flaviano appealed from the Decision dated December 6, 1996 of the Regional Trial Court (RTC) of Odiongan, Romblon, Branch 82, dispositively ruling, viz:WHEREFORE, premises considered, this Court, finds the respondent, Domina...
Promulgated on 2005-01-31

9. CA GR SP 88288: Vassar Industries Inc. vs Hon. Ricardo R. Rosari, ET AL
Before this Court is a Petition for Certiorari which seeks to annul and set aside the Order dated September 23, 2004 of the Regional Trial Court of Makati City, Branch 66, in SCA Case No. 04-692 which granted private respondent's application...
Promulgated on 2005-01-31

10. CA GR CV 75783: Florita Sta. Maria Dando vs. Noel F. Dando
Subject of this appeal by the State is the Decision1 of the Regional Trial Court (RTC) in a petition for declaration of nullity of marriage filed by petitioner-appellee Florita Sta. Maria Dando upon the allegation of psychological incapacity of responden...
Promulgated on 2005-01-31

11. CA GR CV 79604: Constancia Bartolome vs. Republic of the Philippines
AT bench is an appeal from the Regional Trial Court (RTC) Order granting the petition for annotation/inscription....
Promulgated on 2005-01-31

12. CA GR SP 84194: Jose Radames B. Ocampo vs. Simeon Fajardo
Petitioner Jose Radames B. Ocampo comes to this Court by way of the instant Petition for Review challenging the Decision dated November 10, 2003 rendered by the Department of Agrarian Reform Adjudication Board in DARAB Case No. 8225,...
Promulgated on 2005-01-31

13. CA GR SP 84265: Alfredo & Sylvia Loredo vs. Teresita & Juanito Epong
Will the invocation of the question of ownership automatically strip the Metropolitan Trial Court of jurisdiction over an ejectment case? This is the issue posed for this Court?s resolution in the present petition, which is one for review,...
Promulgated on 2005-01-31

14. CA GR SP 84352: Delfin Cruz vs. NLRC, et al.
In his petition for certiorari under Rule 65 petitioner Delfin Cruz questions the Resolution of respondent National Labor Relations Commission (NLRC) which, in effect, affirmed the Decision of the Labor Arbiter in the award of certain monetary claims....
Promulgated on 2005-01-31

15. CA GR SP 83822: Edgar Sumido, et al. vs. NLRC, et al.
Lay-off is a temporary termination initiated by the employer, but without prejudice to the reinstatement or recall of the workers who have been temporarily separated, and this cannot be construed as illegal dismissal....
Promulgated on 2005-01-31

16. CA GR CV 79727: Josephine San Juan Pepito et al vs. Leonardo de Leon
ON appeal is the Decision of the Regional Trial Court (RTC) dismissing the complaint for reconveyance of inheritance, partition with preliminary injunction filed by laintiffs-appellants Josephine San Juan Pepito, Angelina San Juan, Thelma San Juan and...
Promulgated on 2005-01-31

17. CA GR CR 24069: People vs. Clemente Montenegro y Abellera
Before us is an appeal from the Decision of the Regional Trial Court, Branch 14, Nasugbu, Batangas,...
Promulgated on 2005-01-31

18. CA GR SP 85584: Southern Shipping vs. NLRC, et al.
While on board a vessel, an overseas seafarer developed symptoms of a certain form of cancer and his ship captain ordered that he be repatriated back to the Philippines for diagnosis and treatment....
Promulgated on 2005-01-31

19. CA GR SP 86970: Ma. Evelyn F. Roma vs. Ruby R. Prado
Under Section 2(b), Rule 131 of the Revised Rules of Court, a conclusive presumption exists that a tenant is not permitted to deny the title of his landlord with whom he has entered into a contract of lease....
Promulgated on 2005-01-31

20. CA GR SP 87073: UST Cooperative, et al. vs. University of Santo Tomas
At bench is a petition for review under Rule 42 of the 1997 Rules of Civil Procedure seeking to annul and set aside the Decision dated March 19, 20041 and the Order dated October 5, 2004,2 rendered by the Regional Trial Court (RTC), Branch 25, Manila...
Promulgated on 2005-01-31

21. CA GR SP 83279: Jestra Development vs. Daniel Ponce Pacifico
This Petition for Review seeks to overturn the Order of the Office of the President in OP Case No. 03-B-088 denying petitioner JESTRA Development and Management Corporation s Motion for Reconsideration of the Order dated December 9, 2003, which affirmed...
Promulgated on 2005-01-31

22. CA GR SP 85313: Apolonio Nayre Ornopia vs. Pioneer Food Mfg. Center, Inc., et al.
Can an employee who is inveigled to submit a letter of resignation due to extreme economic necessity later on claim that he was illegally dismissed? This issue is brought to fore in this petition for certiorari under Rule 65 of the Rules of Court,...
Promulgated on 2005-01-31

23. CA GR SP 85284: Tomas Cowan Co., Inc. vs. NLRC, et al.
In this Petition for Certiorari, petitioner Thomas Cowan & Co., Inc., impugns the Resolution1 of the National Labor Relations Commission (NLRC) promulgated on March 26, 2004 which dismissed its appeal for lack of jurisdiction....
Promulgated on 2005-01-31

24. CA GR SP 84766: R.D. Policarpio & Co., Inc., et al. vs. NLRC, et al.
The present Petition for Certiorari assails the Decision of the National Labor Relations Commission (NLRC) promulgated on September 29, 2003 finding private respondent Noli E. Carlos to have been illegally dismissed in contrast to the findings of the Lab...
Promulgated on 2005-01-31

25. CA GR CV 81385: Metropolitan Bank & Trust Co. vs. Sps. Mendoza
There being no Appellant?s Brief filed as of January 10, 2005, per report by the Judicial Records Division, despite receipt2 by counsel for ppositors-appellants of the Notice to File Brief on July 12, 2004...
Promulgated on 2005-01-31

26. CA GR CV 81314: Virginia Orina, et al. vs. Sonia Llamas-Tan
For failure of both parties to file their respective Appellant?s Briefs within the reglementary period, the present appeal is hereby DISMISSED pursuant to Sec. 1 (e), Rule 50 of the Rules of Court....
Promulgated on 2005-01-31

27. CA GR CV 81294: Sps. Suarez vs. Pedro and Nory Lopez, et al.
There being no Appellant?s Brief filed by plaintiffs-appellants as of December 22, 2004, per report by the Judicial Records Division, despite the grant of a 45-day extension,...
Promulgated on 2005-01-31

28. CA GR CV 67776: Southern Luzon Retreaders, Inc. vs. Superlines Transportation Co., Inc.
Before Us is an appeal from the Decision of the Regional Trial Court, Branch 71, Pasig City promulgated on December 16, 1999 in Civil Case 66771, which is an action for a sum of money filed by plaintiff-appellee Southern Luzon Retreaders, Inc. against d...
Promulgated on 2005-01-31

29. CA GR CR 28440: People vs. Noel Santos, et al
On 06 September 2004, a Resolution was issued by this Court, the text of which reads:...
Promulgated on 2005-01-31

30. CA GR CV 67347: Alfonso Torres, Sr. vs. Eulogia Difunturom, et al.
This is an appeal from the Decision1 of the Regional Trial Court, Branch 46, San Jose, Occidental Mindoro rendered on October 6, 1998 in Civil Case No. R-949 for Specific Performance with Annulment of Title with Damages & with Prayer for the Issuance of...
Promulgated on 2005-01-31

31. CA GR SP 82969: DBP Service Corp. vs. Hon. Eloida R. de Leon-Diaz, et al.
Before this Court is a Petition for Certiorari which seeks to nullify and vacate the two (2) Orders issued by Hon. Eloida R. De Leon-Diaz...
Promulgated on 2005-01-31

32. CA GR SP 84948: Michael Mallari y Pantig vs. People, et al.
Assailed in this appeal is the 24 April 1998 Decision of the Regional Trial Court of Angeles City, Branch 57, dismissing the original action for Petition for Certiorari with Prayer for Temporary Restraining Order and/or Preliminary injunction....
Promulgated on 2005-01-31

33. CA GR CV 61357: Socrates Sy vs. Luna Go, et al.
Before the Regional Trial Court of Quezon City (Branch 105) was an action for injunction and damages, with an application for temporary restraining order (or TRO) and preliminary injunction, filed by Socrates Sy (or appellant) against Luna Go (or Go), An...
Promulgated on 2005-01-31

34. CA GR CV 58906: R.P.; Heirs of Armando Uy vs. Genaro Macaranas y Callanta
On June 28, 1991, Genaro Macaranas y Callanta (or appellant) was indicted before the Regional Trial Court of Tarlac (Capas, Branch 66) for reckless imprudence resulting in homicide, serious physical injuries and damage to property....
Promulgated on 2005-01-31

35. CA GR CV 61061: Shirley Lao vs. Albert F. Torresyap; R.P.
Before the Regional Trial Court of Pasay City (Branch 109) was an action for declaration of nullity of marriage filed by Shirley Lao (or appellant) against Albert F. Torresyap (or respondent)....
Promulgated on 2005-01-31

36. CA GR CV 67719: Cecilia Grageda vs. Proceso Revelar, et al.
Contested before the Regional Trial Court of Legaspi City (Branch 3), in an action for quieting of title and damages, was that 300 square-meter portion (or disputed property) of Lot 1004-E-7 with an area of 918 square meters,...
Promulgated on 2005-01-31

37. CA GR SP 88278: Roque Calanza, et al vs. Hon. Francisco Querubin, et al
This pertains to the Petition for Certiorari under Rule 65 of the 1997 Rules of Court filed on 24 January 2005....
Promulgated on 2005-01-31

38. CA GR CV 79958: Lincoma Multi-Purpose vs. Republic of the Philippines
The core issue in this case is whether or not the application for registration of title of the LIMCOMA MULTI-PURPOSE COOPERATIVE over a parcel of land located at Barangay Namuco, Rosario, Batangas, designated as Lot 972-A, Cad 426, of the Subdivision Plan...
Promulgated on 2005-01-31

39. CA GR CV 68485: Sps. Quilates vs. Gaudencio Reyes, Jr., et al.
Aggrieved by the Decision dated September 11, 2000 of Branch 44, Regional Trial Court, Dagupan City, appellants Gaudencio Reyes, Jr. and Manuel Molina seek redress before this Court through the instant appeal, asserting that:...
Promulgated on 2005-01-31

40. CA GR SP 87742: Sps. Leonardo & Milagros Chua vs. Marino Bernardo M. Torres, Fil-Estate Properties, Inc.
The present Petition for Mandamus is hereby dismissed outright for prematurity, there being no showing that the petitioners had first filed a Motion for Writ of Execution with the Regional Officer concerned of the public respondent HLURB arbiter, purs...
Promulgated on 2005-01-31

41. CA GR CV 81192: Romelito Solis vs. Nenita P. Grino
There being no Appellant?s Brief filed by plaintiff-appellant as of January 10, 2005, per report by the Judicial Records Division, despite the grant of extensions totaling sixty (60) days,...
Promulgated on 2005-01-31

42. CA GR SP 78510: Antonio G. Nazareno vs. Dept. of Justice, Victorina V. Amalingan-Nazareno, Francisco Sales
In Our Resolution dated January 7, 2005, we granted the motion of counsel for petitioner, the latter having died during the pendency of the case, granting said counsel an extension of fifteen (15) days from November 19, 1004 (should be December 19, 2...
Promulgated on 2005-01-31

43. CA GR SP 86873: Daewoo & E&C Co., Ltd., vs Hon. Benigno M. Galacgac et.al.
This is a Petition for Certiorari which seeks to nullify and set aside the Resolutions dated August 10, 2004 and October 5, 2004, of the Regional Trial Court, La Trinidad, Benguet, Branch 63, in Civil Case No. 04-CV-2006,...
Promulgated on 2005-01-31

44. CA GR CV 81162: Heirs of Rosalina M. Rosqueta vs. Rural Bank of Narvacan, et al.
There being no Appellant?s Brief filed as of January 10, 2005, per report1 by the Judicial Records Division, despite receipt2 by counsel for defendants-appellants of the Notice to File Brief on June 8, 2004...
Promulgated on 2005-01-31

45. CA GR CV 81077: Savings Bank of Manila vs. Azolla Farms International, Inc.
There being no Appellant?s Brief filed by defendantsappellants as of January 11, 2005, per report by the Judicial Records Division, despite receipt by counsel for defendantsappellants...
Promulgated on 2005-01-31

46. CA GR SP 85956: Francisco Aboli vs. Hon. Edilberto Claravall, et al
This is a petition for review filed under Rule 42 seeking to reverse and set aside the Decision dated June 14, 2004 of the Regional Trial Court of Baguio City, Branch 60 reversing on appeal the Decision dated November 28, 2003 of the Municipal Trial Cour...
Promulgated on 2005-01-31

47. CA GR CV 80977: Simeon Magno vs. Republic of the Philippines, et al
This is an appeal from the Decision dated September 17 of the Regional Trial Court of Makati City, Branch 144 in Civil Case No. 02-049 declaring the marriage between petitioner Simeon V. Magno and respondent Rosemarie A. Liwanagan void ab initio on the gr...
Promulgated on 2005-01-31

48. CA GR CV 80522: China Banking Corp. vs. Armi S. Abel
There being no Appellant?s Brief filed by respondentappellant as of January 10, 2005, per report1 by the Judicial Records Division, despite the grant of extensions2 totaling fortyfive (45) days, or until July 10, 2004, the present appeal is hereby DISMI...
Promulgated on 2005-01-31

49. CA GR CR 28934: People vs. Dennis A. Vargas
In view of the report by the Judicial Records Division dated January 11, 2005 that there is a standing warrant of arrest against accused-appellant, the present appeal is hereby DISMISSED pursuant to Sec. 8, Rule 124 of the Revised Rules of Criminal Proced...
Promulgated on 2005-01-31

50. CA GR CR 28083: People vs. Juanito Miravel
There being no Appellant?s Brief filed by accused-appellant as of January 10, 2005, per report by the Judicial Records Division, despite the grant of a total of one hundred fifty (150) days extension, or until October 18, 2004, the present appeal is hereb...
Promulgated on 2005-01-31

51. CA GR CV 72160: Sps. Romeo and Anicia Tena vs. Alexander Catolos, et al.
Contested before the Regional Trial Court of Rizal (Antipolo City, Branch 73), in an action for annulment of extra-judicial foreclosure, sheriff?s auction sale with damages, was a parcel of land (or disputed property) with an area of 298 square meters,...
Promulgated on 2005-01-31

52. CA GR SP 75452: Sps. Carlos vs. Hon. Bernardita G. Erum, et al.
May a mortgagee, who was the highest bidder in an execution sale involving the mortgaged property conducted by virtue of a writ of execution to satisfy a judgment in favor of an unsecured creditor of the mortgagor, refuse to pay the bid price on the basis...
Promulgated on 2005-01-31

53. CA GR SP 88204: Wilfredo B. Relata, et al. vs. Coca Cola Bottlers, Inc., et al.
Before us is a petition, dubbed as one for Review, assailing the Decision, dated May 26, 2003 and Resolution, dated March 15, 2004, of the National Labor Relations Commission (NLRC), rendered in NLRC CA No. 036632-03....
Promulgated on 2005-01-31

54. CA GR SP 81962: Emmanuel Ojerio vs. The Hon. Presiding Judge, Br. IV, RTC-Bataan, et al.
This petition for certiorari seeks to recall and set aside the September 15, 2003 Order1 of the Regional Trial Court, Branch IV, Balanga City, dismissing petitioners? consolidated complaints in Civil Case No. 497-ML, Civil Case No. 498-ML, Civil Case No....
Promulgated on 2005-01-31

55. CA GR SP 79355: Cristelamar Realty & Dev. Corp., et al. vs. Victoria Homes, Inc., et al.
This Petition for Certiorari and Prohibition under Rule 65 of the Rules of Court seeks the nullification of the March 7, 2003 Resolution which dismissed the petitioners? appeal as well as the June 27, 2003 Resolution which denied petitioners? Motion for R...
Promulgated on 2005-01-31

56. CA GR CV 70454: Dominador Poblete, Jr. vs. Republic of the Philippines
Subject of this appeal is the March 19, 2001 Decision of the Regional Trial Court, Branch 22, Imus, Cavite, rendered in LRC Case No. 1679-99, LRA Record No. 72477,...
Promulgated on 2005-01-31

57. CA GR CV 82806: ALMA TALIGATOS, ET AL. VS. DOROTEO JOSE L. ESPIRITU
For failure of defendants-appellants to file a brief within the reglementary period, the appeal is considered abandoned and is accordingly DISMISSED pursuant to Sec. 1(e), Rule 50 of the 1997 Rules of Civil Procedure....
Promulgated on 2005-01-31

58. CA GR CV 59225: Azucena Locsin-Garcia vs. Antonio de Zuzuarregui, Jr., et al.
This is an appeal from the Order dated November 25, 1994 of the Regional Trial Court, Branch 215 of Quezon City, in Civil Case No. Q-92-12978 entitled Azucena Locsin-Garcia, plaintiff (appellant) versus Antonio de Zuzuarregui Jr, Enrique de Zuzuarregi, Pa...
Promulgated on 2005-01-31

59. CA GR CV 82337: JOSE FELIPE CANZON, ET. AL. VS. REGISTER OF DEEDS OF QUEZON CITY
For failure of petitioners-appellants to file a brief within the reglementary period, the appeal is considered abandoned and is accordingly DISMISSED pursuant to Sec. 1(e), Rule 50 of the 1997 Rules of Civil Procedure....
Promulgated on 2005-01-31

60. CA GR CV 82332: UNIVERSAL UNION TRADING CORP. VS. DOMINGO VALENCIA
For failure of defendant-appellant to file a brief within the reglementary period, the appeal is considered abandoned and is accordingly DISMISSED pursuant to Sec. 1(e), Rule 50 of the 1997 Rules of Civil Procedure....
Promulgated on 2005-01-31

61. CA GR CR 00206: People vs. William Baclig, et al
THE essence of treachery is the sudden and unexpected attack without the slightest provocation on the part of the person being attacked. Thus, even if the assailant frontally attacked the victim, treachery can be appreciated....
Promulgated on 2005-01-31

62. CA GR CV 82234: GLORY ARTIGA VS. LETICIA PAREL
For failure of defendant-appellant to file a brief within the reglementary period, the appeal is considered abandoned and is accordingly DISMISSED pursuant to Sec. 1(e), Rule 50 of the 1997 Rules of Civil Procedure....
Promulgated on 2005-01-31

63. CA GR CR 28011: People vs. Domingo Gravador
FRAME-UP, like alibi, is a defense that has been invariably viewed by this Court with disfavor as it can be easily concocted. It is commonly used as a standard line of defense in most prosecutions arising from violations of the then...
Promulgated on 2005-01-31

64. CA GR SP 83267: Leticia Pasion Ligon vs. RTC, Br. 101, Q.uezon City, et al.
Before this Court is a Petition for Certiorari and Prohibition under Rule 65 of the Rules of Court which seeks to annul and set aside the Orders of the Regional Trial Court (RTC), Branch 101, Quezon City, dated November 21, 2003 and March 4, 2004....
Promulgated on 2005-01-31

65. CA GR CV 82952: ROMEO EVANGELISTA VS. CONCEPCION SAN JOSE
For failure of petitioner-appellant to file a brief within the reglementary period, the appeal is considered abandoned and is accordingly DISMISSED pursuant to Sec. 1(e), Rule 50 of the 1997 Rules of Civil Procedure....
Promulgated on 2005-01-31

66. CA GR SP 86773: AC4U, Inc. vs. Hon. Isabel G. Panganiban Ortiguerra, et al.
This is a Petition for Certiorari under Rule 65 of the 1997 Rules of Civil Procedure seeking to review and set aside the August 20, 2004 and September 9, 2004 orders of the public respondent in NLRC Cases Nos. RAB III 06-2684-01 and 06-2767-01 denying...
Promulgated on 2005-01-31

67. CA GR CV 70462: TAN PIAK HA vs. REPUBLIC OF THE PHILS.
On September 21, 1999, petitioner-appellee Tan Piak Ha, a Chinese subject, filed before the Regional Trial Court of Batangas City, a petition for naturalization docketed as Special Proceeding No. 5416 (Record, pp. 1-4)....
Promulgated on 2005-01-31

68. CA GR SP 83174: Valley Golf and Country Club vs. Inphase Construction
In the instant Petition under Rule 43 of the Rules of Court, petitioner Valley Golf and Country Club, Inc., assails the 16 March 2004 Decision of the Construction Industry Arbitration Commission (CIAC) in CIAC Case No. 26-2003, whereby it ordered petitio...
Promulgated on 2005-01-31

69. CA GR CV 81444: Baltazar D. Ong vs. Heirs of Edgar Arceo
For failure of the defendants-appellants to file brief within the extended period which expired on November 6, 2004, the appeal is deemed ABANDONED and DISMISSED pursuant to Sec. 1(e), Rule 50 of the 1997 Rules of Civil Procedure....
Promulgated on 2005-01-31

70. CA GR CV 75836: Teodora Bintad (deceased), et al. vs. Celso Ocdinaria, et al.
Per JRD Report, dated 18 January 2005 (Rollo, p. 118, back page), no Brief was filed by Atty. Allan Zamora for defendant-appellant Epifania Castilla. The reply of defendant-appellant Celso Ocdinaria, on the other hand, was filed only on December 10, 2003...
Promulgated on 2005-01-31

71. CA GR CV 69666: SPS. JUAN S. & NATIVIDAD M. REYES vs. JOSE LARA?O
Before Us on appeal is the decision of the Regional Trial Court, Branch 27 of Sta. Cruz, Laguna in Civil Case No. SC-3011 for recovery of possession of property with damages filed by plaintiff-spouses Juan S. Reyes and Natividad M. Reyes against Jose Lara...
Promulgated on 2005-01-31

72. CA GR CV 83914: DOMINADOR SISCAR vs. ANGEL FAJUTAGANA
The last day to file appellant's brief was on September 13, 2004. On December 06, 2004 plaintiff-appellee filed a motion to dismiss for non-filing of the appellant's brief. Indeed, as of this date no appellant's brief has as yet been filed....
Promulgated on 2005-01-31

73. CA GR SP 71795: Sps. Rodrigo & Mercy Sape vs. Sps. Marcos & Gavina Molato
Before us is a petition for review under Rule 42 of the 1997 Rules of Civil Procedure which seeks to annul and set aside the Decision dated February 20, 2002 of the Regional Trial Court of Antipolo City, Branch 71...
Promulgated on 2005-01-31

74. CA GR CR 28607: PEOPLE VS. AUREA S. SY
For failure of accused-appellant to file a brief within the reglementary period, the appeal is considered abandoned and is accordingly DISMISSED pursuant to the rules....
Promulgated on 2005-01-31

75. CA GR CR 28673: PEOPLE VS. CARMELITO E. LIBAY
For failure of accused-appellant to file a brief within the reglementary period, the appeal is considered abandoned and is accordingly DISMISSED pursuant to the rules....
Promulgated on 2005-01-31

76. CA GR SP 85644: Nena Sta. Cruz vs. Gamaliel Flores et al
Before Us is a petition for review under Rule 42 of the Rules of Court, with petitioner seeking the reversal of the Decision,1 dated 05 July 2004, rendered by Hon. Judge Antonio M. Esteves of the Regional Trial Court of Baguio City, Branch 5, affirming wi...
Promulgated on 2005-01-31

77. CA GR SP 77392: SRJ, Inc. vs. Hon. Presiding Judge of Br. 9, RTC-Malolos, et al.
Petitioner in this case seeks succor from this Court for what it perceives to be grave abuse of discretion on the part of the lower court in denying its motion to dismiss based on prescription....
Promulgated on 2005-01-31

78. CA GR SP 83309: JOSE SERWELAS, SR. VS. LUCIA P. PURUGGANAN, ET. AL.
Is a petition for certiorari under Rule 65 the proper remedy in case a motion to quash and/or dismiss is denied by the trial court?...
Promulgated on 2005-01-31

79. CA GR CV 78725: Lilia Chan vs, Metropolitan Bank
This is an appeal from the Decision of the Regional Trial Court of Manila in a case for Accounting filed by the appellant Lilia Chan (or hereafter Chan) against the appellee Metropolitan Bank and Trust Company (or Metrobank)....
Promulgated on 2005-01-31

80. CA GR SP 83706: Sta. Lucia Realty & Dev., Inc. vs. Hon. Vicente A. Hidalgo, et al.
Finding no new matter of substance that would warrant the modification much less the reversal of the October 25, 2004 Decision of this Court, the Motion for Partial Reconsideration filed by private respondents is hereby DENIED for lack of merit....
Promulgated on 2005-01-31

81. CA GR SP 79969: Solid Dev. Corp., vs. Department of Agrarian Reform., et al
The threshold issue in this petition for certiorari is, whether or not the Department of Agrarian Reform adjudication Board (DARAB) has jurisdiction over cases of cancellation of title of land registered under the Torrens system....
Promulgated on 2005-01-31

82. CA GR CV 78312: Equity Machineries vs. Macario Marcos, et al
This is an appeal from the Decision dated October 30, 2002 rendered by the Regional Trial Court (RTC), Branch 24, Echague, Isabela in Civil Case No. Br. 24-520 for Foreclosure of Real Estate Mortgage, the dispositive portion of which reads:...
Promulgated on 2005-01-31

83. CA GR SP 84131: Dr. Reynaldo Sagum vs. Anicia Mangulabnan
Assailed in this petition for review under Rule 43 of the 1997 Rules of Civil Procedure are the following issuances of the Office of the Ombudsman for Luzon in OMB-ADM-1-01-0475-J:...
Promulgated on 2005-01-31

84. CA GR SP 85575: Dolmar Property Ventures, Inc., et al. vs. Hon. Fatima Gonzales Asdala, et al.
Before this Court is a Petition For Certiorari (With Application For The Issuance Of A Temporary Restraining Order And/Or Preliminary Injunction) under Rule 65 of the Rules of Court seeking to nullify and set aside the orders dated September 5, 2003 and...
Promulgated on 2005-01-31

85. CA GR SP 79881: Royal Eagle Bus Co., vs. NLRC, et al
Before us is a petition for certiorari questioning the following issuances of public respondent National Labor Relations Commission (NLRC): (a) decision dated August 26, 2002 setting aside the decision2 dated June 27, 2001 of Labor Arbiter Donato G. Quin...
Promulgated on 2005-01-31

86. CA GR SP 84280: New Rural Bank of San Leonardo vs. Hon. Raymundo Annang, et al
This petition for certiorari filed under Rule 65 of the 1997 Rules of Civil Procedure seeks to annul the following orders of Branch 86 of the Regional Trial Court (RTC) of Cabanatuan City, Branch 86 issued in Civil Case No. 4171:...
Promulgated on 2005-01-31

87. CA GR SP 85183: Primer Group of Companies, 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 June 24, 2003 and Resolution dated April 28, 2004 of the National Labor Relations Commission (herea...
Promulgated on 2005-01-31

88. CA GR SP 84269.: MYRNA B. ANGELES vs. NLRC, ET AL.
This is a petition under Rule 65 of the Revised Rules of Court seeking to review and annul: (a) the decision of Labor Arbiter Joselito Cruz Villarosa dated October 2, 2001 finding the termination of Annalyn M. Curias employment illegal and ordering Worl...
Promulgated on 2005-01-31

89. CA GR CV 70818: Sps. Natividad vs. Ted co & Katherine Lim Co
A contract of loan was evidenced by a promissory note which was secured by a document denominated as ?Deed of Absolute Sale with Right to Redeem Foreclosed Property? over a house and lot of the debtors, was entered into by the parties on June 23, 1995....
Promulgated on 2005-01-31

90. CA GR CV 76553: Arturo Perez, et al vs. Robert Ajero
PRINCIPALLY pressed upon Us for determination in this appeal is the propriety of the Decision1 of the Regional Trial Court dismissing an action for sum of money for non-joinder of parties....
Promulgated on 2005-01-31

91. CA GR CV 73444: Ma. Teresa Lazatin de Jesus vs. Salve de Jesus, et al
THIS is an appeal from a Decision in a petition for the probate of the will of Pete Roxas de Jesus initiated by petitioner-appellant Maria Teresa Lazatin de Jesus....
Promulgated on 2005-01-31

92. CA GR CV 77045: Eduardo Rayo vs. PNB
On appeal is the Order of the Regional Trial Court of Las Pinas City, dismissing the complaint in a suit for Recovery of Real Property filed by appellant Eduardo L. Rayo (or Rayo) against the appellee Philippine National Bank (or PNB)....
Promulgated on 2005-01-31

93. CA GR CR 26644: Renato Alzate vs. People
Petitioner is before us via this petition for review seeking to annul and set aside the Decision dated August 28, 2002 of Branch 12 of the Regional Trial Court (RTC) of Lipa City, in Criminal Case No, 2002-0198....
Promulgated on 2005-01-31

94. CA GR SP 83904: Armando de Guzman, et al. vs. NLRC 3rd Division, et al.
Before this Court is a Petition for Certiorari under Rule 65 of the Rules of Court assailing the Decision dated November 28, 2003 and the Resolution dated February 27, 2004 of the National Labor Relations Commission in NLRC NCR CA No. 033443-02 (RAB I 7-...
Promulgated on 2005-01-31

95. CA GR SP 79353: PHOENIX PUBLISHING HOUSE, INC. VS. THE HON. SIMEON DATUMANONG, ET. AL.
The court is confronted with this query: Is it grave abuse of discretion for the Department of Justice (DOJ) Secretary to order the withdrawal of the information filed against private respondents after their arraignment?...
Promulgated on 2005-01-31

96. CA GR CR 27493: People of the Philippines vs Renato Serrada
Before us is the appeal by the accused Renato Serrada (the appellant) from the decision (dated May 20, 2003) of Branch 27, Regional Trial Court (Bayombong, Nueva Vizcaya) convicting him of the crime of Homicide under the following Information....
Promulgated on 2005-01-31

97. CA GR CV 79181: ABS-CBN Broadcasting vs. STAR FLASH LEXUS
This is an appeal from the Decision of the Regional Trial Court stationed in Quezon City in a suit for Specific Performance and/or Damages filed by the appellee ABS-CBN Broadcasting Corporation (or hereafter ABS-CBN) against the appellant Star Flash Lexus...
Promulgated on 2005-01-31

98. CA GR CV 78470: ENRICEL NICODEMUS et al vs, Republic
The appellee Enricel Nicodemus (or hereafter Enricel) in behalf of her minor children Roland Joshua Manalastas (or Roland Joshua) and Roland Jezrah Manalastas (or Roland Jezrah) filed before the Regional Trial Court stationed in Cavite City, a verified p...
Promulgated on 2005-01-31

99. CA GR SP 83316: Commercial Auto Sales v. Wilson Ching
In this petition for review under Rule 42 of the 1997 Rules of Civil Procedure, the petitioner assails the decision dated December 5, 2003 of the Regional Trial Court (RTC) of Pasay City, Branch 114 and the resolution2 dated March 12, 2004 of the said cou...
Promulgated on 2005-01-31

100. CA GR SP 84794: Beneficiaries of the Late Second Officer Anthony S. Allas vs. NLRC, et al.
An original action for certiorari directed against the twin resolutions of public respondent NLRC dated December 30, 2003 and April 19, 2004 which affirmed, in effect, the previous order of the Labor Arbiter dismissing the petitioners? claim for death...
Promulgated on 2005-01-31

101. CA GR CR 27012: People v. Benjamin Lingat, Jr
The people s constitutional right to travel is inviolable. Accordingly, the government has the duty to issue a passport or any travel document to any citizen of the Philippines....
Promulgated on 2005-01-31

102. CA GR CV 77047: Banco Filipino Savings, vs. Sps. Rogelio & TEresita Saraza
Challenged in this appeal is the Decision in a Petition for the Issuance of Writ of Possession filed by the appellee Banco Filipino Savings and Mortgage Bank (hereafter Banco Filipino for brevity) against the appellant spouses Rogelio and Teresita Saraza...
Promulgated on 2005-01-31

103. CA GR SP 75065: Sps. Ballad vs. Hon. RTC-Br. 5, Tuguegarao City, et al.
Before us is a petition for review of the Decision of the Regional Trial Court, Branch 5, Tuguegarao City, Cagayan, which affirmed the Decision of the Municipal Trial Court in Cities, Branch 2, Tuguegarao City, Cagayan....
Promulgated on 2005-01-31

104. CA GR CV 70436: Sps. Mario Paris & Helen Malundas vs. Florentino Ladiana, et al.
On Appeal is the decision dated 7 February 2001 of Branch 54 of the Regional Trial Court of Lucena City in Civil Case No. 94-27...
Promulgated on 2005-01-31

105. CA GR SP 83105: Daniele Interiors vs. Caleb Ang, et al
In a Minute Resolution dated September 27, 2004, petitioner was given a non-extendible period of three (3) days from notice within which to cure the defect in the Verification and Certification on Non-Forum Shopping signed by Philip L. Go, for failure to...
Promulgated on 2005-01-31

106. CA GR CR 13445: People vs. Hilarion M. Henares, Jr.
This is an Appeal from the Judgment dated 28 April 1992 of the Regional Trial Court of Quezon City, Branch 79, finding accused-appellant Hilarion M. Henares, Jr. guilty of the crime of libel and holding him liable for damages for writing and publishing a...
Promulgated on 2005-01-31

107. CA GR CV 61912: Temoteo Ferdinand Blasco, et al. vs. Rodolfo Villeno
This is an appeal seeking the reversal of the Decision dated February 6, 1998 of the Regional Trial Court of Pili, Camarines Sur, Branch 32, in Civil Case No. P-2086, for sum of money with damages,...
Promulgated on 2005-01-31

108. CA GR CR 25294: People vs. Frank Ablanida
This is an appeal from the Decision, dated March 21, 2001, of the Regional Trial Court, Branch 162, Pasig City, in Criminal Case Nos. 6900-D and 6901-D, finding Frank Ablanida guilty beyond reasonable doubt of unlawfully selling and possessing shabu, in v...
Promulgated on 2005-01-31

109. CA GR SP 79602: JOPMAN CORP. vs. NLRC, ET AL.
The Motion for Reconsideration filed by the POEA is granted and our Resolution promulgated on January 3, 2005 citing the director of the POEA in contempt is reconsidered and set aside. Considering that the whereabout of the respondent Ma. Corazon Imelda...
Promulgated on 2005-01-31

110. CA GR CV 60072: Priscilla Cruz vs. Federico Cruz, Jr., et al.
Before Us is an appeal from (1) the Decision dated June 13, 1997 of the Regional Trial Court of Malabon, Metro Manila, Branch 72 which (a) allowed the probate of the last will and testament of the late Dr. Federico S. Cruz in SP Proc. No. 352-MN, (b) dism...
Promulgated on 2005-01-31

111. CA GR SP 86415: Jaka Tagaytay Holdings vs. Maureen Ann Ferrer, et al
For resolution is the Joint Motion to Dismiss filed and signed by counsel for the contending parties stating that they have amicably settled all their claims, counterclaims and causes of action against each other to their mutual satisfaction....
Promulgated on 2005-01-31

112. CA GR CV 79166: Tirreno, Inc. vs Fort Bonifacio Dev't Authority
We have assiduously perused the arguments raised in defendant-appellee's Motion for Reconsideration and those contained in plaintiff-appellant's Opposition/Comment thereto, and find the Motion for Reconsideration offering no justification to compel a mod...
Promulgated on 2005-01-31

113. CA GR CV 72271: AYALA CORPORATION vs. POWER AND DEVELOPMENT EQUIPMENT CORPORATION, et al.
Challenged in this appeal is the Decision of the Regional Trial Court of Makati City, Branch 145, in Civil Case No. 89-5600, entitled "Ayala Corporation vs. Power and Development Equipment Corporation, Development Academy of the Philippines and Produce...
Promulgated on 2005-01-31

114. CA GR SP 83644: Manuel Rodriguez et al vs. The Tower Corporation
In this Petition for Review under Rule 42 of the 1997 Rules of Civil Procedure, petitioners seek a review and reversal of the Decision of the Regional Trial Court (RTC), Br. 89, Bacoor, Cavite and for the reinstatement of the Decision of the Municipal Tr...
Promulgated on 2005-01-31

115. CA GR CV 68060: Sps. Ricardo & Trifuna Alviedo vs. BPI Family Bank, et al.
On appeal by the State, through the Office of the Solicitor General (OSG), is the Decision dated February 27, 1998 of the Metropolitan Trial Court (MTC) of Pasig City, in a land registration case...
Promulgated on 2005-01-31

116. CA GR SP 86851: Virgilio Mercado vs. Hon. Marino dela Cruz, et al
This petition for certiorari filed under Rule 65 of the revised Rules of Civil Procedure seeks to annul and set-aside the Order, dated April 30, 2004, issued by respondent Judge Marino Dela Cruz, Jr., directing the issuance of a writ of execution in Civil...
Promulgated on 2005-01-31

117. CA GR SP 78079: Tanglao vs. Corazon Parungao, et al
Before this Court is a petition for review (erroneously referred to as Appeal) under Rule 43 of the 1997 Rules of Civil Procedure assailing the Decision dated 12 March 2003 of the Office of the President in O.P. Case No. 02-C-099, which affirmed the De...
Promulgated on 2005-01-31

118. CA GR SP 79825: City of Makati vs. Municipality of Taguig, et al
Before Us is a petition for certiorari filed under Rule 65 of the revised Rules of Civil Procedure seeking to annul and set-aside the following Orders of the Regional Trial of Pasig City, Branch 153, to wit:...
Promulgated on 2005-01-31

119. CA GR SP 62211: Maximo Bonifacio et.al., vs RTC Br-122 Kaloocan City et.al.,
Before this Court is a Petition for Review on Certiorari under Rule 45 of the Revised Rules of Court filed by petitioners Maximo Bonifacio, Ceferino R. Bonifacio, Apolonio B. Tan, Benita B. Caina,Crispina B. Pascual, Rosalia B. De Gracia, Teresita S. Doro...
Promulgated on 2005-01-31

120. CA GR SP 88299: Ocean Gateway Maritime vs. NLRC, et al
The present petition for certiorari filed under Rule 65, 1997 Rules of Civil Procedure is defective on its face for the following reasons:...
Promulgated on 2005-01-31

121. CA GR SP 57715: Edberth Roan vs National Labor Relation Commission and Coca-Cola Bottlers Phils. Inc.
For consideration before this Court is a petition for certiorari under Rule 65 of the Rules of Court seeking to reverse and set aside the following: a) the Resolution dated June 30, 1999 issued by the National Labor Relations Commission (hereinafter publi...
Promulgated on 2005-01-31

122. CA GR CV 69294: Norma Tulay Vda de Domingues vs BPI
Appellant's Motion For Extension Of Thirty (30) days to file Reply Brief until January 13, 2005, is GRANTED. However, the almost similarly worded Second Motion For Extension Of Thirty (30) days or up to February 12, 2005, is DENIED. Correspondingly, let...
Promulgated on 2005-01-31

123. CA GR SP 88250: Elenita Enoria vs. Employees Compensation Commission
Before this Court is a Petition for review dated 19 January 2005 under Rule 43 of the 1997 Rules of Civil Procedure....
Promulgated on 2005-01-31

124. CA GR SP 87847: Monaliza Placement Agency vs. NLRC, et al.
The instant Petition for Certiorari (with prayer for the issuance of a writ of preliminary injunction and/or temporary restraining order) [dated 10 December 2004] is outrightly DISMISSED on the bases of at least four (4) grounds:...
Promulgated on 2005-01-31

125. CA GR SP 87507: Thelma A. Jader vs. Sps. Antonio & Juanita Abad
In the instant Ex-parte motion to withdraw petition (dated 22 December 2004), petitioner alleged: 1. On December 15, 2004, the case at bar was filed by the petitioner;...
Promulgated on 2005-01-31

126. CA GR SP 64716: William C. Lim, et al vs. Hon. Hernando Perez, et al
This Petition for Certiorari, Prohibition and Mandamus with prayer for Temporary Restraining Order and Injunction filed under Rule 65 of the revised Rules of Civil Procedure seeks to set aside and reverse 1) the Resolution, dated September 22, 2000, re...
Promulgated on 2005-01-31

127. CA GR CV 81015: Elisan Credit Corp. vs. Armi S. Abel
The instant Appeal is DISMISSED for failure of defendant-appellant to file the required brief despite notice, on authority of Section 1 (e), Rule 50 of the Revised Rules of Court....
Promulgated on 2005-01-31

128. CA GR CR 24291: T.C. Builders vs. Bengson Juan, et al
Before Us is a Petition for Review under Rule 42 of the revised Rules of Civil Procedure, assailing the Decision, dated May 15, 2000, of the Regional Trial Court, Branch 164, Pasig City, in Criminal Case No. 116700, which modified the Order, dated Februar...
Promulgated on 2005-01-31

129. CA GR CV 79986: Hrs. of Sps. Francisco Eulalia, etc. vs Guillermo Endrina
Considering the report of the Judicial Records Division, the instant appeal is ordered DISMISSED pursuant to Sec. 1 (e), Rule 50 of the Rules of Civil Procedure, for failure of the defendant-appellant to file brief....
Promulgated on 2005-01-31

130. CA GR SP 70397: Gloria Perfecto vs. Tomas Larce
In this Petition for Review, petitioner assails the Decision [Rollo, p. 38], dated November 20, 2001, rendered by Branch 53 of the Regional Trial Court of Sorsogon, Sorsogon, which reversed and set aside the Decision [Rollo, p. 21], dated July 12, 2001, r...
Promulgated on 2005-01-31

131. CA GR CV 61977: Alvin C. Martinez vs. Ethel T. Lindogan; R.P.
On appeal is the Decision1 issued by Branch 7 of the Regional Trial Court of Bulacan, in Civil Case No. 622-M-97, on September 17, 1998, which declared the marriage between petitioner-appellee Alvin C. Martinez (hereinafter referred to as appellee) and re...
Promulgated on 2005-01-31

132. CA GR SP 83252: LBP vs Pedro Cruzado
We have assiduously perused the arguments raised in petitioner's Motion for Reconsideration dated September 27, 2004, and those contained in respondent's Opposition thereto, and found the Motion offering no compelling reason to modify or reverse the deci...
Promulgated on 2005-01-31

133. CA GR SP 76041: Eusebio Guadana, et al vs. NLRC, et al
Before Us is a Petition for Certiorari, assailing the Decision [Rollo, p. 38], dated November 29, 2002, rendered by the Third Division of the National Labor Relations Commission, the dispositive portion of which reads:...
Promulgated on 2005-01-31

134. CA GR CV 62610: Alejandro B. Ty, et al. vs. Queen's Row Subd. Inc., et al.
This is an appeal from the Joint Decision dated November 18, 1997 of the Regional Trial Court of Imus, Cavite, Branch 20, in SP. Civil Cases Nos. BSC 94-2 and BSC 94-3, entitled : IN THE MATTER OF THE PETITION FOR DECLARATORY RELIEF TO QUIET TITLE/REMOVE...
Promulgated on 2005-01-31

135. CA GR SP 78773: Valentin Bodo vs. Civil Service Commission-NjCR, et al.
The case before Us is a Petition for Review filed pursuant to Section 1, Rule 43 of the 1997 Rules of Court assailing the June 3, 2003 Order (Rollo, pp. 25-30) of the Civil Service Commission which dismissed petitioner's appeal and the July 28, 2003 Orde...
Promulgated on 2005-01-31

136. CA GR CV 69934: Hernita Menez Andres, et al vs. Jose Gepuela
Before the Court are the respective appeals of both parties from the Decision dated May 25, 1999 of Branch 67, Regional Trial Court, Pasig City in Civil Case No. 65327 (for Declaration of Nullity of Redemption, Cancellation of Notation in Title, and Consi...
Promulgated on 2005-01-31

137. CA GR SP 74202: EADRIEX PHARMA INC. AND MEL NAVARRO vs NLRC, et al.
This is a petition for Certiorari under Rule 65 of the Rules of Court with prayer for the issuance of a Temporary Restraining Order assailing the Resolution of respondent National Labor Relations Commission (NLRC), Second Division, dated September 27,...
Promulgated on 2005-01-31

138. CA GR SP 65211: The Commissioner of Internal Revenue vs. United International Pictures, AB
A petition for review of the Decision of the Court of Tax Appeals in CTA Case No. 6027, entitled: "United International Pictures AB, Petitioner, - versus - Commissioner of Internal Revenue, Respondent", which was a petition seeking the refund or the i...
Promulgated on 2005-01-31

139. CA GR SP 79847: Rosendo J. Ingal vs. NLRC, et al.
In this Petition for Certiorari under Rule 65 of the 1997 Rules of Civil Procedure, petitioner Rosendo Ingal seeks to reverse and set aside the Resolution of the National Labor Relations Commission (NLRC) dated 12 March 2003 affirming the Decision of the...
Promulgated on 2005-01-31

140. CA GR SP 72763: ECO-FORMWORK SYSTEM PHILIPPINES, INC. AND ALMEDA A. BANAGA vs NLRC, el at.
This is a Petition for Certiorari under Rule 65 of the 1997 Rules of Civil Procedure which seeks to annul the following resolutions of the public respondent National Labor Relations Commission (NLRC, for brevity):...
Promulgated on 2005-01-31

141. CA GR SP 76389: DANILO B. BONO, JR. vs COMMISSIONERS TITO E. GENILO, et al.
This is a Petition for Certiorari under Rule 65 of the 1997 Rules of Civil Procedure which seeks to annul the following resolutions of the public respondent National Labor Relations Commission (NLRC, for brevity):...
Promulgated on 2005-01-31

142. CA GR CR 00109: People of the Phils. vs. Amador Pizarro y Daniel
Before us for automatic review is the Decision dated January 27, 2000, of the Regional Trial Court of Manila, Branch 53, in Criminal Case No. 97-155501, finding accused-appellant Amador Pizarro y Daniel guilty beyond reasonable doubt of murder and se...
Promulgated on 2005-01-31

143. CA GR SP 58615: Edgardo Valencia, Sr., et al vs. FTI
This is a Petition for Review assailing the Decision [Rollo, pp.42-45] of the Regional Trial Court [Br.159, Pasig City], dated April 10, 2000, in SCA Nos. 1835 and 1836 and the Joint Decision [Rollo, pp. 35-41], dated August 17, 1999, rendered by the Metr...
Promulgated on 2005-01-31

144. CA GR CV 61024: Glecy Basilan, et al. vs. Union Bank of the Phils.
Before the Regional Trial Court of Makati City (Branch 65) was an action for sum of money and damages filed by Glecy Basilan (or Glecy) and her brother Rodolfo Basilan (or Rodolfo) against Union Bank of the Philippines (or appellee)....
Promulgated on 2005-01-31

145. CA GR SP 76694: RAMON A. PELAYO, JR. vs. MARIE VILMA ITAO
Denial of a motion to dismiss a complaint is an interlocutory order and, hence, cannot be appealed or questioned via a special civil action of certiorari until a final judgment on the merits of the case is rendered....
Promulgated on 2005-01-31

146. CA GR SP 77957: Land Bank of the Phils. vs. Hon. Vladimir B. Brusola, et al.
On May 31, 2002, the Land Bank of the Philippines (or Land Bank) and the City Government of Legazpi (or City), represented by its mayor, Noel E. Rosal (or Mayor Rosal), who was so authorized per Resolution No. 0053-2002 of the Sangguniang Panglungsod of...
Promulgated on 2005-01-31

147. CA GR SP 79675: Comm. of Internal Revenue vs FMF Dev't. Corp.
The Solicitor General for the Commissioner of Internal Revenue (CIR), by this Petition for Review, assails the Court of Tax Appeals' Decision and Resolution in CTA Case No. 6153 canceling the deficiency income and withholding taxes for the taxable year...
Promulgated on 2005-01-31

148. CA GR SP 79037: L.M. Camus Engineering Corp. vs. NLRC. et al.
The petitioner L.M. Camus Engineering Corporation (L.M. Camus for brevity), via this petition for certiorari under Rule 65 of the Rules of Court, assails the Decision of the Labor Arbiter dated 28 February 2002, the Resolutions of the public respondent Na...
Promulgated on 2005-01-31

149. CA GR SP 64577: REMINGTON INDUSTRIAL SALES CORP. VS. NLRC, ET AL.
Petitioner Remington Industrial Sales Corporation ("Remington" or "company," for brevity), through these consolidated petitions for certiorari under Rule 65 of the 1997 Rules of Civil Procedure, as amended, assails the following decisions/resolutions of...
Promulgated on 2005-01-31

150. CA GR CV 66431: HEIRS OF APOLONIO LEYVA, et al. vs REPUBLIC OF THE PHILIPPINES
This is an appeal1 filed by oppositor-appellant Republic of the Philippines, herein represented by the Office of the Solicitor General, seeking the reversal and setting aside of the Order dated 12 October 1999 of the Regional Trial Court of Antipolo C...
Promulgated on 2005-01-31

151. CA GR CV 70578: Tubao Credit Cooperative, Inc. vs. Far East Bank & Trust Co., et al.
On appeal by respondent Allied Banking Corporation (ALLIED for brevity) is the Decision dated May 24,1996 of the Regional Trial Court of Agoo, La Union in a petition for Declaratory Relief...
Promulgated on 2005-01-31

152. CA GR SP 86632: Erlinda S. Dayos vs. Office of the Ombudsman, et al.
This is a Petition for Review and Certiorari assailing, for having been issued with grave abuse of discretion, the Resolution of the Office of the Ombudsman in OMB-C-C-04-0204-E2, which absolved private respondents Sylvia Barrozo, Fina E. Lambino, Ludivin...
Promulgated on 2005-01-31

153. CA GR CR 00316: People vs. Jaime Ermita
Before the Court is an appeal from the Decision dated February 18, 20002 of Branch 50, Regional Trial Court, Villasis, Pangasinan finding accused-appellant Jaime Ermita y Palisoc guilty beyond reasonable doubt of the crime of rape committed against priva...
Promulgated on 2005-01-31

154. CA GR SP 77978: R Transport Corp., vs. Hon. Severino de Castro, et al
Petitioner having confirmed the allegations stated in herein private respondent s October 7, 2003 manifestation to the effect that the parties had executed a Compromise Agreement on August 5, 2003, such amicable settlement having been approved by herein...
Promulgated on 2005-01-31

155. CA GR SP 84918: Bistro Americano Corp., et al. vs. NLRC, et al.
On July 5, 2004, petitioners Bistro Americano Corporation and William Stelton filed the present Petition for Certiorari (Rollo, pp. 2-28) under Rule 65 of the 1997 Rules of Civil Procedure assailing the Resolution of public respondent NLRC (Rollo, pp. 35-...
Promulgated on 2005-01-31

156. CA GR SP 87542: Marissa D. Santos vs. Zenaida O. Santos
Before this Court is a Motion to Approve Compromise Agreement filed by petitioner Marissa D. Santos and respondent Zenaida O. Santos assisted by their respective counsels....
Promulgated on 2005-01-31

157. CA GR SP 56079: Mondragon Leisure, et al vs. Hon. Bernardita G. Erum, et al
Before Us is a Petition for Certiorari under Rule 65 of the 1997 Revised Rules of Civil Procedure filed by the petitioners seeking to annul and set aside the Order and the writ of execution, both dated December 1, 1999, issued by Judge Bernardita Gabitan...
Promulgated on 2005-01-31

158. CA GR CR 28207: Peolpe vs Roque Norman J. Pascual
Accused Roque Norman J. Pascual appeals from the decision1 of the Regional Trial Court, Branch 20, Manila, finding him guilty beyond reasonable doubt of bigamy and sentencing him the indeterminate penalty of six (6) years of prision correccional as minimu...
Promulgated on 2005-01-31

159. CA GR SP 84508: Antonio Mamucod vs. Hon. Oscar P. Barrientos, et al.
Ascribing grave abuse of discretion against the Regional Trial Court of Manila, Branch 26, petitioner prays for the reversal of the Orders dated 6 February 2004 and 3 May 2004, denying his prayer for the issuance of an injunctive relief...
Promulgated on 2005-01-31

160. CA GR SP 84414: Lucio Borja, et al vs. Bernabe Gozon, et al
Order denying a Motion to Dismiss is interlocutory and cannot be the subject of the extraordinary Petition for Certiorari or Mandamus (Far East Bank and Trust Co. vs. CA, 341 SCRA 485)....
Promulgated on 2005-01-31

161. CA GR SP 81254: Neltex Development vs. Mr. Nelson Sy, et al
In this petition for review under Rule 43 of the Rules of Court, petitioners seek to reverse and set aside the Decision of December 8, 2003 of public respondent Gerardo D. Rabanes, in his capacity as Voluntary Arbitrator of the National Conciliation and M...
Promulgated on 2005-01-31

162. CA GR SP 86633: Hanjin Heavy Industries & Construction Co., Ltd. vs. Dynamic Planners & Construction Co., Ltd.
Filed pursuant to Executive Order No. 1008 and Rule 43 of the 1997 Rules of Civil Procedure, at bench is a petition for review of the Final Award dated September 7, 20041 as well as the September 24, 2004 order2 issued by the Construction Industry Arbi...
Promulgated on 2005-01-28

163. CA GR SP 82261: SEVERINA NOVERA vs JUNIOR NOVERA
This is a petition for review seeking to annul and set aside the Decision dated November 28, 2003 of the Regional Trial Court of Kalookan City, Branch 121 in Civil Case No. C-20622,...
Promulgated on 2005-01-28

164. CA GR SP 78900: Summa Kumagai vs. Steel Center Philippines
The Court issued a Resolution dated October 14, 2004 directing the petitioner to file within five (5) days from notice, comment on the Manifestation of the respondent stating that the petitioner has fully paid its obligation to the respondent, otherwise t...
Promulgated on 2005-01-28

165. CA GR SP 87526: Rosario Monasterial vs. Elena de Ocampo, et al
This is a petition for certiorari to set aside the Decision dated January 22, 2003 of Branch 71, RTC, Antipolo City rendered in the exercise of its appellate jurisdiction....
Promulgated on 2005-01-28

166. CA GR CR 27737: People vs. Francisco Galman Cruz, et al
This a petition for review under Rule 42 of the 1997 Rules of Civil Procedure, as amended, seeking to set aside the (i) the Decision dated June 23, 2003, which reversed the Order of the Metropolitan Trial Court (hereafter MeTC) dated October 2, 2002, rend...
Promulgated on 2005-01-28

167. CA GR SP 79720: Willy Kiok, et al vs. Hon. Amor Reyes, et al
This is a Petition for Certiorari under Rule 65 of the 1997 Rules of Civil Procedure, as amended, seeking to annul and set aside the Orders dated a) July 23, 2003, denying Messrs. Jess Kiok and Willy Kiok s (hereafter petitioners) Motion to Stay Execution...
Promulgated on 2005-01-28

168. CA GR SP 82919: Ofelia Abarra v. Bonifacio Amado
This is a petition for review under Rule 42 of the 1997 Rules of Civil Procedure assailing the January 28, 2004 decision of the Regional Trial Court (RTC), Branch 206 of Muntinlupa City, which affirmed the decision of the Metropolitan Trial Court (MeTC)...
Promulgated on 2005-01-28

169. CA GR SP 82747: Alvin Causing v. Manuel Quiambao, et al
Upon motion of the petitioner, for the reasons stated therein which we find to be well taken, this petition is hereby declared WITHDRAWN and accordingly DISMISSED....
Promulgated on 2005-01-28

170. CA GR SP 84075: Security Bank Corp. vs. NLRC, et al.
Assailed in this special civil action for certiorari are the Decision, dated January 30, 2004 and Resolution, promulgated on March 31, 2004, of the National Labor Relations Commission, (NLRC) Third Division, rendered in NLRC NCR CA No. 005285-95 (NLRC N...
Promulgated on 2005-01-28

171. CA GR SP 87277: Concepcion Cayco vs. Hon. Benjamin Antonio, et al
In this Petition for Certiorari under Rule 65 of the Revised Rules of Court, petitioner CONCEPCION I. CAYCO assails the Orders dated October 1, 2004 and October 25, 2004 rendered by public respondent Judge BENJAMIN T. ANTONIO of the Regional Trial Court o...
Promulgated on 2005-01-28

172. CA GR SP 84290: Ana Paredes, vs. NLRC, et al
In this Petition for Certiorari under Rule 65 of the Revised Rules of Court, petitioner ANA S. PAREDES assails the Resolutions dated November 28, 2003 and February 27, 2004 rendered by the third division of public respondent NATIONAL LABOR RELATIONS COMMI...
Promulgated on 2005-01-28

173. CA GR SP 86027: Prem N. Chandiramani, et al. vs. Hon. Ma. Luisa Quijano-Padilla, 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 of the Regional Trial Court of Quezon City, Branch 215 in Civil Case No. Q-01-44033:...
Promulgated on 2005-01-28

174. CA GR SP 56265: PADI'S POINT BAR AND RESTAURANT AND VICENTE PADILLA vs NLRC and DICKSON BANARES
This is a petition for Certiorari under Rule 65 of the Revised Rules of Court filed on 16 December 1999 by PADI'S Point Bar and Restaurant and Vicente Padilla, (hereinafter referred to as "petitioners") against the National Labor Relations Commission...
Promulgated on 2005-01-28

175. CA GR CV 70134: MAXIMO GALAMAY, ET AL. vs. SPS. JUAN & EMMA GALAMAY, ET AL.
This is a controversy between cousins involving parcels of land designated as Lots No. 3681, 3772, 3042 of Cad. Lot 272 containing an area of 16.7233 hectares situated at Alannay, Lasam, Cagayan. The antecedents are as follows: In 1914, Andres Galamay, a...
Promulgated on 2005-01-28

176. CA GR CV 68589: SPS. CHI YUEN & TERESITA WONG vs. URBAN BANK
Before Us on appeal is the decision of the Regional Trial Court of Makati City, Branch 62 in Civil Case No. 95-600 for damages filed by plaintiff-spouses Chi Yuen Wong and Teresita Wong against defendant Urban Bank for having dishonored a manager's check...
Promulgated on 2005-01-28

177. CA GR CR 25026: LOURDES VICTORIA MALICDEM vs. People et al
On appeal before Us is the Decision, dated 04 September 2000, rendered by public respondent Hon. Judge Wilfredo T. Nieves of the Regional Trial Court of Malolos, Bulacan, Branch 84, affirming the Decision, dated 29 July 1999, rendered by Hon. Judge Edward...
Promulgated on 2005-01-28

178. CA GR SP 71694: Ceferina Pablo, et al vs. Hon. Marivic Umali, et al
In a notarized contract of lease, Manotok Realty Inc., the respondent, leased to petitioners Benito Lao, Milan Ragmac, Angela Cabrera and Ceferina Pablo a residential lot with an area of 250 square meters at Manuguit, Tondo Manila for a period of one year...
Promulgated on 2005-01-28

179. CA GR CR 27896: The People v. Nerissa Juliano y Ruiz
This is an appeal assailing the decision of the Regional Trial Court of Malolos, Bulacan, Branch 78, in Criminal Case No. 1750-M-2001....
Promulgated on 2005-01-28

180. CA GR SP 78046: GOLD CREST APPAREL, et al vs NLRC, et al
This is a petition for certiorari seeking the nullity of the Resolution dated January 31, 2003, as well as the Resolution dated May 30 2003, both issued by the National Labor Relations Commission (NLRC) partially affirming the Labor Arbiter's finding o...
Promulgated on 2005-01-28

181. CA GR SP 82458: The Heirs of Filomeno Remocal vs. Melencio Bautista, et al.
Before Us is a Petition for Certiorari and Mandamus with prayer for restraining order and issuance of writ of preliminary injunction assailing the Orders1 dated November 11, 2003 and February 6, 2004 of the Regional Trial Court (RTC) of Baler, Aurora, Br...
Promulgated on 2005-01-28

182. CA GR CR 00140: People v. Perfecto Balitaan
This is an appeal from the consolidated decision2 of the Regional Trial Court of Pallocan, Batangas City, Branch 4, finding the accusedappellant guilty beyond reasonable doubt of the crime of rape, sentencing him to suffer the penalty of reclusion perpetu...
Promulgated on 2005-01-28

183. CA GR CR 00063: People vs. Johnny Calisaan
HC - Charged with Robbery With Rape in the Information filed on November 11, 1986 with the Regional Trial Court stationed in Alaminos, Pangasinan, were (1) Celzo Gatchalian, (2) Ruperto Gatchalian, (3) Dreming Calicdan, (4) Wilman Celzo, and (5) the appel...
Promulgated on 2005-01-28

184. CA GR CV 83052: Mendoza vs. Lydiabeth Cruz, et al
In view of the failure of the plaintiffs-appellants to file their brief within the reglementary period despite receipt of the Notice To File Brief, the instant appeal is hereby DISMISSED pursuant to Section 1 (e), Rule 50 of the 1997 Rules of Civil Proce...
Promulgated on 2005-01-28

185. CA GR CV 69935: Eleuterio Baragula, vs. Natividad Rivera, et al
Appellants assail the 08 August 2000 Decision of Branch 59, Regional Trial Court of Lucena City in Civil Case No. 93-74, ordering them to vacate the upper portion of the two-storey house situated in Lot 1412, Cad 340-D of the Lucban, Quezon Cadastre....
Promulgated on 2005-01-28

186. CA GR SP 78379: Juliet Arcita, et al. vs. China Banking Corp., et al.
The petitioners are seeking the annulment of the Order dated June 3, 2003 rendered by Branch 62, Regional Trial Court (RTC) of La Trinidad, Benguet in LRC Case No. 01-12,...
Promulgated on 2005-01-28

187. CA GR SP 88028: Alberto Quibote v. The Regional Trial Court, et al
Before us is a Petition for Certiorari filed by the petitioner, through his counsel, assailing the August 10, 2004 and November 12, 20042 orders of the Regional Trial Court of Dagupan City, Branch 44....
Promulgated on 2005-01-28

188. CA GR CR 27535: Jerry Tan vs. People et al
On appeal before Us is the Decision, dated 03 December 2001, rendered by public respondent Hon. Judge Francisco G. Mendiola of the Regional Trial Court of Pasay City, Branch 115, affirming the Decision, dated 08 September 2000, rendered by Hon. Judge Zena...
Promulgated on 2005-01-28

189. CA GR CR 26370: People vs. Simforoso Alberto
The matter before Us stems from appellant Simforoso Alberto s (hereafter appellant) Motion for Reconsideration and Supplemental Motion for Reconsideration which seek the reversal of Our Decision dated October 30, 2003 which affirmed the decision of the tr...
Promulgated on 2005-01-28

190. CA GR CR 28012: People vs. Alfredo Matanguihan
Before the Court is an appeal from the Decision dated September 23, 20032 of Branch 9, Regional Trial Court, Balayan, Batangas finding accused-appellant Alfredo Matanguihan Austria alias Rax guilty of the crime of violation of Presidential Decree ...
Promulgated on 2005-01-28

191. CA GR CV 80542: Richard T. Huang et.al., vs Seiyo Electronics Phils., Inc. et.al.,
This is an appeal from the Decision dated August 29, 2003, of the Regional Trial Court of Manila, Branch 26, in Civil Case No. 01-100242,entitled, Richard T. Huang and Kenneth T. Huang, plaintiffs, v. Seiyo Electronics Phils., Inc. and Shuichi Tanzawa,...
Promulgated on 2005-01-28

192. CA GR SP 83275: OFFICE DEPOT, INC. vs. OFFICE DEPOT CORPORATION
This is a petition for review under Rule 43 of the Rules of Court of the Decision dated March 11, 2004, of the Securities and Exchange Commission in SEC Case No. 05-99-6309, entitled "Office Depot, Inc. vs. Office Depot Corporation"....
Promulgated on 2005-01-28

193. CA GR SP 72227: Sps. Alma and Alex Abila vs. UCPB Savings Bank, et al
The petitioners are the defendants in a civil case filed by the respondent UCPB Savings Bank for a sum of money and replevin. The complaint1 alleges that the defendants purchased a motor vehicle from Metro Motors Sales under a promissory note and chattel...
Promulgated on 2005-01-28

194. CA GR SP 83932: DAVAO GM FOODS CORP. and DENNIS UY, vs. PESCADERO FOOD CORP.
This is a petition for review under Rule 42 of the Rules of Court seeking to set aside the monetary awards in the Decision dated March 31, 2004 of the Regional Trial Court of Quezon City, Branch 217 in Civil Case No. Q-03-50712, the dispositive portio...
Promulgated on 2005-01-28

195. CA GR SP 76935: Apo Production Unit, Inc. vs. Undersecretary Manuel G. Imson, et al.
Subject of this petition for certiorari under Rule 65 of the Rules of Court is the Resolution dated 10 April 2003 of public respondent acting Secretary of Labor and Employment Manuel G. Imson...
Promulgated on 2005-01-28

196. CA GR SP 84245: JOSE A. ATENCIO and DALIA B. ATENCIO vs. NOVRO DEVELOPMENT CORP., et al.
This is a petition for review of the Decision dated March 5, 2004 (Annex "A", Petition, pp. 24-25, Rollo) and Order dated April 30, 2004 (Annex "B", Petition, p. 26, Rollo) of the Office of the President in O.P. Case No. 03-I-584 (HLURB Case No. REMA- ...
Promulgated on 2005-01-28

197. CA GR CV 66782: Techno Dev. & Chemical Corp. vs. Daruma Corp.
This is an appeal from the Decision1 dated 1 December 1999 of the Regional Trial Court (RTC) of Pasig City, Branch 71, ordering appellant Daruma Corporation to pay appellee Techno Development and Chemical Corporation the sum of Two Hundred Seventy Three...
Promulgated on 2005-01-28

198. CA GR SP 75284: Elpidio B. Cariaga vs. NLRC, et al.
Through this Petition for Certiorari under Rule 65 of the 1997 Rules of Civil Procedure, petitioner Elpidio B. Cariaga seeks the reversal of the Resolution of public respondent National Labor Relations Commission (NLRC) dated 28 June 2002 which affirmed...
Promulgated on 2005-01-28

199. CA GR SP 75327: TESDA vs Hon. Mariano M. Singzon, et al.
May funds of the Technical Education and Skills Development Authority (TESDA), a government agency attached to the Department of Labor and Employment, be garnished on account of a Decision1 of the Trial Court holding it liable for Sum of Money and Damages...
Promulgated on 2005-01-28

200. CA GR CV 59546: Philippine Banking Corp., vs. Rufino Asi, et al
On March 30, 1998, a decision was rendered by Branch 141, Regional Trial Court, National Capital Judicial Region, Makati City, in Civil Case No. 92-2776, the dispositive portion of which reads as follows, to wit:...
Promulgated on 2005-01-28

201. CA GR SP 88208: Erlinda Tolentino vs. Ofc of the Ombudsman, Atty. Crizaldy Barcelo, DENR-NCR, et al.
The present Petition for Certiorari assails the: (i) Order of the Ombudsman dated May 14, 2004 in OMB-C-A-03-0552-L, an administrative disciplinary case1; and (ii) Resolution also dated May 14, 2004 in OMB-C-C-03-0719-L, a criminal case for violation...
Promulgated on 2005-01-28

202. CA GR CV 58681: Heirs of Jacinto Ignacio, et al vs. Republic
This is an appeal from the Order dated June 9, 1997 of the Fourth Municipal Circuit Trial Court (MCTC), Bagac, Morong, Bataan, Third Judicial Region in Cad. Case No. R-007-96 which granted the petition for reconstitution of Original Certificate of Title (...
Promulgated on 2005-01-28

203. CA GR CV 79797: FORTUNATO S. PEREZ vs. MAGDALENA SANTOS-CRUZ and FLORINDA SANTOS-RUBIO
At bar is an appeal from the Decision dated June 18, 2003 of Branch 9 of the Regional Trial Court of Malolos, Bulacan, in Civil Case No. 214-M-01, entitled "Fortunato S. Perez vs. Magdalena Santos-Cruz and Florinda Santos-Rubio", for Recovery of Posse...
Promulgated on 2005-01-28

204. CA GR CV 82156: ACCORD BANK vs D'Cars Station Inc. et.al.,
Philippine Military Academy (PMA) seeks to set aside the Decision dated September 23, 2003 (subsequently modified per Order of the court dated January 19, 2004) of the Regional Trial Court of Baguio City, Branch 3, for recovery of personal property with...
Promulgated on 2005-01-28

205. CA GR CR 00261: People vs. Rolando Israel
Appeal from the Joint Decision of the Regional Trial Court of Mandaluyong City, Branch 214, in Criminal Cases Nos. MC-99-1520-H, MC-99-1761-H and MC-00-2257-H, finding accused-appellant Rolando Israel guilty beyond reasonable doubt of three counts of qual...
Promulgated on 2005-01-28

206. CA GR SP 83421: Elizabeth Sy vs. Hon. Antonio Manzano, et al
This is a Petition for Certiorari under Rule 65 of the 1997 Rules of Civil Procedure, as amended, which seeks to set aside the Orders dated December 9, 2003 and March 16, 2004 issued by the Regional Trial Court of Calamba City, Branch 36 (hereafter RTC) i...
Promulgated on 2005-01-28

207. CA GR CV 66635: Sps. Fadullon, et al. vs. Cipriano Borja, et al.; R.P.
The Republic of the Philippines, through the Office of the Solicitor General, interposes this appeal from the Decision dated November 15, 1999 of Branch 26, Regional Trial Court, San Fernando, La Union which granted an application for registration of titl...
Promulgated on 2005-01-28

208. CA GR CR 00356: People of the Phils. vs. Roberto Dizon y Due
An appeal from a judgment of conviction in a case for statutory rape by carnal knowledge that was originally filed with the Supreme Court but subsequently transferred to this Court for appropriate action and disposition by the former's Resolution dat...
Promulgated on 2005-01-28

209. CA GR SP 83207: 096 MCDONALD?S FARMERS, vs. NLRC, ET AL
Impugned in this petition for certiorari (with prayer for preliminary injunction and/or temporary restraining order), as tainted with grave abuse of discretion, amounting to lack or excess of jurisdiction, are: (a) The Resolution dated October 23, 2003 of...
Promulgated on 2005-01-28

210. CA GR SP 78298: Commander Realty vs. Freddie Fernandez, et al
Before this court is a petition for review under Rule 43 of the 1997 Rules of Civil Procedure seeking the reversal of the following issuances of the Social Security Commission in SSC Case No. 2-14995-2000, entitled Freddie Fernandez, et al., versus Comman...
Promulgated on 2005-01-28

211. CA GR CR 00083: People vs. Elmer Ceredon y Pagaran
On Appeal is the decision1 dated 8 January 2002 of Branch 8 of the Regional Trial Court of Aparri, Cagayan convicting accusedappellant Elmer Ceredon y Pagaran guilty beyond reasonable doubt of ten (10) counts of Rape...
Promulgated on 2005-01-28

212. CA GR CR 25565: People vs. Rodelio Marcelino y Diego
Accused-appellant Rodelio Marcelino y Diego was charged before the Regional Trial Court, Branch 72, Malabon, Metro Manila with violation of Section 15, Article III of R.A. No. 6425, as amended by R.A. No. 7659,...
Promulgated on 2005-01-28

213. CA GR SP 72095: Vergilio Constantino, et al vs. Hon. Zenaida Daguna, et al
This petition for review under Rule 42 of the Rules of Court seeks to overturn the Decision rendered on July 10, 2002 by the Honorable Zenaida R. Daguna, Presiding Judge of the Regional Trial Court of Manila, Branch 19, in Civil Case No. 02-102836, which...
Promulgated on 2005-01-28

214. CA GR CR 24686: Atty. Pio Villaluz vs. People
Assailed in this petition for review is the decision1 dated November 8, 2000 of the Regional Trial Court of Daet, Camarines Norte, Branch 38, which affirmed the Joint Decision of the Municipal Trial Court of Paracale, Camarines Norte in Criminal Cases No...
Promulgated on 2005-01-27

215. CA GR CV 71568: Josmar Lao vs. Republic of the Philippines, et al
Before this Court is an ordinary appeal filed by oppositor-appellant, Republic of the Philippines, through the Office of the Solicitor General, assailing the Decision dated 26 June 2001 rendered by Hon. Natividad G. Dizon of the Regional Trial Court, Nati...
Promulgated on 2005-01-27

216. CA GR CR 27289: People vs. Joenimar Mejica y Baluyot
Challenged in this appeal is the 15 November 2002 Decision of the Regional Trial Court of Manila, Branch 35, finding accused-appellant Joenimar Mejica y Baluyot guilty beyond reasonable doubt of the charge against him....
Promulgated on 2005-01-27

217. CA GR CR 27402: People vs. Jose Carodan
Before this Court is an appeal filed by accused-appellant assailing the Judgment dated 03 April 2003 rendered by Hon. Judge Orlando D. Beltran of the Regional Trial Court, Second Judicial Region, Branch 11 of Tuao, Cagayan in the case entitled, People of...
Promulgated on 2005-01-27

218. CA GR SP 57856: Footprints JTA Express vs National Labor Relation Commission,ET AL.
Before this Court is a petition for certiorari with prayer for the issuance of a writ of preliminary injunction under Rule 65 of the Rules of Court, which seeks to annul and set aside the Resolution dated August 5, 1999 issued by the National Labor Rela...
Promulgated on 2005-01-27

219. CA GR SP 73741: JOSHUA E. CHUA vs HON. SECRETARY HERNANDO PEREZ, et al
Before Us is a Petition for Certiorari under Rule 65 of the 1997 Rules of Civil Procedure seeking to annul and set aside, on ground of grave abuse of discretion, the Resolution of the Department of Justice (DOJ) in I.S. No. 98-5153, promulgated on Marc...
Promulgated on 2005-01-27

220. CA GR CV 70833: PSB vs. Victorina Sta Isabel
Before this Court is an appeal from the Decision dated 13 June 2001 rendered by Hon. Judge Remigio E. Zari of the Regional Trial Court, National Capital Judicial Region, Branch 122, Kalookan in LRC Case No. 4238 entitled In Re: Petition for Issuance of Wr...
Promulgated on 2005-01-27

221. CA GR CV 60960: Marta Ramos, et al. vs. Carmelita Oandasan
On appeal by plaintiffs Marta, Isabel, Erlinda, Ester and Cecilla, all surnamed Ramos, is the Decision2 dated June 16, 1998 of the Regional Trial Court of Aparri, Cagayan, Branch 6, in an action for Redemption and/or Quieting of Title...
Promulgated on 2005-01-27

222. CA GR SP 77773: Phil. Crop Insurance Corp. vs. Hon. Elmo N. Alameda, et al.
Before the Regional Trial Court of Cagayan (Tuguegarao City, Branch 5) was an action for specific performance filed by Renato S. Allas, Lydia H. Almeron......
Promulgated on 2005-01-27

223. CA GR SP 76942: CREATIVE CREATURES, INC. vs THE SECRETARY OF LABOR AND EMPLOYMENT, VICTOR N. METEORO, ET AL.
After a careful perusal of the Motion for Reconsideration (Rollo, pp. 380-387) filed by private respondents from the Decision of this Court dated May 31, 2005 (Rollo, pp. 367-378), as well as the Comment (Rollo, pp. 408-414) filed by petitioner, the Co...
Promulgated on 2005-01-27

224. CA GR SP 29796: Rodolfo dela Cruz vs, Nestorio Matulac, et al
Movant petitioner is now before Us, asking that respondents be cited in contempt of court for failing to comply with the December 06, 1996 Decision of this Court. The decision directed the public respondent to cause a correction in the designation of t...
Promulgated on 2005-01-27

225. CA GR CV 78364: Nicasio and Marina Santos, vs. Roberto and Pacita Tuazon
On appeal is the Decision of the Regional Trial Court of Angeles City in the suit for Reconveyance of Title, Damages with Writ of Injunction and Preliminary Injunction filed by the appellees Nicasio and Marina Santos (or the Santos spouses unless individu...
Promulgated on 2005-01-27

226. CA GR SP 80804: Minas Transit Employees Union, et al vs. NLRCA, et al
Before this Court is a Petition for Certiorari under Rule 65 of the 1997 Rules of Civil Procedure assailing the Resolution dated 30 June 2003 issued by the Second Division of the National Labor Relations Commission (NLRC, for brevity) which affirmed th...
Promulgated on 2005-01-27

227. CA GR SP 86423: Chambers of Customs Brokers vs. Doris Estrella, et al
This is a petition for certiorari under Rule 65 seeking to annul and set aside the Resolution dated May 30, 2003 dismissing the petition for review from the prosecutor s dismissal of petitioner s criminal complaint for Theft/Estafa against the private res...
Promulgated on 2005-01-27

228. CA GR SP 87780: Department of Agrarian Reform vs. Virginia Perez, et al
Assailed in this petition for certiorari under Rule 65 is the Order dated March 30, 2004 denying the motion to dismiss the petition for valuation of private respondent s landholding for compulsory acquisition under Republic Act No. 6657, as well as the O...
Promulgated on 2005-01-27

229. CA GR CV 65473: La Fuerza, Inc. vs. Republic of the Philippines
The Republic of the Philippines, through its statutory counsel, the Office of the Solicitor General, appeals the Decision dated October 4, 1999 of the Regional Trial Court, Branch 43, Dagupan City which granted the application for land registration filed...
Promulgated on 2005-01-27

230. CA GR SP 76607: Yung International TRading Co., vs. Nelly Fabon
Assailed in the present Petition for Review is the Decision dated February 17, 20032 of Branch 72, Regional Trial Court, Olongapo City in Civil Case No. 305-0-2002 which reversed the Decision dated May 14, 20023 of Branch 2, Municipal Trial Court in Citi...
Promulgated on 2005-01-27

231. CA GR SP 75712: Angelina A. delos Reyes vs. GSIS
Before us is a Petition for Review under Rule 43 to set aside the Decision of the Employees? Compensation Commission in ECC Case No. GM-14227-702, denying petitioner?s claim for Total Permanent Disability Benefits under Presidential Decree 626....
Promulgated on 2005-01-27

232. CA GR CV 65623: Samuel Limos vs. Victory Liner, Inc.
Before us is an Appeal from the Decision of the Regional Trial Court of Cauayan, Isabela, Branch 20, in an action for Breach of Contract, docketed as Civil Case No. Br. 20-957, finding in favor of the plaintiff-appellee,...
Promulgated on 2005-01-27

233. CA GR CV 82851: Ligaya S. Bautista vs. Manila Electric Co., et al.
Before this Court is a Compromise Agreement executed by Ligaya Bautista (plaintiff-appellant) on one hand, and Manila Electric Company (defendant-appellee), on the other, which provides the following terms and conditions:...
Promulgated on 2005-01-27

234. CA GR CV 82315: Philippine Golf vs. Philippine Tourism Authority
On November 24, 2004, defendantappellant through counsel, filed a Manifestation and Motion (With Prayer for Withdrawal of Appeal) stating, inter alia, that the remedy of appeal would not be an adequate remedy to protect its interests and (t)he withdrawal...
Promulgated on 2005-01-27

235. CA GR CV 82967: Tomas Padernal vs. Philippine National Railways
The Notice to File Brief sent to Atty. Alfredo G. Castel, Jr., counsel for plaintiff-appellant, was received on October 13, 2004; whereas, copy of the same notice sent directly to plaintiffappellant was received also on October 13, 2004. The forty-five (...
Promulgated on 2005-01-27

236. CA GR CV 58494: ALEJANDRO M. BADENAS VS. SPS. HULAILI AND NAIMA BUHARI
This is an appeal brought by plaintiff-appellant relative to the Decision rendered by the RTC of Puerto Princesa City and Palawan, Branch 47, in Civil Case No. 2852...
Promulgated on 2005-01-27

237. CA GR SP 82929: MARLON S. J. ANGELES vs. HON. PATRICIA STO. TOMAS
This petition for certiorari seeks to annul, reverse and nullify the Order dated January 6, 2004 of the Department of Labor and Employment (DOLE) denying petitioner's motion for reconsideration. Petitioner claims that private respondents Christopher Acab...
Promulgated on 2005-01-27

238. CA GR SP 73763: Ley Goodmix Concrete Corp., vs. NLRC, et al
Joven Patena, the respondent, has filed against his employer, the petitioner Ley Goodmix Concrete Corporation, a labor case that saw light as a complaint for illegal suspension and developed into a case for illegal dismissal....
Promulgated on 2005-01-27

239. CA GR CR 27432: People vs. Mauro Salvador
Before us on appeal is the decision dated April 3, 2003 of the Regional Trial Court of Ilagan, Isabela, Branch 16, in Criminal Case No. 3522 finding accused-appellant Mauro Salvador (or appellant) guilty beyond reasonable doubt of the crime of homicide...
Promulgated on 2005-01-27

240. CA GR CV 83443: Trina Management Dev. Corp., v. H. & D. Management, et al
Upon motion of the plaintiff-appellant, for the reasons stated therein which appear to be well taken, it appearing that the parties have already amicably settled their differences, the appeal is declared withdrawn and accordingly DISMISSED....
Promulgated on 2005-01-27

241. CA GR CV 80352: Alvin G. Patolot vs. Rosario Santos Patolot; R.P.
For failure of petitioner-appellant to file his brief despite notice, the appeal is considered ABANDONED and is, accordingly, DISMISSED, pursuant to Section 1 (e), Rule 50 of the 1997 Rules of Civil Procedure....
Promulgated on 2005-01-27

242. CA GR CV 72231: BELEN GRIARTE-SANCHEZ vs MATTHEW B. SANCHEZ, et al
This is an appeal from the Decision of the Regional Trial Court, Branch 172, National Capital Judicial Region, Valenzuela City, declaring the marriage of Belen Griarte-Sanchez with Matthew B. Sanchez null and void....
Promulgated on 2005-01-27

243. CA GR SP 69485: PETRONILO CUSIPAG vs HON. JIMMY M.F. LUCZON, JR., et al
Before Us is a Petition for Certiorari in accordance with Rule 65 of the 1997 Rules of Civil Procedure, seeking to annul and set aside, on ground of grave abuse of discretion amounting to lack or excess of jurisdiction,...
Promulgated on 2005-01-27

244. CA GR SP 84221: Leoncia Endozo-Petate, et al. vs. DARAB, et al.
Before this Court is a Petition for Review of the decision dated December 1, 2003 of public respondent Department of Agrarian Reform Adjudication Board (DARAB) in DARAB Case No. 1885 (Reg. Case No. IV-033-L)...
Promulgated on 2005-01-27

245. CA GR CV 77855: Heirs of Magdalena Joson v. Rolando Giray, Sr., et al
Whether or not the trial court has jurisdiction over the subject matter of the instant case is the main issue in this appeal from the decision dated June 21, 2002 of Branch 65 of the Regional Trial Court (RTC) of Tarlac City in Civil Case No. 9193, the...
Promulgated on 2005-01-27

246. CA GR SP 76955: MILAGROS ACEBES vs BUEN M. MORALES
This is a petition for certiorari under Rule 42 of the 1997 Rules of Civil Procedure seeking to annul and set aside the Decision of the Regional Trial Court affirming that of the Metropolitan Trial Court ordering defendant John Nanod and all persons cl...
Promulgated on 2005-01-27

247. CA GR SP 76533: BENJAMIN ANDRES vs NESTOR UAL
This is a petition for review on certiorari under Rule 42 of the 1997 Rules of Civil Procedure, seeking the reversal of the Decision dated January 06, 2003 of the Regional Trial Court of City of Marikina, Br. 273 rendered...
Promulgated on 2005-01-27

248. CA GR CR 27498: PEOPLE OF THE PHILIPPINES VS. VIRGILIO ALCOREZA Y RAMOS
Before us is a Petition for Review, assailing the March 20, 2003 Decision of the RTC, Br. 21 of Santiago City in Criminal Case No. 21-3346-FC for Robbery (Art. 302, RPC) and also in Criminal Case No. 21-3347-FC for Violation of R.A. 6539 (Anti-Carnappi...
Promulgated on 2005-01-27

249. CA GR SP 87397: Nicanor Bulalacao, Jr. vs Hon. Henry Basilia, et al.
The instant petition was ordered DISMISSED for not containing a written explanation why the respondents were served with a copy of the petition not by personal service but by registered mail as required in Section 11, Rule 13. Petitioner now seeks a recon...
Promulgated on 2005-01-27

250. CA GR SP 68589: Emelita Santana vs Social Security System(SSS) and TSM Shipping Phils. Inc.
Before this Court is a petition for review under Rule 43 of the Rules of Court which seeks to reverse and set aside the Decision of the Employees? Compensation Commission (ECC) dated October 19, 2001 in ECC CASE No. 12238-301. The assailed decision sustai...
Promulgated on 2005-01-27

251. CA GR SP 82063: Eduardo L. Rayo vs. Hon. RTC of Quezon City, Br. 222, et al.
Before this Court is a petition for annulment of judgment initiated by petitioner Eduardo L. Rayo, seeking to annul the Decision dated December 9, 2002 rendered by public respondent Regional Trial Court of Quezon City, Branch 222,...
Promulgated on 2005-01-27

252. CA GR CV 42543: Edilberto Adrados vs Lt. Col. Celso Jamito, ET AL.
This is an appeal from the Decision dated April 30, 1993 rendered by the Regional Trial Court of Bulacan, Branch 16, in Civil Case No. 235-M-89, entitled Edilberto Adrados vs. Lt. Col. Celso Jamito, Agbayani Carating, Capt. Danilo Evangelista, Capt. Carlo...
Promulgated on 2005-01-27

253. CA GR SP 84505: Magsaysay Maritime Corp., vs. NLRC, et al
The parties having amicably settled their case as manifested by them and having requested this Court to take note of the settlement and make the appropriate disposition, this petition is accordingly dismissed....
Promulgated on 2005-01-27

254. CA GR SP 84154: Clarita A. Mayo vs. Social Security System
Before Us is a petition for review1 of the Decision dated March 25, 2004 of the Employees Compensation Commission (ECC) affirming the decision of the Social Security System (SSS) denying petitioner?s claim for death benefits under Presidential Decree No....
Promulgated on 2005-01-26

255. CA GR SP 88248: Sps. Eliseo Naguit vs. Hon. Reynaldo Daway et al
The extant Petition for Certiorari is DISMISSED outright for failure to state the three material dates, namely: (1) when notice of the judgment, order or resolution subject thereof was received, (2) when a motion for reconsideration, if any, was filed, an...
Promulgated on 2005-01-26

256. CA GR SP 83163.: RUSTAN?S SUPERMARKETS, ET AL. vs. NLRC and ANITA F.
This is a petition for certiorari with prayer for the issuance of a temporary restraining order assailing: (1) the Resolution dated November 17, 2003 of the National Labor Relations Commission (NLRC) that reversed and set aside the Decision dated November...
Promulgated on 2005-01-26

257. CA GR SP 84642: Pacifico Cristobal, et al. vs. Fidel Cristobal, et al.
This petition for review under Rule 42 of the Rules of Court seeks to reverse and set aside the decision dated 15 April 2004 of the Regional Trial Court, Branch 57, of San Carlos City, Pangasinan, which affirmed in toto the decision of the Municipal Tria...
Promulgated on 2005-01-26

258. CA GR SP 81998: Randy Pineda vs. Juanita Pangilinan, et al
Upon due consideration of respondents Motion for Reconsideration and the petitioners Comment thereon, the Court finds no compelling reason to reconsider its Decision dated August 31, 2004 as the arguments raised in the motion are a mere rehash of the same...
Promulgated on 2005-01-26

259. CA GR SP 61540: Skunac Corp. vs. DSP Builder Supply
BROUGHT to Us via petition for review under Rule 421 is the Decision and Resolution of the Regional Trial Court (RTC)....
Promulgated on 2005-01-26

260. CA GR CR 28730: People vs. Reynaldo Tolentino
Considering the report of the JRD that no appellant s brief has been filed by the accused-appellant within the prescribed period ?...
Promulgated on 2005-01-26

261. CA GR CV 80497: Metropolitan Bank vs. Lauri Tecson, et al
THIS is an appeal from a Decision1 in an action for sum of money instituted by plaintiff-appellee Metropolitan Bank & Trust Co. (Metrobank) against defendants-appellants spouses Lauro Tecson and Fely Tecson....
Promulgated on 2005-01-26

262. CA GR CV 54822: Holy Face Heights vs. Atty. Fortunato Veloso
This pertains to the defendant appellant s motion for reconsideration filed on 22 September 2003 via registered mail, seeking for the reconsideration of the Decision dated 28 August 2003, the text of which reads:...
Promulgated on 2005-01-26

263. CA GR SP 84443: Reynaldo Hipolito, et al. vs. Samahan ng mga Mamamayan sa Tabing Ilog Homeowners, Asso.
Before this court is a petition for review the order dated March 9, 2004 of the Regional Trial Court of Antipolo City, Branch 74 affirming the decision of the Municipal Trial Court of Antipolo City, Branch 2 in SCA Case No.143-02....
Promulgated on 2005-01-26

264. CA GR CR 00099: People vs. Christopher Cordero
Before this court is a petition to review the judgment of the Regional Trial Court of Santa Cruz, Laguna Branch 28 of the Fourth Judicial Region in Criminal Case No. SC-8265 convicting the accused-appellant for the crime of parricide and imposing on him...
Promulgated on 2005-01-26

265. CA GR SP 82120: Rural Bank of Tuy, Inc. vs. Bangko Sentral ng Pilipinas, et al.
Before Us is a Petition for Certiorari, Prohibition and Mandamus with Prayer for Temporary Restraining Order and/or Writ of Preliminary Mandatory Injunction filed by the Rural Bank of Tuy, Inc. (the Bank, for brevity)...
Promulgated on 2005-01-26

266. CA GR CV 79688: Epitacio Endaya, et al. vs. R.P.
This is an appeal interposed by the Republic of the Philippines through the Office of the Solicitor General, from the Decision of the Municipal Circuit Trial Court of Malvar-Balete, Batangas1 rendered on May 5, 2003,...
Promulgated on 2005-01-26

267. CA GR CV 53837: Fortune Corporation v. Inter-Merchants Corp.
Sought to be set aside in this appeal is the decision dated February 23, 1996 of the Regional Trial Court of San Pablo City, Branch 30, in the civil action for breach of contract and damages entitled Fortune Corporation vs. Inter-Merchants Corporation doc...
Promulgated on 2005-01-26

268. CA GR SP 86721: PLDT, Inc. vs. NLRC, et al.
The instant petition seeks to set aside the Decision rendered by the National Labor Relations Commission (NLRC for brevity) on June 25, 2004...
Promulgated on 2005-01-26

269. CA GR SP 72942: Roberto Macalinao et al vs. Hon. Voluntary Arbitrator, et al
This is a petition for certiorari under Rule 65 of the Rules of Court seeking to annul and set aside the Order dated September 12, 2002 of the Voluntary Arbitrator which reversed its earlier Order dated August 15, 2002,2 the decretal portion of which read...
Promulgated on 2005-01-26

270. CA GR CR 00331: PEOPLE VS ROBERTO BAGUIO @ ALBERTO, ET AL
On Appeal is the decision dated 5 November 2002 of Branch 46 of the Regional Trial Court of Urdaneta City, Pangasinan in Criminal Case No. U-11670, the dispositive portion of which reads: Premises considered, the court hereby finds Ricardo Dimasangal onl...
Promulgated on 2005-01-26

271. CA GR SP 78935: Elisa Icasiano vs. Arthur P. Autea, et al.
This petition for review under Rule 43 of the Rules of Court seeks to annul and set aside the decision dated 26 May 2003 of Deputy Executive Secretary Arthur P. Autea of the Office of the President in O.P. Case No. 99-F-9138....
Promulgated on 2005-01-26

272. CA GR CV 69342: TICO INSURANCE CO., INC. vs. ELIZABETH PAMALISON, ET AL.
Before Us on appeal is the decision of the Regional Trial Court of Makati City, Branch 64 in Civil Case No. 95-846 involving a complaint for sum of money filed by plaintiff Tico Insurance Co., Inc., as subrogee of insured Pepsi Cola Products Phils., Inc.,...
Promulgated on 2005-01-26

273. CA GR SP 69773: IMMACULATE CONCEPTION ACADEMY OF MANILA, et al vs NLRC, et al
This is a petition for certiorari under Rule 65 of the Rules of Court seeking for the partial reversal of the Decision of the National Labor Relations Commission (NLRC) dated 30 August 2001...
Promulgated on 2005-01-26

274. CA GR CR 00148: People vs. Edwin Abordo y Bignotea
On Appeal is the decision1 dated 6 November 2002 of Branch 76 of the Regional Trial Court of Quezon City in Criminal Case No. Q-01-100496 for Robbery with Homicide,...
Promulgated on 2005-01-26

275. CA GR CV 82882: Virginia Cruz-Wisth vs. The Local Civl Registrar of Olongapo; RP
Before this Court is the OSG?s (oppositor-appellant) withdrawal of appeal1 filed on 18 January 2005....
Promulgated on 2005-01-26

276. CA GR CR 27574: People vs. Alberto G. Geneta
Before this Court is an appeal from the judgment of the Regional Trial Court, Dagupan City, Branch 44 finding Alberto Geneta (hereinafter, accused-appellant) guilty beyond reasonable doubt of the crime of frustrated murder...
Promulgated on 2005-01-26

277. CA GR CV 41628: La Consolacion Milling Corp. vs Lilia S. Pascual
Before this Court on appeal is the Decision dated April 30, 1993 of the Regional Trial Court (RTC) of Cebu, 7th Judicial Region, Branch 28, Mandaue City, in Civil Case No. MAN-615 which declared the Deed of Sale with Pacto de Retro dated July 24, 1979 an...
Promulgated on 2005-01-26

278. CA GR SP 78052: Sps. Correa vs. Sps. Lirio, et al.
This is a Petition for Review under Rule 43 of the 1997 Rules of Court seeking the reversal and setting aside of the Decision dated June 16, 2003 of the Office of the President in O.P. Case No. 20-A-8935...
Promulgated on 2005-01-26

279. CA GR SP 79630: Harpoon Marie Service vs. NLRC, et al
Assailed in this petition for certiorari, as tainted with grave abuse of discretion amounting to lack or excess of jurisdiction, are: (1) The Decision dated March 31, 20031 of the National Labor Relations Commission (or NLRC) in NLRC NCR CA No. 032152-02,...
Promulgated on 2005-01-26

280. CA GR CR 27778: People vs. Howard Teck
This is an appeal from the decision rendered on 27 August 2003 by the Regional Trial Court of Las Pinas City (Branch 201) convicting herein accused-appellant Howard Teck (Teck for brevity) of violation of Sections 15 and 16, Art. III of R.A. 6425, as am...
Promulgated on 2005-01-26

281. CA GR SP 74510: Revenue vs. Felinvest Development
Appeal by way of petition for Review from the decision dated September 10, 2002 of the Court of Tax Appeals in CTA Case No. 6182, entitled Filinvest Development Corporation and Filinvest Alabang, Inc. v. Commissioner of Internal Revenue. The dispositive...
Promulgated on 2005-01-26

282. CA GR SP 50822: NHG Construction & Builders, Inc., et al. vs. NLRC, et al.
For the construction project in Abra province, known as the Malanas Overflow Bridge project (or project), which was awarded by the Department of Interior and Local Government (or DILG) to NHG Construction & Builders, Inc. (or NCBI) in March 1994, the la...
Promulgated on 2005-01-26

283. CA GR CV 66770: Adelaida Salangsang vs. Nissan North Edsa, et al.
On July 25, 1995, Nissan North Edsa (or Nissan) sold on installment basis a Model 1995 Nissan Sentra car (or car) to Adelaida Salangsang (or appellee). The transaction was financed by Citibank and Trust Company (or CBTC), which was subsequently merged w...
Promulgated on 2005-01-26

284. CA GR SP 87786: Zenaida Angeles vs. Presiding Judge, RTC-Br. 89, Bacoor, Cavite, et al.
Records show that on December 22, 20041, petitioners were given until December 26, 2004 within which to file the intended petition for review....
Promulgated on 2005-01-26

285. CA GR CV 61626: Jolema Industrial Corp. vs. Ernesto Javier, et al.
This is an appeal from the Decision of the Regional Trial Court, Branch 75, Valenzuela, Metro Manila dismissing plaintiff-appellant's complaint for sum of money....
Promulgated on 2005-01-26

286. CA GR SP 61304: JUM ANGEL vs. EMPLOYEES COMPENSATION COMMISSION
THE GOVERNMENT SERVICE INSURANCE SYSTEM (GSIS) MOVES FOR THE RECONSIDERATION OF THE DECISION PROMULGATED ON MAY 31, 2004, CLAIMING THAT:...
Promulgated on 2005-01-26

287. CA GR SP 83808: Lima Land, Inc., et al. vs. Marlyn J. Cuevas
This Court recognizes the rights of an employer to terminate the services of an employee for just and authorized cause, the dismissal of an employee must be made within the parameters of the law and pursuant to the tenets of equity and fair play....
Promulgated on 2005-01-26

288. CA GR SP 73428: Maricel Bernardo vs. NLRC, et al
Challenged in this petition for certiorari is the decision of the public respondent dated March 22, 2002, particularly on the petitioners other monetary claims and the decision promulgated on July 29, 2002, denying the petitioners Motion for Partial Rec...
Promulgated on 2005-01-26

289. CA GR SP 82686: GLF-SELI PHIL., VS Hon. Comissioner Raul T. Aquino, et al.
Before this Court is petitioners Motion to Withdraw the instant petition for having become moot and academic by reason of the Compromise Agreement executed by the parties and approved by the Labor Arbiter on November 11, 2004....
Promulgated on 2005-01-26

290. CA GR CV 53179: Jose Sytangco Reyes vs. Marikina Valley Dev. Corp., et al.
On appeal is the Decision dated October 11, 1991 of the Regional Trial Court (RTC), of Manila Branch 2, in Civil Case No. 83-19728 entitled Jose Sytangco Reyes, plaintiff (appellee), versus Marikina Valley Development Corporation, and Milagros Liamzon, d...
Promulgated on 2005-01-26

291. CA GR CV 76200: Heirs of Fortunato Doronio vs. Heirs of Marcelino Doronio
On appeal by plaintiffs Heirs of Fortunato Doronio is the Decision dated June 28, 2002 of the Regional Trial Court of Anonas, Urdaneta City, Pangasinan in an action for Reconveyance and Damages...
Promulgated on 2005-01-26

292. CA GR SP 70994: Transnational Diversified Corp. vs. E.C. Paulino Construction Co., Inc.
Before this Court is a Petition for Review (Rollo, pp. 2-22) under Rule 43 of the 1997 Rules of Civil Procedure seeking the reversal of the May 3, 2002 Decision (Rollo, pp. 670-682) of the Construction Industry Arbitration Commission (CIAC) in CIAC Case N...
Promulgated on 2005-01-26

293. CA GR SP 87561: DEL ROSARIO & DEL VS Hon. ZENAIDA G. LAGUILLES
The instant Petition for Certiorari is not accompanied by certified copies of the following resolutions, pleadings and documents necessary to support the allegations in the petition, in violation of Section 1, Rule 65 of the Rules on Civil Procedure...
Promulgated on 2005-01-26

294. CA GR SP 81108: Gaudencio Labrador vs. Lulu Uson
Before this Court is a Petition for Review of the Decision dated November 24, 2003 rendered by the Regional Trial Court, Branch 70, Iba, Zambales,...
Promulgated on 2005-01-26

295. CA GR SP 74737: Choa Yee Sin vs. Hon. Enrico A. Lanzanas, et al.
This petition seeks to nullify the Order dated 20 December 2001 of public respondent Judge Myra V. Garcia- Fernandez, Presiding Judge, Branch 10, Metropolitan Trial Court, Manila;...
Promulgated on 2005-01-26

296. CA GR SP 71850: ROSARIO G. CHU vs UNITED COCONUT PLANTERS LIFE ASSURANCE CORPORATION
This is a petition for review under Rule 42 of the Rules of Court seeking to set aside the Decision of the Regional Trial Court, Branch 149, Makati City, in Civil Case No. 99-1893 dated March 11, 2002...
Promulgated on 2005-01-25

297. CA GR CV 63526: Norma Mansor vs. Sps. Paul and Arles Salarzon, et al.
Contested before the Regional Trial Court (or RTC) of Albay (Ligao, Branch 12), in an action for reconveyance, recovery of possession and damages, was the 555 squaremeter portion (or disputed property) of that parcel of land with an area of 1,693 square...
Promulgated on 2005-01-25

298. CA GR CV UDK 8345: Farmneed vs. Helen Ramos-Matsouka
Defendant-appellant moves for the reconsideration of the Resolution of this Court promulgated on July 21, 2004, which dismissed her appeal pursuant to Section 4, Rule 41 of the 1997 Rules of Civil Procedure....
Promulgated on 2005-01-25

299. CA GR CR 00118: People vs. Jose Carino
Before this Court is an appeal originally filed with the Supreme Court but referred to this Court pursuant to the decision in People vs. Mateo, from the decision dated November 29, 2001 of the Regional Trial Court, Fifth Judicial Region, Branch 20...
Promulgated on 2005-01-25

300. CA GR CV 80585: Sincere Food vs. Orient Overseas et al
This is an appeal from the Decision dated June 23, 2003 and the Order dated September 22, 2003, rendered by the Regional Trial Court of Manila Branch 33 (hereafter RTC), in Civil Case No. 01-99910, the dispositive portions of which read as follows:...
Promulgated on 2005-01-25

301. CA GR SP 88096: Oscar Garcia vs. Sps. Magallanes
Before us is a petition for review of the Decision of the Regional Trial Court, Branch 95, Palawan, which reversed the Decision of the Municipal Circuit Trial Court, Aborlan-Kalayaan, Palawan and dismissed the complaint for unlawful detainer filed by peti...
Promulgated on 2005-01-25

302. CA GR SP 72847: Ma. Eden D. Dytianquin vs. NLRC, et al.
Before us is a petition for certiorari seeking to set aside the Resolution dated September 24, 2001 of the National Labor Relations Commission (NLRC), which affirmed the decision of the Labor Arbiter dismissing petitioner?s complaint for illegal dismissal...
Promulgated on 2005-01-25

303. CA GR CV 74209: MARIA MARBELLA VS. PCI BANK
This is an appeal interposed by PCIB (now Equitable PCIB) from the Decision dated December 3, 2001 of Branch 5, Regional Trial Court, Legazpi City, which ruled in favor of plaintiff in Civil Case No. 9720...
Promulgated on 2005-01-25

304. CA GR CV 82872: Julie Arcalas vs. Analyn Pineda, et al
For failure of defendant-appellant to file her appellant?s brief within the reglementary period as per report of the Judicial Records Division dated January 4, 2005, the appeal is hereby considered ABANDONED and accordingly DISMISSED pursuant to Section 1...
Promulgated on 2005-01-25

305. CA GR CV 70860: Vivian Lee Tan vs. Phil. Hawk Corp., et al
Upon due consideration of defendants appellants Motion for Reconsideration, the Court finds no compelling reason to reconsider its Decision dated August 17, 2004 as the arguments raised in the motion are a mere rehash of the same arguments which have been...
Promulgated on 2005-01-25

306. CA GR SP 76206: Artemio Inego vs. Hon. Guillermo Purganan et al
After a thorough study of the Motion for Reconsideration filed by petitioner in the above-entitled case, the Court finds no sufficient reason to deviate from its findings and conclusions reached in its Decision dated October 28, 2004....
Promulgated on 2005-01-25

307. CA GR CV 77948: Gaspar Perez et al vs. Roderick Damasig, et al
Defendants-appellants seek reconsideration of Our Decision promulgated on November 25, 2004 which affirmed the appealed decision with modification....
Promulgated on 2005-01-25

308. CA GR CV 79557: G & M Inc., vs. Shelwyn Malit
Before Us for resolution are the following, to wit: 1) Whether to consider the notice to appellee as complete service under Rule 13, Section 10 of the Rules of Court;...
Promulgated on 2005-01-25

309. CA GR SP 84883: BENJAMIN L. SAROCAM vs. NATIONAL LABOR RELATIONS, et al.
Assailed in this petition for certiorari under Rule 65 of the 1997 Rules of Civil Procedure is the Resolution of the National Labor Relations Commission (NLRC) dated February 19, 2004 (Annex "T", Petition; pp. 104-111, Rollo) in CA No. 036661-03 (NCR...
Promulgated on 2005-01-25

310. CA GR SP 86162: Marlon Ocampo vs. Alejo Casison
This appeal via petition for review seeks to overturn the Decision dated August 5, 2004, of the Regional Trial Court of Antipolo City, Branch 74, in Sp. Civil Case No. 04-346, which reversed the decision dated May 3, 2004,2 of the Municipal Trial Court...
Promulgated on 2005-01-25

311. CA GR CR 26499: People vs. Eduardo Casupang, et al
This is an appeal from the Decision dated May 8, 2002 of Branch 46, Regional Trial Court (RTC), Urdaneta City which convicted appellant William Casupang of homicide in Criminal Case No. U-10766....
Promulgated on 2005-01-25

312. CA GR SP 87425: Rockland Construction Co., Inc. vs. Hon. Mariano M. Singzon, Jr., et al.
This is a petition for certiorari and prohibition under Rule 65 of the 1997 Rules of Civil Procedure, with Urgent Application for the Issuance of a Temporary Mandatory Injunction and/or Writ of Preliminary Mandatory Injunction, seeking to reverse and set...
Promulgated on 2005-01-25

313. CA GR SP 55331: Annie Tan vs. Hon. Amalia Andrade, et al
This is a petition for certiorari to annul certain orders of the trial court that would resume the hearing on the application of the plaintiff for preliminary injunction to stop the defendant bank from extrajudicially foreclosing the mortgage on her prope...
Promulgated on 2005-01-25

314. CA GR CR 00252: People vs. Pedring Fernandez alias Pedro
HC - This case was elevated to the Supreme Court on automatic review, the extreme penalty of death having been imposed upon accused-appellant in the Decision1 dated 14 December 2001 of the Regional Trial Court of Malolos, Bulacan, 3rd Judicial Region, B...
Promulgated on 2005-01-25

315. CA GR CV 67474: Raymundo Cuadro vs. Mariano Onate, et al.
For Our resolution is the appeal from the Decision of the Regional Trial Court, Branch 37, Iriga City promulgated on April 28, 2000 ordering the heirs of defendant Mariano O?ate, Sr. to pay actual, moral, and exemplary damages and attorney?s fees to plai...
Promulgated on 2005-01-25

316. CA GR SP 82570: Guillerma Veliganio vs. Lolita Maiz del Rosario, et al.
Before Us is a Petition for Review assailing the 27 November 2002 Decision of the Regional Trial Court, Branch 112, Pasay City, in Civil Case No. 02-0325 affirming in toto the court a quo?s earlier decision dated 21 June 2002...
Promulgated on 2005-01-25

317. CA GR CR 28770: People vs. Nora delos Santos y de Guzman
This appeal traces its origin from the Assailed Decision dated 28 July 2004 rendered by the Regional Trial Court, National Capital Judicial Region, Branch 201, Las Pi?as City....
Promulgated on 2005-01-25

318. CA GR SP 85505: Sentricom Security Agency, et al vs. NLRC, et al
Impugned in this petition for certiorari, as tainted with grave abuse of discretion, amounting to lack or excess of jurisdiction, are: (1) The Resolution dated February 27, 2004 of the National Labor Relations Commission (NLRC) in NLRC NCR CA No. 038422...
Promulgated on 2005-01-25

319. CA GR SP 87344: Estrellita Timbongco vs. Juanito Guzon
This is a Petition for Review filed under Rule 42 of the 1997 Rules of Civil Procedure, as amended, seeking to annul and set aside the Decision1 dated September 18, 2003 of the Regional Trial Court of Manila, Branch 25, in Civil Case No. 02-104405 affirmi...
Promulgated on 2005-01-25

320. CA GR SP 85491: Peres vs. RTC, et al
Challenged in this petition for certiorari, as tainted with grave abuse of discretion, amounting to lack or excess of jurisdiction, are the Orders/Resolution issued by the public respondent, the Honorable Henedino P. Eduarte, Judge of the Regional Trial...
Promulgated on 2005-01-25

321. CA GR CV 67824: PCIB vs. Sps. Elmo and Lydia Ramos
Appellants spouses Elmo and Lydia Ramos appeal the Decision dated June 26, 2000 of the Regional Trial Court, Branch 142, Makati City which granted plaintiff-appellee Philippine Commercial International Bank?s complaint for sum of money....
Promulgated on 2005-01-25

322. CA GR SP 88088: Sps. Dante and Ma. Teresa Galura vs. Malolos, Bulacan RTC Judge Candido Belmonte, Math-Agro Corp.
This is a petition for annulment of judgment on the twin grounds of (i) lack of jurisdiction over the person of the petitioners, as defendants and judgment debtors in Civil Case No. 473-M-2000 of the RTC of Bulacan, Branch 22 and (ii) extrinsic frau...
Promulgated on 2005-01-25

323. CA GR CR 00227: People vs. Bernardo Pinpin y Doe
Brought before us for intermediate review, conformably with the ruling in People vs. Mateo,1 is the Decision of the Regional Trial Court, Branch 28, Naga City imposing the penalty of reclusion perpetua on accused-appellant Bernardo Pinpin y Doe, who was f...
Promulgated on 2005-01-25

324. CA GR SP 85140: Indochina Ship Management 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 February 23, 2004 and Resolution dated April 30, 2004 of the National Labor Relations Commission (h...
Promulgated on 2005-01-25

325. CA GR SP 66233: Marcelo R. Silverio vs Office of the Ombudsman, et al.
In grave misconduct, the elements of corruption, clear intent to violate the law or flagrant disregard of established rule, must be manifest...
Promulgated on 2005-01-25

326. CA GR SP 76039: Sps. Tiangco, et al. vs. Simon D. Paz, et al.
This is a petition for certiorari seeking to annul the Decision of the Regional Trial Court, Quezon City, Branch 99, in Civil Case No. Q-99-36846 dated January 3, 2002 ordering the petitioners to reimburse the respondents for damages and the Order dated...
Promulgated on 2005-01-25

327. CA GR CV 52227: ATTY. CORNELIO C. CRUZ, VS REMEDIOS C. ARCE
This is an Appeal from the Decision1 dated November 23, 1995 of the Regional Trial Court of Malolos, Branch 17 in Civil Case No. 799-M-94, which upheld the validity of the deed of absolute sale between plaintiff-appellee and defendant-appellant....
Promulgated on 2005-01-25

328. CA GR SP 85329: Rizal Commercial Banking vs, Hon. Nemesio Delix, 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 Orders dated (a) December 17, 2003 and (b) May 5, 2004 issued by Hon. Nemesio S. Felix (hereafter respondent judge) of the Regional...
Promulgated on 2005-01-25

329. CA GR CV 61071: Conchita Porta-Valledor vs. Republic of the Philippines, et al
Marriage without love is like running an engine without oil. Sooner or later the engine will burn down. Living together under one roof without love is to live in turmoil soaked in mental torture and suffering. The law obliges the spouses to love each othe...
Promulgated on 2005-01-25

330. CA GR SP 84210: Nighthawk Detective 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 October 16, 2003 and Order dated April 30, 2004 of the National Labor Relations Commission (hereaft...
Promulgated on 2005-01-25

331. CA GR SP 87625: EDITH & GUADALUPE VALDEZ, ET AL. vs. SPS. EMILIO & SOLIDAD VERZOSA
A perusal of the petition shows that the same was filed twenty one (21) days late and the addresses of both the petitioners and respondents are not stated in the petition in violation of par. 1 Sec., 3, Rule 56 of the 1997 Rules of Civil Procedure....
Promulgated on 2005-01-25

332. CA GR CV 79809: Teresita Amposta Enano vs. Bella Fe. Martinez
This is an appeal from the civil aspect of the Decision dated February 19, 2003, rendered by the Regional Trial Court (hereafter RTC), Branch 21, Imus, Cavite in Criminal Case No. 7403-99 for Estafa, the dispositive portion of which reads as follows:...
Promulgated on 2005-01-25

333. CA GR CR 00333: People vs. Venancio Ogayre @ Benjamin Miranda
HC - Before us is an appeal from the decision dated June 16, 2003 of the Regional Trial Court, Fourth Judicial Region, Branch 94, Boac, Marinduque finding the accusedappellant guilty beyond reasonable doubt of the crime of multiple rape....
Promulgated on 2005-01-25

334. CA GR SP 84592: Lockheed Detective v. Department of Labor, et al
Before us is a Manifestation and Motion filed by the petitioners, through their counsel, praying that the instant petition be dismissed on the ground that the private respondent had already executed a Motion To Dismiss and Quitclaim and Release on Decembe...
Promulgated on 2005-01-25

335. CA GR SP 60350: International Skills Dev., vs. NLRC, et al
International Skills Development, Inc. (hereafter ISDI for brevity) by this petition for certiorari assails the Decision of the National Labor Relations Commission (or NLRC) favorable to the respondent Eduardo Dela Cruz (or Dela Cruz), and the Order of M...
Promulgated on 2005-01-25

336. CA GR SP 58786: Jose Chavez, vs. NLRC, et al
Petitioner Jose Chavez (or hereafter Chavez) in his ambivalently titled Petition for Review asks that the (a) Decision dated September 28, 1998 of the Labor Arbiter; and, (b) the twin Resolutions of the National Labor Relations Commission (NLRC) dated Ja...
Promulgated on 2005-01-25

337. CA GR CV 81881: Liza Irabon Ando v. Republic of the Philippines
Submitted for our consideration is a Motion To Withdraw Appeal filed by the Oppositor-Appellant, through its counsel, alleging among others:...
Promulgated on 2005-01-25

338. CA GR SP 88160: People vs. RTC-Br. 27, Manila, et al.
For consideration is the Petition for Certiorari seeking to nullify the Orders dated April 15, 2004 and September 28, 2004 of public respondent in Criminal Case No. 93-129988...
Promulgated on 2005-01-25

339. CA GR SP 83975: Hilario Rubio, 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 Resolution dated August 20, 2003 (should be Decision) and Resolution dated October 30, 2003 of the National Labor R...
Promulgated on 2005-01-25

340. CA GR CV 78188: Ma. Teresa Ludovico-Gonzales vs. Republic et al
This is an appeal from the Decision dated January 7, 2003 rendered by the Regional Trial Court (RTC), Branch 70, Pasig City, in JRDC No. 4391 for Declaration of Nullity of Marriage and Dissolution of Conjugal Partnership, the dispositive portion of which...
Promulgated on 2005-01-25

341. CA GR SP 82328: Movers-Baseco vs. Cyborg Leasing, et al
This is a Petition for Review under Rule 42 of the 1997 Rules of Civil Procedure, as amended seeking to reverse and set aside the Decision dated January 29, 2004 of the Regional Trial Court of Manila, Branch 40 (hereafter RTC) in Civil Case No. 03-107463...
Promulgated on 2005-01-25

342. CA GR SP 82254: Roberto Ignacio, et al. vs. Hon. Leoncia Real-Dimagiba, et al.
We have carefully perused the Motion for Reconsideration filed by petitioner through counsel of Our Decision dated October 25, 2004 and find no cogent or compelling reason to reconsider the same. The motion presents no new matters which we have not alre...
Promulgated on 2005-01-24

343. CA GR SP 67766: Park Hotel, J's PlayHouse Burgos Corporation Inc., and or/ Gregg Habutt, et al.
The Labor Code as amended provides specific grounds by which an employer may validly terminate the services of an employee, which grounds should be strictly construed since a person's employment constitutes property under the context of the constituti...
Promulgated on 2005-01-24

344. CA GR SP 67148: MACARIO BERMEJO, VS CARMENCITA BELTRAN, ET. AL
To give the court jurisdiction to effect the ejectment of an occupant or deforciant on the land, it is necessary that the complaint should embody such a statement of facts as brings the party clearly within the class of cases for which the statutes pr...
Promulgated on 2005-01-24

345. CA GR SP 78646: GLAXOSMITHKLINE PHILIPPINES, Inc., vs. The Secretary of Justice, et al
After a thorough study of the Motion for Reconsideration filed by petitioner in the above-entitled case, the Court finds no sufficient reason to deviate from its findings and conclusions reached in its Decision dated October 28, 2004....
Promulgated on 2005-01-24

346. CA GR SP 71021: INTERCREW PHILIPPINES AGENCY, INC., vs NLRC & EXEQUIEL B. ESCALANTE
In termination of employment disputes, the burden of proof is always on the employer to prove that the dismissal was for a just and valid cause. Evidence must be clear, convincing and free from any inference that the prerogative to dismiss an employee...
Promulgated on 2005-01-24

347. CA GR SP 87882: Veterans Phil. Scouts Security Agency, Inc. vs. NLRC, et al.
It appearing that petitioner has been granted an extension of fifteen (15) days or until January 3, 2005 to file Petition, the same being inextendible, the Second Motion for Extension requesting for another 15-day extension to expire on January 18, 2005...
Promulgated on 2005-01-24

348. CA GR CV 79578: Ricardo Sa. Juan et al vs. Benjamin Ambrosio
The appellants spouses Ricardo and Donatila San Juan (hereafter the San Juans) filed with the Regional Trial Court of Quezon City a case for Damages against the appellee Benjamin Ambrosio, Sr. (or Ambrosio appellee)....
Promulgated on 2005-01-24

349. CA GR CV 79156: Rico Marabut vs. Republic of the Philippines, et al
Citing as ground that the respondent Rizalina Ariola Marabut (or Rizalina) is psychologically incapacitated to comply with the essential marital obligations of marriage, petitioner-appellee Rico L. Marabut (or Rico) filed before the Regional Trial Court o...
Promulgated on 2005-01-24

350. CA GR SP 82398: United Cellulose Labor Association vs. Hon. Patricia Sto. Tomas, et al.
We again note petitioner?s non-compliance with our Resolutions dated March 26, 2004 and July 29, 2004 wherein we required petitioner to amend its verification to the petition by stating therein that the allegations in its petition are not only true and c...
Promulgated on 2005-01-24

351. CA GR SP 73792: Philcam International vs. NLRC, et al
This petition for certiorari seeks to reverse and set aside the resolutions dated August 26, 2002 and April 15, 2002, respectively, of the National Labor Relations Commission as well as the decision of the labor arbiter dated April 23, 1998....
Promulgated on 2005-01-24

352. CA GR SP 77838: Agapito Estabillo, et al vs. Ceferina Holgado
Before us is a petition for review under Rule 42 of the Rules of Court assailing the 09 September 2002 Decision of the Municipal Trial Court (MTC) of Luna, La Union and the 21 February 2003 Decision of Branch 34, Regional Trial Court (RTC) of Balaoan, La...
Promulgated on 2005-01-24

353. CA GR SP 73440: JUANITO VALIENTE vs VICTORIANO ENCARNACION
This is a Petition for Review under Rule 42 of the 1997 Revised Rules of Civil Procedure that seeks to reverse the decision1 dated July 26, 2002 of the Regional Trial Court Branch 19 of Cauayan City, Isabela, in a case for ejectment. Said decision2 a...
Promulgated on 2005-01-24

354. CA GR CV 77042: Timberasia International vs. Ultra-Tech Construction Corp.
Before this court is an appeal filed by defendant-appellant Ultra-tech Construction Corp., assailing the Decision dated 16 October 2002 and Order dated 20 December 2002 rendered by Hon. Marissa Macaraig-Guillen of the Regional Trial Court, National Capit...
Promulgated on 2005-01-24

355. CA GR CV 63945: Sps. Adraneda, et al. vs. Sps. Manlogon, et al.
This is an appeal from the Decision, dated June 4, 1999, rendered by the Regional Trial Court of Quezon City, Branch 91, in Civil Case No. Q-96-27446....
Promulgated on 2005-01-24

356. CA GR CV 80047: Heirs of Beatriz Villegas Vda. de Evangelista vs. R.P.
The Solicitor General, on behalf of the Republic of the Philippines, interposed the instant appeal from the Order issued by the Regional Trial Court of Bataan, Branch 1, Balanga City, on March 18, 2003...
Promulgated on 2005-01-24

357. CA GR SP 76535: The Heirs of Alejandro Orpiano, et al. vs. Sps. Tomas
Before Us is a petition for review of the Decision rendered by the Regional Trial Court, Branch 87, NCJR, Quezon City in Civil Case No. Q-00-42594....
Promulgated on 2005-01-24

358. CA GR SP 87606: Lorenzo Shipping Corp., et al. vs. Robinson A. Eladro, et al.
Before Us are the Petition for Injunction with Application for Temporary Restraining Order filed on 24 November 2004 and Motion for Consolidation filed on 8 December 2004....
Promulgated on 2005-01-24

359. CA GR SP 87897: First Integrated Machineries, Inc. (FINMAC), et al. vs. Luisa Suguitan, et al.
Before us is an action for annulment of judgment/final orders under Rule 47 of the 1997 Rules of Civil Procedure which seeks to annul (1) the Decision dated April 23, 2003 of the Regional Trial Court of Mandaluyong City, Branch 214......
Promulgated on 2005-01-24

360. CA GR CV 79972: Ermitano vs. Republic of the Philippines
Oppositor-appellant Republic of the Philippines, through the Office of the Solicitor General, filed a Motion to Withdraw Appeal dated 12 January 2005....
Promulgated on 2005-01-24

361. CA GR CV 82416: Heirs of Bonifacio Nicolas, vs. Fermin Marcial
Records show that the Notice to File Brief sent to Atty. Pablo G. Salvador, counsel for plaintiffs-appellants, was received on September 16, 2004. While plaintiffs-appellants were likewise furnished with a copy of the same notice, it was returned with po...
Promulgated on 2005-01-24

362. CA GR SP 73784: Norma de Leon, et al vs. Maxima Rivera, et al
Before us is a Petition for Review under Rule 43 of the Rules of Court assailing the 25 March 2002 Decision of the Department of Agrarian Reform Adjudication Board (DARAB) in DARAB Case No. 10497, declaring private respondents agricultural tenants of peti...
Promulgated on 2005-01-24

363. CA GR SP 86047: Donato G. Cerica, et al. vs. Hon. Ernesto C. Verceles, et al.
Challenged in this petition for certiorari under Rule 65 of the Rules of Court is the Resolution2 dated August 21, 2003 of public respondent National Labor Relations Commission, Third Division in NLRC NCRC CA No. 032 622-02...
Promulgated on 2005-01-24

364. CA GR SP 87265: Adolfo F. Villegas vs Hon. Vivencio S. Baclig, ET AL.
Before this Court is a petition for certiorari and/or prohibition with prayer for a temporary restraining order (TRO) and/or writ of preliminary injunction which seeks to annul the Order dated October 28, 2004 issued by the Regional Trial Court (RTC) of...
Promulgated on 2005-01-24

365. CA GR SP 84636: Heirs of Agapito Tuason vs. Alegar Corp.
Before this Court is a Petition for Review with Prayer for Preliminary Injunction and Temporary Restraining Order under Rule 42 of the 1997 Rules of Civil Procedure, assailing the decision dated March 19, 2004 and the Order dated June 4, 2004...
Promulgated on 2005-01-24

366. CA GR CV 78412: Aldine Aurin vs. Republic, et al
We have carefully perused the Motion for Reconsideration filed by petitioner-appellee through counsel of Our Decision dated October 15, 2004 and find no cogent or compelling reason to reconsider the same....
Promulgated on 2005-01-24

367. CA GR SP 83526: TSUNEISHI HEAVY INDUSTRIES vs. Hon. Tipon, et al.
Petitioner seeks reconsideration of Our Decision dated October 6, 2004 which dismissed the petition....
Promulgated on 2005-01-24

368. CA GR SP 81656: Hilario Soriano vs. Ombudsman Simeon Marcelo, et al
After a thorough study of the Motion for Reconsideration filed by petitioner in the above-entitled case, the Court finds no sufficient reason to deviate from its findings and conclusions reached in its Decision dated September 30, 2004....
Promulgated on 2005-01-24

369. CA GR CV 80386: Emma Ballesteros-Duran vs. Republic, et al
This is an appeal from the decision dated December 20, 2001 rendered by the Regional Trial Court (RTC), Branch 94, Quezon City, in Civil Case No. Q-99-38614 for Declaration of Nullity of Marriage, the dispositive portion of which reads:...
Promulgated on 2005-01-24

370. CA GR SP 85193: Batangas Laguna Tayabas Bus Co., Inc. vs. Hon. Macaraeg, et al.
Before this Court is a Petition for Certiorari with prayer for the issuance of Temporary Restraining Order and Injunction under Rule 65 of the 1997 Rules of Civil Procedure assailing the Orders dated July 5, 2004 and July 13, 2004 of the Regional Trial Co...
Promulgated on 2005-01-24

371. CA GR SP 88004: Sehwani Inc., vs In-N-Out Burger
The petition suffers a basic infirmity. Section 1, Rule 43 of the 1997 Rules of Civil Procedure, as amended, provides that an appeal from a decision of a quasi-judicial agency rendered in the exercise of its appellate jurisdiction should be by way of a pe...
Promulgated on 2005-01-24

372. CA GR SP 80756: Leopard Integrated vs. NLRC, et al
After a thorough study of the Motion for Reconsideration filed by petitioners, the Court finds no sufficient reason to deviate from its findings and conclusions reached in its Decision dated August 30, 2004....
Promulgated on 2005-01-24

373. CA GR CR 27098: People vs. Lilia Obciana
The Court after going over the accused-appellant s Motion for Reconsideration and the Comment of the Office of the Solicitor General thereto, finds that there is no new matters or arguments set forth in the instant motion which have not been passed upon...
Promulgated on 2005-01-24

374. CA GR CV 69463: Ernestina Crisologo-Jose vs. Land Bank of the Philippines
Acting on appellee s Motion for Reconsideration of Our Decision dated October 15, 2004, the Court finds no new matters which were not taken into consideration in arriving at the said decision and/or which would warrant a reversal or modification thereof....
Promulgated on 2005-01-24

375. CA GR CV 65158: Merchandise Exporters Phils., Inc. vs. R.P.
Before the Regional Trial Court of Laguna (Calamba, Branch 36) was a petition for cancellation of encumbrance and/or restrictions on Transfer Certificate of Title (or TCT) No. T-340370 (or subject title) in the name of Merchandise Exporters Phils., Inc....
Promulgated on 2005-01-24

376. CA GR SP 80199: Tabang Sawmill Inc., vs. Hon. Crisanto C. Concepcion, et al
There being no new or novel issues presented by the movant, and considering that the issues raised in the present motion have already been sufficiently passed upon and threshed out in the questioned decision, the Motion for Reconsideration must fail....
Promulgated on 2005-01-24

377. CA GR SP 79853: Felix Rosales et al., vs. Hon. Novelita Llaguno, et al
Perusing over the arguments raised in petitioners Motion for Reconsideration, we find no compelling and cogent reason to reverse, alter or modify the decision sought to be reconsidered....
Promulgated on 2005-01-24

378. CA GR SP 75285: Digna Consumido vs. Hon. Reynaldo Ros, et al
Although no comment was filed by private respondent to the motion for reconsideration of petitioner, said motion must be denied. We have once more reviewed the issues in this case particularly as they relate to the motion for reconsideration and We find...
Promulgated on 2005-01-24

379. CA GR SP 83777: Cielo Custodio, et al vs. Hon. Ma. Cristina Cornejo, et al
Acting on the Joint Motion to Dismiss filed by petitioners and private respondent through their respective counsel dated December 14, 2004 stating that they have amicably settled their differences and agreed to jointly move for the dismissal with preju...
Promulgated on 2005-01-24

380. CA GR CV 73052: Reynaldo Alpajora vs. Jocelyn Palis
We have carefully perused the Motion for Reconsideration filed by the Office of the Solicitor General of Our Decision dated October 15, 2004 and find no cogent or compelling reason to reconsider the same....
Promulgated on 2005-01-24

381. CA GR SP 84898: Gloria Parongan vs. Eduardo Cruz, et al.
Before this Court is a Petition for Review, originally filed with the Supreme Court and later referred to this Court, assailing the Decision dated September 18, 2003 and Order4 dated February 4, 2004 of the Regional Trial Court, Third Judicial Region, Bra...
Promulgated on 2005-01-24

382. CA GR CV 82129: Cristeta Alabanza vs. The Land Registration Authority, et al
For Our consideration is oppositor-appellant Republic of the Philippines' Motion to Withdraw Appeal stating that after a careful review of the pertinent documents of the case, it is no longer pursuing the appeal as it appears that the decision of the R...
Promulgated on 2005-01-24

383. CA GR CV 79201: Grace Printing Press vs. Star Paper Corp
Petitioner seeks reconsideration of Our Decision dated November 2, 2004 which dismissed the petition....
Promulgated on 2005-01-24

384. CA GR SP UDK 5123: S.N. MANSENIDO Multi Purpose vs. The Sec. of DENR, et al
We have carefully perused the Motion for Reconsideration filed by petitioner through counsel of Our Resolution dated June 3, 2004 and find no cogent or compelling reason to reconsider the same....
Promulgated on 2005-01-24

385. CA GR CV 79213: Triangle Ace Corp. vs. Renato & Josephine Tolentino
Before this Court is an appeal from the decision dated October 14, 2002 of the Regional Trial Court, Third Judicial Region, Branch 72, Olongapo City in Civil Case No. 283-0-98,...
Promulgated on 2005-01-24

386. CA GR SP UDK 5273: Saint Rose Transit et al vs. NLRC, et a
After due perusal of the instant Petition for Certiorari, the Court, upon due consideration finds cogent cause for the dismissal of the same, to wit:...
Promulgated on 2005-01-24

387. CA GR SP 80712: Carmelo dela Victoria vs. Rogelio Consigna, et al
This Court after going over the petitioner s Motion for Reconsideration, finds that there are no new matters or arguments set forth in this instant motion which have not been passed upon and considered by this Court when it rendered the questioned decisio...
Promulgated on 2005-01-24

388. CA GR SP 81145: Po Chuan vs. Hon. Demetrio Macapagal, et al
Petitioner seeks reconsideration of Our Decision dated September 28, 2004 which dismissed the petition...
Promulgated on 2005-01-24

389. CA GR SP 78122: William Golangco Construction vs. ASB Group of Companies, et al
This pertains to petitioner s Motion for Reconsideration of Our Decision dated September 30, 2004....
Promulgated on 2005-01-24

390. CA GR SP 77169: Janin Audrain vs. Hon. Encarnacion Balbastro, et al
After a thorough study of the Motion for Reconsideration filed by petitioner in the above-entitled case, the Court finds no sufficient reason to deviate from its findings and conclusions reached in its Decision dated August 17, 2004....
Promulgated on 2005-01-24

391. CA GR SP 84011: Rugtufters International, Inc. vs. NLRC, et al.
On May 26, 2004, petitioner filed an Urgent Manifestation and Motion to Admit, citing plain oversight as reason for its failure to attach proofs of service of the petition, and to make a written explanation why personal service was not resorted to....
Promulgated on 2005-01-24

392. CA GR SP 80805: Plan International Inc., vs. NLRC, et al
Although no comment was filed by respondents to the Motion for Reconsideration of the petitioner, said motion must be denied. We have painstakingly reviewed the arguments presented and find no cogent or compelling reason to reconsider the same....
Promulgated on 2005-01-24

393. CA GR SP UDK 5218: Teresita B. Torne vs. Social Security System
There being no petition filed by petitioner as of December 19, 2004, per report by the Judicial Records Division, despite the grant of a fifteen-day extension, or until October 7, 2004, to file the same, the instant case is hereby DISMISSED....
Promulgated on 2005-01-24

394. CA GR CV 79875: International Exchange Bank vs. Maneclang, et al
For failure of defendants-appellants to file their brief within the extended period granted which expired on October 5, 2004, as per report of the Judicial Records Division, the instant appeal is hereby considered ABANDONED and, consequently ordered DISMI...
Promulgated on 2005-01-24

395. CA GR SP 83811: Graeme Gilbert v. NLRC, et al
Petitioner Graeme Gilbert assails in this petition for certiorari under Rule 65 of the 1997 Rules of Civil Procedure the following actions of public respondent National Labor Relations Commission (NLRC):...
Promulgated on 2005-01-21

396. CA GR SP 80015: Antonio Paculba vs. NLRC, et al.
This is a Petition for Certiorari assailing the (a) Decision dated January 30, 2003 of the National Labor Relations Commission (NLRC), which reversed the Decision dated April 10, 2002 of Labor Arbiter Joel S. Lustria in OFW CASE NO. 01-03-0415-00...
Promulgated on 2005-01-21

397. CA GR SP 79888: Jasfer Philippines, v. Kun Chi Hsieh
This is a petition for review under Rule 42 of the 1997 Rules of Civil Procedure assailing the decision of the Regional Trial Court (RTC) of Pasig City, Branch 160, which modified the judgment of the Municipal Trial Court (MTC) of Pasig City, Branch 70, i...
Promulgated on 2005-01-21

398. CA GR CV 76160: Higinia Magno vs. Republic of the Philippines
The People s Tribune has appealed from the decision of the Municipal Trial Court, Mangaldan, Pangasinan dated April 25, 2002, in Land Registration Case No. 97-014, granting the petition for registration of the petitioner-appellee Higinia V. Magno....
Promulgated on 2005-01-21

399. CA GR SP 68056: Joaquin S. Bumanglag vs. Hon. Aniano A. Desierto, et al.
The undisputed facts of the case are as follows: F/Insp. Virgilio M. Acabal (Acabal, for brevity) had a case pending before the Office of the Deputy Ombudsman docketed as OMB-MIL-CRIM-00-0690 assigned to Atty. Gerald R. Varez (Varez, for brevity), Graft ...
Promulgated on 2005-01-21

400. CA GR SP 85987: Continental Watchman Agency vs. Department of Labor, et al
In this Petition for Certiorari under Rule 65 of the Rules of Court, petitioners assail the: (1) March 23, 2004 Order1 of the Secretary of the Department of Labor and Employment [DOLE] in Case no. NCR00-0302-IS-054, affirming the Regional Director s...
Promulgated on 2005-01-21

401. CA GR CV 58096: Rosario Puerto v. Glory LL Chanco
Subject of the present appeal is the October 21, 1997 decision of the Regional Trial Court of Quezon City, Branch 215 in Civil Case No. Q-94-20799, which disposed of the plaintiff-appellee s complaint for sum of money and damages against the defendant-app...
Promulgated on 2005-01-21

402. CA GR CV 74719: Carmen Daipan et al vs. Managbao Daodaoen, et al
Appeal from the consolidated decision of the Regional Trial Court of Abra, Branch 1, in Civil Cases Nos. 722 and 826, the dispositive portion whereof reads:...
Promulgated on 2005-01-21

403. CA GR CV 81904: First solid Builders v. Engr. Bart Cuenca
In view of the failure of the defendant-appellant to file his brief within the reglementary period despite receipt of the Notice To File Brief, the instant appeal is hereby DISMISSED pursuant to Section 1 (e), Rule 50 of the 1997 Rules of Civil Procedu...
Promulgated on 2005-01-21

404. CA GR CV 56768: National Power Corp. v. Jose Macasaet, et al
Subject of the present appeal is the October 29, 1996 decision1 of the Regional Trial Court of Pallocan, Batangas City, Branch 4 in the expropriation case filed by the plaintiff-appellant National Power Corporation against the defendant-appellees Coraz...
Promulgated on 2005-01-21

405. CA GR CV 82076: Filipino Society v. UPBeat Entertainment
In view of the failure of the defendant-appellant to file its brief within the reglementary period despite receipt of the Notice To File Brief,1 the instant appeal is hereby DISMISSED pursuant to Section 1 (e), Rule 50 of the 1997 Rules of Civil Procedur...
Promulgated on 2005-01-21

406. CA GR CV 70480: Sps. Pacita Tolentino & Ruben dela Cruz vs. Divina Tolentino, et al.
Defendants-appellants appealed from the Decision dated November 28, 2000 of the Regional Trial Court of Gapan, Nueva Ecija, Branch 36...
Promulgated on 2005-01-21

407. CA GR SP 88021: Heliodoro T. Rondina vs. NLRC, et al.
The Court resolves to DISMISS the herein petition for certiorari for late filing, as the petition was filed beyond the reglementary period of sixty (60) days fixed in Section 4, Rule 65 of the 1997 Rules of Civil Procedure....
Promulgated on 2005-01-21

408. CA GR SP 70749: Ultra Tech Construction vs. Cresto Trading Corp.
Before us is a Petition for Review under Rule 42 of the 1997 Rules of Civil Procedure seeking to reverse and set aside the Decision dated 8 February 2002 of the Regional Trial Court of Marikina City, Branch 193 (RTC) in Civil Case No. 2001-732-MK, entitle...
Promulgated on 2005-01-21

409. CA GR CV 66221: Alfredo P. Bustos vs. Eleanor G. Pasion; R.P.
This is an appeal filed by oppositor-appellant Republic of the Philippines, through the Office of the Solicitor General (OSG) questioning the December 15, 1998 Resolution of the Regional Trial Court of Muntinlupa City, Branch 276 in Civil Case No. 96-...
Promulgated on 2005-01-21

410. CA GR CR 27779: People vs. Nazor B. Rogacion
This is an appeal from the Decision dated March 28, 2002 of the Regional Trial Court of Para?aque City, Branch 257....
Promulgated on 2005-01-21

411. CA GR CR 00097: People vs. Agustin Abellera y Camana
HC -The victims, ARLENE and ANGELYN Abellera, instituted rape charges against their father, appellant Agustin Abellera y Camana, in four (4) separate Informations...
Promulgated on 2005-01-21

412. CA GR CR 00314: PEOPLE OF THE PHILIPPINES vs. RAUL HAVANA y CALDERON, et al.
On automatic review pursuant to A.M.-00-5-03-SC is the decision of the Regional Trial Court of Malolos, Bulacan, Branch 11, in Criminal Case No. 1656-M-2000, finding Raul Havana y Calderon, Rodolfo Ciata Carillo, Jr. and Noel Viojan GUILTY...
Promulgated on 2005-01-21

413. CA GR SP 57784: Rodolfo Hidalgo vs National Labor Relation Commission, ET AL.
Before this Court is a petition for certiorari under Rule 65 of the Rules of Court seeking to annul the following: a) the Decision promulgated on October 29, 1999 rendered by the National Labor Relations Commission, Third Division (hereinafter public re...
Promulgated on 2005-01-21

414. CA GR SP 69724: Sps. Valdez vs. Joaquin Zaquita
A complaint for forcible entry was filed by petitioners against respondent on February 4, 1999 with the Municipal Trial Court, Rodriguez, Rizal, alleging that on or about November, 1995, respondent, by means of strategy and stealth, unlawfully entered the...
Promulgated on 2005-01-21

415. CA GR SP 81613: Vivia Mamaril, et vs. Wilson Galang, et al
Considering that defendants-appellants have already been twice granted extensions for a total period of ninety (90) days ?...
Promulgated on 2005-01-21

416. CA GR SP 87306: Tabile vs. Florante Jose, et al
The Court granted petitioners an extension of fifteen (15) days from October 19, 2004 or until November 3, 2004 within which to file their intended petition for review and further directed petitioners to remit within two (2) days from notice the amount...
Promulgated on 2005-01-21

417. CA GR SP 87501: Mercedes Mayo Nieva, et al vs. Gen. Edgardo Aglipay, et al
This petition for habeas corpus was filed on November 22, 2004 by petitioners Mercedes Mayo Nieva and Anita Garcia Vibat, as the elder sister of Danilo Rejano Mayo and mother of Marie Anne Garcia Vibat, respectively, and as friends of the other persons ...
Promulgated on 2005-01-21

418. CA GR CV 80895: Metropolitan Bank vs. Flagstick, Inc., et al
Per report of the Judicial Records Division that no appellants brief has been filed notwithstanding the two (2) extensions of period granted to appellants which lasted until August 18, 2004, the present appeal is dismissed pursuant to Section 1(e), Rule 5...
Promulgated on 2005-01-21

419. CA GR SP 86666: A & F Dev. Corp. vs. Hon. Novato T. Cajigal, et al.
This treats of private respondent?s Motion for Reconsideration of the Resolution dated December 13, 2004....
Promulgated on 2005-01-21

420. CA GR SP 88143: Federico Sola vs Hon. Sixto Marella, Jr., et al.
For failing to contain a written explanation why the respondents were served with a copy of the petition through registered mails, and not personally, as required by Section 11, Rule 13 of the 1997 Rules of Civil Procedure, the instant petition is ordere...
Promulgated on 2005-01-21

421. CA GR CR 00086: People vs. Orlando Gavino
HC - This is an appeal from a decision of conviction of sexual assault of a minor which was referred to Us by the Supreme Court for intermediate review as it involves the supreme penalty of death....
Promulgated on 2005-01-21

422. CA GR CV 58251: Sps. Lee vs. Imelda D. Macol, et al.
Before US is an appeal from the decision rendered by the Regional Trial Court, Branch 73, Olongapo City, in Civil Case No. 348-0-90,...
Promulgated on 2005-01-21

423. CA GR SP 78389: Sps Vicente & Jane Baltazar vs. Iriga City RTC Judge Ernacio, Sps Domingo & Filomena Leonano, et al
Before us is a Motion for Reconsideration of the Decision promulgated by this Court on January 21, 2005 which granted the petition and ordered the annullment and setting aside of the Orders dated February 5, 2003 and May 29, 2003 of the respondent cour...
Promulgated on 2005-01-21

424. CA GR SP 79117: Comm. of Internal Revenue vs Antap Pawnshop Corp.
The Solicitor-General for the Commissioner of Internal Revenue (CIR) by this Petition for Partial Review, challenges the Court of Tax Appeals Decision1 and Resolution2 in CTA Case No.6510, rendered on May 14 and August 28, 2003, respectively, ruling that...
Promulgated on 2005-01-21

425. CA GR CV 65253: Sps. Apdo vs. Manila Electric Company
In filing this appeal from the Decision dated October 8, 1999 of Branch 81, Regional Trial Court, Quezon City, appellant Manila Electric Company argues that:...
Promulgated on 2005-01-21

426. CA GR SP 69449: ABC Minerals and Industrial Corp. vs. Q.C. RTC Judge Emilio Leachon, Septa Industrial Exponents Corp
This is a petition for review under Rule 42 of the 1997 Rules of Civil Procedure filed by petitioner ABC Minerals and Industrial Corporation to review the Decision of the appellate Regional Trial Court, Branch 223, Quezon City, dated October 24, 2001,...
Promulgated on 2005-01-21

427. CA GR SP 87975: Benigno Nicdao vs. Gregorio Mangoba, Salome Mangoba-Galope
This treats of the Motion for Reconsideration with Motion for Leave of Court to Admit Petition for Review dated January 7, 2005 filed last January 11, 2005. Even assuming that the petition was filed on January 11, 2005 (date of mailing) - a fact whi...
Promulgated on 2005-01-21

428. CA GR SP 71810: Biotech Reseach Laboratories Inc., Eliezer Del Mundo, Nilo Gonzales, et al. vs. NLRC, Manuel Antonio
A petition for certiorari seeking to set aside the Decision promulgated on March 26, 2002 by the respondent National Labor Relations Commission (NLRC) in NLRC CA No. 027740-01, which reversed and set aside the Decision dated October 17, 2000 of Labor...
Promulgated on 2005-01-21

429. CA GR SP 79738: PCI Leasing & Finance vs. Hon. Hilario Laqui, et al
BEFORE US is a motion for reconsideration filed by the petitioner through counsel on 23 September 2004, seeking for the reconsideration of the Decision dated 24 August 2004, the decretal portion of which reads:...
Promulgated on 2005-01-21

430. CA GR SP 83180: Sps. Bryan & Amy Oglesby vs. Sps. Raymond & Milagros Rosales
Before the Court is a Petition for Review seeking the reversal of the 05 March 2004 Decision of the Regional Trial Court, National Capital Judicial Region, Branch 98, Quezon City in Civil Case NO. Q-0350049...
Promulgated on 2005-01-20

431. CA GR CV 71541: Quezon Dev. Bank vs. Construction Services of Australia-Philippines, Inc. , et al.
Before this Court is an ordinary appeal on the 10 November 1999 Order (hereinafter referred to as the Assailed Order) of the Regional Trial Court, Branch 137, Makati City...
Promulgated on 2005-01-20

432. CA GR SP 86393: Alice Aguinaldo, et al vs. Office of the President, et al
This is a petition for review under Rule 43 seeking to reverse and set aside the Decision of the Office of the President dated May 13, 2004 dismissing petitioners appeal and affirming the Decision dated October 10, 2003 of the Housing and Land Use Regulat...
Promulgated on 2005-01-20

433. CA GR SP 79492: Cecilia C. Hortal, et al. vs. NLRC, et al.
Their claim for death benefits having been denied by public respondent National Labor Relations Commission, petitioners filed the present Petition for Certiorari under Rule 65 of the 1997 Rules of Civil Procedure assailing the 21 July 2003 Resolution of s...
Promulgated on 2005-01-20

434. CA GR SP 73186: Tom A. Alderete vs. NLRC (Third Div.), Asia Trust Development Bank
This is a petition for certiorari under Rule 65 of the 1997 Rules of Civil Procedure to annul and set aside the Decision of public respondent National Labor Relations Commission (Third Division) promulgated on May 21, 2002 affirming the Decision of the...
Promulgated on 2005-01-20

435. CA GR CV 68163: Betonval Ready Concrete, Inc. vs. Foundation Specialist, Inc.; Stronghold Insurance Co., Inc.
Whether a judgment creditor and his surety can be held liable for the damages sustained by a judgment debtor as a consequence of the improvident issuance of a writ of preliminary attachment in the principal action is the focal issue in these appeals from...
Promulgated on 2005-01-20

436. CA GR CR 25597: People vs. Butch Laguyo y Bayanan
Appeal from the consolidated decision of the Regional Trial Court (Branch 18, Manila), in Criminal Cases Nos. 95-143630 to 95-143632...
Promulgated on 2005-01-20

437. CA GR CR 20010: People vs. Alfredo Nuqui y Gener
Before us on appeal is the May 16, 1996 decision of the Regional Trial Court of Dinalupihan, Bataan, Branch 5, in Criminal Case No. DH-166-91, convicting accused-appellant Alfredo Nuqui y Gener (or appellant) of the crime of homicide and sentencing him as...
Promulgated on 2005-01-20

438. CA GR SP 83511: Cesar Santos vs. Pacita Manlutac, et al.
Before this Court is a Petition for Certiorari and Prohibition under Rule 65 of the Rules of Court which seeks to annul and set aside the Orders of the Regional Trial Court (RTC), Branch 101, Quezon City, dated November 21, 20031 and March 4, 2004....
Promulgated on 2005-01-20

439. CA GR CV 78039: International Exchange Bank vs. Artbitration Committee, et al
Upon motion of appellant Rizal Commercial Banking Corp. which the Court finds to be well-taken, its appeal ad cautelam is hereby DISMISSED for being moot and academic....
Promulgated on 2005-01-20

440. CA GR CV 60143: ASUNCION ZURAEK vs REPUBLIC OF THE PHILIPPINES
On appeal is the March 25, 1998 Order of the Regional Trial Court of Echague, Isabela, Branch 24 rendered in Special Proceedings No. 24-0092, the dispositive portion of which reads as follows:...
Promulgated on 2005-01-20

441. CA GR CV 65458: Provident Insurance vs. Candano Shipping
This is a case involving the liability of the owner or operator of a vessel for losses suffered by the cargo of the shipper....
Promulgated on 2005-01-20

442. CA GR CR 28840: PEOPLE OF THE PHILIPPINES vs ISAGANI BOBIS Y DISCAYA
The Motion to Withdraw Appeal filed by accused-appellant himself is hereby GRANTED....
Promulgated on 2005-01-20

443. CA GR CV 82912: PEOPLE OF THE PHILIPPINES, et al vs VIOLETO RICARTE, ET AL.
In the Report of the Judicial Records Division, no brief has been filed by appellants within the time provided by the Rules as per docket book entry....
Promulgated on 2005-01-20

444. CA GR CV 62190: Sps. Coching vs. Natividad N. Rosete, et al.
On appeal by plaintiffs Spouses Dominador and Asuncion Coching is the Order2 dated September 9, 1998 of the Regional Trial Court of Quezon City, Branch 92, in an action for Cancellation of Title, Quieting of Title (Removal of Cloud), Injunction and Damage...
Promulgated on 2005-01-20

445. CA GR CV 67685: Jocelyn Bunggo vs. Republic
This is an appeal from the Decision dated December 22, 1997 of the Regional Trial Court of the Regional Trial Court of Tanauan, Batangas, Branch 6 in Land Reg. Case No. T-302 granting the application for original land registration, as follows:...
Promulgated on 2005-01-20

446. CA GR CV 68558: PNB, ALAMINOS BRANCH VS. SPS. FERNANDO & DOLORES TAMAYO
For resolution is the appeal interposed by Spouses Ferdinand and Dolores Tamayo in Special Proceeding Case No. A-14262 denominated as "Petition for Ex-Parte, issuance of a Writ of Possession"...
Promulgated on 2005-01-20

447. CA GR SP 78737: RAMON C. GALICIA VS. HON. OMBUDSMAN, ET. AL.
The instant Petition for Review under Rule 43 of the Rules of Court seeks to annul the October 18, 2002 Decision1 rendered by public respondent OMBUDSMAN in an administrative case docketed as OMB. C-A-02-0215-F...
Promulgated on 2005-01-20

448. CA GR SP 87202: Sps. Gerry Sia vs. Freedom to Build, Inc., et al
Assailed in this petition for certiorari under Rule 65 are the following: (1) Order dated March 26, 2004 granting private respondent s motion to declare the petitioners in default and setting the reception of evidence ex-parte; (2) Order dated April 29,...
Promulgated on 2005-01-20

449. CA GR SP 68685: Thunder Security Agency vs. NLRC, Rene D. Oro, Rannie Tag-at, Wilfredo Balog, Robert Manzo, et al.
This is a petition for certiorari under Rule 65 of the 1997 Rules of Civil Procedure seeking to annul and set aside the Resolutions dated May 29, 2001 and September 25, 2001 of the National Labor Relations Commission, which affirmed the February 15, 200...
Promulgated on 2005-01-20

450. CA GR CR 23401: People vs. Nelia P. Escarcha
For allegedly engaging in illegal recruitment activities, Nelia P. Escarcha (or appellant) was charged with the crime of simple illegal recruitment before the Regional Trial Court of Manila (Branch 35) pursuant to an information which pertinently reads:...
Promulgated on 2005-01-20

451. CA GR SP 87197: AMELIA B. REPIL vs JETSONS ENTERPRISES INC.
This resolves petitioner's Motion For Reconsideration of our Resolution dated December 9, 2004....
Promulgated on 2005-01-20

452. CA GR SP 92407: SPO4 CERELINO MON vs PO3 ALAIN SIGUA ET AL.
After a close examination of the instant petition, as well as the documents attached thereto, We find the following defects which warrant its outright dismissal: 1. There is no explanation why service of the petition was not done personally as mandate...
Promulgated on 2005-01-20

453. CA GR SP 85319: Hilario P. Soriano vs. Ombudsman Simeon V. Marcelo, et al.
This Petition for Certiorari under Rule 65 of the 1997 Rules of Civil Procedure calls for the reversal of the October 25, 2002 Order1 of the Office of the Ombudsman that dismissed the administrative charges against respondent Ramon Garcia...
Promulgated on 2005-01-20

454. CA GR SP 58001: Alejandra Salvador vs. Hon. Judge Jaime F. Bautista, et al.,
This is a petition for certiorari assailing the orders dated September 10, 1999 and February 2, 2000 of the lower court (RTC, Br. 75, Valenzuela City) in Civil Case No. 24-V-98...
Promulgated on 2005-01-20

455. CA GR SP 87486: Emilia Valdez-Daguio vs. Judina Valdez-Baylon
Early on, petitioner was given a non-extendible period of fifteen (15) days from expiry date within which to file her petition for review. In due time petitioner filed her petition for review which however, suffers from certain deficiencies....
Promulgated on 2005-01-20

456. CA GR CV 44630: Domingo,Angelina,Loreta Gilledo vs Jose Gilledo
Before this Court on appeal is the Decision dated December 15, 1992 issued by the Regional Trial Court (RTC) of La Carlota City, Negros Occidental, Branch 63, in Civil Case No. 47 for reconveyance with damages and annulment of sale. The dispositive portio...
Promulgated on 2005-01-20

457. CA GR CV 75527: Sps. Efipanio Nacario vs. Rebecca Alba, et al
The appellees spouses Efipanio and Adelaida Nacario (or the Nacarios unless individualized by their first names) filed a suit which they styled as one for Recovery of Possession, declaration of Nullity & Damages against the appellant Gerry Alba (or Alb...
Promulgated on 2005-01-20

458. CA GR SP 82730: TRASS CONSTRUCTION CO., INC. vs. HON. PATRICIA STO. TOMAS, ET AL.
This is a petition for certiorari with prayer for the issuance of a temporary restraining order assailing: (1) the Order dated June 4,2003 of the Acting Secretary of Labor and Employment affirming the Order of the Regional Director dated September 20, 200...
Promulgated on 2005-01-20

459. CA GR SP 76588: LAMBERTO C. PEREZ, ET. AL. VS. SECRETATY OF JUSTICE, ET. AL.
When is a Trust Receipt considered as such in the real sense of the word? This is the question that the instant petition for certiorari and prohibition seeks to answer. The petition is assailing the Resolution dated August 1, 2002...
Promulgated on 2005-01-20

460. CA GR SP 88098: PNB vs. Hon. Placido Marquez, et al
Before this Court is a Petition for Certiorari dated 20 December 2004 under Rule 65 of the 1997 Rules of Civil Procedure, which was filed on 21 December 2004....
Promulgated on 2005-01-20

461. CA GR CV 74248: Katrina Isabel Samson Yulo vs. Republic
Before Us for resolution is a Motion for Reconsideration filed by the Oppositor-appellant herein on October 07, 2004 (pages 80-86 of the Rollo), on Our Decision (promulgated on September 17, 2004), affirming in toto the lower court s decision (page 8 of t...
Promulgated on 2005-01-20

462. CA GR CV 70110: POMPEY M. & DIOCELYN B. DAMATAC vs. APOLONIA MEDRANO
On June 11, 1997, plaintiffs-appellants filed an action for Reivindicacion with Damages against defendant-appellee where the former prayed that they be declared the owners of the land in suit and the latter to vacate a portion occupied by her (Record, pp....
Promulgated on 2005-01-20

463. CA GR CV 82717: Salvador Trillanes, et al vs. Amado Plopino
For failure of the defendant-appellant to file his brief within the reglementary period despite notice, the appeal is declared ABANDONED and hereby DISMISSED, pursuant to Section 1 (e), Rule 50 of the 1997 Rules of Civil Procedure....
Promulgated on 2005-01-20

464. CA GR CV 74458: First Dominiom, et al vs. Horizon Can Corp. et al
Before Us for resolution is a Motion for Reconsideration filed by creditor appellant China Banking Corporation on October 12, 2004 (pages 254-276 of the Rollo), on Our Decision (promulgated on September 21, 2004), affirming in toto the lower court s decis...
Promulgated on 2005-01-20

465. CA GR SP 87831: Benjamin Navarro vs. NLRC, et al
Pursuant to Section 3, Rule 46 in relation to Section 1, Rule 65 of the 1997 Rules of Civil Procedure, the instant petition for certiorari is DISMISSED outright for failure to attach certified true copies or duplicate original of the resolutions subject o...
Promulgated on 2005-01-20

466. CA GR CV 79134: Reynaldo Briones vs. PNP et al
Before Us for resolution is a Motion for Reconsideration filed by plaintiff-appellant on November 08, 2004 (pages 91-96 of the Rollo), on Our Decision (promulgated on October 20, 2004), affirming in toto the lower court s decision (page 16 of the Assailed...
Promulgated on 2005-01-20

467. CA GR SP 77046: Adtel Inc., vs. NLRC,A, et al
Before Us for resolution is a motion for reconsideration filed by herein petitioners, seeking reconsideration of Our August 16, 2004 Decision which denied due course to the petition....
Promulgated on 2005-01-20

468. CA GR SP 80149: SPS. DOMINADOR & LYDIA CABERTO vs. HON. BITTY G. VILIRAN
Before Us is a petition for certiorari under Rule 65 of the 1997 Rules of Civil Procedure seeking the nullification of the August 5, 2003 Order rendered by Regional Trial Court of Tarlac City disapproving the Spouses Caberto's notice of appeal as well a...
Promulgated on 2005-01-19

469. CA GR CR 28710: People vs. Rodolfo Garay
On October 28, 2004, Atty. Ernesto Jaravata, counsel for accused-appellant, received the notice to file brief in instant case. The thirty (30)-day period to file appellant?s brief therefore expired on November 27, 2004....
Promulgated on 2005-01-19

470. CA GR SP 86055: Violeta E. Meronis vs. NLRC, Philippine Corinthian Liner, Carmelita San Diego
This is a petition for certiorari under Rule 65 of the 1997 Rules of Civil Procedure seeking to annul and set aside the Resolutions dated February 27, 2004 and May 31, 2004 of the National Labor Relations Commission. The facts, as culled from the reco...
Promulgated on 2005-01-19

471. CA GR CV 83015: The Intestate Estate of the late Sps. Ignacio & Maria Meliton vs. DAR, et al.
The Notice to File Brief sent to Atty. Heidi B. Vista-Gumba, counsel for plaintiff-appellant was RETURNED to this Court with postal notation UNCLAIMED on the envelope; whereas, copy of said notice sent directly to plaintiff-appellant was received on Octob...
Promulgated on 2005-01-19

472. CA GR CR 00101: People vs. Alfredo Alonzo
H.C. Before the Court for review pursuant to the ruling in People vs. Efren Mateo, G.R. Nos. 147678-87, July 7, 2004 and A.M. No. 00-5-03-SC, is the Decision dated May 27, 20021 in Criminal Case No. 2643 of Branch 96, Regional Trial Court, Baler, Aurora...
Promulgated on 2005-01-19

473. CA GR SP 84356: SPOUSES MAGDALENA and CORNELIO SAMSON vs. HON. CESAR M. SOLIS, et al.
This is a petition for certiorari under Rule 65 of the Revised Rules of Court assailing the Order dated January 5, 2003 (Annex A, Petition; p. 20, Rollo) of Branch 14 of the Regional Trial Court of Manila in Civil Case No. 02-104251, entitled "Luzvimi...
Promulgated on 2005-01-19

474. CA GR SP 78563: Commissioner of Customs vs. Court of Tax Appeals, et al.
With the taking into effect of Republic Act No. 9282, ?An Act Expanding the Jurisdiction of the Court of Tax Appeals (CTA), Elevating its Rank to the Level of a Collegiate Court with Special Jurisdiction and Enlarging its Membership,...
Promulgated on 2005-01-19

475. CA GR CR 00154: PEOPLE OF THE PHILIPPINES vs. MAMA MOTI Y HASSIM
This case involves the unlawful sale of 202 grams of Methamphetamine Hydrochloride (shabu), a regulated drug, in violation of Section 15, Article III of Republic Act 6425, as amended, otherwise knows as The Dangerous Drugs of 1972....
Promulgated on 2005-01-19

476. CA GR SP 87693: William Lasaga and Janice Lasaga vs Danilo C.,Carmencita C. De Castro
Subject to its timeliness, petitioners' Motion for Extension of Time to File Petition for Review is GRANTED and the Petition filed on December 17, 2004 is ADMITTED. A perusal of the petition shows that the same is defective...
Promulgated on 2005-01-19

477. CA GR CV 66528: Rosario del Rosario vs. Herman Cobales; R.P.
This is an appeal filed by Oppositor-appellant Republic of the Philippines, through the Office of the Solicitor General (OSG) assailing the May 12, 1999 Decision (Rollo, pp. 47-50) of the Regional Trial Court of Las Pinas City, Branch 275 in Civil Case N...
Promulgated on 2005-01-19

478. CA GR SP 45942: Mario Nequinto vs. Q.C. RTC Br.83 Judge Estrella T. Estrada, Q.C. Register of Deeds, Jacinto C. Lim
This is a petition filed pursuant to Rule 47 of the 1997 Rules of Civil Procedure, seeking to annul the Order dated August 29, 1997 of respondent Judge Estrella Estrada in Civil Case No. Q-45933, entitled "Jacinto C. Lim vs. Magdalena A. Mangyari", an...
Promulgated on 2005-01-19

479. CA GR CV 52934: American Home Assurance Co. vs. Scandutch, et al.
This is an appeal from the decision dated March 20, 1995 rendered by the Regional Trial Court, Branch 33, Manila in Civil Case No. 83-21153....
Promulgated on 2005-01-19

480. CA GR SP 86611: Rebecca Rowena D. Alcantara vs. Pasay City RTC Br.113 Judge Caridad Grecia-Cuerdo, Romeo R. Que
A petition for certiorari and mandamus filed by Rebecca Rowena D. Alcantara, represented by her attorney-in-fact Gil Alcantara, against the spouses Romeo and Maria Recto-Que, and Judge Caridad H. Grecia-Cuerdo of the Regional Trial Court of Pasay Cit...
Promulgated on 2005-01-19

481. CA GR SP 60722: NAPOCOR, vs. Hon. Santos Adiong, et al
The OSG s motion for extension of twenty (20) days or until November 20, 2004 within which to file Comment on the motion for reconsideration is GRANTED, and the Comment filed on November 12, 2004 ADMITTED....
Promulgated on 2005-01-19

482. CA GR SP 75994: Rolando Bukalan vs. Coca Cola Bottlers, Phil., Inc., et al.
Sought to set aside in the instant petition for certiorari, is the Decision of the National Labor Relations Commission (NLRC for brevity) rendered on September 30, 2002, which dismissed the appeal of the petitioner from the judgment...
Promulgated on 2005-01-19

483. CA GR CV 74358: Jocelyn Pepito, et al v. Sps.Emilio Casimiro, et al
Before this Court is an appeal from the order of the Regional Trial Court of Las Pi?as City, Branch 255 dated April 30, 2001 dismissing the Petition for Issuance of Letters of Administration filed by the petitionerappellant, through her counsel, for fail...
Promulgated on 2005-01-19

484. CA GR SP 82163: Arnaldo E. Escober, Sr. vs. Hon. Leonor Gerona-Romeo, et al.
Before the Court is a Petition for Certiorari (Rollo, pp. 2-24) assailing the Order (Rollo, pp. 25-29) of the Regional Trial Court of Gubat, Sorsogon, Branch 54 in Criminal Case No. 2314 which denied the application for bail filed by petitioner Arnaldo Es...
Promulgated on 2005-01-19

485. CA GR CV 82235: Anita P. Vda. de Silvestre, et al. vs. Emilia Tomas
Records show that the Notice to File Brief was received by Atty. Guillermo C. Bumanlag, counsel for defendant-appellant, on September 6, 2004....
Promulgated on 2005-01-19

486. CA GR CV 80171: Melanie Bacani vs Jerry Palanca et.al.
Edmundo Alberto Francisco and Jerry Palanca seek a reversal of the September 11, 2003 Decision of the Regional Trial Court of San Fernando City, La Union, Branch 16, in Civil Case No. 6383 for damages arising from a quasi-delict....
Promulgated on 2005-01-19

487. CA GR SP 82892: DR. PROSPERO PILAR vs. SAMUEL PARILLA, et al.
This is a petition for review of the Decision dated November 13, 2003 (Annex "A", Petition) of Branch 20, Regional Trial Court of Vigan City, Ilocos Sur, in Civil Case No. 5839-V in the case,...
Promulgated on 2005-01-19

488. CA GR CV 58788: HYCL Phil. Inc. vs. Country Bankers
This is an appeal from the decision dated April 24, 1995 of the Regional Trial Court (RTC) of Manila, Branch 13, in a case for Indemnification with Damages entitled ?HYCL Philippines, Inc. vs. Country Bankers Insurance Corporation, docketed therein as Civ...
Promulgated on 2005-01-19

489. CA GR SP 80640: REYNILO Q. BAROMAN vs NLRC, et al
Before this Court is a Petition for Certiorari in accordance with Rule 65 of the 1997 Rules of Civil Procedure, seeking to annul and set aside, on ground of grave abuse of discretion, the Decision promulgated on June 25, 2003 by public respondent Natio...
Promulgated on 2005-01-19

490. CA GR CV 48565: Minerva Damiray Quines, et al., vs The Phil. National Bank Mamburao Branch, et al.,
Before this Court on appeal is the Order dated December 8, 1994 issued by the Regional Trial Court (RTC), Branch 46, San Jose, Occidental Mindoro, dismissing Civil Case No. R-877 for recovery of ownership and cancellation of Title No. T-16209 with prayer...
Promulgated on 2005-01-19

491. CA GR SP 80106: PHIL-JAPAN INDUSTRIAL MANUFACTURING CORP vs SEC STO TOMAS, et al
Before Us is a Petition for Certiorari under Rule 65 of the 1997 Rules of Civil Procedure, seeking to annul and set aside, on ground of grave abuse of discretion, the Decision dated August 25, 2003 of the Department of Labor and Employment (DOLE),...
Promulgated on 2005-01-19

492. CA GR CV 76581: Equitable PCI Bank vs. Sps. Ramon & Virginia Yu
This is an appeal from the Decision dated October 9, 2001 of the Regional Trial Court of Quezon City, Branch 90 in LRC Case No. Q-11758 (99) which is an ex-parte petition for the issuance of a writ of possession filed by herein petitioner-appellee Equitab...
Promulgated on 2005-01-19

493. CA GR SP 84647: Dalmacio v. Abear
What constitutes excusable negligence or mistake in the filing of a motion for new trial is the main issue in this petition for certiorari under Rule 65 of the 1997 Rules of Civil Procedure, which specifically assails the following orders of the public r...
Promulgated on 2005-01-19

494. CA GR CR 00090: People v. Florante Pagtakhan
In the case of People of the Philippines vs. Efren Mateo y Garcia, the Supreme Court, in accordance with its power to promulgate rules of procedure, modified the pertinent provisions of the Revised Rules on Criminal Procedure, more particularly Sections...
Promulgated on 2005-01-19

495. CA GR SP 87532: Virginia Yuson, et al. vs. Home Insurance & Guaranty Corp. (HIGC)
Before us is a Petition for Review of the decision dated April 30, 2004 of the Regional Trial Court of Para?aque City, Branch 257, in Civil Case Nos. 03-0568 to 03-0594 entitled Home Insurance and Guaranty Corp. vs. Virginia Yuson, et. al....
Promulgated on 2005-01-19

496. CA GR SP 82934: Ernesto Ramos vs. Speednet Inc., et al
Before Us is a Petition for Certiorari under Rule 65 of the 1997 Revised Rules of Court with petitioner seeking for the nullification and setting aside of public respondent s Order, dated 15 March 20041, denying petitioner s Motion to Dismiss Civil Case N...
Promulgated on 2005-01-19

497. CA GR SP 84152: Felix Peynera et al, vs. Pag-asa Abesamis, et al
This petition which assails the Orders dated November 13, 2003 and May 4, 2004, respectively, issued by the Department of Agrarian Reform Adjudication Board (DARAB) was erroneously brought to this Court via a petition for review under Rule 43 of the Ru...
Promulgated on 2005-01-19

498. CA GR SP 78117: Jose V. Toledo vs. ARC Marketing Corp.
Before us for review is the decision dated June 11, 2001 of the Regional Trial Court of Quezon City, Branch 216, in Civil Case No. Q-01-43270, which affirmed the decision of the Metropolitan Trial Court of Quezon City, Branch XLII (METC) in Civil Case No....
Promulgated on 2005-01-19

499. CA GR SP 48074: Tan Kee Suy, Jr vs Judge Virgilio D. Quijano, et al.
Before this Court is a petition for certiorari and mandamus under Rule 65 of the Rules of Court which seeks to annul and set aside the Order3 dated December 17, 1997 issued by the Regional Trial Court (RTC), Branch 20, National Capital Judicial Region, Ma...
Promulgated on 2005-01-19

500. CA GR CV 60086: Constancia B. Kapuno vs. Petron Corp.
This is an appeal by writ of error from the decision of the lower court (RTC, Br. 26, Manila) in Civil Case No. 95-75638,...
Promulgated on 2005-01-19

501. CA GR CV 79211: NAPOCOR vs Benjamin Ong Co, et al.
We have assiduously perused the ratiocinations and arguments in appellant's Motion For Partial Reconsideration as well as those contained in the appellee's Comment thereon and found the motion offering no compelling reason to modify, reverse and set asi...
Promulgated on 2005-01-19

502. CA GR CV 71850: SPS. EFREN E. & JOSEFINA REY-HIPOLITO vs. SPS. NORBERTO S. & ELNA M. SESE
Before Us on appeal is the decision of the Regional Trial Court, Branch 223 of Quezon City in Civil Case No. Q-00- 0596 for sum of money and damages, filed on April 17, 2000 by the plaintiff spouses EFREN E. REY-HIPOLITO and JOSEFINA RAY-HIPOLITO against...
Promulgated on 2005-01-19

503. CA GR SP 87728: Jaat Recruitment & Resources Agency vs. Thelma Rocil, et al.
The Court resolves to DISMISS the herein Petition for Certiorari based on the following procedural flaws: (1) failure to file the petition within the 60-day period as required by Section 4, Rule 65 of the 1997 Rules of Civil Procedure;...
Promulgated on 2005-01-19

504. CA GR CV 80876: Teofila C. Estrella vs. Juan San Antonio
Before this Court is an appeal from the decision dated August 13, 2003 of the Regional Trial Court, Third Judicial Region, Branch 81, Malolos City, Bulacan, in Civil Case No. 678-M-97 entitled Teofila Estrella, Plaintiff, vs. Juan San Antonio, Defendant...
Promulgated on 2005-01-19

505. CA GR CV 78803: Gerrit Vreugdenhil vs. Christer Bigander, et al.
Before this Court is an appeal from the Decision dated February 21, 2003 of the Regional Trial Court, Fourth Judicial Region, Branch 40, Calapan City, Oriental Mindoro, in Special Civil Action No. R-5090 for Foreclosure of Mortgage and Damages,...
Promulgated on 2005-01-19

506. CA GR SP 84786: Romeo C. Gruzo vs. Filcel Manufacturing Corp., et al.
This is a Petition for Review under Rule 43 of the Rules of Civil Procedure of the March 10, 2004 Decision handed down by the Executive Board of the Employees Compensation Commission (ECC), in ECC Case No. SM-15990-1003-03, which denied petitioner?s appea...
Promulgated on 2005-01-19

507. CA GR CV 82262: Mariano D. Vital vs. Marcelinda Anacleto
Records show that on September 20, 2004, petitionerappellant's counsel received this Court's Notice to file Brief2 and petitioner-appellant had until November 4, 2004 to file his appellant's brief....
Promulgated on 2005-01-19

508. CA GR SP 83757: Lolita dela Cruz, et al. vs. Lina L. Duque
For failure to tender new matter of substance that would warrant the modification or reversal of the decision dated November 10, 2004, this Court resolves to DENY petitioners? Motion for Reconsideration....
Promulgated on 2005-01-19

509. CA GR SP 80480: Mattel, nc. vs Hon. Emma C. Francisco, et al.
We have carefully perused petitioner's Motion for Reconsideration dated July 12, 2004, and found it offering no valid, justifiable reason to modify or reconsider the Decision issued in this case dated June 11, 2004. Furthermore, the arguments therein con...
Promulgated on 2005-01-19

510. CA GR CR 00067: People v. Rolando Reyes
For automatic review before this Court is the January 11, 2002 decision of the Regional Trial Court (RTC) of Bayombong, Nueva Vizcaya, Branch 27, in Criminal Case Nos. 3346, 3347, 3348, and 3349, finding Rolando Reyes y Nace guilty beyond reasonable doub...
Promulgated on 2005-01-19

511. CA GR SP 87871: NBI and Lec Steel Corp. vs Hon. Antonio M. Eugenio, Jr
Before Us is a petition for certiorari which seeks to annul and set aside the Order dated September 8, 2004 of the Regional Trial Court of Manila, Branch 24, in Search Warrant No. 04-5389 as well as its Order dated October 29, 2004 denying the Motion for...
Promulgated on 2005-01-19

512. CA GR CV 70034: FRANCISCO VILLAFRIA vs. LEONARDO REYNA, ET AL.
On August 29, 1994, plaintiff-appellee filed a Complaint for Collection of Sum of Money against defendants-appellants based on a document entitled PAGTUTUOS NG PAGKAKAUTANG dated April 14, 1992.On February 1, 1996, the parties executed a Compromise Agreem...
Promulgated on 2005-01-19

513. CA GR SP 83759: Robert P. Martel vs. Hon. Rebecca R. Mariano, et al.
This is a petition for certiorari and prohibition under Rule 65 of the 1997 Rules of Civil Procedure, whereby Petitioner seeks to annul the Temporary Protection Order (TPO for brevity) dated 04 May 2004 issued by public respondent, the Honorable Judge Reb...
Promulgated on 2005-01-19

514. CA GR CV 75529: Lucerio Manlangit, et al. vs. Phil. Chinese Charitable Asso., Inc.
Per report of the Judicial Records Division (JRD) dated January 10, 2005 (p. 84, Rollo), that no Appellants? Brief has been filed within the prescribed period therefor, the herein appeal is hereby DISMISSED pursuant to Section 1 (e) of Rule 50 of the 199...
Promulgated on 2005-01-18

515. CA GR SP 87159: Sps. Gil & Cecilia Vicente vs. Hon. Juan Nabong, Jr., et al
Consolidated petition Sp. 87159 & Sp. 87406 The infamous Multitel pyramid scandal outraged the nation when reports that Rosario Rose Baladjay and other officers of Multitel International Holdings, Inc., and its network of companies, supposedly laundered...
Promulgated on 2005-01-18

516. CA GR SP 81665: Francisca Salamat vs. Hon. Cesar M. Solis, et al.
This is a petition for certiorari under Rule 65 of the Rules of Court assailing the order of public respondent dated October 7, 2003,1 dismissing petitioner's complaint for failure to file the pre-trial brief, and the order dated November 19, 20032 denyin...
Promulgated on 2005-01-18

517. CA GR SP 81388: True Logistics Corp. vs. NLRC, et al.
True Logistics Corporation (hereinafter referred to as petitioner), in this petition for certiorari1, seeks to annul the Decision dated 30 June 2003 of public respondent National Labor Relations Commission (NLRC) reversing the Decision dated 28 October 20...
Promulgated on 2005-01-18

518. CA GR SP 83213: PERCIVAL M. REYES, et al. vs. CATHAY METAL CORPORATION, et al.
THE PETITIONERS ARE SEEKING THE RECONSIDERATION OF THE RESOLUTION OF AUGUST 16, 2004 WHEREBY THE CASE WAS DISMISSED FOR NON-COMPLIANCE WITH THE RESOLUTION OF JUNE 11, 2004 REQUIRING THEM TO SHOW CAUSE WHY THE PETITION SHOULD NOT BE DISMISSED FOR BEING...
Promulgated on 2005-01-18

519. CA GR CV 68762: The Region Bank (Los Banos Rural Bank, Inc.) vs. Sps. Co.
On appeal is the decision rendered by the Regional Trial Court, Binan, Laguna, Branch 24, in LRC Case No. B-2569, the dispositive portion of which reads:...
Promulgated on 2005-01-18

520. CA GR SP 71545: AUDACIOUS SERVICES, INC. AND NICANOR M. BRIONES vs. NLRC, et al.
The petitioners pray, through their motion for reconsideration, that the decision dated August 30, 2004 be reconsidered and set aside and another decision be rendered absolving them from liability....
Promulgated on 2005-01-18

521. CA GR SP 84145: INTEGRAL SECURITY SAFETY SERVICES, INC., et al. vs. NLRC, et al.
IN SEEKING THE RECONSIDERATION OF THE RESOLUTION OF JULY 19, 2004 DISMISSING THE PETITION FOR CERTIORARI, THE PETITIONERS ALLEGE THAT THE PETITION WAS TIMELY FILED SINCE THE QUESTIONED RESOLUTION OF THE NATIONAL LABOR RELATIONS COMMISSION (NLRC) DATED...
Promulgated on 2005-01-18

522. CA GR SP 87157: HEIRS OF RAYMUNDO MACARAEG, et al. vs TRINIDAD SALAZAR and ANICETA SALAZAR
Before Us is petition seeking to nullify the 25 July 2003 decision of this Court's Special Sixth Division in CA-G.R. CV No. 70161, and the 21 October 1986 and 7 November 1986 orders of the Regional Trial Court of Tarlac, Branch 63 in Case No. L-2829....
Promulgated on 2005-01-18

523. CA GR SP 83737: Union Bank of the Philippines vs. Hon. Reuben P. dela Cruz, et al.
This is a Petition for Certiorari with prayer for the issuance of a temporary restraining order and/or writ of preliminary injunction under Rule 65 of the 1997 Rules of Court seeking the reversal and setting aside of the Order dated February 17, 2004 is...
Promulgated on 2005-01-18

524. CA GR SP 72774: ING BANK (MANILA BRANCH), vs. Commissioner of Internal REvenue
In our Resolution dated August 12, 2004, this Court referred instant petition to the Court of Tax Appeals (CTA) en banc for adjudication. It is our position that under the pertinent provisions of R.A. 9282, this Court no longer exercises jurisdiction ove...
Promulgated on 2005-01-18

525. CA GR SP 78288: Kepco Philippines, vs. Commissioner of Internal Revenuce
In our Resolution dated August 12, 2004, this Court referred instant petition to the Court of Tax Appeals (CTA) en banc for adjudication. It is our position that under the pertinent provisions of R.A. 9282, this Court no longer exercises jurisdiction over...
Promulgated on 2005-01-18

526. CA GR SP 85781: Lawrence Guerrero, et al vs. Filidian Rural Bank, et al
Before Us is a Petition for Certiorari under Rule 65 of the 1997 Revised Rules of Court with petitioners seeking for the nullification and setting aside of the: a.) Trial Court s Decision, dated 28 June 2002, granting private respondent s Ex-Parte Petitio...
Promulgated on 2005-01-18

527. CA GR SP 87503: Eduardo Asuncion Dumrique vs. Hon. Gregorio L. Rosete, et al.
Before us is a petition for certiorari under Rule 65 of the 1997 Rules of Civil Procedure which seeks to set aside the Order1 dated October 11, 2004 issued by public respondent Judge Gregorio L. Rosete of the Municipal Trial Court of Paniqui, Tarlac in...
Promulgated on 2005-01-18

528. CA GR CR 00046: People vs. Rogelio Arsayo
HC - A case for rape of a minor referred to Us by the Supreme Court for intermediate review as it involves the penalty of reclusion perpetua....
Promulgated on 2005-01-18

529. CA GR SP 77657: UBM Corp., et al. vs. NLRC, et al.
Aggrieved by the Decision of 27 November 2002 of public respondent NATIONAL LABOR RELATIONS COMMISSION [NLRC] which affirmed with modification the findings and conclusion of the labor arbiter, as well as by its Resolution of 15 April 2003 that denied th...
Promulgated on 2005-01-18

530. CA GR SP 88016: Taiwan Hitachi v. NLRC, et al
The instant Petition For Certiorari With Urgent Application For Temporary Restraining Order And Writ Of Preliminary Injunction filed by the petitioner, through its counsel, is ordered DISMISSED outright for being filed out of time....
Promulgated on 2005-01-18

531. CA GR SP 77504: International School Classified Staff Union-Samahan Manggagawang Pilipino-NATOW vs. NLRC, et al.
Submitted for resolution are the Joint Manifestation with Motion to Dismiss filed by Myrna Perez, President of petitioner-union and counsel for private respondent, with the comment thereto of Tita Bruce and counsel for petitioner....
Promulgated on 2005-01-18

532. CA GR CV 82396: Francisco Maliwat vs. Sps.edro Beltran, et al
Section 1 (e), Rule 50 of the 1997 Rules of Civil Procedure, as amended, provides:...
Promulgated on 2005-01-18

533. CA GR CV 75847: SPS. FERNANDO TORRES & IRMA TORRES vs AMPARO MEDINA, ET AL.
In their Motion for Reconsideration of the Decision dated August 30, 2004, no new matters have been raised by plaintiffs-appellants....
Promulgated on 2005-01-18

534. CA GR SP UDK 5274: Phil. Datus Cultural Minorities Assistance, Inc., et al. vs. NAIA, The Managers, et al.
A careful perusal of the petition reveals that it suffers from the following formal defects: - Docket fees not remitted; Verification lacks the assurance that the allegations in the Petition are based on authentic records;...
Promulgated on 2005-01-18

535. CA GR CR 25618: PEOPLE OF THE PHILIPPINES vs MANOLITO ORROS Y TONGCO
Before Us is an appeal from the Decision dated May 24, 2001 of the Regional Trial Court, Branch 84, Quezon City in Criminal Case No. Q-99-85696 entitled "People of the Philippines, Plaintiff versus Manolito Orros y Tongco, Accused"....
Promulgated on 2005-01-18

536. CA GR CV 77153: Sps. Silvino and Erlinda Samiano et.al., vs Leodegario and Lina Ilag et.al.,
On April 13, 2004, this Court granted defendantsappellants an extension of sixty (60) days or until October 31, 2004, within which to file their brief. To this date, however, no appellants brief has as yet been filed....
Promulgated on 2005-01-18

537. CA GR SP 87952: Lepanto Consolidated vs, NLRC, et al
This pertains to the Petition for Certiorari filed by the petitioner through counsel on 22 December 2004....
Promulgated on 2005-01-18

538. CA GR SP 85153: Cement Center Inc., vs Hon. Secretary-DENR et.al.,
This is a Petition for Mandamus under Rule 65 of the 1997 Rules of Civil Procedure, as amended, to compel public respondent Secretary of the Department of Environment and Natural Resources to issue a writ of execution in DENR-NCR Case No. 92-118 (MSA Bo....
Promulgated on 2005-01-18

539. CA GR CV 66821: Roberto F. del Castillo, et al. vs. Sps. del Castillo, et al.
Plaintiffs-appellants Roberto F. Del Castillo, Mira F. Del Castillo, Carlos F. Del Castillo, Arturo S. Del Castillo and Modesto S. Del Castillo appeal the Decision dated January 28, 2000 of the Regional Trial Court, Branch 69, Lingayen, Pangasinan which d...
Promulgated on 2005-01-18

540. CA GR CV 64981: Jaime Sahagun, et al. vs. Moises Alvarez
Before this Court is an appeal from the Decision dated July 19, 1999 of the Regional Trial Court, Branch 30, San Pablo City which dismissed the Complaint for Quieting of Title filed by plaintiffs-appellants...
Promulgated on 2005-01-18

541. CA GR SP 81797: VC Building Trades & Woodworks, et al. vs. NLRC, et al.
This is a petition for certiorari under Rule 65 of the 1997 Rules of Civil Procedure seeking the nullification of the August 26, 2003 Decision of the public respondent NLRC as well as its October 30, 2003 Resolution denying the motion for reconsideration...
Promulgated on 2005-01-17

542. CA GR CV 82902: Sps. Francisco Galman Cruz, et al vs. Roberto Pagdanganan, et al
The right to appeal is neither a natural right nor a part of due process. The party who seeks to avail of the same must comply with the requirements of the rules, failing to do so the right to appeal is lost....
Promulgated on 2005-01-17

543. CA GR SP 78466: Francisco Capili vs. Hon. Sesinando E. Villon
This is a petition for certiorari under Rule 65 praying that the July 4, 2003 Order of the Regional Trial Court of Manila, Branch 23, denying the release of a motor vehicle taken into custody by the police be annulled and/or vacated and that another one b...
Promulgated on 2005-01-17

544. CA GR CV 62358: GLORIA S. TAN, et al. vs MARGARITA S. INGCO, et al.
This is an ordinary appeal under Rule 41 of the 1997 Rules of Civil Procedure, filed by Spouses Mario Ingco and Margarita Ingco ("Spouses Ingco"), seeking the reversal of the Decision1 dated August 12, 1998 rendered in Civil Case No. Q95-22729 by the...
Promulgated on 2005-01-17

545. CA GR SP 66748: LBC Mabuhay USA Corporation vs Hon Fernando Vil. Pamintuan,ET AL
Before this Court is a petition for certiorari and prohibition with prayer for the issuance of temporary restraining order and/or writ of preliminary injunction under Rule 65 of the Rules of Court which seeks to annul and set aside the Order3 dated June...
Promulgated on 2005-01-17

546. CA GR CV 82104: Sps. Alexander Gaw Di, vs. Sps. Norberto Barredo, et al
Per Report of the Judicial Records Division dated 3 January 2005, the appeal is hereby DISMISSED for appellants failure to file their brief within the reglementary period pursuant to Section 1 (e), Rule 50 of the 1997 Rules of Civil Procedure, as amended...
Promulgated on 2005-01-17

547. CA GR SP 80290: Teofista P. Tinitigan, et al. vs. Cham Man Ley, et al.
Petitioners filed the instant petition under Rule 65 of the 1997 Rules of Civil Procedure seeking for the issuance of writs of certiorari and prohibition, and the reversal and/or setting aside of the Orders dated May 3, 20021 and September 12, 20032 of pu...
Promulgated on 2005-01-17

548. CA GR CV 67174: Rosario Concepcion vs. Mildred Bangit
This is an Appeal1 from the Decision dated 11 April 2000 of the Regional Trial Court of Pasig City, Branch 267 in Civil Case No. 67339, which is a complaint for sum of money filed by Rosario Concepcion against Mildred Bangit....
Promulgated on 2005-01-17

549. CA GR SP 72651: Paladian Protective vs. NLRC, et al
This is a petition for certiorari under Rule 65 of the 1997 Rules of Civil Procedure imputing grave abuse of discretion on the part of public respondent NLRC, Second Division, for having rendered its May 10, 2002 Decision declaring private respondent Mabi...
Promulgated on 2005-01-17

550. CA GR CV 64367: Rolando Valdez, et al. vs. Sps. Godofredo Domingo & Teresita V. Soro, et al.
Before Us is an appeal from the Decision of the Regional Trial Court, Branch 63, Tarlac City, Tarlac rendered on May 12, 1999 dismissing plaintiffs-appellants Complaint which prayed for the nullification of three instruments of conveyances of a parcel of...
Promulgated on 2005-01-17

551. CA GR SP 50820: Juan Peteros, et al vs. NLRC, et al
The petitioners spouses Juan and Felicisima Peteros are the surviving parents while Almira Peteros is the surviving spouse of the deceased Franklin Peteros (or hereafter Franklin)....
Promulgated on 2005-01-17

552. CA GR CV 75355: Rondee Arizala vs. Richard Cua
Challenged in this appeal is the Decision of the Regional Trial Court of Bulacan (or RTC for brevity) in a suit for Cancellation of Title and Damages filed by the appellee Rondee Lope L. Arizala (or hereafter Arizala) against the appellant Richard Cua (or...
Promulgated on 2005-01-17

553. CA GR CV 69625: SIMON ENTERPRISES INC. vs. UNKNOWN OWNERS OF THE VESSEL M/V GRIGOROUSSA
On January 18, 2002, defendants-appellants filed a Motion to Dismiss/Withdraw Appeal on the ground that the parties had amicably settled the case (Rollo, p. 64). Thus, the parties submitted a Joint Motion to Dismiss (Ibid., pp. 65-66) which was duly confo...
Promulgated on 2005-01-17

554. CA GR SP 54634: BUNYAN RECONSTITUTED WOOD INITIATIVE CORP. VS. NLRC, ET AL.
Before this Court is a Petition for Certiorari under Rule 65 of the Rules of Court which seeks to annul and set aside the Resolution of the National Labor Relations Commission (NLRC) dated April 30, 1999 in NLRC NCR CA NO. 016972-98 and its Resolution...
Promulgated on 2005-01-17

555. CA GR CV 83144: Lebron vs. Republic of the Philippines
This resolves oppositor-appellant s Motion to Withdraw Appeal1 filed by Office of the Solicitor General (OSG), praying for the withdrawal of its notice of appeal from the Order dated 11 August 2004 issued by Regional Trial Court (RTC), Pasig, Branch 152,...
Promulgated on 2005-01-17

556. CA GR SP 80975: Alsie Mantal vs. NLRC, et al
At bar is a Petition for Certiorari under Rule 65 of the 1997 Rules of Civil Procedure seeking to set aside the Decision of the National Labor Relations Commission (NLRC) dated 30 May 2003 which reversed the Decision of the Labor Arbiter dated 4 Septembe...
Promulgated on 2005-01-17

557. CA GR SP 83571: Donabell Rodolfo vs. Hon. Norma Perello, et al
Assailed in the present petition for certiorari are the Orders dated January 28, 20041 and March 6, 2004 which denied the Motion for Inhibition and a reconsideration thereof, respectively, in Criminal Case No. 95-295, entitled People of the Philippines vs...
Promulgated on 2005-01-17

558. CA GR SP 85621: Laurente Burgos vs. Hon. Alberto Romulo, et al
This petition before Us suffers infirmity from the fact that, even as petitioner denominated it as a Petition for Review on Certiorari under Rule 431 of the 1997 Rules of Civil Procedure, the allegations therein indicate that the remedy applied for by...
Promulgated on 2005-01-17

559. CA GR CR 28579: People vs. HALY TAVERA Y ESCAMILLAN,
On December 8, 2004, a Manifestation with Motion to Withdraw Appeal was filed by counsel for accused-appellant alleging, among others, to wit:...
Promulgated on 2005-01-17

560. CA GR SP 77071: Malayan Insurance vs. Commissioner of Internal Revenue
In our Resolution dated August 12, 2004, this Court referred instant petition to the Court of Tax Appeals (CTA) en banc for adjudication. It is our position that under the pertinent provisions of R.A. 9282, this Court no longer exercises jurisdiction...
Promulgated on 2005-01-17

561. CA GR CV 68119: Nueva Viscaya State Institute, et al vs. Atty. John Balasya, et al
Before the Court is an appeal from the Order dated July 3, 2000 issued by Branch 28, Regional Trial Court, Nueva Vizcaya in Civil Case No. 6364, for Injunction with Prayer for the issuance of Temporary Restraining Order, wherein the trial court denied the...
Promulgated on 2005-01-17

562. CA GR CV 65757: Gerardo Viterbo vs. Peter Lee, et al
Assailed in this appeal is the Decision dated June 4, 1999 of Branch 44, Regional Trial Court, Manila in Civil Case No. 91-57459 ordering defendants-appellants Peter Lee and Hongkong Teahouse, Inc. to pay plaintiff-appellee Gerardo S. Viterbo moral and ex...
Promulgated on 2005-01-17

563. CA GR CR 28583: People vs. Priscilla Pedida
The Notice to File Brief was received by Atty. Alvin C. Flores, counsel for accused-appellant, through his wife Rebecca Flores, on September 8, 2004, per Certification from the Postmaster of the City of Manila....
Promulgated on 2005-01-17

564. CA GR CR 00011: People vs. Bonifacio Bustillos
HC - The instant appeal is an illustrative test case where we shall determine the soundness of the Decision which imposed upon accused-appellant Bonifacio Bustillos the penalty of reclusion perpetua, after being found guilty of rape committed against his...
Promulgated on 2005-01-17

565. CA GR SP 78857: Tuazon vs. Benjamin Santos
Appeal by way of petition for review by petitioner Constancia T. Galeon, from the June 25, 2003 Amended Decision of the Regional Trial Court of Paniqui, Tarlac, in Civil Case No. 796, (for tender of payment and consignation); and said court s Resolution d...
Promulgated on 2005-01-17

566. CA GR CV 68393: Sps. Soledad vs. Asiatrust Development Bank, et al.
This is an appeal from the Order1 dated August 15, 2000 of Branch 216, Regional Trial Court, Quezon City, upholding the dismissal of Civil Case No. Q-96-26927 for the declaration of nullity of the foreclosure proceeding and for the issuance of injunct...
Promulgated on 2005-01-17

567. CA GR SP 86291: Engr. Eduardo Ramirez vs. NLRC, et al
Assailed in this petition for certiorari under Rule 65 is the Resolution dated May 28, 2004 denying petitioner s motion for reconsideration (treated as an appeal) and affirming the Order dated May 5, 2003 of Labor Arbiter Numeriano D. Villena which denie...
Promulgated on 2005-01-17

568. CA GR SP 84758: Jean O. Bagoy, vs. NLRC, et al
Assailed in this petition for certiorari under Rule 65 is the Decision dated September 30, 2003 setting aside the Decision dated January 31, 2003 of the Labor Arbiter which granted petitioner s claims for underpayment of salary and non-payment of overtim...
Promulgated on 2005-01-17

569. CA GR CV 82331: Santini Food Specialist vs. Grand Boulevard Hotel
It appears that notices to file brief were sent both to Atty. Dennis Manicad, counsel for defendant-appellant, and to the President and/or General Manager of defendant-appellant Grand Boulevard Hotel....
Promulgated on 2005-01-17

570. CA GR SP 85796: First Managerial System vs. Eduardo Olaguer, et al
Before Us is a Petition for Certiorari and Mandamus under Rule 65 seeking the nullification and setting aside of the Order rendered by Branch 5, Regional Trial Court of Legaspi City in Civil Case No. 9961, the dispositive portion of which reads:...
Promulgated on 2005-01-17

571. CA GR CV 82950: Elisa Dominguez vs. Cita Castro, et al
On July 19,2004, defendants-appellants filed a Notice of Appeal before Branch 155 of the Regional Trial Court, National Capital Judicial Region, Pasig City, against its Decision which affirmed in toto the Decision of the Metropolitan Trial Court, Branch...
Promulgated on 2005-01-17

572. CA GR SP 84380: Melnarose Sasot vs. Elenita Balajonda, et al
Before this Court, petitioner seeks to file a Petition for Certiorari under Rule 65, 1997 Revised Rules of Civil Procedure, assailing the April 13, 2004 Resolution of the Department of Justice (DOJ) in I.S. No.99-9060 entitled, Melbarose R. Sagot, Compl...
Promulgated on 2005-01-17

573. CA GR CV 76196: Julian Tallano et al vs. Venerando Santos, et al
Acting upon the report1 of the Judicial Records Division stating that, No Appellants Brief filed per docket book in CAGR CV 76196, [sic], We hereby resolved to DISMISS motu proprio the instant appeal in accordance with Section 1 (e) of Rule 50, 1997 Revis...
Promulgated on 2005-01-17

574. CA GR SP 35203: Philtrust Co. v. Floro Roxas, et al
The Court NOTES the verification report of our Judicial Records Division that:...
Promulgated on 2005-01-17

575. CA GR SP 78976: KHALID INTERNATIONAL RECRUITMENT AGENCY, ET. AL. VS. NLRC, ET. AL.
Is it grave abuse of discretion for the National Labor Relations Commission to dismiss an appeal from a Labor Arbiter's decision for being two days late, because the last four days of the ten day period for appeal were public holidays (Maundy Thursday...
Promulgated on 2005-01-14

576. CA GR CR 28575: PEOPLE VS. LIBERATO PAEL Y AMAHIT
As prayed for by accused-appellant Liberato Pael y Amahit thru counsel, the instant appeal is deemed WITHDRAWN....
Promulgated on 2005-01-14

577. CA GR SP 80496: DIONISIO V. HINACAY, ET. AL. VS. CITY OF MUNTINLUPA, ET. AL.
Are petitioners, as squatters, entitled to the protection of Republic Act No. 7279 so that they cannot be summarily ejected from their dwellings?...
Promulgated on 2005-01-14

578. CA GR SP 79327: INTEL TECHNOLOGY PHILIPPINES INC. vs COMMISSIONER OF INTERNAL REVENUEv
Before us is a Motion for Reconsideration filed by petitioner on September 3, 2004 of our Decision promulgated on August 12, 2004....
Promulgated on 2005-01-14

579. CA GR CV 79494: Hrs. of Florencio Paynor, et al. vs Victory Liner, Inc.
Pursuant to Section 1(e), Rule 50 of the 1997 Rules of Civil Procedure, the instant appeal is ordered dismissed, for failure of the appellant to file its brief despite due notice....
Promulgated on 2005-01-14

580. CA GR CV 81453: Mr. RUBEN C. PINEDA vs. PNB (BAGUIO CITY BR. OFFICE) ET AL.
This Court takes note of the Withdrawal of Appearance of Atty. Westremundo Y. de Guzman as counsel for the plaintiff-appellant with appellant?s representative conformity. The last day to file the appellant's Brief is September 9, 2004. As of this date, no...
Promulgated on 2005-01-14

581. CA GR CV 70944: HEIRS OF JOSE B. CUSI, SR. vs. MARIO ALMAZAN, ET AL.
On May 2, 1996, plaintiffs-appellees filed a Complaint for Recovery of Possession with Preliminary Injunction against defendantsappellants docketed as Civil Case No. R-962 before the Regional Trial Court of San Jose, Occidental Mindoro. In the said Compla...
Promulgated on 2005-01-14

582. CA GR SP 81387: AJINOMOTO PHILS. CORP. vs. SECRETARY OF THE DEPARTMENT OF LABOR AND EMPLOYMENT, ET AL.
This is a petition for certiorari under Rule 65 of the 1997 Rules of Court with an application for a writ of preliminary injunction and temporary restraining order seeking to nullify and set aside the Secretary of Labor and Employment?s Resolutions dated...
Promulgated on 2005-01-14

583. CA GR CV 74657: LOURDES SUNDIAM, ET AL vs THE MUNICIPALITY OF FLORIDABLANCA, PAMPANGA, et al
This is an appeal interposed from the Resolution issued by the Regional Trial Court, Branch 50, of Guagua, Pampanga, dated 18 March 2002, in Civil Case No. G-3877, dismissing the instant case and reversing its Order dated 28 June 2001....
Promulgated on 2005-01-14

584. CA GR SP 85407: HERMINIGILDA ENRILE vs. EDNA DY
This is a petition for review under Rule 42 of the Revised Rules of Court of the Decision rendered by the Regional Trial Court of Naga City, Branch 27, in Civil Case No. RTC 2002- 0150, entitled "Edna Dy vs. Herminigilda Enrile, Atty. Tomas Reyes and...
Promulgated on 2005-01-14

585. CA GR CV 64717: Heirs of Eugenio S. Calleja, et al. vs. Juan B. Calleja, et al.
Before us is an appeal from the Decision of the Regional Trial Court, Branch 11, Ligao, Albay,...
Promulgated on 2005-01-14

586. CA GR SP 78689: Louella Talon, et al. vs. Hon. Jimmy M.F. Lucson, et al.
In this petition for certiorari under Rule 65 of the Rules of Court, petitioners seek succor from this court from what they perceives to be a grave abuse of discretion on the part of the lower court in rebuffing their motion to dismiss on the ground that...
Promulgated on 2005-01-14

587. CA GR CV 81011: Bank of the Phil. Island vs. TEresita Poquiz
Per Judicial Records Division report that no appellants brief has been filed despite the Resolution dated August 30, 2004 granting appellants motion for extension of forty-five (45) days, or until September 27, 2004, within which to file brief, the prese...
Promulgated on 2005-01-14

588. CA GR CR 00142: People vs. Robert Pebrero y Guillermo, et al.
This is an appeal from the Decision1 dated November 15, 2001 of the Regional Trial Court, Branch 27 of Cabanatuan City in Criminal Case No. 9437-AF for Carnapping with Homicide,...
Promulgated on 2005-01-14

589. CA GR CV 80965: Celeste Lumanlan, et al vs. The City Engineer of Manila
Per Judicial Records Division report that no appellants brief has been filed despite the Resolution dated October 7, 2004 granting appellants motion for last extension of time, or until October 17, 2004, within which to file brief, the present appeal is...
Promulgated on 2005-01-14

590. CA GR CV 63125: Earl's Legacy, Inc. vs. Alberto V. Adaoag
This is an appeal from the August 27, 1998 Decision of the Regional Trial Court, Branch 150, Makati City, in Civil Case No. 97-1706, which designated it as an action for a sum of money....
Promulgated on 2005-01-14

591. CA GR CV 82244: delos Reyes vs. Galo M. Ignacio
The Notice to File Brief in this case was received by Atty. Joseph Manuel B. Cera, counsel for plaintiff-appellant on September 2, 2004. The forty-five (45) day period within which to file appellant s brief therefore expired on October 18, 2004, (October...
Promulgated on 2005-01-14

592. CA GR SP 73587: Magdalena Burce-Celestino vs. Hon. Manuel A. Mayo, et al.
This is a petition for certiorari under Rule 65 of the 1997 Rules of Civil Procedure assailing the Orders issued by Judge Manuel A. Mayo of the Regional Trial Court (RTC) of Cavite City, Branch 16 in the case of Ismael Basa represented by Attorney-in-Fact...
Promulgated on 2005-01-14

593. CA GR CV 69363: Felipe Z. Macaraeg, et al. vs. Heirs of Juan Z. Fabro, et al.
Before us is an appeal from the Decision of the Regional Trial Court, Branch 50, Villasis, Pangasinan, which dismissed plaintiffs-appellants' complaint for annulment, partition and/or reconveyance, accounting, liquidation and damages....
Promulgated on 2005-01-14

594. CA GR SP 85392: Emelio Casimiro v. Regional Trial Court, et al
Before us is a Joint Motion To Dismiss1 filed by the petitioners and the respondents, through their respective counsel, praying that the instant petition be dismissed on the ground that the real property in question has already been sold by the petitio...
Promulgated on 2005-01-14

595. CA GR CV 78829: Olivia V. Franco vs. Republic of the Philippines
This is an appeal from the Decision dated February 26, 2003 of the Regional Trial Court of Pasig City, Branch 263,...
Promulgated on 2005-01-14

596. CA GR CV 69022: Benjamin Javier vs. Wilson Go
This is an appeal interposed by appellant Wilson T. Go from the Decision dated August 20001 rendered by the Regional Trial Court of Binangonan, Rizal, Branch 69, in Civil Case No. 97-0005 for Petition for Production and Delivery of Owner?s Duplicate Copy...
Promulgated on 2005-01-14

597. CA GR CV 70163: Orlando Antonio vs. Pangasinan Five Star
This is an appeal interposed by appellants Pangasinan Five Star Bus Co., Inc. and its driver Leoncio Doculara from the Decision dated 20 November 20001 rendered by the Regional Trial Court of Dagupan City, Branch 43, in Civil Case No. 98-02600-D for Dama...
Promulgated on 2005-01-14

598. CA GR CR 26621: People vs. Mark Bustamante
Before us is an Appeal filed by accused MARK BUSTAMANTE from the Decision dated June 21, 2002 of the Regional Trial Court, Branch 43, Dagupan City, in Criminal Case No. 2002-0013-D entitled People of the Philippines versus MARK BUSTAMANTE, finding him gu...
Promulgated on 2005-01-14

599. CA GR SP 70377: Pilipinas Bank vs. NLRC, et al
This is a Petition for Certiorari filed by petitioner Pilipinas Bank under Rule 65 of the Rules of Court seeking to annul and set aside the Resolution of the National Labor Relations Commission (NLRC), Second Division, dated March 26, 2002, which affirmed...
Promulgated on 2005-01-14

600. CA GR CV 66385: Urs Egger Mollik vs. Diana Redoblado Mollik
On appeal by Respondent-Appellant Diana Redoblado-Mollik is the decision dated July 21, 1999 of the Regional Trial Court of Quezon City in CV-Case No. Q-95-25687 (for declaration of nullity of marriage)...
Promulgated on 2005-01-14

601. CA GR CV 78432: Aylene Popatco-Pingol vs. Jonathan A. Pingol; RP
Oppositor-appellant Republic of the Philippines implores this Court to reverse and set aside the Decision dated January 6, 2003 of the Regional Trial Court (RTC) of Guagua, Pampanga, Branch 50...
Promulgated on 2005-01-14

602. CA GR SP 78874: Joseph Merioles vs. Aenaos Shipping Services, et al.
This petition assails the Decision dated March 21, 2003 rendered by the Third Division of the National Labor Relations Commission,...
Promulgated on 2005-01-14

603. CA GR CV 75764: Julita Basco, et al vs. Sps. Tomas Estacio, et al
This is an appeal from the Decision of the Regional Trial Court of Lingayen, Pangasinan, in a case for Cancellation of Confirmatory Affidavit of Sab-ong with Sale, Cancellation of Transfer Certificate of Title No. T-22103 over Lot 760 Rosario, La Union Ca...
Promulgated on 2005-01-14

604. CA GR SP 85346: Manila Kyowa, Inc. vs. Sumicon Phils. Corp., et al.
The legal fiction of separate corporate existence must be respected absent any showing that the same is used to perpetrate fraud or used as a vehicle to promote unfair objectives or otherwise promote injustice....
Promulgated on 2005-01-14

605. CA GR SP 85015: Bank of the Philippine Islands, et al. vs. Sps. Alfredo G. Castro, Sr. & Lucia S. Castro, et al.
Assailed in this petition for certiorari under Rule 65 of the 1997 Rules of Civil Procedure are the Orders dated January 5, 2004 and April 26, 2004, both issued by the Presiding Judge of the Regional Trial Court, Branch 43 of the City of San Fernando,...
Promulgated on 2005-01-14

606. CA GR SP 83256: Yutaka Giken vs. Hon. Juanita T. Guerrero, et al.
Jurisdiction over a foreign corporation may be acquired either through its voluntary appearance in court or through service of summons. In case of the latter, the Rules categorically enumerate the individuals or entities to which such service of summons s...
Promulgated on 2005-01-14

607. CA GR SP 79552: Phil. Postal Savings Bank, Inc. vs. Hon. Judge Baraquia, et al.
This is a petition for certiorari under Rule 65 of the Rules of Court which seeks to set aside the order of respondent Court in Civil Case No. LP-02-0240 dated July 4, 2003, that granted the application for issuance of a writ of preliminary injunction...
Promulgated on 2005-01-14

608. CA GR SP 81180: Carmelo Redencion T. de Leoz, Jr. vs. NLRC, et al.
Assailed in this special civil action for certiorari are the Decision, dated November 22, 2002, and Resolution, dated February 28, 2003, of the National Labor Relations Commission (NLRC) Third Division, rendered in NLRC CA No. 024783-00....
Promulgated on 2005-01-14

609. CA GR CV 54454: Atty. Oscar V. Corpuz vs. RP
Before Us is an appeal filed by the Office of the Solicitor General which seeks to annul and set aside the decision dated January 10, 1996 rendered in Civil Case 632-G by the Regional Trial Court, Branch 31, Guimba, Nueva Ecija,...
Promulgated on 2005-01-14

610. CA GR CV 66708: Heirs of Pablo Maquiran vs. Manila Aero Transport, et al
When they failed to obtain reservations in a regular commercial flight to Roxas City, Pablo Maquiran and his niece Jean Castillo decided to take the next best thing, a DC-3 cargo plane that Maria Basilonia So chartered from Manila Aero Transport System t...
Promulgated on 2005-01-14

611. CA GR CV 71920: Apple Clientele vs. Traders Royal Bank, et al
Before this Court is an ordinary appeal filed by appellants assailing the following Orders issued by Hon. Herminio I. Benito of the Regional Trial Court, National Capital Judicial Region, Branch 132, Makati City in Civil Case No. 99-1530, entitled Apple C...
Promulgated on 2005-01-14

612. CA GR CV 73663: Jorge Morales vs. Khan
Mario and Elena Khan were sued in an action for consignation with damages by Jorge Morales. Having been ordered by the trial court to accept payment from Morales, the Khans went on appeal on the singular question whether Morales had made a valid consignm...
Promulgated on 2005-01-14

613. CA GR SP 81795: EDUARDO L. RAYO vs. HON. RTC OF TRECE MARTIRES CITY (CAVITE), ET AL.
Before Us is a Petition for certiorari seeking the reversal of the August 1, 2003 Order rendered by Regional Trial Court of Trece Martires City denying petitioner Rayo's motion to allow him, though not a member of the Philippine bar, to represent himself...
Promulgated on 2005-01-13

614. CA GR SP 84889: Manila International Airport, et al vs. Swiss Finance, et al
Petitioner seeks a reconsideration of Our Resolution dated July 20, 2004 which dismissed the petition for having a defective certification on non-forum shopping. Petitioner, however, has failed to set forth any cogent and valid reason for Us to relax and...
Promulgated on 2005-01-13

615. CA GR SP 87632: Ludy Briones vs. Thelma Joves, et al.
A petition for review of the Decision of the Regional Trial Court, Branch 114, Pasay City rendered in the exercise of its appellate jurisdiction was filed by petitioner on December 21, 2004....
Promulgated on 2005-01-13

616. CA GR SP 80380: PNB vs. VIVIAN T. DE GUZMAN, ET AL.
On January 20, 2004, We issued a resolution requiring the petitioner to submit the current and correct address of the private respondents and their counsel. On May 26, 2004 another resolution was issued requiring the petitioner to show cause why the peti...
Promulgated on 2005-01-13

617. CA GR SP 62886: PEOPLE OF THE PHILIPPINES vs THE REGIONAL TRIAL COURT, OLANGAPO CITY, BRANCH 74, et al
Before Us is a petition for certiorari under Rule 65 of the Rules of Court seeking to review, annul and set aside the Order of the Regional Trial Court of Olangapo City, Branch 74, dated 17 July 2000,...
Promulgated on 2005-01-13

618. CA GR SP 85163: Wesleyan University-Philippines vs. NLRC and Randy Revilloza
Petitioner Wesleyan University Philippines-Manila (Wesleyan for brevity) filed this instant Petition for Certiorari under Rule 65 of the Rules of Court, seeking for the review and reversal of the 23 February 2004 and 30 April 2004 Resolution of the pub...
Promulgated on 2005-01-13

619. CA GR CV 78003: Remedios Vda. de Busria vs. BHF Aquabusiness Corp., et al.
This is an appeal from the Decision1 of the Regional Trial Court of Dagupan City, Branch 44 rendered on January 3, 2003 dismissing the complaint for damages filed by plaintiff-appellant Remedios Vda. de Bustria (Bustria)...
Promulgated on 2005-01-13

620. CA GR CV 60812: HEIRS OF CIRIACO A. ALANO, ET. AL. VS. DESIREE A. BERNARDO, ET. AL.
Presented for the Court?s determination is the attendance of fraud in a sale of real property, where the supposed defective deed of sale was prepared and registered by the very parties asserting the defect....
Promulgated on 2005-01-13

621. CA GR SP 87585: HONEYCOMB BUILDERS, INC.VS. GUEVENTVILLE NEIGHBORHOOD & HOMEOWNERS ASSO., INC.
For failure of petitioner 1) to show that the person who signed the verification and certification of non-forum shopping was duly authorized to do so for petitioner; and 2) to attach to the petition copies of the amended complaint, amended answer and p...
Promulgated on 2005-01-13

622. CA GR CV 72384: Rosita Evangelista, vs. Mr. & Mrs. Antonio Manalansan
BEFORE US is a motion for reconsideration filed by counsel for the defendant-appellants, seeking for the reconsideration of the Decision dated 31 March 2004, the dispositive portion of which reads:...
Promulgated on 2005-01-13

623. CA GR CV 83196: STEPHEN JAVIER VS. DR. VIRGILIO BAUTISTA, ET AL.,
RANADA, S.J., J.: As prayed for by plaintiff-appellant on the ground that he has ?decided to settle the case amicably by selling his leasehold rights over the property in issue, and defendants-appellees correspondingly welcomed the gesture by offering...
Promulgated on 2005-01-13

624. CA GR SP 75532: Sps. Ricardo Mendoza vs. Rural Bank of Infanta et al
BEFORE US is a Petition for Certiorari filed by the petitioners through counsel, seeking for the reconsideration of the Decision dated 30 April 2004, the dispositive portion of which reads:...
Promulgated on 2005-01-13

625. CA GR SP 79559: Vicente Herce, Jr., vs. Hon. Damaso Herrera, et al
Acting on petitioner s motion for reconsideration of this Court s August 16, 2004 Decision denying due course to the petition, we find no cogent or justifiable reason to grant the same....
Promulgated on 2005-01-13

626. CA GR SP 87268: KAPUSO MULTI-PURPOSE COOP. VS. RTC-217, QUEZON CITY, ET.AL.
For failure to comply with section 4 of Rule 7, in that the verification is based only on knowledge and belief, and there is no assurance that the allegations of the petition are based on authentic records, the petition is deemed an unsigned pleading, ...
Promulgated on 2005-01-13

627. CA GR CR 27478: People vs. Ronald Javier y Fernandez
Before Us on appeal is the Decision1 of 7 May 2003 of the Regional Trial Court, Branch 48, Urdaneta City, Pangasinan in Criminal Case No. U-12233 finding accused-appellant Ronald Javier y Fernandez (Javier) guilty beyond reasonable doubt of the crime of...
Promulgated on 2005-01-13

628. CA GR CV 74319: Feliciano Balajadia, et al. vs. Heirs of Demetrio Mangona
There are two (2) requisites that must concur for a valid redemption of mortgaged property sold at public auction to the highest bidder, pursuant to Section 28, Rule 39 of the 1997 Rules of Civil Procedure:...
Promulgated on 2005-01-13

629. CA GR SP 79470: IRENE Q. IGRUBAY VS. NLRC, ET. AL.
Petitioner Irene Igrubay raises a procedural due process question in this petition for certiorari seeking to set aside the decision of the National Labor Relations Commission (NLRC) dated 3 April 2003...
Promulgated on 2005-01-13

630. CA GR CV 58913: Sps. Dionisio Ragas v. Stephen Gan
On appeal before us is the May 2, 1996 decision1 of the Regional Trial Court of Pasig City, Branch 264 in Civil Case No. 64112 dismissing the herein plaintiffs-appellants complaint for breach of contract, sum of money, and damages against the defendant-ap...
Promulgated on 2005-01-13

631. CA GR CV 78413: Robles vs. GSIS, et al
Atty. Mario T. Reyes has appealed from the Order of the Regional Trial Court (RTC) of Bacoor, Cavite, Branch 19, in Civil Case No. BCV-94-90, the decretal portion whereof reads:...
Promulgated on 2005-01-13

632. CA GR CV 73290: Josefina Palad, vs. Asia Trust Development Bank, et al
Appeal from the Decision of the Regional Trial Court of Quezon City, Branch 77, in Civil Case No. Q-98-33279, finding the defendant bank negligent in allowing a crossed check payable to plaintiff s account to be deposited in another account without proper...
Promulgated on 2005-01-13

633. CA GR CR 28572: People vs. Leonides Pundano y Bueno
Before this Court is an Urgent Motion to Withdraw Appeal filed by accused-appellant....
Promulgated on 2005-01-13

634. CA GR SP 80178: Sps. Cruz vs. Hon. Jimmy H.F. Luczon, Jr., et al.
Noteworthy is the development that the new provision, Section 3, Rule 10 of the 1997 Rules on Civil Procedure, has liberalized the filing of amendments to pleadings....
Promulgated on 2005-01-13

635. CA GR SP 88089: Renie Soronio v. Hon. Marybelle Demot, et al
The Verification and Certification Of Non-Forum Shopping was signed by Atty. Jonathan D. Adaci, the counsel for the petitioner, allegedly in representation of the latter....
Promulgated on 2005-01-13

636. CA GR SP 81338: Herma Shipping & Transport Corp. vs. Hon. Abednego O. Adre, et al.
Before the Court is a Petition for Certiorari under Rule 65 of the 1997 Rules of Civil Procedure assailing the 14 October 2002 Order1 of the Regional Trial Court of Quezon City, Branch 88...
Promulgated on 2005-01-13

637. CA GR SP 83558: Legacy Transport Corp., et al. vs NLRC, et al.
Petitioners' Motion For Reduction of Injunction Bond, in order to alleviate the heavy burden of the company in the light of the present economic conditions of the country, is DENIED, for lack of merit....
Promulgated on 2005-01-13

638. CA GR SP 84418: Modesto Santos, et al. vs Solid Builders, Inc.,et al.
After an assiduous perusal of the arguments raised by the individual motions for reconsideration of the respondents, We find them offering no justifiable cogent reason to modify or reverse the decision rendered in this case dated September 30, 2004. Mor...
Promulgated on 2005-01-13

639. CA GR CV 81213: Teresita G. Yulo vs. Republic of the Philippines
Finding the Motion to Withdraw Appeal filed by oppositor-appellant to be in order pursuant to Sec. 3, Rule 50 of the Rules of Court, the same is hereby GRANTED....
Promulgated on 2005-01-13

640. CA GR SP 81097: PO3 Euzueto R. Rey vs. Eduardo de Ocampo
Before this Court is a petition for review under Rule 43 of the Resolution dated 10 June 2003 and the Order dated 27 November 2003, of the Office of the President....
Promulgated on 2005-01-13

641. CA GR SP 87896: Internship Customs etc, et al. vs NLRC, et al.
The instant Petition for Certiorari with Prayer for Injunction is ordered DISMISSED, for being patently without merit and the issues raised therein are unsubstantial to require serious consideration from this Court. Furthermore, the controversies being pr...
Promulgated on 2005-01-13

642. CA GR CR 28816: People vs. Angel de la Cruz
This is a classic example of an appellant who makes mockery of justice by seeking judicial relief, and at the same time, eluding the clutches of the law despite the judgment of conviction meted out against him....
Promulgated on 2005-01-12

643. CA GR SP 84400: CESAR INOCENCIO B.AVECILLA vs. MARIANO SALADA
This is a petition for habeas corpus involving minors Czarina Louise Salada Avecilla, five (5) years old, and Phil John Cesar Salada Avecilla, ten (10) years old, filed by the biological father, Cesar Inocencio B. Avecilla....
Promulgated on 2005-01-12

644. CA GR SP 87608: Philippine Granite Stone vs. NLRC, et al
This is a petition for certiorari filed by the petitioners to set aside the decision of the NLRC dated August 31, 2004. The petition is fatally defective for the following reasons:...
Promulgated on 2005-01-12

645. CA GR CR 00066: PEOPLE OF THE PHILIPPINES vs. WENCESLAO DERI y BENITEZ
This is an appeal from the Decision of the Regional Trial Court Branch 98, Quezon City, finding accused-appellant Wenceslao Deri y Benitez guilty of three counts of rape and sentencing him to suffer the penalty of death with respect to Criminal Cases Nos....
Promulgated on 2005-01-12

646. CA GR CR 00355: People vs. Jesus Sabas, et al
H.C. On appeal is the Decision dated April 1, 2002 of the Regional Trial Court of Pasay City, Branch 110 convicting the accused Jesus Sabas, Jr. and Noel Vingco y Blanco of the crime of murder and sentencing them, as follows:...
Promulgated on 2005-01-12

647. CA GR SP 70139: International School Manila vs. Hon. Patricia Sto. Tomas, et al
Before the Court are the Manifestations dated July 17, 2002 and July 23, 2002 of private respondent International School Alliance of Educators (hereafter private respondent) and the counter manifestation dated July 31, 2002 of petitioner International Sc...
Promulgated on 2005-01-12

648. CA GR SP UDK 5258: Consuelo Tigol, et al vs. Romulo Pascual
Before us is a petition for review seeking the reversal and setting aside of the Decision dated April 29, 2004 of the Regional Trial Court of Malabon, Branch 74, which affirmed in toto the decision of the Metropolitan Trial Court of Malabon City, Branch...
Promulgated on 2005-01-12

649. CA GR SP 85210: Newborn Food Products vs. NLRC, et al
Assailed in this petition for certiorari under Rule 65 is the Decision dated December 30, 2003 affirming with modification the Labor Arbiter s judgment which declared the petitioners guilty of illegal dismissal and ordered reinstatement with full back wag...
Promulgated on 2005-01-12

650. CA GR CV 82374: Genaro Bermido, vs. Sps. Petronio and Fely Cielo
Per Report of the Judicial Records Division dated 21 December 2004, herein appellants have failed to file brief within the reglementary period....
Promulgated on 2005-01-12

651. CA GR SP 78229: NICK TAN, JR. vs HON. JUDGE RAUL DE LEON, et al
Petitioner and counsel, in this instant Motion for Reconsideration, invoke the liberality of the rules of procedure in the interest of substantial justice. According to the counsel for petitioner, he was advised by the Division Clerk of Court of the Sp...
Promulgated on 2005-01-12

652. CA GR SP UDK 4870: Minor Jasmine Caroline Abad, vs. Joseph George Abad, et al
The August 18, 2004 Letter of Branch Clerk of Court Atty. Sheilani L. Baes and petitioner s Compliance with the Court s August 4, 2004 Resolution are NOTED....
Promulgated on 2005-01-12

653. CA GR SP 87368: Fil-Estate Properties vs. Sps. Roberto Geronimo, et al
Before us is a petition for review seeking the reversal and setting aside of the Order of the Office of the President dated July 12, 2004, dismissing petitioner?s appeal from the Decision and Resolution of the Housing and Land Use Regulatory Board (HLUR...
Promulgated on 2005-01-12

654. CA GR SP 5268: Omega Gold vs. Jean Oliva Naz, et al
This Petition for Certiorari faces outright dismissal on the following grounds:...
Promulgated on 2005-01-12

655. CA GR SP 86681: Alejo Santos vs, Sps. Francisco Ong
This is a petition for review filed under Rule 42 seeking to reverse and set aside the Joint Decision1 dated August 23, 2004 of the Regional Trial Court of Malolos, Bulacan, Branch 11 affirming the Decision2 dated March 1, 2004 of the Municipal Trial Cour...
Promulgated on 2005-01-12

656. CA GR CV 82676: PATRICK JOHN CAPILI, ETC. vs JUANITO BALA
In the Report of the Judicial Records Division, it appears that no brief has been filed by appellants within the time provided by the rules as per docket book entry....
Promulgated on 2005-01-12

657. CA GR CV 82664: HERMINIGILDO DOFILES, et al vs MELITA D. GO
In the Report of the Judicial Records Division, it appears that no brief has been filed by appellants within the time provided by the rules as per docket book entry....
Promulgated on 2005-01-12

658. CA GR CR 27793: People vs. Patricio Solsona y Pablo, et al.
Before this Court is an appeal from the decision dated August 5, 2003 of the Regional Trial Court, National Capital Judicial Region, Branch 144, Makati City in Criminal Case No. 92-3864...
Promulgated on 2005-01-12

659. CA GR SP 66264: NARCAN INC. SHIPPING AND PLACEMENT AGENCY, et al vs NLRC, et al
This is a petition for certiorari seeking to reverse and set aside the Resolution dated April 2, 2001 issued by the National Labor Relations Commission (NLRC),...
Promulgated on 2005-01-12

660. CA GR CV 82369: SHENTON REALTY CORP. vs SPS. ROBERTO AND EMILIE ROMANILLOS
In our Resolution dated November 9, 2004, the Ex-Parte Motion for Extension of Time to file appellants' brief was granted. Thus, as prayed for, Appellants were given a period of 30 days from October 25, 2004 or until November 24, 2004 to file the same....
Promulgated on 2005-01-12

661. CA GR CR 27057: People vs. Jude Joby G. Lopez
On appeal is the Decision convicting appellant Jude Joby Lopez of the crime of estafa under the Information that charges:...
Promulgated on 2005-01-12

662. CA GR SP 88069: Sps. Dearla & Gregorio Fernandez vs. Radiowealth Finance Co.
This treats of petitioners? petition for review which was erroneously denominated as Petition for Review on Certiorari....
Promulgated on 2005-01-12

663. CA GR CR 24116: THE PEOPLE OF THE PHILIPPINES vs DANILO LAXAMANA y ZUNIGA
Before Us is an appeal interposed by the accused Danilo Laxamana y Zuniga from the Decision dated February 24, 2000 of the Regional Trial Court, Branch 219, of Quezon City in Criminal Case Nos. Q98-78038 and Q98-78039 (Rollo pp. 61-67),...
Promulgated on 2005-01-12

664. CA GR CV 64106: Mario King vs. Republic of the Philippines
The case before this Court is an appeal by the intervenor-appellant, represented by the Solicitor General, from the decision of the Regional Trial Court of Batangas, Branch 83,...
Promulgated on 2005-01-12

665. CA GR SP 79835: OCEAN LINK CONTAINER TERMINAL CTR. INC., et al vs NLRC, et al
A petition for certiorari was filed before Us seeking a reversal and nullification of the Decision dated September 12, 2002 of the National Labor Relations Commission (NLRC) dismissing the appeal from the Order...
Promulgated on 2005-01-12

666. CA GR SP 77262: RICARDO B. LIMPIADO vs CIVIL SERVICE COMMISSION
This is a petition for review under Rule 43 seeking to reverse the Resolution of the Civil Service Commission (CSC) dated May 5, 2003 finding petitioner Ricardo Limpiado guilty of Dishonesty and Gross Neglect of Duty....
Promulgated on 2005-01-12

667. CA GR CV 78910: Ma. Lo Kimtee Osmena vs. Sps. Reynaldo & Erlinda Poblete
This is an appeal from the Decision dated November 18, 2002 of the Regional Trial Court of Manila, Branch 12 in Civil Case 98-87345, which is an action for Cancellation of Fraudulent Transfer of Certificate of Title with Damages....
Promulgated on 2005-01-12

668. CA GR SP 87923: Sarmiento vs. Barbono
This is a Petition for Review filed under Rule 43 of the 1997 Rules of Civil Procedure, as amended, seeking to annul and set aside the December 7, 2004 Order of the Civil Service Commission. The said Order dismissed the appeal of herein petitioner from Of...
Promulgated on 2005-01-12

669. CA GR CR 00128: People vs. Edgardo Padilla
H. C. This is an appeal from the Judgment rendered by the Regional Trial Court of Gumaca, Quezon, Branch 61, in Criminal Case No. 5926-G convicting the accused-appellant of the crime of murder, sentencing him to suffer the penalty of reclusion perpetua an...
Promulgated on 2005-01-12

670. CA GR CR 00112: People vs. Ardel Canuto
H.C. On automatic review is the Decision dated May 16, 2002 of the Regional Trial Court of Iriga City, Branch 35, in Criminal Case No. IR-5814 finding accused-appellant guilty beyond reasonable doubt of the crime of rape, sentencing him to suffer the supr...
Promulgated on 2005-01-12

671. CA GR CV 63312: Francisca Castaneda vs. Sps. Rosales
On appeal is the Decision dated February 16, 1999 of the Regional Trial Court, Branch 20, Cauayan, Isabela which dismissed appellant Francisca Casta?eda?s Complaint for sum of money with damages against appellees spouses Ruben and Lorna Rosales....
Promulgated on 2005-01-12

672. CA GR SP 83785: Leticia Chua vs. Hon. Benjamin T. Antonio, et al
Assailed in this petition for certiorari under Rule 65 is the Order dated December 17, 2003 denying petitioner s motion to dismiss Criminal Case No. 18537-MN for estafa by way of demurrer to evidence, as well as the Order April 5, 2004 denying the motion...
Promulgated on 2005-01-12

673. CA GR SP 69015: ROBERTO D. TUAZON, ETC. vs CATALINA R. SUAREZ-DE LEON
The arguments raised by petitioner in his Motion For Reconsideration of the Decision promulgated on August 27, 2004 are mere reiteration of his previous stance which this Court had already passed upon. No new matter has been advanced by petitioner whic...
Promulgated on 2005-01-12

674. CA GR CR 26749: Peple vs. Placida Ronquillo
Before us is an Appeal filed by accused PLACIDA RONQUILLO, from the Decision dated October 24, 2001 of the Regional Trial Court, Branch 53, City of Manila, in Criminal Case No. 90-83231 entitled People of the Philippines versus PLACIDA RONQUILLO, et. al....
Promulgated on 2005-01-12

675. CA GR CV 70863: Romeo King vs. Marcial Dalisay et al
This is an appeal interposed by appellant Marcial Dalisay also known as Marciano Dalisay from the Decision dated 31 January 2001 rendered by the Regional Trial Court of Manila, Branch 6, in Civil Case No. 97-81644 for Enforcement of Right of Way with Man...
Promulgated on 2005-01-12

676. CA GR SP 84153: Roberto Bautista vs. NLRC, et al
Assailed in the present petition for certiorari is the Decision of the National Labor Relations Commission (NLRC, for short), Second Division, dated November 3, 20031 reversing the decision of the labor arbiter, in the case entitled Roberto C. Bautista, C...
Promulgated on 2005-01-12

677. CA GR SP 84020: Maria Veronica S. Battung, et al. vs. Hon. Teodoro A. Bay, et al.
For consideration is a Petition for Certiorari under Rule 65 of the 1997 Rules of Civil Procedure seeking the annulment of the Orders dated March 9, 2004 and April 26, 2004 in Spec. Proc. No. Q-93-49551....
Promulgated on 2005-01-12

678. CA GR CV 78581: Jesus Tacorda, et al. vs. Amado Tacorda, et al.
For failure of the defendants-appellants Amado Tacorda, et al. to file the required brief despite due notice as per report of the Judicial Records Division dated 06 December 2004 (Rollo, p. 81, back) the appeal of the defendantsappellants Amado Tacorda...
Promulgated on 2005-01-12

679. CA GR CV 55147: UCPB Savings Bank vs. Sps. Arcadio Calapati
For our resolution is an appeal from the September 15, 1995 order1 of the Regional Trial Court of Pasay City, Branch 118 in CA-G.R. CV No. 94- 0307, the decretal portion of which reads as follows:...
Promulgated on 2005-01-12

680. CA GR CR 00021: People v. Bong Espinella
This appeal was filed with the Supreme Court and transferred to us on August 25, 2004 pursuant to the ruling in People vs. Mateo (G.R. Nos. 147678-87, July 7, 2004)....
Promulgated on 2005-01-12

681. CA GR SP 69035: Rodel Puno, et al. vs. Hon. Raymundo S. Annang, et al.
Before Us is a Petition for Annulment of Judgment with Prayer for Preliminary Injunction and Request for Issuance of Temporary Restraining Order seeking the annulment of the decision dated February 14, 2001 penned by Judge Raymundo S. Annang in Civil Ca...
Promulgated on 2005-01-12

682. CA GR SP 75964: Kapisanan ng mga naninirahan vs. Hon. Apolinario Bruselas, et al
This pertains to the petitioner-movant s motion for reconsideration filed on 30 April 2004, seeking for the reconsideration of the Decision dated 31 March 2004, the dispositive portion of which reads:...
Promulgated on 2005-01-11

683. CA GR SP 75230: Marian Clinic Inc., et al vs. Hon. Marieta Legaspi, et al
This pertains to the motion for reconsideration filed by the petitioners through counsel, seeking for the reconsideration of the Decision dated 29 January 2004, the dispositive of which reads:...
Promulgated on 2005-01-11

684. CA GR SP 75015: Bank of the Phil. Island vs. Hon. Ismael Sanchez, et al
BEFORE US is a Motion for reconsideration filed by the petitioner through counsel on 25 June 2004, seeking for the reconsideration of the Decision dated 26 May 2004, the decretal portion of which reads:...
Promulgated on 2005-01-11

685. CA GR SP 81175: Dr. Zenaida A. Olonan vs. The Office of the President, et al.
Before this Court is a Petition for Review under Rule 43 of the 1997 Revised Rules of Civil Procedure assailing the resolutions dated June 30, 2003 and November 27, 2003 of the Office of the President in PCAGC-ADM-94-0112,...
Promulgated on 2005-01-11

686. CA GR SP 77982: Marcus Pempeņa vs. Dept. of Justice Sec. Datumanong, Pasig City RTC Judge Rodolfo Bonifacio, et al.
A petition for certiorari, with a plea for injunctive relief, initially praying, viz.: "WHEREFORE, premises considered, petitioner respectfully pray(s) of this Honorable Court - (a) Upon the filing of this Petition, to immediately issue a temporary re...
Promulgated on 2005-01-11

687. CA GR SP 78806: Toll Asia Corp. vs. Hon. Amelia Fabros, et al
BEFORE US is the motion for reconsideration filed by petitioner through counsel, seeking for the reconsideration of the Decision dated 17 March 2004, the decretal portion of which reads:...
Promulgated on 2005-01-11

688. CA GR CV 78478: Sps. Corpuz, et al. vs. Apolonio Caraang
In a Resolution dated 26 March 2004, this Court ruled, Acting on the report of the Judicial Records Division dated February 11, 2004 that no appellant?s brief has been filed by defendant-appellant as per docket book, the instant appeal is hereby consider...
Promulgated on 2005-01-11

689. CA GR SP 71973: Joselito N. Hernandez vs. Heirs of Fernando Guiang, et al.
A dead person could not be validly served with summons. He had no more civil personality. His juridical capacity, which is the fitness to be the subject of legal relations, was lost through death....
Promulgated on 2005-01-11

690. CA GR SP 83682: Tan Tek Sing vs Hon. Ernesto A. Reyes et.al.,
This is a Petition for Certiorari under Rule 65 of the 1997 Rules of Civil Procedure seeking to nullify and set aside the Orders dated November 19, 2003 and January 29, 2004 issued by public respondent Ernesto A.Reyes in his capacity as presiding judge of...
Promulgated on 2005-01-11

691. CA GR CR 25827: People vs. Michael Diputado, et al.
Before this Court is a Motion for Partial Reconsideration of the Decision dated April 6, 2004 by accused-appellants on the grounds that complainant's testimony was not credible; there was no intent to kill; and conspiracy was not proved in this case....
Promulgated on 2005-01-11

692. CA GR SP 67080: Gregorio M. Monreal vs. Yolanda & Jose Liongson
For resolution before this Court is petitioner?s motion for reconsideration1 (of the 30 March 2004 Decision2) filed on 23 April 2004....
Promulgated on 2005-01-11

693. CA GR SP 88051: Dionito Valentin vs. Manila Electric Co., et al
The petition is defective on its face for the following reasons:...
Promulgated on 2005-01-11

694. CA GR SP 88052: Lt. Col. Lagnada vs. Lt. Gen. Abu, et al.
A petition for prohibition with prayer for a temporary restraining order/injunction was filed by petitioner seeking to enjoin respondents from implementing Special Order No. 345 dated December 10, 2004 relieving him as Division Chief of the Deputy Chief...
Promulgated on 2005-01-11

695. CA GR SP 86037: Mega Manpower v. NLRC, et al
Submitted for our consideration is a Motion To Withdraw Petition filed by the petitioner, through its counsel, alleging among others:...
Promulgated on 2005-01-11

696. CA GR SP 87465: J. C. RODRIGUEZ CONst., vs FILAMERICAN HARDWARE
In the case at bench, the instant petition is not accompanied by copies of pertinent pleadings and other material portions of the record that would support the allegations of the petition....
Promulgated on 2005-01-11

697. CA GR SP 87068: Philand Security vs. Ronaldo Santillan, et al
This pertains to the Petition for Certiorari filed by petitioner through counsel on 14 December 2004....
Promulgated on 2005-01-11

698. CA GR SP 87008: VICTOR VALENCIA, ET AL. vs. GENERAL ACCIDENT INSURANCE ASIA LTD., ET AL.
THE PETITIONERS SEEK RECONSIDERATION OF THE RESOLUTION OF NOVEMBER 24, 2004 WHEREBY THE CASE WAS DISMISSED FOR THE REASONS THEREIN STATED....
Promulgated on 2005-01-11

699. CA GR SP 68502: Coca-Cola Bottlers Phils. Inc. vs. National Labor Commission and Rodel Garcia
For consideration before this Court is a petition for certiorari under Rule 65 of the Rules of Court seeking to annul the following: a) the Decision2 dated July 24,2000 rendered by Labor Arbiter Rolando L. Bobis in Sub-RAB Case No. 05-02-00060-00, the pe...
Promulgated on 2005-01-11

700. CA GR CV 68017: Sps. Leones vs. Ramon S. Reyes
On appeal is the Decision dated April 4, 2000 of Branch 60, Regional Trial Court, Baguio City in Civil Case No. 2732-R which denied appellants? Complaint for Injunction with Prayer for a Writ of Preliminary Mandatory and Prohibitory Injunction and/or Res...
Promulgated on 2005-01-11

701. CA GR CR 00093: People vs. Romeo Buban
HC - Accused-appellant Romeo Buban was charged with five (5) counts of rape before the Regional Trial Court, Branch 64, Labo, Camarines Norte for having carnal knowledge with his own daughter, Marivic Buban, a minor who was then only twelve (12) years...
Promulgated on 2005-01-11

702. CA GR CV 67994: Mary Bausa et al., vs. Hiers of Juan Dino
BEFORE US is an Urgent Motion for Reconsideration filed by the plaintiff-appellees, seeking for the reconsideration of the Decision dated 22 December 2003, the decretal portion of which reads:...
Promulgated on 2005-01-11

703. CA GR SP 78085: CLC Marketing Ventures vs. Uniwide Sales Warehose Club, Inc.. et al.
Finding merit in petitioner?s Motion to Withdraw petition for the reason therein cited, which the Court finds to be meritorious, the same is GRANTED and as prayed for, the herein Petition for Review is hereby deemed WITHDRAWN....
Promulgated on 2005-01-11

704. CA GR SP 59903: Eufrocina M. Cristobal vs The Hon.Alexander P. Tamayo
Before this Court is a petition for certiorari under Rule 65 of the Rules of Court which seeks to annul and set aside the Order2 dated April 4, 2000 issued by the Regional Trial Court (RTC) of Malolos,Bulacan, Branch 15, dismissing Civil Case No. 473-M-96...
Promulgated on 2005-01-11

705. CA GR SP 75441: Hilario P. Soriano vs. TEODORO JOSE D. HIRANG
Assailed in this Petition for Review are the Resolution dated 26 July 2002 issued by the Department of Justice, through its then Acting Secretary Ma. Merceditas N. Gutierrez, which affirmed the Resolution dated 14 January 2002 of the Office of the City...
Promulgated on 2005-01-11

706. CA GR SP 81160: Power Mater, vs. NLRC, et al
In this Petition for Certiorari, Power Master General Services Inc. (Petitioner) seeks the nullity of the 28 February 2003 Resolution1 of the National Labor Relations Commission in NLRC NCR CA No. 032365-02, affirming in toto the 13 May 2002 Decision2...
Promulgated on 2005-01-11

707. CA GR CV 72178: CONCORDIA G. PADIERNOS, vs. Dennis Leoy
This is an appeal from the Judgment dated 20 September 2001 of the Regional Trial Court (RTC) of Antipolo City, Branch 72, in Civil Case No. 00-5722, nullifying the marriage of Concordia Q. Padiernos and Dennis A. Leoy pursuant to Article 36 of the Fam...
Promulgated on 2005-01-11

708. CA GR CV 78267: BPI FAMILY SAVINGS BANK, INC. vs SPS. LEONCIO JOSE V. OSUNA, JR.and SOCORRO G. OSUNA
Before Us is an appeal from the January 15, 2003 Decision of the Regional Trial Court of Pasay City, Branch 108 in LRC Case No. 01-0037 entitled "In Re: Ex Parte Petition for Writ of Possession, BPI Family Savings Bank, Inc., Petitioner,"...
Promulgated on 2005-01-11

709. CA GR SP 84451: Necito Ng Chua, et al. vs. Hon. Eliodoro G. Ubiadas, et al.
This is a petition for certiorari seeking the nullification of the October 14, 2003 Order of the Regional Trial Court of Olongapo City, Branch 72, denying the motion to quash writ of possession filed by petitioners Necito Ng Chua and Alfonso Uy Ng as w...
Promulgated on 2005-01-11

710. CA GR CR 27370: People v. Rodrigo Sarcilla
This is an appeal assailing the decision of the Regional Trial Court of Sorsogon City, Branch 53, in Criminal Case No. 99-4889....
Promulgated on 2005-01-11

711. CA GR SP 87914: Binga Employees vs. NLRC, et al
At hand is a petition for certiorari assailing the Decision of the respondent NLRC dated August 31, 2004 and the Resolution of October 15, 2004 denying its reconsideration....
Promulgated on 2005-01-11

712. CA GR CV 54601: Microsoft Corporation et al vs. Grafton Training Center
On appeal before this Court are the orders dated February 15, 1996, and July 30, 19962 which were rendered by the Regional Trial Court of Manila, Branch 23, in Search Warrant Case Nos. 95-551 to 95-554 entitled People of the Philippines vs. Grafton Train...
Promulgated on 2005-01-11

713. CA GR CV 69215: Binga Hydroelectric Plant., vs. Ma. Florina Esnara
BEFORE US is a Motion to Withdraw Case filed on 18 October 2004 by the plaintiff-appellant and defendant appellee in the above-captioned case, through their respective counsels....
Promulgated on 2005-01-11

714. CA GR CV 75296: Lamberto Interino vs. Ligaya Valino, et al
The appellee Lamberto Interino (or hereafter Interino) sued the appellants who are immediate members of the Valino family (or hereafter the Valinos unless individualized) for Reconveyance With Damages, affecting a 200 square meter portion of Lot No. 2975...
Promulgated on 2005-01-11

715. CA GR SP 66452: Krona International Service vs, NLRC, etl al
The petitioner in this case Krona International Service is a recruitment agency engaged in hiring and deploying Filipino workers abroad. In November 1998, it contracted the respondent Oscar Mendiola to work as a backhoe operator or concrete mixer driver...
Promulgated on 2005-01-11

716. CA GR SP 87305: Emelia Lictao, et al. vs. Perfecto Gapuz, et al.
Petitioners seek a review of the Decision of the Regional Trial Court, Branch 33, Bauang, La Union, rendered in the exercise of its appellate jurisdiction....
Promulgated on 2005-01-10

717. CA GR CV 78004: Sunny Ilagan-Aure vs. Republic of the Philippines
This is an appeal from the Decision dated 18 October 2002 rendered by Hon. Artemio C. Briones of the Municipal Trial Court of Bauan, Batangas, in the case entitled Application for Land Registration of Title, Sunny Ilagan-Aure and Renee S. Ilagan-Donovan,...
Promulgated on 2005-01-10

718. CA GR SP 79460: Asian Security vs. NLRC, et al
In this petition for certiorari under Rule 65 of the 1997 Rules of Civil Procedure, the petitioners seek the reversal of the following issuances of the respondent National Labor Relations Commission (NLRC) in NLRC NCR CA No. 030527-02 (NLRC NCR Case No....
Promulgated on 2005-01-10

719. CA GR SP 76823: Saturnino Orden vs. James Lazo
Before Us for resolution is a Motion for Reconsideration (Rollo, pp. 74-76) filed by the petitioner on October 11, 2004 on Our Decision promulgated on August 3, 2004....
Promulgated on 2005-01-10

720. CA GR SP 73749: Unimagma Industries et al vs. Hon. Secretary of Labor, et al
It appearing that the motion for reconsideration filed by petitioner on our decision dated September 20, 2004 has not traversed any new issue which we have not yet considered in our decision, the said motion is hereby DENIED....
Promulgated on 2005-01-10

721. CA GR SP 88034: Saturnino vs. Hon. Benjamin Pozon, et al
Before this Court is a Petition for Certiorari, Prohibition and Mandamus, with prayer for the issuance of a temporary restraining order and/or writ of preliminary injunction, under Rule 65 of the 1997 Revised Rules of Civil Procedure....
Promulgated on 2005-01-10

722. CA GR CV 65435: CASH MANAGEMENT & LENDING INVESTORS CORP. vs. FLORA DE GUZMAN & OPHELIA PINGOL
For consideration of this Court is a Compromise Agreement dated June 1, 2004 submitted by the parties, praying for the approval of the same. The terms of the Compromise Agreement are as follows: COMPROMISE AGREEMENT The Plaintiff-Appellee and Defendant-A...
Promulgated on 2005-01-10

723. CA GR SP 86870: Ma. Corazon Samson-Sayo vs. Joanah Christine Lazcano Sayo, et al
The two successive motions filed by petitioner praying for additional time to submit the assailed Order of the trial court are noted....
Promulgated on 2005-01-10

724. CA GR CV 74038: Corazon Acosta et al vs. Danilo Elfa et al
This is an appeal interposed by appellants Danilo Elfa and Pedro S. Principe from the Order dated 12 September 2001rendered by the Regional Trial Court of Malolos, Bulacan, Branch 14, in Case No. P-400-2000 for Cancellation of Adverse Claim, the disposit...
Promulgated on 2005-01-10

725. CA GR SP 87014: Quiambao vs. Ceferino Laus, et al
Submitted for our consideration is a Motion To Withdraw Petition For Review filed by the petitioners, through their counsel, based on the sole ground that they have already amicably settled their disputes....
Promulgated on 2005-01-10

726. CA GR SP 87880: Chemical Industries of the Phils. vs. Secretary of Labor & Employment, et al.
The instant Petition for Certiorari (with preliminary injunction and prayer for the issuance of temporary restraining order) dated 16 December 2004,1 is outrightly DISMISSED...
Promulgated on 2005-01-10

727. CA GR CV 81280: Lourdes V. Estevez vs. Register of Deeds for Legazpi City; RP
This resolves the instant MOTION TO WITHDRAW APPEAL (dated 16 November 2004)1 filed by oppositor-appellant, Republic of the Philippines, through the Solicitor General...
Promulgated on 2005-01-10

728. CA GR CV 80985: Norbie Monib, et al. vs. Phoenix-Omega Dev. & Mgmt. Corp, et al.
The instant Appeal is DISMISSED for failure of plaintiffsappellants to file the required brief, despite notice, on authority of Section 1 (e), Rule 50 of the Revised Rules of Court....
Promulgated on 2005-01-10

729. CA GR CV 70525: Rexie Bugaring, vs. Dolores Fajardo
This is an appeal of the client of a lawyer from a judgment by default rendered against her in a civil case filed by the lawyer for his attorney s fees....
Promulgated on 2005-01-10

730. CA GR CR 27570: Reynaldo Abante vs, People of the Philippines
This is a petition for review seeking to set aside the decision, dated 30 July 2003, of the Regional Trial Court, Branch 131, Caloocan City, in Criminal Case No. C-67811, which on appeal affirmed in toto the decision, dated 26 February 2003, of the Metr...
Promulgated on 2005-01-10

731. CA GR SP 72782: Ma Fe Leyretana-Matubis vs. Hon. Judge Hilario L. Laqui, et al.
This is a Petition For Review under Rule 42 of the Revised Rules of Court with a prayer for a Writ of Preliminary Injunction and/or Temporary Restraining Order seeking to reverse the Decision of the Regional Trial Court (RTC) of Quezon City, Branch 218 da...
Promulgated on 2005-01-10

732. CA GR SP 83248: Ma. Lourdes Cabansay vs. NLRC, et al
Impugned in this petition for certiorari, as tainted with grave abuse of discretion amounting to lack or excess of jurisdiction, are: (1) The Resolution dated August 29, 2003 of the National Labor Relations Commission (or NLRC),in NLRC NCR CA No. 033624-0...
Promulgated on 2005-01-10

733. CA GR CV 63154: Sps. dela Rosa vs. RP
On appeal by the State, through the Office of the Solicitor General (OSG), is the Decision dated February 27, 1998 of the Metropolitan Trial Court (MTC) of Pasig City, in a land registration case...
Promulgated on 2005-01-10

734. CA GR SP 87409: SOTERA URRO VS. EUSTAQUIA U. REYES, ET AL.,
For failure of petitioners to attach to the petition, copies of 1) the complaint for ejectment, 2) the order dated 3 April 2004, 3) the motion for summary judgment, 4) the order dated 16 July 2003, 5) respondents' memorandum on appeal,6) the opposition...
Promulgated on 2005-01-10

735. CA GR CV 80503: Moreno Mangabat vs. Republic of the Philippines
In view of the Office of the Solicitor General s motion to withdraw appeal dated December 6, 2004 stating that after a careful evaluation of the evidence on record, it was found that there is no ground to sustain an appeal, the motion is granted and the p...
Promulgated on 2005-01-10

736. CA GR CV 80424: Metropolitan Bank & Trust Co. vs. Sps. Dimayacyac, et al.
Before this Court is an appeal from the Order1 dated March 31, 2003 of the Regional Trial Court, National Capital Judicial Region, Branch 214, Mandaluyong City in LRC NO. MC-00-112...
Promulgated on 2005-01-07

737. CA GR CV 69124: Metropolitan Bank & Trust Co. vs. Evangeline Creations Co., et al.
This is an appeal from the Decision of the Regional Trial Court, Branch 145, Makati City, which dismissed plaintiff-appellant?s complaint for collection of deficiency balance on the mortgage loans of defendantsappellees....
Promulgated on 2005-01-07

738. CA GR SP 66997: PIO B. DAGUINOD vs NLRC, et al
This resolves the Motion for Reconsideration of the Decision dated August 16, 2004 filed by petitioner....
Promulgated on 2005-01-07

739. CA GR SP 87328: Manuel V. Baviera vs. Esperanza Paglinawan-Rosario, et al.
Before this Court is a petition for certiorari under Rule 65 of the 1997 Rules of Civil Procedure seeking to annul and set aside the Resolutions dated 30 April 2004 and 15 June 2004 of public respondent State Prosecutor II Esperanza Paglinawan-Rozario of...
Promulgated on 2005-01-07

740. CA GR SP 69601: HERMINIGILDO DE JESUS VS. RAFAEL MAGPILY
Before us is a Petition for Review, assailing the December 10, 2001 Decision of the RTC, Branch 91 of Sta. Cruz, Laguna in Civil Case No. SC-3874, which affirmed the decision of the MTC of Sta. Cruz, Laguna....
Promulgated on 2005-01-07

741. CA GR CV 73487: ROMEO L. ERECE VS. CIVIL SERVICE COMMISSION, ET. AL.
Before us is a Petition for Review of Resolution No. 020124 of the Civil Service Commission (CSC) dated January 24, 2002...
Promulgated on 2005-01-07

742. CA GR SP 87887: Batangas Express v. NLRC, et al
The instant Petition for Certiorari filed by the petitioner, through its counsel, is ordered DISMISSED for the reason that it is not accompanied by copies of the pleadings and other material documents as would support the allegations of the petition1,...
Promulgated on 2005-01-07

743. CA GR SP 78369: CARMINA S. MENDOZA VS. NLRC, ET. AL.
Before Us is a Petition for Certiorari under Rule 65 seeking to annul and set aside the May 31, 1999 Resolution of the National Labor Relations Commission...
Promulgated on 2005-01-07

744. CA GR SP 83725: San Miguel Corp., et al. vs. NLRC, et al.
Petitioner San Miguel Corporation (SMC for brevity) filed this instant Petition for Certiorari under Rule 65 of the Rules of Court, seeking for the review and reversal of the 30 December 2003 and the 20 February 2004 Resolutions of the public respondent N...
Promulgated on 2005-01-07

745. CA GR SP 87930: Raul H. Sesbreno vs. Stella Cabucco Andres
Before us is a special civil action for certiorari and mandamus, filed by Atty. Raul H. Sesbre?o, assailing the Order, dated December 8, 2004, of Executive Judge Stella Cabucco Andres of the Regional Trial Court of San Pedro, Laguna, denying his Applica...
Promulgated on 2005-01-07

746. CA GR SP 87472: Manuel V. Baviera vs. Rolando B. Zoleta, 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 Resolution dated June 22, 2004 of the Office of the Ombudsman dismissing petitioner?s criminal complaint against respondent...
Promulgated on 2005-01-07

747. CA GR SP 87584: Pio delos Reyes (deceased) rep. by Heirs of Fidel delos Reyes vs. Hon. Waldo Q. Flores, et al.
Come now, petitioners, on a special civil action for certiorari, assailing the Order, dated September 30, 2004, of the respondent Waldo Q. Flores, Senior Deputy Executive Secretary, Office of the President....
Promulgated on 2005-01-07

748. CA GR SP 67316: Heirs of Valentina Alvarez vs. Hon. Felimon Montenegro, et al
An actual possessor of land who was ousted by virtue of a writ of demolition was restored to his possession when the court realized that he was not a party to the case. The encompassing question is whether the volte-face may be annulled by certiorari....
Promulgated on 2005-01-07

749. CA GR CV 81001: Melencio Cortes, Jr. vs. Arturo Rodriguez, et al.
The instant Appeal is DISMISSED for failure of plaintiff-appellant to file the required brief despite notice, on authority of Section 1 (e), Rule 50 of the Revised Rules of Court....
Promulgated on 2005-01-07

750. CA GR SP 87994: Pedro Tayum vs. Cipriano delos Reyes
The Petition for Review faces outright dismissal because it is a wrong mode of remedy since the assailed order dismissing the petition for certiorari, was issued by the Regional Trial Court in the exercise of its original jurisdiction. The proper remedy s...
Promulgated on 2005-01-07

751. CA GR SP 59517: Phil. Airlines, Inc. vs. NLRC, et al.
Philippine Airlines (PAL) Flight PR502/November 8, 1995 was scheduled to depart from Singapore for Manila at 0940H. The cabin crew boarded the aircraft at 0925H, which actually took off at 1042H, a delay of one (1) hour and two (2) minutes....
Promulgated on 2005-01-07

752. CA GR CR 28762: People vs. Almario Catubig
The Motion to Withdraw Appeal filed by counsel of the accusedappellant, accompanied with a letter of the accused-appellant that he was fully aware of the nature and consequences of the withdrawal of his appeal, is hereby GRANTED....
Promulgated on 2005-01-07

753. CA GR SP UDK 5270: FLOR T. PRIMAVERA & EMMA E. ASOR vs. JUDGE NOVELITA V. LLAGUNO, ET AL..
The records show that the docketing fees in the amount of Three Thousand Five Hundred Thirty Pesos (P3,530.00) was not paid. The People of the Philippines was not impleaded as party respondent as required under par. 2 Sec. 1, Rule 7 of the Rules of Court...
Promulgated on 2005-01-07

754. CA GR SP 80994: Ocean Light Export vs. NLRC, et al
We have carefully perused the Motion for Reconsideration filed by petitioners through counsel of Our Decision dated September 28, 2004 and find no cogent or compelling reason to reconsider the same....
Promulgated on 2005-01-07

755. CA GR CV 75729: People; Roberto Soriano vs. Atty. Manuel Dizon
Accused-appellant Manuel Dizon appeals from the portion of the decision, dated November 29, 2001, of the Regional Trial Court (RTC) of Baguio City, rendered in Criminal Case No. 14981-R,...
Promulgated on 2005-01-07

756. CA GR CR 27147: People vs. Chen Siong Cai @ James Tan
We have carefully perused the Motion for Reconsideration filed by accused-appellant of Our Resolution dated October 21, 2004 and find no cogent or compelling reason to reconsider the same....
Promulgated on 2005-01-07

757. CA GR SP 74323: Nagtahan Terminals, vs. Edgar Avila, et al
By this petition for certiorari, Nagtahan Terminals, Inc. (or hereafter NTI for brevity) asks that the Resolution dated April 24, 2002 issued by the respondent Secretary Hernando B. Perez of the Department of Justice (or DOJ), be reversed and set aside....
Promulgated on 2005-01-07

758. CA GR SP 87868: Sps. Enrico Laureola, vs. Hon. Antonio Manzano, et al
This is a petition for certiorari under Rule 65 to set aside (a) the Order of the RTC of Calamba City on August 16, 2004 granting the motion to dismiss and dismissing a complaint for nullification of foreclosure proceedings and loan documents, and (b) the...
Promulgated on 2005-01-06

759. CA GR SP 87985: Sps. Aguila, et al. vs. The RTC, Br. 5, Lemery, Batangas, et al.
In this Petition for Certiorari, it is alleged, among others, that petitioners executed a Real Estate Mortgage on that parcel of land covered by TCT No. T-4391 in favor of private respondent United Coconut Planters Bank (UCPB);...
Promulgated on 2005-01-06

760. CA GR SP 87944: Ma. Alili Pornela-Fukui vs. Hon. Abelio Marte, et al.
Before this Court is a petition for certiorari under rule 65 filed by petitioner on 22 December 2004....
Promulgated on 2005-01-06

761. CA GR SP 81333: Telengtan Bros. & Sons, Inc., et al. vs. NLRC, et al.
In this Petition for Certiorari, petitioners Telengtan Bros. and Sons, Incorporated, Johnny Chung, Chung Tiong Tay and Susan Resurrecion assail the Resolutions dated October 8, 2002 and October 27, 2003 of the National Labor Relations Commission (NLRC)...
Promulgated on 2005-01-06

762. CA GR SP 56080: Lolito Fulleros, et al. vs. Hon. Romeo S. Danas, et al.
It appearing from the Motion to Dismiss filed by private respondent Demosthenes L. Reverente, that certain events and circumstances have arisen during the pendency of the herein proceeding,...
Promulgated on 2005-01-06

763. CA GR SP 87904: Manila Diamond Hotel vs. Ferdinand Halcon, et al.
Before this Court is a Petition for Certiorari filed by petitioner Manila Diamond Hotel on December 20, 2004. After a careful perusal of the petition, this Court resolved to dismiss the same for the following reasons:...
Promulgated on 2005-01-06

764. CA GR SP 80846: Alexander Fajardo vs. NLRC, et al.
Before this Court is a Motion for Reconsideration1 of the Decision dated May 17, 20042 by private respondents alleging that public respondent NLRC did not commit grave abuse of discretion; that the petition seeks to correct an error or judgment...
Promulgated on 2005-01-06

765. CA GR SP 78531: Demetrio L. Borja vs. Sps. Imperial
Before Us is a motion for reconsideration of the decision rendered by this Court on November 23, 2004 imposing upon Demetrio L. Borja (hereinafter, petitioner-movant) a penalty of suspension of two (2) years from the practice of the architect professio...
Promulgated on 2005-01-06

766. CA GR CV 56474: Samson Andres, et al. vs. Sps. Orifon
Samson Andres and the Heirs of Eugenio Baltazar (Samson Andres, et al.) filed with the Regional Trial Court (Branch 23, Roxas, Isabela) a Complaint for Reconveyance, Annulment of TCT No. T-199859, Injunction and Damages...
Promulgated on 2005-01-06

767. CA GR CV 67953: Total Office Products, et al vs. Terence Tan, et al
Before the Court is an appeal from the Decision dated September 13, 19992 in Civil Case No. 67918 of Branch 266, Regional Trial Court, Pasig City which declared the check in the amount of Five Million Pesos (P5,000,000.00) issued by John Charles Chang, J...
Promulgated on 2005-01-06

768. CA GR CV 79646: Gloria C. Garcia vs. Melanie M. Mesina, et al.
Before the Court is an ordinary appeal on the 06 January 2003 Decision (hereinafter referred to as the ?Assailed Decision?) of the Regional Trial Court, Third Judicial Region, Branch 24, Cabanatuan City in Civil Case NO. 2549 (AF)...
Promulgated on 2005-01-06

769. CA GR CV 83402: Sunwestville Realty & Dev. Corp. vs. PNB
Finding the Joint Motion to Dismiss Based on Release, Waiver and Quitclaim to be in order, the same is hereby GRANTED. Accordingly, the instant appeal is DISMISSED with prejudice....
Promulgated on 2005-01-06

770. CA GR SP 86432: Alvin Agustin T. Ignacio vs. Hon. Vicente A. Hidalgo, et al.
In this Petition for Certiorari, Alvin Agustin T. Ignacio assails the Order of the Regional Trial Court, Branch 37, Manila issued on July 19, 2004 granting private respondents? application for a writ of preliminary injunction enjoining the Board of Commi...
Promulgated on 2005-01-06

771. CA GR SP 86839: Antonio G. Cabamongan vs. NLRC, et al.
For failure of the petitioner to file his petition for certiorari within the 15-day extended period which expired on November 3, 2004, this case is hereby ordered DISMISSED....
Promulgated on 2005-01-06

772. CA GR CV 75002: Melicio Balin, vs. Reynaldo Dante Lasin
The appellee Melecio Balin (or hereafter Balin), through his attorneyin-fact Asuncion Pancho, filed this suit for Recovery of Possession and Damages and with Prayer for the Issuance of Preliminary and/or Temporary Restraining Order against the appellant R...
Promulgated on 2005-01-06

773. CA GR SP 87808: Francisco S. Senot vs. Eduardo R. Ermita, et al.
The Compliance submitted by the petitioner in response to our Resolution, dated December 23, 2004 is hereby NOTED and deemed adequate compliance with the directives contained therein....
Promulgated on 2005-01-06

774. CA GR SP 81851: UP Alumni Association vs. Hon. Ma. Luisa Q. Padilla, et al
At bar is a petition for certiorari under Rule 65 of the 1997 Rules of Civil Procedure to annul and set aside the Order dated November 28, 2003 of the Regional Trial Court (RTC) of Quezon City, Branch 215 in SEC Case No. Q-03-49674 and to prohibit Public...
Promulgated on 2005-01-06

775. CA GR SP 82675: Sps. Francis Reonisto vs. Sps. Christopher Co
Before Us for resolution is a Petition for Review (dated March 12, 2004) filed by the herein petitioners (pages 10-26 of the Rollo), on the Order of the Regional Trial Court (Branch 2) in Legazpi City, denying petitioner s motion for reconsideration (page...
Promulgated on 2005-01-06

776. CA GR CV 82226: SALVACION COMENDADOR VS. SPS. EDILBERTO OCAMPO, ET. AL.
For failure of plaintiff-appellant to file a brief within the reglementary period, the appeal is considered abandoned and is accordingly DISMISSED pursuant to Sec. 1(e), Rule 50 of the 1997 Rules of Civil Procedure....
Promulgated on 2005-01-06

777. CA GR CV 82246: SPS. MARIANO & CONSOLACION SANCHEZ, ET. AL. VS. SPS. MANUEL and CARMEN VILLAFLORES
For failure of defendants-appellants to file a brief within the reglementary period, the appeal is considered abandoned and is accordingly DISMISSED pursuant to Sec. 1(e), Rule 50 of the 1997 Rules of Civil Procedure....
Promulgated on 2005-01-06

778. CA GR SP 86212: Felicidad B. Castro vs. Hon. Jose Pilar, et al
Before Us is a petition for certiorari under Rule 65 of the 1997 Rules of Civil Procedure to annul and set aside the Orders dated August 12, 2004 and September 2, 2004 of the Regional Trial Court of Bangui, Ilocos Norte, Branch 19, in Civil Case No. 752-1...
Promulgated on 2005-01-06

779. CA GR SP 82591: ROXANA YANG, ET AL. VS. ROBERT T. YANG, ET AL.
The instant petition for review filed on 5 April 2004 is hereby dismissed on the ground of erroneous and improper remedy, considering that the subject of the petition is the order of dismissal rendered by the Regional Trial Court. The proper remedy is...
Promulgated on 2005-01-06

780. CA GR SP 84987: Teodora M. Catuira, vs. Hon. Alfredo C. Flores, et al
Before Us for resolution is a Motion for Reconsideration (Rollo, pp. 237-255) filed by the petitioner on Our October 6, 2004 Decision which denied due course and dismissed the Petition....
Promulgated on 2005-01-06

781. CA GR CR 28713: PEOPLE VS. ANITA CAPULONG
Considering that the "Second Motion for Extension of Time" filed by accused-appellant thru counsel is unsigned, it is as if no pleading has been filed; accused-appellant having failed to file a brief up to this time, the appeal is deemed abandoned and...
Promulgated on 2005-01-06

782. CA GR SP 75804: Roberto Casol et al vs. NLRC, et al
Before Us for resolution is a Motion to Admit Motion for Reconsideration and the corresponding Motion for Reconsideration (Rollo, pp. 321-331) filed by the petitioners on October 18, 2004 on Our Decision promulgated on May 19, 2004....
Promulgated on 2005-01-06

783. CA GR CV 74645: Sps. Elias Canares vs. Sps. Jonathan Besa
The appellants spouses Elias Canares and Lourdes Canares (or hereafter the Canares) filed before the Security and Exchange Commission (SEC) a complaint for Damages, Accounting, Receivership and Dissolution of Philcango International Recruitment Services (...
Promulgated on 2005-01-06

784. CA GR SP 87993: Chun Feng Wang vs. Hon. Rizalina T. C. Umali, et al
Before this Court is a Petition for certiorari dated 22 December 2004 under Rule 65 of the 1997 Revised Rules of Civil Procedure....
Promulgated on 2005-01-06

785. CA GR SP 54367: Alpha PCM, Inc. vs. Montepino Properties, Inc., et al.
Before this Court is a Motion for Reconsideration with Motion for Clarification of the Decision dated May 31, 2004. In said Motion, plaintiff-appellee seeks the reconsideration of the indemnity awarded by this Court for the right of way easement....
Promulgated on 2005-01-06

786. CA GR CR 27617: PEOPLE OF THE PHILIPPINES vs. JOSE ESLABON AND ROLANDOESLABON
This is an appeal from the decision of the Regional Trial of Aparri, Cagayan in Criminal Case No. 07-989 finding the accusedappellants Rolando Eslabon and Jose Eslabon guilty beyond reasonable doubt of the crime of homicide. The dispositive portion of the...
Promulgated on 2005-01-06

787. CA GR CV 82146: MERCHANTS RURAL BANK OF TALAVERA, INC. VS. SPS. EDGARDO and CATALINA BAUTISTA, ET. AL.
For failure of defendants-appellants to file a brief within the reglementary period, the appeal is considered abandoned and is accordingly DISMISSED pursuant to Sec. 1(e), Rule 50 of the 1997 Rules of Civil Procedure....
Promulgated on 2005-01-06

788. CA GR SP 87520: Sps. Arturo Deato vs. Ma. Luisa Geronimo
Considering that the copies of the HLURB Decision dated December 16, 1999 and the HLURB Resolution dated August 29, 2003 are mere machine copies ?...
Promulgated on 2005-01-06

789. CA GR SP 87428: Millet Robles-Murallo vs. Hon. Milagros Quijano, et al.
Before this Court is a petition for Certiorari and Prohibition with preliminary mandatory injunction or restraining order1 filed by petitioner on 16 November 2004....
Promulgated on 2005-01-05

790. CA GR CR 27710: PEOPLE OF THE PHILIPPINES vs. FERDINAND MIRANDA Y IGAT
On appeal before this Court is the decision dated July 16, 2003 of the Regional Trial Court of Makati City in Criminal Case No. 02-2185 finding accused Ferdinand Miranda y Igat guilty of violating Section 11, Article II of Republic Act No. 9165, otherwis...
Promulgated on 2005-01-05

791. CA GR SP 81678: Devine Word vs. Hon. Hans Cacdac, et al
Impugned in this petition for certiorari, as tainted with grave abuse of discretion amounting to lack or excess of jurisdiction, are: (1) The Decision dated October 17, 2003 of Bureau of Labor Relations Director Hans Leo J. Cacdac, which reversed the Reso...
Promulgated on 2005-01-05

792. CA GR CV 78838: Conchita Aquino, et al vs. Malabon Vendors
Appeal by writ of error from the decision of the Regional Trial Court of Malabon City in Civil Case No. 2895-MN ordering the dismissal of the therein...
Promulgated on 2005-01-05

793. CA GR CR 27637: PEOPLE OF THE PHILIPPINES vs. ROLANDO PANES y MADJALES
This is an appeal assailing the Decision of the Regional Trial Court of Pasay City, Branch 116 finding accused-appellant Rolando Panes y Madjales guilty of violating Article II, Section 11, paragraph 3 of Republic Act 9165 otherwise known as the Comprehen...
Promulgated on 2005-01-05

794. CA GR SP 55644: Constancia Sarmiento vs. Pocidio Quiambao, Jr
Alejandro Colleges with a campus at Novaliches, Quezon City was under the stewardship of the petitioner Constancia Sarmiento when she filed a criminal complaint with the Ombudsman against CHED Director Pocidio Quiambao Jr. in November 1998. For the previ...
Promulgated on 2005-01-05

795. CA GR SP 84921: DR. ULYSSES A. BRITO, vs. Sandy Padilla, et al
Before us is a petition for review under Rule 43 of the 1997 Rules of Civil Procedure filed by petitioner Dr. Ulysses A. Brito, seeking the reversal and setting aside of the Decision of the Ombudsman (PIAB-C) dated March 5, 2004 in OMB-C-A-03-0245-G dis...
Promulgated on 2005-01-05

796. CA GR SP 81543: JESUS B. LOPEZ vs. NLRC , ET AL.
This is a petition for certiorari under Rule 65 of the Rules of Court as amended, filed by petitioner Jesus B. Lopez seeking the review and reversal of the assailed resolution dated August 29, 2003 of the National Labor Relations Commission. The dispositi...
Promulgated on 2005-01-05

797. CA GR CV 66566: Vicente Sy et al vs. Republic of the Philippines
Ubi juris, ubi remedium. When there is a right, there is a remedy. In this case, the primary issue to be resolved is whether petitioner-appellees availed of the proper remedy by filing a special proceeding for correction of entries in the Civil Register...
Promulgated on 2005-01-05

798. CA GR CV 69559: JOSE A. ROMAN, JR. vs. REPUBLIC OF THE PHILIPPINES
Before Us on appeal is the Resolution of the Regional Trial Court, Branch 225 of Quezon City dated September 20, 2000 in LRC Case No. 99- 12093 granting the petition for reconstitution of Transfer Certificate of Title No. 59760 of the Registry of Quezon C...
Promulgated on 2005-01-05

799. CA GR CV 79271: ANTONETTE L. LAPATING vs. ALVIN M. LAPATING
Before Us on appeal by the oppositor Republic of the Philippines through the Office of the Solicitor General is the decision of the Regional Trial Court, Branch 2 of Balanga City in Civil Case No. 7196, involving a petition for declaration of nullity of m...
Promulgated on 2005-01-05

800. CA GR SP 87829: Corneli delas Alas, et al vs. Raymundo Espiritu, et al
Before this Court is a Petition dated 08 December 2004 under Rule 47 of the 1997 Revised Rules of Civil Procedure, for annulment of the Decision dated 08 July 1999 rendered by the Regional Trial Court, 4th Judicial Region, Santa Cruz, Laguna, Branch 26 in...
Promulgated on 2005-01-05

801. CA GR CV 77559: GOLDLOOP PROPERTIES, INC. vs. ENRIQUE C. ABAD, et al.
This is an appeal from the Decision dated June 10, 2002 of the Regional Trial Court of Pasig City, Branch 167 in Civil Case No. 67192, for Collection of a Sum of Money with Prayer for Writ of Attachment....
Promulgated on 2005-01-05

802. CA GR SP 77319: Toribio Aguda, et al v. Renato Aguda
For failure of the petitioners through counsel to comply with our resolution of September 17, 2004 indicating their lack of interest in the further prosecution of this case, this petition is hereby ordered DISMISSED....
Promulgated on 2005-01-05

803. CA GR SP 84671: Police Inspector Dominic Guerrero vs. Hon. Nimfa Vilchez, et al
Assailed in the present petition is the Order dated April 28, 20041 of the Regional Trial Court (RTC) of Manila, Branch 48 in the case entitled In the Matter of the Petition for the Issuance of the Writ of Habeas Corpus to Recover Custody of Minor Denver...
Promulgated on 2005-01-05

804. CA GR SP 69919: Carmie's Garments, et al. vs. NLRC, et al.
Before us is a petition for certiorari under Rule 65 of the Revised Rules of Court which seeks to nullify and set aside the Resolution of the National Labor Relations Commission (hereinafter NLRC) dated January 11, 2002 in the consolidated cases NLRC RAB...
Promulgated on 2005-01-05

805. CA GR SP 87941: Sps. Rodolfo & Levilinda Cruz-Angeles vs. Hon. Alexander P. Tamayo, et al.
A careful perusal of the petition reveals that the following formal flaws are extant in the petition: - Verification lacks the assurance that the allegations in the petition are based on authentic records;...
Promulgated on 2005-01-05

806. CA GR CV 81666: EXPEDITA L. AQUINO vs. CAMARINES SUR ELECTRIC COOPERATIVE (CASURECO) IV
This is an appeal from the Order dated December 22, 2003, issued by the Regional Trial Court of Naga City, Branch 62, dismissing Civil Case No. RTC 2003-023, entitled "Expedita L. Aquino vs. CASURECO IV," for Damages....
Promulgated on 2005-01-05

807. CA GR SP 87973: BF Metal Corp., et al. vs. Hon. Enrico Angelo C. Portillo, et al.
A careful perusal of the petition reveals that it suffers from the following formal flaws, viz: - There is no statement of material dates to determine the timeliness of the filing of the petition......
Promulgated on 2005-01-05

808. CA GR SP 83107: FELICIANO HERNANDEZ vs. NATIONAL LABOR RELATIONS COMMISSION, et al.
Challenged in this petition for certiorari under Rule 65 of the 1997 Rules of Civil Procedure is the Decision of the National Labor Relations Commission dated October 30, 2003 (Annex "F", Petition), affirming the Decision of the Labor Arbiter dated Jul...
Promulgated on 2005-01-05

809. CA GR SP 84360: One Lafayette Square Condominium Asso., Inc. vs. Hon. Galapate-Laguilles, et al.
For resolution before this Court is petitionercorporation?s motion to disqualify1 the Bernas Law Offices, counsel for respondent Cielo Custodio, filed on 12 August 2004....
Promulgated on 2005-01-05

810. CA GR CR 27433: People vs. Manolito Tongko
Appeal by writ of error by the accused-appellant Manolito Tongko y Orros from the Decision of the Regional Trial Court of Quezon City, Branch 96, in Criminal Case No. Q-98-78475, convicting him of the complex crime of attempted estafa through falsificati...
Promulgated on 2005-01-05

811. CA GR SP 82805: Metropolitan Bank vs. Nixon Lontoc
This petition for review seeks to overturn: (1) The Resolution dated March 18, 2003 of the Department of Justice, which modified the resolution dated October 29, 2001 of the Provincial Prosecutor s Office of Rizal directing the dismissal of the case aga...
Promulgated on 2005-01-05

812. CA GR SP 87864: Luciano Paz vs. Hon. N. C. Perello, et al.
Section 1 of Rule 65 and Section 3 of Rule 46 which govern petitions for certiorari invariably require, among others, that the petition shall be accompanied by copies of all pleadings and documents relevant and pertinent thereto....
Promulgated on 2005-01-04

813. CA GR CV 80642: Marites Caballero v. Basa Air Base, et al
Before us is a Manifestation/Motion filed by the plaintiffappellant, through her counsel, praying that the Order of the court a quo dated November 10, 2003 be amended to reflect Commercial Case No. 25 entitled In re: Intra Corporate Controversy On Termin...
Promulgated on 2005-01-04

814. CA GR SP 81091: Philippine Ports Authority vs. Hon. Tac-an et al
This pertains to the Urgent Motion for the Issuance of a Writ of Preliminary Injunction filed on 23 December 2004 by the petitioner Philippine Ports Authority for the purpose of enjoining the execution of several assailed orders of respondent judge Hon. P...
Promulgated on 2005-01-04

815. CA GR SP 87611: Benedicto Yujuico vs Raul De Mesa, et al.
This is a Petition for Review under Rule 43 of the 1997 Rules of Civil Procedure assailing the Resolution of the Department of Justice (DOJ) dismissing the appeal of petitioner from the Resolution of the City Prosecutor's Office of Makati City (I.S. No....
Promulgated on 2005-01-04

816. CA GR SP UDK 5269: Rodolfo Ignacio, Jr. vs Conrado Aberin, et al.
Petitioner's Motion For Extension Of Time To File Petition For Review and Docket And Other Legal Fees dated December 9, 2004, is DENIED. Under Section 1, Rule 42, of the 1997 Rules of Civil Procedure, this Court may grant an extension of time to file the...
Promulgated on 2005-01-04

817. CA GR CR 00150: People vs. Isidro Avesilla
This is an appeal from the Decision dated May 2, 2000 in Criminal Cases Nos. 08-940 and 08-941 of Branch 8, Regional Trial Court (RTC), Aparri, Cagayan which convicted appellant Isidro Avesilla of two (2) counts of rape committed against a minor....
Promulgated on 2005-01-04

818. CA GR SP 87917: Golden Thread Knitting Employees Union, et al. vs. Golden Thread Knitting Industries, Inc., et al.
A petition for certiorari was filed by petitioners on December 20, 2004 assailing the Resolution dated April 30, 2004 of the National Labor Relations Commission, which affirmed the Decision of Labor Arbiter Romeo L. Go in NLRC NCR Case No. 00-07-05038-200...
Promulgated on 2005-01-04

819. CA GR CR 28978: Erlinda Mapagay vs. People of the Philippines
Before this Court is a Petition for Review dated 22 December 2004 filed under Rule 42 of the 1997 Revised Rules of Civil Procedure....
Promulgated on 2005-01-04

820. CA GR CR 28759: PEOPLE OF THE PHILIPPINES vs ALLAN LAYA Y ARBOLEDA
Accused-Appellant's Urgent Motion To Withdraw Appeal is hereby GRANTED. Accordingly, this case is deemed TERMINATED....
Promulgated on 2005-01-04

821. CA GR SP 70473: ARTISTICA CERAMICA, INC., et al v. CIUDAD DEL CARMEN, et al
Before us are consolidated petitions for review under Rule 43 of the 1997 Rules of Civil Procedure, as amended. The first petition, docketed as C.A.-G.R. SP No. 70473, questions the decision of the Arbitration Committee dated April 2, 2002, ordering the p...
Promulgated on 2005-01-04

822. CA GR SP 59396: Pastora Villamor, et al. vs. Alfredo B. Villamor, Sr., et al.
Appeal, by way of petition for review, from the decision of the lower court (Regional Trial Court, Br. 2, Bangued, Abra) in Civil Case No. 1785...
Promulgated on 2005-01-04

823. CA GR SP 73911: Felisa Chua v. NLRC, et al
The Court notes the verification report of our Judicial Records Division that private respondents Marivic Ulit, Richard Magaling, Bernardo Paronia and Alma Alvaro have not complied with the March 1, 2004 resolution despite notice....
Promulgated on 2005-01-04

824. CA GR SP 86914: Democratico P. Grana, Jr. vs. Hon. Jesus Emmanuel M. Paras
For failure of the petitioner to attach to his petition a certified true copy of the appealed CSC Resolution (Sec. 6(c), Rule 43 of the Rules of Court) and an affidavit of service (Sec. 13, Rule 13, Ibid), the same is hereby DISMISSED....
Promulgated on 2005-01-04

825. CA GR SP 87643: Avantgarde Shipping v. NLRC, et al
The Verification/ Certification of Non-Forum Shopping was signed by Teodora G. Pascual, President/Chief Executive Officer of the petitioner Avantgarde Shipping Corporation....
Promulgated on 2005-01-04

826. CA GR SP 83020: C A R M E L I T A P. R A P A L vs. NLRC, ET AL.
This petition for certiorari seeks to set aside the Decision of public respondent National Labor Relations Commission promulgated on October 21, 2003 affirming the decision of the Labor Arbiter that there is no illegal dismissal, as well as the resolutio...
Promulgated on 2005-01-03

827. CA GR CV 69072: REPUBLIC OF THE PHILIPPINES, ET AL. vs. THE REGISTER OF DEEDS, ET AL.
On 3 March 1986, defendant-appellant Roberto Otto now deceased filed with the former Bureau of Lands, now Community Environment and Natural Resources Office [CENRO], Antipolo, Rizal, Free Patent Application No. [IV-1] 14299 covering Lot No. 6829, Mcad-58...
Promulgated on 2005-01-03

828. CA GR SP 81985: TELENGTAN BROTHERS AND SON'S, INC., ET AL. vs. NLRC, ET AL.
This is a petition for certiorari with prayer for a temporary restraining order, assailing the August 30, 2002 Decision of public respondent National Labor Relations Commission (NLRC) which affirmed the decision of the Labor Arbiter with modification inc...
Promulgated on 2005-01-03

829. CA GR CV 68863: PHIL. CHARTER INSURANCE CORP. vs. EASTERN SHIPPING LINES, INC.
This case involves a claim for damages arising from the alleged breach of contract of carriage when cargoes delivered to the consignee at the port of Manila were found short of the number specified in the contract, or in the bill of lading. It is alleged...
Promulgated on 2005-01-03

830. CA GR SP 84460: Fernando O. Duran, Jr., et al. vs. Hon. BoanergesCandolea, et al.
Alleging grave abuse of discretion amounting to excess or lack of jurisdiction committed by public respondent Presiding Judge of the Regional Trial court of Sorsogon, Branch 53, in issuing its Order of April 12, 2004...
Promulgated on 2005-01-03

831. CA GR SP 83694: Alfredo Galman vs. RTC-Paranaque City, Br. 259, et al.
Challenged in this Petition for certiorari is the Order dated July 16, 2003 of the Regional Trial Court of Para?aque City, Branch 259 which denied herein petitioner?s notice of appeal....
Promulgated on 2005-01-03

832. CA GR SP 86703: SPS. MANUEL & SISA RODRIGUEZ, ET AL. vs. THE HON. PRESIDING JUDGE
Despite the extension of fifteen (15) days from October 13, 2004 or until October 28, 2004 granted to the petitioners within which to file Petition for Review, no Petition for Review has been filed as of this date. WHEREFORE, in view of the foregoing th...
Promulgated on 2005-01-03

833. CA GR CR 28043: People vs. Roberto Santos y Parungan
The instant Appeal is DISMISSED for failure of accusedappellant to file the required brief despite the extended period granted by this Court, on authority of Section 8, Rule 124 of the Revised Rules of Court....
Promulgated on 2005-01-03

834. CA GR SP 82613: SOUTHEAST ASIAN COLLEGE, INC. vs. NLRC, ET AL.
This is a petition for certiorari seeking to annul and set aside the decision rendered by the public respondent National Labor Relations Commission denying petitioner's appeal and the resolution dated December 10, 2003 denying petitioner's motion for rec...
Promulgated on 2005-01-03

835. CA GR CV 67790: Reynaldo Concepcion, et al. vs. Republic of the Philippines
The Republic of the Philippines, through the Office of the Solicitor General, interposes this appeal from the Decision dated December 29, 1999 of Branch 76, Regional Trial Court, San Mateo, Rizal in LRC Case No. N-258 which granted appellees? Application...
Promulgated on 2005-01-03

836. CA GR SP 81727: Phil. Transmarine Carriers, Inc. etc vs NLRC,et al.
After assiduously perusing the arguments raised in petitioners' Partial Motion for Reconsideration dated September 1, 2004, and those contained in private respondent's Opposition thereto, We found the Motion offering no compelling reason to modify or r...
Promulgated on 2005-01-03

837. CA GR SP 82155: People vs. Hon. Eufronio K. Maristela, et al.
Submitted for decision is a petition for certiorari under Rule 65 of the Revised Rules of Court which seeks to nullify and set aside for grave abuse of discretion amounting to lack and/or in excess of jurisdiction the twin Orders issued by the Regional T...
Promulgated on 2005-01-03

838. CA GR CV 71553: GENCIANO S. SAWALI vs. MILAGROS A. ORTEGA
Before Us on appeal is the decision of the Regional Trial Court, Branch 4 of Manila in Civil Case No. 00-99199 involving a petition for declaration of nullity of marriage filed by petitioner Genciano S. Sawali against Milagros A. Ortega, the dispositive p...
Promulgated on 2005-01-03

839. CA GR SP 80286: JOSE LALUAN vs. CARIDAD TAACA, et al.
Before Us is a petition for review under Rule 42 of the 1997 Rules on Civil Procedure seeking the review of the September 23, 2003 Decision rendered by Regional Trial Court of Tuguegarao City affirming the May 23, 2003 Decision of the Municipal Circuit Tr...
Promulgated on 2005-01-03




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