Philippine Supreme Court Jurisprudence


Philippine Supreme Court Jurisprudence > Year 2017 > June 2017 Decisions > G.R. No. 192391, June 19, 2017 - ESTATE OF HONORIO POBLADOR, JR., REPRESENTED BY RAFAEL A. POBLADOR, Petitioner, v. ROSARIO L. MANZANO, Respondent.:




G.R. No. 192391, June 19, 2017 - ESTATE OF HONORIO POBLADOR, JR., REPRESENTED BY RAFAEL A. POBLADOR, Petitioner, v. ROSARIO L. MANZANO, Respondent.

PHILIPPINE SUPREME COURT DECISIONS

FIRST DIVISION

G.R. No. 192391, June 19, 2017

ESTATE OF HONORIO POBLADOR, JR., REPRESENTED BY RAFAEL A. POBLADOR, Petitioner, v. ROSARIO L. MANZANO, Respondent.

D E C I S I O N

PERLAS-BERNABE, J.:

Before the Court is a petition for review on certiorari1 assailing the Decision2 dated September 30, 2009 and the Resolution3 dated May 26, 2010 of the Court of Appeals (CA) in CA-G.R. CV No. 78891 that denied the appeal of petitioner Estate of Honorio Poblador, Jr. (petitioner), represented by Rafael A. Poblador (Rafael), from the Order4 dated January 13, 2003 of the Regional Trial Court of Pasig City, Branch 157 (RTC). Petitioner appealed the civil aspect of the dismissed criminal case for Estafa which it filed against respondent Rosario L. Manzano (Manzano).

The Facts


Petitioner was the subject of settlement proceedings in Special Proceedings No. 9984 before the Regional Trial Court of Pasig City (Probate Court). Among its properties was one share of stock in Wack-Wack Golf and Country Club, Inc. (Wack-Wack Share) covered by membership Certificate No. 3759 issued on September 17, 1974.5

In an Order dated May 10, 1996, the Probate Court authorized petitioner's administratrix, Elsa A. Poblador (Elsa), to negotiate the sale of certain properties of petitioner, including the Wack-Wack Share. Upon Elsa's instruction, Rafael (one of the heirs of the deceased Honorio Poblador, Jr.) looked for interested buyers. Subsequently, he engaged the services of Manzano, a broker of Metroland Holdings Incorporated (Metroland)6 who, on September 9, 1996, faxed a computation for the sale of the Wack-Wack Share to petitioner,7 showing a final net amount of P15,000,000.00. On September 18, 1996,8 the final net amount to the seller was increased to P15,200,000.00.

Manzano later introduced Rafael to Moreland Realty, Inc. (Moreland), and in September 1996, the parties entered into a Deed of Absolute Sale9 with Elsa covering the Wack-Wack Share for the gross amount of P18,000,000.00. Out of the P18,000,000.00 purchase price, Moreland directly paid Elsa the amount of P15,200,000.00 through a Metrobank check.10 The balance of P2,800,000.00 was allegedly given to Manzano for the payment of the capital gains tax, documentary stamp tax, and other pertinent fees, as well as for her service fee.11

In October 1996, however, the Probate Court annulled the sale of the Wack-Wack Share. Thus, Elsa returned to Moreland the amount of P18,000,000.00 which the latter paid for the Wack-Wack Share, plus interest, and applied with the Bureau of Internal Revenue (BIR) for the refund of the taxes paid for the annulled sale. Petitioner likewise asked Manzano to return the broker's service fee.12

Meanwhile, Rafael, through petitioner's accountant, Nonilo P. Torres (Torres), allegedly requested Manzano for an accounting of the P2,800,000.00 she received on behalf of petitioner. In response, Manzano faxed the following documents addressed to Torres: (a) Cover letter dated February 4, 1997;13(b) Capital Gains Tax Return dated September 23, 1996 indicating the payment of P1,480,000.00 as capital gains tax;14 (c) BIR Certification dated September 23, 1996 indicating the payment of P1,480,000.00 as capital gains tax;15(d) Authority to Accept Payment dated September 23, 1996 indicating the payment of P135,000.00 as documentary stamp tax;16 and (e) Deed of Absolute Sale between petitioner, represented by Elsa, and Moreland.17 Examining these documents, Rafael and Torres allegedly noticed a discrepancy in the faxed Capital Gains Tax Return: while the typewritten portion of the Return indicated P1,480,000.00 as the capital gains tax paid, the machine validation imprint reflected only P80,000.00 as the amount paid. To clarify the discrepancy, petitioner secured a certified true copy of the Capital Gains Tax Return from the BIR that reflected only P80,000.00 as the capital gains tax paid for the sale of the Wack-Wack Share.18 As a result, petitioner demanded19 Manzano to properly account for the P2,800,000.00 allegedly given to her for the payment of taxes and broker's fees, but to no avail.20 This led to the filing, on December 8, 1999, of an Information21 for the crime of Estafa under Article 315, paragraph (1) (b) of the Revised Penal Code (RPC) against Manzano before the RTC, docketed as Crim. Case No. 113549.22 In the course of the proceedings, Manzano filed a Demurrer to Evidence23 praying for the dismissal of the case for failure of the prosecution to establish the essential elements of Estafa with which she was charged.24

The RTC Ruling


In an Order25 dated January 13, 2003, the RTC granted Manzano's Demurrer to Evidence and dismissed the complaint for Estafa for failure of the prosecution to "prove all the elements of estafa through misappropriation as defined in and penalized under paragraph 1 (b)[, Article 315] of the Revised Penal Code, x x x."26 The RTC found that the element of deceit was absent, considering that both Manzano and Rafael were equally guilty of defrauding the government of taxes actually due on the transaction. It pointed out that Rafael knew and concurred with the plan, including the special arrangements that had to be made with the BIR, as long as the estate would receive a higher net proceed from the sale. In fact, petitioner received in full the agreed net sale proceeds of P15,200,000.00. Finally, it held that Manzano was entitled to her broker's fee in the amount of P900,000.00 as she was commissioned and successfully closed the transaction for petitioner.27

Dissatisfied, petitioner filed a motion for reconsideration28 which the RTC denied in an Order29 dated March 11, 2003. Hence, petitioner appealed the civil aspect of the case before the CA.

The CA Ruling


In a Decision30 dated September 30, 2009, the CA denied petitioner's appeal, declaring that the prosecution did not only fail to prove all the elements of Estafa through misappropriation;31 it also failed to prove the alleged civil liability of Manzano in the amount of P2,800,000.00.32

It found that the prosecution's evidence failed to show that Manzano personally received the P2,800,000.00 earmarked for the payment of taxes and broker's fees.33 At most, such evidence only proved that Manzano tried to help broker and negotiate the sale of the Wack-Wack Share.34 In fact, Rafael himself admitted that he was unsure if Manzano indeed received the P2,800,000.00. Neither could he state the date when she supposedly received the same.35

Moreover, the CA stressed that: (a) petitioner readily admitted receipt of the full amount of P15,200,000.00 � the amount agreed upon in the computation sent by Manzano � for the sale of the Wack-Wack Share which was paid with a check by the buyer, Moreland Realty, Inc., and acknowledged by Elsa A. Poblador;36(b) Rafael made a categorical admission that he did not even know who actually paid the taxes to the BIR and that the name of Manzano did not appear in the documents with respect to the payment of the capital gains tax and documentary stamp tax;37 and (c) petitioner knew that Manzano was merely an employee of Metroland, who talked to and negotiated with it in such capacity, and with whom it would not have dealt with had she not been Metroland's employee.38

Finally, the CA observed that this is a case of pari delicto, as petitioner's predicament would have been avoided if only Rafael sought the permission and approval of the Probate Court prior to the sale of the Wack-Wack Share.39

Aggrieved, petitioner sought reconsideration,40 which the CA denied in a Resolution41 dated May 26, 2010; hence, this petition.

The Issue Before the Court


The core issue in this case is whether or not the CA erred in denying petitioner's appeal on the civil liability ex delicto of Manzano.

The Court's Ruling


The petition lacks merit.

It is a fundamental rule that "[t]he acquittal of the accused does not automatically preclude a judgment against him on the civil aspect of the case. The extinction of the penal action does not carry with it the extinction of the civil liability where: (a) the acquittal is based on reasonable doubt as only preponderance of evidence is required; (b) the court declares that the liability of the accused is only civil; and (c) the civil liability of the accused does not arise from or is not based upon the crime of which the accused is acquitted. However, the civil action based on delict may be deemed extinguished if there is a finding on the final judgment in the criminal action that the [prosecution absolutely failed to prove the guilt of the accused, or the] act or omission from which the civil liability may arise did not exist, or where the accused did not commit the acts or omission imputed to him."42

In the fairly recent case of Dy v. People,43 the Court discussed the concept of civil liability ex delicto in Estafa cases under paragraph 1 (b), Article 315 of the RPC (with which Manzano was likewise charged), stating that when the element of misappropriation or conversion is absent, there can be no Estafa and concomitantly, the civil liability ex delicto does not exist. Particularly, the Court said:

Our laws penalize criminal fraud which causes damage capable of pecuniary estimation through estafa under Article 315 of the Revised Penal Code. In general, the elements of estafa are:

(1) That the accused defrauded another (a) by abuse of confidence, or (b) by means of deceit; and

(2) That damage or prejudice capable of pecuniary estimation is caused to the offended party or third person.

The essence of the crime is the unlawful abuse of confidence or deceit in order to cause damage. As this Court previously held, "the element of fraud or bad faith is indispensable." Our law abhors the act of defrauding another person by abusing his trust or deceiving him, such that, it criminalizes this kind of fraud.

Article 315 of the Revised Penal Code identifies the circumstances which constitute estafa. Article 315, paragraph 1 (b) states that estafa is committed by abuse of confidence �

Art. 315. Swindling (estafa). ... (b) By misappropriating or converting, to the prejudice of another, money, goods, or any other personal property received by the offender in trust or on commission, or for administration, or under any other obligation involving the duty to make delivery of or to return the same, even though such obligation be totally or partially guaranteed by a bond; or by denying having received such money, goods, or other property.

In this kind of estafa, the fraud which the law considers as criminal is the act of misappropriation or conversion. When the element of misappropriation or conversion is missing, there can be no estafa. In such case, applying the foregoing discussions on civil liability ex delicto, there can be no civil liability as there is no act or omission from which any civil liability may be sourced. However, when an accused is acquitted because a reasonable doubt exists as to the existence of misappropriation or conversion, then civil liability may still be awarded. This means that, while there is evidence to prove fraud, such evidence does not suffice to convince the court to the point of moral certainty that the act of fraud amounts to estafa. As the act was nevertheless proven, albeit without sufficient proof justifying the imposition of any criminal penalty, civil liability exists.44

The Court further clarified that "whenever the elements of estafa are not established, and that the delivery of any personal property was made pursuant to a contract, any civil liability arising from the estafa cannot be awarded in the criminal case. This is because the civil liability arising from the contract is not civil liability ex delicto, which arises from the same act or omission constituting the crime. Civil liability ex delicto is the liability sought to be recovered in a civil action deemed instituted with the criminal case."45

In this case, the Court agrees with the findings of both the RTC and the CA that the prosecution failed to prove all the elements of estafa through misappropriation as defined in, and penalized under, paragraph 1 (b), [Article 315] of the [RPC].46 As the RTC aptly noted, Rafael, as the representative of herein petitioner, very well knew of and concurred with the entire arrangement, including those which had to be made with the BIR. In fact, petitioner itself admitted that it received the full amount of P15,200,000.00 � the full amount to which it was entitled to under the terms of the sale of the Wack-Wack Share. For these reasons, petitioner could not claim that it was deceived. Thus, absent the element of fraud, there could be no misappropriation or conversion to speak of that would justify the charge of Estafa and, with it, the alleged civil liability ex delicto.

More significantly, the CA correctly observed that petitioner's evidence utterly failed to show that Manzano personally received the P2,800,000.00 from petitioner with the duty to hold it in trust for or to make delivery to the latter. In fact, Rafael categorically admitted that he did not even know who actually paid the taxes to the BIR, and that Manzano's name did not appear in the documents pertaining to the payment of the capital gains tax and documentary stamp tax.47 This admission clearly contradicts the disputable presumption under Section 3 (q) of Rule 131 of the Rules of Court, i.e., that the ordinary course of business has been followed, which petitioner adamantly relies on to support its claim.

A presumption is an assumption of fact resulting from a rule of law which requires such fact to be assumed from another fact or group of facts found or otherwise established in the action.48 It is an inference of the existence or non-existence of a fact which courts are permitted to draw from proof of other facts.49However, a presumption is not evidence,50 but merely affects the burden of offering evidence.51 Under Section 3, Rule 131, disputable presumptions are satisfactory, if uncontradicted, but may be contradicted and overcome by other evidence, as in this case. Apart from Rafael's admission, petitioner further admitted that: (a) Moreland directly paid Metroland the P2,800,000.00 in check although it did not actually see and was unaware to whom Moreland gave this check;52(b) it did not ask Moreland to issue the check for the payment of the taxes directly in the name of the BIR;53(c) it would not have dealt with Manzano had she not been Metroland's employee;54 and (d) it has several lawyers and an accountant at its disposal, and its representative Rafael is, in fact, in the real estate business and is familiar with brokerage transactions.55

With these admissions and under these circumstances, it is thus safe to conclude that the parties deliberately deviated from the ordinary course of business, and that � at the very least � Manzano did not deal with it in bad faith. By and large, petitioner failed to prove even by preponderance of evidence56 the existence of any act or omission of Manzano that would support its claim of civil liability ex delicto. In consequence, the present petition must fail.

As a final point, it deserves mentioning that in petitions for review on certiorari under Rule 45 of the Rules of Court, only questions of law are addressed. It is not the Court's function to analyze or weigh the evidence (which tasks belong to the trial court as the trier of facts and to the appellate court as the reviewer of facts). The Court is confined to the review of errors of law that may have been committed in the judgment under review.57 "The jurisdiction of the Supreme Court in cases brought to it from the Court of Appeals is limited to reviewing and revising the errors of law imputed to it, its findings of fact being conclusive."58

All told, the Court finds no reversible error in the CA ruling denying petitioner's appeal as its findings and conclusion are well supported by the facts and are founded in law.

WHEREFORE, the petition is DENIED. The Decision dated September 30, 2009 and the Resolution dated May 26, 2010 of the Court of Appeals in CA-G.R. CV No. 78891 are hereby AFFIRMED.

SO ORDERED.

Sereno, C.J, (Chairperson), Leonardo-De Castro, Del Castillo, and Caguioa, JJ., concur.

Endnotes:


1Rollo, pp. 13-42.

2 Id. at 46-57. Penned by then Associate Justice Jose Catral Mendoza (now a member of this Court) with Associate Justices Myrna Dimaranan-Vidal and Antonio L. Villamor concurring.

3 Id. at 59. Penned by Associate Justice Antonio L. Villamor with Associate Justices Jose C. Reyes, Jr. and Fiorito S. Macalino concurring.

4 CA rollo, pp. 21-25. Penned by Judge Esperanza Fabon-Victorino.

5Rollo, p. 17.

6 Id.

7 Id. at 60.

8 Id. at 61.

9 Id. at 62.

10 See acknowledgment receipt; id. at 63.

11 Id. at 18.

12 Id. at 18-19. See also CA rollo, p. 22.

13 Id. at 64.

14 Id. at 65.

15 Id. at 66.

16 Id. at 67.

17 Id. at 19-20 and 62.

18 Id. at 20.

19 Id. at 69-70.

20 Id. at 20-21.

21 CA rollo, pp. 26-27.

22Rollo, p. 21.

23 Not attached to the rollo.

24Rollo, p. 47.

25 CA rollo, pp. 21-25.

26 Id. at 25.

27 Id. at 23-25.

28 Not attached to the rollo.

29CA rollo, p. 13.

30Rollo, pp. 46-57.

31 Id. at 52.

32 Id. at 54.

33 Id.

34 Id. at 55.

35 Id. at 54, citing Transcript of Stenographic Notes (TSN) dated September 22, 1999 (pp. 41-42) and October 26, 2000 (p. 4).

36 Id. at 55.

37 Id. at 56.

38 Id.

39 Id.

40 Dated October 22, 2009; CA rollo, pp. 240-255.

41Rollo, p. 59. Penned by Associate Justice Antonio L. Villamor with Associate Justices Jose C. Reyes, Jr. and Fiorito S. Macalino concurring.

42Dayap v. Sendiong, 597 Phil. 127, 141 (2009). Citations omitted.

43 G.R. No. 189081, August 10, 2016.

44 Id. Citation omitted.

45 Id.

46Rollo, p. 50.

47Rollo, p. 54. See also TSN, August 24, 2000, pp. 22-23; and May 2, 2001, pp. 11-12.

48 Black's Law Dictionary, 5th Ed., 1067 citing Uniform Rule 13; NJ Evidence Rule 13.

49 See Delgado vda. de Da la Rosa v. Heirs of Marciana Rustia vda. de Damian, 516 Phil. 130, 145 (2006).

50 See Riano, Evidence (The Bar Lecture Series), (2009), p. 427, citing California Evidence Code in Black's Law Dictionary, 5th Ed., 1167.

51 See Riano, Evidence (The Bar Lecture Series), (2009), p. 427, citing 1 Wharton's Criminal Evidence, Sec. 64.

52 TSN, September 22, 1999, pp. 41-42; and October 26, 2000, p. 4

53 TSN, October 26, 2000, pp. 11-12

54 TSN, October 26, 2000, pp. 10-12.

55 TSN, September 22, 1999, pp. 43-44; and August 24, 2000, pp. 2-4 and 13.

56 Section 1, Rule 131 of the Rules of Court defines "burden of proof"' as "the duty of a party to present evidence on the facts in issue necessary to establish his claim or defense by the amount of evidence required by law." In civil cases, the burden of proof rests upon the plaintiff, who is required to establish his case by a preponderance of evidence. Once the plaintiff has established his case, the burden of evidence shifts to the defendant, who, in tum, has the burden to establish his defense. (See Sps. De Leon v. Bank of the Philippine Islands, 721 Phil. 839, 848 (2013), citing Aznar v. Citibank, N.A., (Philippines), 548 Phil. 218, 230 (2007) and Jison v. CA, 350 Phil. 138, 173 (1998); and Far East Bank & Trust Company v. Chante, 719 Phil. 221 [2013]).

57 See Far Eastern Surety and Insurance Co, Inc. v. People of the Philippines, 721 Phil. 760, 769 (2013).

58 See id. at 770, citing Chan v. CA, 144 Phil. 678, 684 (1970), in Remalante v. Tibe, 241 Phil. 930, 935 (1988).



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  • A.C. No. 10911, June 06, 2017 - VIRGILIO J. MAPALAD, SR., Complainant, v. ATTY. ANSELMO S. ECHANEZ, Respondent.

  • A.M. No. P-16-3614 [Formerly OCA IPI No. 16-4630-P], June 20, 2017 - ANONYMOUS, Complainant, v. GLENN L. NAMOL, COURT INTERPRETER, ERLA JOIE L. ROCO, LEGAL RESEARCHER AND EDSELBERT ANTHONY A. GARABATO, PROCESS SERVER, ALL OF THE REGIONAL TRIAL COURT , BRANCH 63, BAYAWAN CITY, NEGROS ORIENTAL, Respondent.

  • G.R. No. 211093, June 06, 2017 - MINDANAO SHOPPING DESTINATION CORPORATION, ACE HARDWARE PHILS., INC., INTERNATIONAL TOYWORLD, INC., STAR APPLIANCE CENTER, INC., SURPLUS MARKETING CORPORATION, WATSONS PERSONAL CARE STORES (PHILS.), INC., AND SUPERVALUE, INC., Petitioners, v. HON. RODRIGO R. DUTERTE, IN HIS CAPACITY AS MAYOR OF DAVAO CITY, HON. SARA DUTERTE, VICE-MAYOR OF DAVAO CITY, IN HER CAPACITY AS PRESIDING OFFICER OF THE SANGGUNIANG PANLUNGSOD, AND THE SANGGUNIANG PANLUNGSOD (CITY COUNCIL) NG DAVAO, Respondents.

  • G.R. No. 210693, June 07, 2017 - EMERALD GARMENT MANUFACTURING CORPORATION, Petitioner, v. THE H.D. LEE COMPANY, INC., Respondent.

  • G.R. No. 223844, June 28, 2017 - DANILO CALIVO CARIAGA, Petitioner, v. EMMANUEL D. SAPIGAO AND GINALYN C. ACOSTA, Respondents.

  • G.R. No. 224022, June 28, 2017 - TEODORICO A. ZARAGOZA, Petitioner, v. ILOILO SANTOS TRUCKERS, INC., Respondent.

  • G.R. No. 224143, June 28, 2017 - KEVIN BELMONTE Y GOROMEO, Petitioner, v. PEOPLE OF THE PHILIPPINES, Respondent.

  • A.M. No. P-17-3709 (Formerly OCA IPI No.13-4058-P), June 19, 2017 - JUDGE CELSO O. BAGUIO, Complainant, v. JOCELYN P. LACUNA, COURT STENOGRAPHER III, REGIONAL TRIAL COURT, BRANCH 34, GAPAN CITY, NUEVA ECIJA, Respondent.

  • OCA IPI No. 11-3800-RTJ, June 19, 2017 - OSCAR C. RIZALADO, Complainant, v. PRESIDING JUDGE GIL G. BOLLOZOS, REGIONAL TRIAL COURT, BR. 21, CAGAYAN DE ORO CITY, MISAMIS ORIENTAL, Respondent.; OCA IPI No. 12-3867-RTJ, June 19, 2017 - RE: LETTER-COMPLAINT DATED JUNE 27, 2011 OF OSCAR C. RIZALADO AGAINST JUDGE GIL BOLLOZOS, REGIONAL TRIAL COURT, BRANCH 21, CAGAYAN DE ORO CITY, RELATIVE TO G.R. NO. 188427 (CYNTHIA G. ESPANO, ET AL. v. DR. OTHELLO C. GUZMAN, ET AL.); OCA IPI No. 12-3897-RTJ, June 19, 2017 - OTHELLO C. GUZMAN, RICARDO GUZMAN, MARIO C. GUZMAN, SR., AND ROSARIO GUZMAN RIZALADO, Complainant, v. PRESIDING JUDGE GIL G. BOLLOZOS, REGIONAL TRIAL COURT, BRANCH 21, CAGAYAN DE ORO CITY, MISAMIS ORIENTAL, Respondent.; OCA IPI No. 13-4070-RTJ, June 19, 2017 - OSCAR C. RIZALADO, Complainant, v. PRESIDING JUDGE GIL G. BOLLOZOS, REGIONAL TRIAL COURT, BRANCH 21, CAGAYAN DE ORO CITY, MISAMIS ORIENTAL, Respondent.

  • A.C. No. 11600, June 19, 2017 - ROMULO DE MESA FESTIN, Complainant, v. ATTY. ROLANDO V. ZUBIRI, Respondent.

  • G.R. No. 218942, June 05, 2017 - PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, v. ROLANDO BISORA Y LAGONOY, Accused-Appellant.

  • G.R. No. 216937, June 05, 2017 - PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, v. TITO AMOC Y MAMBATALAN, Accused-Appellant.

  • A.M. No. MTJ-16-1870 [Formerly OCA I.P.I. No. 16-2833-MTJ], June 06, 2017 - RE: ANONYMOUS LETTER COMPLAINT, Complainant, v. JUDGE DIVINA T. SAMSON, MUNICIPAL CIRCUIT TRIAL COURT, MABINI-PANTUKAN, COMPOSTELA VALLEY, AND UTILITY WORKER FRANCISCO M. ROQUE, JR., MUNICIPAL CIRCUIT TRIAL COURT, MABINI-PANTUKAN, COMPOSTELA VALLEY, Respondents.

  • G.R. No. 223334, June 07, 2017 - DANILO BARTOLATA, REPRESENTED BY HIS ATTORNEY-IN-FACT REBECCA R. PILOT AND/OR DIONISIO P. PILOT, Petitioner, v. REPUBLIC OF THE PHILIPPINES, DEPARTMENT OF PUBLIC WORKS AND HIGHWAYS, DEPARTMENT OF TRANSPORTATION AND COMMUNICATIONS, AND TOLL REGULATORY BOARD, Respondents.

  • G.R. No. 225743, June 07, 2017 - PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, v. SANDY DOMINGO Y LABIS, Accused-Appellants.

  • G.R. No. 219070, June 21, 2017 - CONRADO R. ESPIRITU, JR., TERESITA ESPXRITU-GUTIERREZ, MARIETTA R. ESPIRITU-CRUZ, OSCAR R. ESPIRITU, AND ALFREDO R. ESPIRITU, Petitioners, v. REPUBLIC OF THE PHILIPPINES, Respondent.

  • G.R. No. 198583, June 28, 2017 - ARLYN ALMARIO-TEMPLONUEVO, Petitioner, v. OFFICE OF THE OMBUDSMAN, THE HONORABLE SECRETARY, DEPARTMENT OF INTERIOR AND LOCAL GOVERNMENT AND CHITO M. OYARDO, Respondents.

  • G.R. No. 218970, June 28, 2017 - RICHARD ESCALANTE, Petitioner, v. PEOPLE OF THE PHILIPPINES, Respondent.

  • G.R. No. 194137, June 21, 2017 - AMBASSADOR HOTEL, INC., Petitioner, v. SOCIAL SECURITY SYSTEM, Respondent.

  • A.M. No. P-16-3604 [Formerly OCA I.P.I. No. 14-4245-P], June 28, 2017 - HEIRS OF DAMASO OCHEA, REPRESENTED BY MIGUEL KILANTANG, Complainant, v. ATTY. ANDREA P. MARATAS, BRANCH CLERK OF COURT, BRANCH 53, REGIONAL TRIAL COURT, LAPU-LAPU CITY, CEBU, Respondent.

  • G.R. No. 222538, June 21, 2017 - EDUARDO N. RIGUER, Petitioner, v. ATTY. EDRALIN S. MATEO, Respondent.

  • G.R. No. 228435, June 21, 2017 - KT CONSTRUCTION SUPPLY, INC., REPRESENTED BY WILLIAM GO, Petitioner, v. PHILIPPINE SAVINGS BANK, Respondent.

  • G.R. No. 200370, June 07, 2017 - MARIO VERIDIANO Y SAPI, Petitioner, v. PEOPLE OF THE PHILIPPINES, Respondent.

  • G.R. No. 198544, June 19, 2017 - SEAPOWER SHIPPING ENT., INC., Petitioner, v. HEIRS OF WARREN M. SABANAL, REPRESENTED BY ELVIRA ONG-SABANAL, Respondents.

  • G.R. No. 192391, June 19, 2017 - ESTATE OF HONORIO POBLADOR, JR., REPRESENTED BY RAFAEL A. POBLADOR, Petitioner, v. ROSARIO L. MANZANO, Respondent.

  • G.R. No. 218242, June 21, 2017 - PAULINO M. ALDABA, Petitioner, v. CAREER PHILIPPINES SHIP-MANAGEMENT, INC., COLUMBIA SHIPMANAGEMENT LTD., AND/OR VERLOU CARMELINO, Respondents.

  • G.R. No. 220718, June 21, 2017 - PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, v. NICOLAS TUBILLO Y ABELLA, Accused-Appellant.

  • G.R. No. 210654, June 07, 2017 - PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, v. PABLO LUAD ARMODIA, Accused-Appellant.

  • G.R. No. 208243, June 05, 2017 - EDWIN GRANADA REYES, Petitioner, v. THE OFFICE OF THE OMBUDSMAN, THE SANDIGANBAYAN, AND PAUL JOCSON ARCHES, Respondents.

  • G.R. No. 200512, June 07, 2017 - PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, v. ELMER AVANCENA Y CABANELA, JAIME POPIOCO Y CAMBAYA1 AND NOLASCO TAYTAY Y CRUZ, Accused-Appellants.

  • A.M. No. P-16-3616 [Formerly OCA I.P.I. No. 15-4457-P], June 21, 2017 - ATTY. PROSENCIO D. JASO, Complainant, v. GLORIA L. LONDRES, COURT STENOGRAPHER III, REGIONAL TRIAL COURT, BRANCH 258, PARA�AQUE CITY, Respondent.

  • G.R. No. 198066, June 07, 2017 - YOLANDO T. BRAVO, Petitioner, v. URIOS COLLEGE (NOW FATHER SATURNINO URIOS UNIVERSITY) AND/OR FR. JOHN CHRISTIAN U. YOUNG, Respondents.

  • G.R. No. 194152, June 05, 2017 - MAKILITO B. MAHINAY, Petitioner, v. DURA TIRE & RUBBER INDUSTRIES, INC., Respondent.

  • G.R. No. 212201, June 28, 2017 - PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, v. RODOLFO DENIEGA Y ESPINOSA, Accused-Appellants.

  • G.R. No. 219848, June 07, 2017 - PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, v. GODOFREDO MACARAIG Y GONZALES, Accused-Appellant.

  • G.R. No. 213088, June 28, 2017 - LAND TRANSPORTATION FRANCHISING AND REGULATORY BOARD (LTFRB), Petitioner, v. G.V. FLORIDA TRANSPORT, INC., Respondent.

  • G.R. No. 214500, June 28, 2017 - PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, v, MICHELLE DELA CRUZ, Accused-Appellants.

  • G.R. No. 226846, June 21, 2017 - PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, v. JEFFREY MACARANAS Y FERNANDEZ, Accused-Appellants.

  • G.R. No. 224300, June 07, 2017 - PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, v. JOSE CUTARA Y BRIX, Accused-Appellant.

  • G.R. No. 176703, June 28, 2017 - MUNICIPALITY OF CAINTA, Petitioner, v. CITY OF PASIG AND UNIWIDE SALES WAREHOUSE CLUB, INC., Respondents.; G.R. No. 176721 - UNIWIDE SALES WAREHOUSE CLUB, INC., Petitioner, v. CITY OF PASIG AND MUNICIPALITY OF CAINTA, Respondents.

  • G.R. No. 220143, June 07, 2017 - PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, v. JONATHAN BAAY Y FALCO, Accused-Appellant.

  • G.R. No. 203114, June 28, 2017 - VIRGILIO LABANDRIA AWAS, Petitioner, v. PEOPLE OF THE PHILIPPINES, Respondent.

  • G.R. No. 211108, June 07, 2017 - ALEJANDRO D.C. ROQUE, Petitioner, v. PEOPLE OF THE PHILIPPINES, Respondent.

  • G.R. No. 214301, June 07, 2017 - RAMON MANUEL T. JAVINES, Petitioner, v. XLIBRIS A.K.A. AUTHOR SOLUTIONS, INC., JOSEPH STEINBACH, AND STELLA MARS OUANO, Respondents.

  • G.R. No. 205283, June 07, 2017 - ABIGAIL L. MENDIOLA, Petitioner, v. VENERANDO P. SANGALANG, Respondent.

  • G.R. No. 212934, June 07, 2017 - PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, v. BLAS GAA Y RODRIGUEZ, Accused-Appellant.

  • G.R. No. 224532, June 21, 2017 - CONSTANCIO CADERAO BALATERO, Petitioner, v. SENATOR CREWING (MANILA) INC., AQUANAUT SHIPMANAGEMENT LTD., ROSE AARON AND CARLOS BONOAN, MV MSC FLAMINIA, Respondents.; G.R. No. 224565, June 21, 2017 - SENATOR CREWING (MANILA) INC., AQUANAUT SHIPMANAGEMENT LTD., ROSE AARON AND CARLOS BONOAN, Petitioners, v. CONSTANCIO C. BALATERO, Respondents.

  • G.R. No. 225623, June 07, 2017 - PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, v. LORENZO RAYTOS Y ESPINO, Accused-Appellant.

  • G.R. No. 207001, June 07, 2017 - PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, v. RICHARD F. TRIPOLI AND ROMULO B. IMPAS, Accused-Appellants.

  • G.R. No. 191174, June 07, 2017 - PARADIGM DEVELOPMENT CORPORATION OF THE PHILIPPINES, Petitioner, v. BANK OF THE PHILIPPINES ISLANDS, Respondent.

  • G.R. No. 217459, June 07, 2017 - PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, v. ALBERTO FORTUNA ALBERCA, Accused-Appellant.

  • G.R. No. 220758, June 07, 2017 - PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, v. STEPHAN CABILES Y SUAREZ A.K.A. "KANO", Accused-Appellant.

  • G.R. No. 177000, June 19, 2017 - NESTOR GUELOS, RODRIGO GUELOS, GIL CARANDANG AND SPO2 ALFREDO CARANDANG Y PRESCILLA, Petitioners, v. PEOPLE OF THE PHILIPPINES, Respondent.

  • G.R. No. 221096, June 28, 2017 - CLAUDIA'S KITCHEN, INC. AND ENZO SQUILLANTINI, Petitioners, v. MA. REALIZA S. TANGUIN, Respondent.

  • G.R. No. 206702, June 07, 2017 - REPUBLIC OF THE PHILIPPINES, REPRESENTED BY THE NATIONAL IRRIGATION ADMINISTRATION, Petitioner, v. ROLANDO C. CEBUAN, RUBEN C. CEBUAN, ERIC C. CEBUAN, SAMUEL C. BARING, BEATRICE A. LOW, LEONORE L. DE LA SERNA AND HEIRS OF LORENZO UMBAAD, Respondents

  • G.R. No. 227005, June 19, 2017 - BDO UNIBANK, INC., Petitioner, v. ENGR. SELWYN LAO, DOING BUSINESS UNDER THE NAME AND STYLE "SELWYN F. LAO CONSTRUCTION" AND "WING AN CONSTRUCTION AND DEVELOPMENT CORPORATION" AND INTERNATIONAL EXCHANGE BANK (NOW UNION BANK OF THE PHILIPPINES), Respondents.

  • G.R. No. 227306, June 19, 2017 - PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, v. ROBERTO ESPERANZA JESALVA ALIAS "ROBERT SANTOS," Accused-Appellants.

  • G.R. No. 224144, June 28, 2017 - LOLITA BAS CAPABLANCA, Petitioner, v. HEIRS OF PEDRO BAS, REPRESENTED BY JOSEFINA BAS ESPINOSA AND REGISTER OF DEEDS OF THE PROVINCE OF CEBU, Respondents.

  • G.R. No. 216987, June 05, 2017 - PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, v. WILFREDO PACAYRA Y MABUTOL, Accused-Appellant.

  • G.R. No. 222685, June 21, 2017 - LORETA SAMBALILO, SALVADOR SAMBALILO, ZOILO SAMBALILO, JR. AND RENANTE SAMBALILO, Petitioners, v. SPOUSES PABLO LLARENAS AND FE LLARENAS, Respondents.

  • G.R. No. 221085, June 19, 2017 - RAVENGAR G. IBON, Petitioner, v. GENGHIS KHAN SECURITY SERVICES AND/OR MARIETTA VALLESPIN, Respondents.

  • G.R. No. 202091, June 07, 2017 - SUMIFRU (PHILIPPINES) CORP. (SURVIVING ENTITY OF A MERGER WITH FRESH BANANA AGRICULTURAL CORPORATION AND OTHER CORPORATIONS), Petitioner, v. NAGKAHIUSANG MAMUMUO SA SUYAPA FARM1 (NAMASUFA-NAFLU-KMU), Respondent.

  • G.R. No. 198485, June 05, 2017 - MARUBENI PHILIPPINES CORPORATION, Petitioner, v. COMMISSIONER OF INTERNAL REVENUE, Respondent.

  • G.R. No. 220977, June 19, 2017 - PO1 CELSO TABOBO III Y EBID, Petitioner, v. PEOPLE OF THE PHILIPPINES, Respondent.

  • G.R. No. 196650, June 07, 2017 - SPECTRUM SECURITY SERVICES, INC., Petitioner, v. DAVID GRAVE, ARIEL V. AROA, TOMASINO R. DE CHAVEZ, JR., LUCITO P. SAMARITA, SAIDOMAR M. MAROHOM, LITO V. MAHILOM AND OLIVER N. MARTIN, Respondents.

  • G.R. No. 159139, June 06, 2017 - INFORMATION TECHNOLOGY FOUNDATION OF THE PHILIPPINES, MA. CORAZON M. AKOL, MIGUEL UY, EDUARDO H. LOPEZ, AUGUSTO C. LAGMAN, REX C. DRILON, MIGUEL HILADO, LEY SALCEDO, AND MANUEL ALCUAZ, JR., Petitioners, v. COMMISSION ON ELECTIONS, COMELEC CHAIRMAN BENJAMIN ABALOS, SR., COMELEC BIDDING AND AWARDS COMMITTEE CHAIRMAN EDUARDO D. MEJOS AND MEMBERS GIDEON DE GUZMAN, JOSE F. BALBUENA, LAMBERTO P. LLAMAS, AND BARTOLOME SINOCRUZ, JR., Respondents.; G.R. NO. 174777 - AQUILINO Q. PIMENTEL, JR., SERGIO R. OSME�A III, PANFILO M. LACSON, ALFREDO S. LIM, JAMBY A.S. MADRIGAL, LUISA P. EJERCITO-ESTRADA, JINGGOY E. ESTRADA, RODOLFO G. BIAZON, AND RICHARD J. GORDON, Petitioners, v. MA. MERCEDITAS NAVARRO-GUTIERREZ, IN HER CAPACITY AS OMBUDSMAN, Respondent.

  • G.R. No. 215195, June 07, 2017 - PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, v. JOSE DESCARTIN, JR. Y MERCADER, Accused-Appellant.

  • G.R. No. 220022, June 19, 2017 - PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, v. WILTON ALACDIS Y ANATIL A.K.A. "WELTON", DOMINGO LINGBANAN (AT-LARGE), AND PEPITO ANATIL ALACDIS (AT-LARGE), Accused.; WILTON ALACDIS Y ANATIL A.K.A. "WELTON", Accused-Appellant.

  • A.M. No. P-15-3335 [Formerly A.M. No. 15-04-98-RTC], June 28, 2017 - OFFICE OF THE COURT ADMINISTRATOR, Complainant, v. ATTY. JEROME B. BANTIYAN, CLERK OF COURT VI AND ERLINDA G. CAMILO, FORMER OIC/COURT INTERPRETER, BOTH OF THE REGIONAL TRIAL COURT, BRANCH 34, BANAUE, IFUGAO, Respondents.

  • G.R. No. 219615, June 07, 2017 - PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, v. RAFAEL AGUDO Y DEL VALLE, Accused-Appellant.

  • G.R. No. 219590, June 07, 2017 - PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, v. MARCIAL M. PARDILLO, Accused-Appellant.

  • G.R. No. 224099, June 21, 2017 - ROMMEL M. ZAMBRANO, ROMEO O. CALIPAY, JESUS L. CHIN, LYNDON B. APOSAGA, BONIFACIO A. CASTA�EDA, ROSEMARIE P. FALCUNIT, ROMEO A. FINALLA, LUISITO G. GELLIDO, JOSE ALLI L. MABUHAY, VICENTE A. MORALES, RAUL L. REANZARES, DIODITO I. TACUD, ERNAN D. TERCERO, LARRY V. MUTIA, ROMEO A. GURON, DIOSDADO S. AZUSANO, BENEDICTO D. GIDAYAWAN, LOWIS M. LANDRITO, NARCISO R. ASI, TEODULO BORAC, SANTOS J. CRUZADO, JR., ROLANDO DELA CRUZ, RAYMUNDO, MILA Y. ABLAY, ERMITY F. GABUCAY, PABLITO M. LACANARIA, MELCHOR PE�AFLOR, ARSENIO B. PICART III, ROMEO M. SISON, JOSE VELASCO JR., ERWIN M. VICTORIA, PRISCO J. ABILO, WILFREDO D. ARANDIA, ALEXANDER Y. HILADO, JAIME M. CORALES, GERALDINE C. MAUHAY, MAURO P. MARQUEZ, JONATHAN T. BARQUIN, RICARDO M. CALDERON JR., RENATOR. RAMIREZ, VIVIAN P. VIRTUDES, DOMINGO P. COSTANTINO JR., RENATO A. MANAIG, RAFAEL D. CARILLO, Petitioners, v. PHILIPPINE CARPET MANUFACTURING CORPORATION/PACIFIC CARPET MANUFACTURING CORPORATION, DAVID E. T. LIM, AND EVELYN LIM FORBES, Respondents.

  • G.R. No. 209518, June 19, 2017 - MA. HAZELINA A. TUJAN-MILITANTE, Petitioner, v. ANA KARI CARMENCITA NUSTAD, AS REPRESENTED BY ATTY. MARGUERITE THERESE L. LUCILA, Respondent.

  • G.R. No. 208359, June 19, 2017 - PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, v. DEMETRIO SABIDA Y SADIWA, Accused-Appellant.

  • G.R. No. 206114, June 19, 2017 - DOLORES ALEJO, Petitioner, v. SPOUSES ERNESTO CORTEZ AND PRISCILLA SAN PEDRO, SPOUSES JORGE LEONARDO AND JACINTA LEONARDO AND THE REGISTER OF DEEDS OF BULACAN, Respondents.

  • G.R. No. 192723, June 05, 2017 - LEOVIGILDO A. DE CASTRO, Petitioner, v. FIELD INVESTIGATION OFFICE, OFFICE OF THE OMBUDSMAN AND THE COMMISSIONER OF CUSTOMS, Respondents.

  • G.R. No. 207516, June 19, 2017 - PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, v. AMBROSIO OHAYAS, ROBERTO OWAS, FLORENCIO RAPANA, CERELO BALURO, EDDIE YAGUNO, RUPO YAGUNO AND JERRY YAGUNO, ACCUSED. AMBROSIO OHAYAS, Accused-Appellant.

  • A.C. No. 8371, June 28, 2017 - SPOUSES GERARDO MONTECILLO AND DOMINGA SALONOY, Complainant, v. ATTY. EDUARDO Z. GATCHALIAN, Respondent.

  • G.R. No. 208450, June 05, 2017 - SPS. ROBERTO ABOITIZ AND MARIA CRISTINA CABARRUS, Petitioners, v. SPS. PETER L. PO AND VICTORIA L. PO, Respondents.; G.R. No. 208497 - SPS. PETER L. PO AND VICTORIA L. PO, Petitioners, v. SPS. ROBERTO ABOITIZ AND MARIA CRISTINA CABARRUS, JOSE MARIA MORAZA, AND ERNESTO ABOITIZ AND ISABEL ABOITIZ, Respondents.

  • G.R. No. 218572, June 19, 2017 - PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, v. BILLIE GHER TUBALLAS Y FAUSTINO, Accused-Appellant,

  • G.R. No. 202922, June 19, 2017 - COMMISSIONER OF INTERNAL REVENUE, Petitioner, v. SEMIRARA MINING CORPORATION, Respondent.

  • G.R. No. 198795, June 07, 2017 - PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, v. MERCEDITAS MATHEUS Y DELOS REYES, Accused-Appellant.

  • G.R. No. 195003, June 07, 2017 - CITY OF BATANGAS, REPRESENTED BY HON. SEVERINA VILMA ABAYA, IN HER CAPACITY AS CITY MAYOR OF BATANGAS, Petitioner, v. PHILIPPINE SHELL PETROLEUM CORPORATION AND SHELL PHILIPPINES EXPLORATION B.V., Respondents.

  • G.R. No. 198162, June 21, 2017 - CORAZON M. LACAP, Petitioner, v. SANDIGANBAYAN [FOURTH DIVISION] AND THE PEOPLE OF THE PHILIPPINES, Respondents.

  • G.R. No. 202086, June 21, 2017 - NORMAN PANALIGAN, IRENEO VILLAJIN, AND GABRIEL PENILLA, Petitioners, v. PHYVITA ENTERPRISES CORPORATION, Respondent.

  • G.R. No. 189102, June 07, 2017 - CHIQUITA BRANDS, INC. AND CHIQUITA BRANDS INTERNATIONAL, INC., Petitioners, v. HON. GEORGE E. OMELIO, REGIONAL TRIAL COURT, DAVAO CITY, BRANCH 14, SHERIFF ROBERTO C. ESGUERRA, CECILIO G. ABENION, AND 1,842 OTHER PLAINTIFFS IN CIVIL CASE NO. 95-45, Respondents.

  • G.R. No. 208001, June 19, 2017 - P/C SUPT. EDWIN A. PFLEIDER, Petitioner, v. PEOPLE OF THE PHILIPPINES, Respondent.

  • G.R. No. 225634, June 07, 2017 - PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, v. ALLAN JAO Y CALONIA AND ROGELIO CATIGTIG Y COBIO, Accused-Appellants.