DECISION LEONARDO-DE CASTRO, J.: This is an administrative complaint[1] for gross ignorance of the law, gross incompetence, gross inefficiency and/or neglect of duty filed by Atty. Eddie U. Tamondong (Atty. Tamondong) against Judge Emmanuel P. Pasal (Judge Pasal), Presiding Judge of the Regional Trial Court (RTC), Cagayan de Oro City, Branch 38, relative to Special Civil ..

Read more

DECISION LEONARDO-DE CASTRO, J.: Petitioners Rogelia Gatan (Rogelia) and her sons, Rizalino Gatan (Rizalino) and Ferdinand Gatan (Ferdinand) – the latter two as heirs of Bernardino Gatan (Bernardino), Rogelia’s late husband – filed the present Petition for Review on Certiorari, under Rule 45 of the Rules of Court, assailing (a) the Decision[1] dated September 7, 2012 of ..

Read more

DECISION DEL CASTILLO, J.: “In constructive dismissal cases, the employer is, concededly, charged with the burden of proving that its conduct and action were for valid and legitimate grounds.”[1] Before the Court is a Petition for Review on Certiorari[2] filed under Rule 45 of the Rules of Court assailing the September 12, 2012[3] and July 3, 2013[4] Resolutions of ..

Read more

DECISION LEONEN, J.: In every application for provisional injunctive relief, the applicant must establish the actual and existing right sought to be protected. The applicant must also establish the urgency of a writ’s issuance to prevent grave and irreparable injury. Failure to do so will warrant the court’s denial of the application. Moreover, the application ..

Read more

DECISION BERSAMIN, J.: Mere passive presence at the scene of the crime does not implicate one who is not shown to have conspired with another in killing the victim. The Case Estrillo Escobal y Salvacion and Melvin E. Abaño were found and declared guilty of murder for the killing of the late SPO1 Fernando Gaabucayan, Jr. under ..

Read more

DECISION VELASCO JR., J.: Nature of the Case For consideration is the Petition for Review on Certiorari under Rule 45 of the Rules of Court, filed by Abbott Laboratories (Philippines), Inc. (Abbott), and Stephane Langevin (Langevin), seeking to nullify the April 26, 2016[1]Decision and the partial reversal of the January 25, 2017 Resolution[2] of the Court ..

Read more

DECISION DEL CASTILLO, J.: The most challenging part of being in a difficult marriage is to thrive in one. In the case of petitioner Maria Victoria Socorro Lontoc-Cruz (Marivi) and respondent Nilo Santos Cruz (Nilo), their marriage withered as this was beset with problems such as the lack of quality time, recriminations, disillusionment, loss of ..

Read more

RESOLUTION PER CURIAM: For resolution is the motion for reconsideration[1] filed by respondent Remedios R. Viesca (Viesca) of the Court’s Decision[2] dated April 14, 2015. The Court adjudged Viesca guilty of Gross Neglect of Duty, Grave Misconduct, and Serious Dishonesty and imposed on her the following penalties: (i) dismissal from service; (ii) forfeiture of all her retirement ..

Read more

DECISION PER CURIAM: This refers to the sworn Complaint-Affidavit,[1] dated October 18, 2016, filed by complainant Judge Lita S. Tolentino-Genilo (complainant), Presiding Judge, Branch 91, Regional Trial Court of Quezon City (RTC), against Rolando S. Pineda (respondent), Court Aide of the same branch, filed before the Office of the Court Administrator (OCA), an administrative case for ..

Read more

DECISION DEL CASTILLO, J.: On April 16, 2013, the Office of the Court Administrator (OCA) received two letters-complaints, one from an anonymous sender[1] (first letter-complaint) and the other under the pseudonym “Shirley Gomez”[2] (second letter-complaint), both narrating the difficulties encountered by the employees of, and litigants appearing before, the Regional Trial Court (RTC) of Lucena City, Branch ..

Read more

DECISION LEONEN, J.: Prima facie evidence is evidence that is not rebutted or contradicted, making it good and sufficient on its face to establish a fact constituting a party’s claim or defense.[1]This resolves the Petition for Review[2] filed by Bicol Medical Center and the Department of Health, assailing the February 28, 2014 Decision[3] and August 26, 2014 Resolution[4] of ..

Read more

DECISION BERSAMIN, J.: The failure of the information supposedly charging murder to aver the factual basis for the attendant circumstance of treachery forbids the appreciation of the circumstance as qualifying the killing; hence, the accused can only be found guilty of homicide. To merely state in the information that treachery was attendant is not enough ..

Read more

DECISION LEONEN, J.: The prior service and receipt of a demand letter is unnecessary in a case for unlawful detainer if the demand to vacate is premised on the expiration of the lease, not on the non-payment of rentals or non-compliance of the terms and conditions of the lease.This is a Petition for Review on ..

Read more

DECISION MARTIRES, J.: This Petition for Review on Certiorari seeks to reverse and set aside the 30 December 2010 Decision[1] and 7 April 2011 Resolution[2] of the Court of Appeals (CA) in CA-G.R. CV No. 83836 which reversed the 16 August 2004 Decision[3] of the Regional Trial Court, Branch 276, Muntinlupa City (RTC). Petitioner Pilipinas Makro, Inc. (Makro) ..

Read more

DECISION BERSAMIN, J.: This case involves a brother fatally shooting his own brother. In his defense, the accused pleaded accident as an exempting circumstance. The trial and intermediate appellate courts rejected his plea and found him guilty of murder qualified by treachery. Hence, he has come to us to air his final appeal for absolution. ..

Read more

DECISION PERALTA, J.: This is to resolve the Petition for Review on Certiorari[1] under Rule 45 of the Rules of Court dated March 22, 2016 of petitioner Allan John Uy Reyes (Reyes) that seeks to reverse and set aside the Decision[2] dated August 27, 2015 of the Court of Appeals (CA) reversing the Decision[3] dated July 31, 2013 of ..

Read more

DECISION PERALTA, J.: This is an appeal from the July 17, 2014 Decision[1] of the Court of Appeals (CA) in CA-G.R. CR-HC No. 06105, which affirmed with modification the November 22, 2012 Decision[2] of the Regional Trial Court (RTC) Branch 261, Pasig City, convicting accused-appellant Francis Ursua y Bernal (Ursua) of qualified rape and acts of lasciviousness. ..

Read more

DECISION MARTIRES, J.: This is a Petition for Review on Certiorari assailing the Decision[1] promulgated on 7 January 2011 and Resolution[2]dated 16 March 2011 of the Court of Appeals (CA) in CA-G.R. CV No. 89206, which reversed and set aside the Decision[3] dated 31 August 2006 of the Regional Trial Court, Branch 2 of Tuguegarao City (RTC), ..

Read more

DECISION LEONEN, J.: To convict an accused, it is not sufficient for the prosecution to present a positive identification by a witness during trial due to the frailty of human memory. It must also show that the identified person matches the original description made by that witness when initially reporting the crime. The unbiased character ..

Read more

DECISION TIJAM, J.: This administrative case arose from a verified Affidavit-Complaint[1] filed before the Integrated Bar of the Philippines (IBP) by complainant Joaquin G. Bonifacio (Bonifacio) against respondents Atty. Edgardo O. Era (Atty. Era) and Atty. Diane Karen B. Bragas (Atty. Bragas) for violating the Code of Professional Responsibility (CPR). The Facts Sometime in 2003, an ..

Read more

DECISION VELASCO JR., J.: For resolution of the Court is the Petition for Certiorari filed by petitioner Small Business Corporation (SB Corp.) dated April 7, 2017, pursuant to Rule 64, Section 1 in relation to Rule 65, Section 1 of the Rules of Civil Procedure. Petitioner assails the Decision of the Commission on Audit (COA) En Banc ..

Read more

RESOLUTION BERSAMIN, J.: For consideration are the consolidated petitions for review on certiorari separately brought against the decision promulgated on June 15, 2009 by the Court of Appeals (CA) in CA-G.R. SP No. 00034 entitled Nedina Gadian-Diamante v. Armed Forces of the Philippines Chief of Staff Lt. Gen. Victor Ibrado, Philippine Navy Flag Officer In Command Vice Admiral ..

Read more

DECISION CAGUIOA, J: Before the Court is a petition for certiorari[1] under Rule 65 of the Rules of Court assailing the validity of Section 2(e), Rule III of Commission on Elections (COMELEC) Resolution No. 10015[2] (Resolution No. 10015) filed by petitioner Philippine Association of Detective and Protective Agency Operators (PADPAO), Region 7 Chapter, Inc., which is an association ..

Read more

RESOLUTION PERALTA, J.: On November 22, 2010, complainant Luzviminda S. Cerilla filed an administrative complaint[1] for gross misconduct against respondent Atty. Samuel SM. Lezama with the Integrated Bar of the Philippines (IBP). In her Complaint, complainant stated that she is one of the co-owners of a parcel of land located at BarangayPoblacion, Municipality of Sibulan, Negros Oriental, ..

Read more

RESOLUTION DEL CASTILLO, J.: On August 11, 2014, the Court issued a Decision[1] in the instant case, decreeing as follows: WHEREFORE, the Court resolves as follows: 1. The Petition in G.R. No. 171836 is DENIED. The assailed September 23, 2004 Decision and February 22, 2006 Resolution of the Court of Appeals in CA-G.R. SP No. 80678 ..

Read more

DECISION DEL CASTILLO, J.: The Court cringes at the thought, generated by the experience in this proceeding and in past cases, that in spite of all the laws passed and jurisprudence created to level the playing field for the disadvantaged worker, his plight continues against employers who will stop at nothing to avoid their obligations ..

Read more

DECISION JARDELEZA, J.: This is a petition for review on certiorari[1] under Rule 45 of the Rules of Court. Petitioner Jesusa Dujali Buot (Buot) challenged the Orders of Branch 34 of the Regional Trial Court (RTC), Panabo City, dated September 19, 2011[2]and December 8, 2011,[3] dismissing her petition and denying her subsequent motion for reconsideration, respectively. Buot filed ..

Read more

DECISION SERENO, C.J.: This is a Petition for Review on Certiorari[1] filed by the Republic of the Philippines to assail the Court of Appeals (CA) Decision[2] and Resolution[3] in CA-G.R. CV No. 81678. The CA affirmed the Regional Trial Court (RTC) Decision,[4] which granted the Petition[5] filed by respondent Rosario L. Nicolas for the registration of title to a parcel ..

Read more

DECISION SERENO, C.J.: This is a Petition for Review on Certiorari[1] of the Court of Appeals (CA) Decision[2] rendered in CA-G.R. SP No. 105797. The CA issued a writ of Prohibition against the immediate and retroactive application of the Premium-Based Policy (PBP), Automatic Policy Loan and Policy Lapse (APL) and Claims and Loans Interdependency Policy (CLIP) to ..

Read more

DECISION SERENO, C.J.: Before this Court is a Petition for Review on Certiorari[1] assailing the Court of Appeals (CA) Decision[2] and Resolution,[3] which affirmed the Decision[4] of the Regional Trial Court (RTC). The RTC ruled that petitioner heirs of Gilberto Roldan, respondent heirs of Silvela Roldan,[5] and respondent heirs of Leopoldo Magtulis are co-owners of Lot No. 4696. FACTS OF ..

Read more

DECISION REYES, JR., J: Before this Court is a petition for review on certiorari under Rule 45 of the Rules of Court seeking to annul and set aside the Decision[1] of the Court of Appeals (CA) in CA-G.R. SP No. 135103 dated March 9, 2016, and its and Resolution[2] dated August 31, 2016, denying the motion for reconsideration thereof. ..

Read more

DECISION PERLAS-BERNABE, J.: Assailed in this petition for review on certiorari[1] are the Decision[2] dated September 14, 2015 and the Resolution[3]dated May 2, 2016 of the Court of Appeals (CA) in CA-G.R. SP Nos. 133794 and 133833, which, inter alia, ruled that petitioner Fabricator Philippines, Inc. (petitioner) illegally dismissed respondent Jeanie Rose Q. Estolas (respondent). The Facts The instant ..

Read more

DECISION PERALTA, J.:** For consideration of this Court is the appeal of the Decision[1] dated April 23, 2015 of the Court of Appeals (CA) in CA-G.R. CR-HC No. 03500 affirming with modification the Decision[2] dated December 20, 2007 of the Regional Trial Court (RTC), Branch 5, Dinalupihan, Bataan in Criminal Case No. DH-1204-01, finding appellants Wilfredo Layug and ..

Read more

DECISION PERALTA, J.:** Assailed in the instant petition for review on certiorari are the Decision[1] and Resolution[2] of the Court of Appeals (CA), dated March 30, 2012 and October 17, 2012, respectively, in CA-G.R. CV No. 94947. The pertinent factual and procedural antecedents of the case are as follows: On June 20, 2000, herein respondent filed with the Regional Trial ..

Read more

DECISION PERALTA, J.:** This is an appeal from the June 3, 2016 Decision[1] of the Court of Appeals (CA) in CA-G.R. CEB-CR-HC. No. 01972, which affirmed with modification the November 24, 2014 Decision[2] of the Regional Trial Court (RTC) Branch 45, Bais, Negros Oriental, finding accused-appellant EEE guilty beyond reasonable doubt of qualified rape committed against his minor ..

Read more

DECISION MARTIRES, J.: This is a Petition for Review on Certiorari assailing the Decision,[1] dated 16 September 2008, and Resolution,[2]dated 6 April 2011, of the Court of Appeals (CA) in CA-G.R. CR No. 00312, which affirmed with modification the Decision,[3] dated 16 September 2005, of the Regional Trial Court, Branch 13, Culasi, Antique (RTC), in Criminal Case ..

Read more

DECISION DEL CASTILLO, J.: This Petition for Review on Certiorari[2] assails the January 31, 2011 Decision[3] and the August 8, 2011 Resolution[4]of the Court of Appeals (CA) in CA-GR SP No. 112898. The CA granted the Petition for Certiorari filed therewith and reversed and set aside the December 16, 2009 Decision[5] of the National Labor Relations Commission (NLRC) in NLRC LAC ..

Read more

DECISION LEONARDO-DE CASTRO, J.: In this Petition for Review on Certiorari under Rule 45 of the Revised Rules of Court, petitioner Rolando Dacanay y Lacaste assails the Decision[1] dated May 26, 2011 of the Court of Appeals in CA-G.R. CR. No. 30826, which affirmed the Decision[2] dated July 16, 2006 of the Regional Trial Court (RTC) of Mandaluyong City, ..

Read more

DECISION PERALTA, J.: This is an administrative complaint filed by Ma. Vilma Maniquiz against Atty. Danilo C. Emelo, for notarizing a fictitious Deed of Absolute Sale and in the absence of the required notarial commission.The procedural and factual antecedents of the case are as follows: Maniquiz alleged that Emelo violated his lawyer’s oath and the ..

Read more

RESOLUTION LEONEN, J.: Without a standing warrant of arrest, a judge not assigned to the province, city, or municipality where the case is pending has no authority to grant bail. To do so would be gross ignorance of the law. This resolves the Affidavit-Complaint[2] filed by Prosecutor Ivy A. Tejano (Tejano) against Presiding Judge Antonio D. ..

Read more

DECISION TIJAM, J.: In this Petition for Certiorari[1] under Rule 64, petitioner Mario O. Salvador (Salvador) challenges the Resolutions dated November 2, 2015[2] and March 8, 2017[3] of the Commission on Elections (COMELEC) En Banc, in E.O. Case No. 14-483, which found probable cause against him for violation of Section 100[4] in relation to Section 262[5]of Batasang Pambansa Blg. 881 or ..

Read more

DECISION PER CURIAM: A Complaint-Affidavit[1] dated May 16, 2014 was filed by Maria Magdalena R. Joven, Jose Raul C. Joven, and Nona Catharina Natividad Joven-Carnacete (complainants), charging Lourdes G. Caoili (respondent), Clerk of Court III, Branch 1, Municipal Trial Court in Cities (MTCC), Baguio City, with impropriety, conduct unbecoming a court employee, and grave misconduct. This ..

Read more

DECISION DEL CASTILLO, J.: Before the Court is a Petition for certiorari and mandamus[1] seeking to annul the Resolution No. 14-0509 dated July 22, 2014[2] of the respondent Commission of Elections (COMELEC). The assailed resolution declared that the power of initiative could not be invoked by the petitioner, Engr. Oscar A. Marmeto (Marmeto), for the passage of a proposed ordinance ..

Read more

DECISION PERALTA, J.: The instant case sprung from a complaint which Susan Basiyo and Andrew William Simmons filed against respondent Atty. Joselito C. Alisuag, for alleged deceit, falsification, and malpractice, in violation of the Code of Professional Responsibility. The procedural and factual antecedents of the case are as follows: Complainants Basiyo and Simmons, who are ..

Read more

DECISION BERSAMIN, J.: “The test for the presence of unlawful aggression under the circumstances is whether the aggression from the victim put in real peril the life or personal safety of the person defending himself; the peril must not be an imagined or imaginary threat.”[1] The Case Under review is the decision promulgated on March ..

Read more

DECISION DEL CASTILLO, J.: Assailed in this Petition for Review on Certiorari[1] are the October 18, 2013 Decision[2] and January 28, 2014 Resolution[3] of the Court of Appeals (CA) denying the Petition for Certiorari in CA-G.R. SP No. 125046 and affirming in toto the December 29, 2011 Decision[4] and April 30, 2012 Resolution[5] of the National Labor Relations Commission (NLRC) in NLRC LAC (OFW-M) No. ..

Read more

DECISION LEONEN, J.: Two (2) categories of motions to dismiss may be recognized under the 1997 Rules of Civil Procedure: first, those that must be filed ahead of an answer, and second, those that may be entertained even after an answer has been filed. Motions to dismiss under the first category may plead any of ..

Read more

DECISION LEONEN, J.: The validity of accessory contracts mainly flows from the validity of the principal contracts. A real estate mortgage is in the nature of an accessory contract. Thus, the validity of a mortgage contract that was constituted to secure a loan obligation is affected by the validity of the loan contract. This is ..

Read more

DECISION REYES, JR., J: Before the Court is a Petition for Review on Certiorari under Rule 45 of the Rules of Court, assailing the Decision[1]dated July 5, 2016 and Resolution[2] dated December 7, 2016 of the Court of Appeals (CA) in CA-G.R. SP No. 140264. Antecedent Facts The facts show that in July 2012, Spouses Victoriano and Melanie ..

Read more

DECISION MARTIRES, J.: “I don’t even know her” is the usual excuse of a rapist who expects a reprieve from conviction, as if knowing the victim is a precondition to carnal desire. And while abhorrent in all instances, lust manifested through rape is especially reprehensible when committed against a child. Thus, our law on statutory ..

Read more