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Philippine Supreme Court Jurisprudence > Year 2014 > June 2014 Decisions > G.R. No. 179914, June 16, 2014 SPOUSES REYNALDO AND HILLY G. SOMBILON, Petitioners, v. ATTY. REY FERDINAND GARAY AND PHILIPPINE
NATIONAL BANK, Respondent.; A.M. No. RTJ-06-2000 - ATTY. REY FERDINAND T. GARAY, Petitioner, v. JUDGE
ROLANDO S. VENADAS, SR., Respondent.:

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G.R. No. 179914, June 16, 2014 - SPOUSES REYNALDO AND HILLY G. SOMBILON, Petitioners, v. ATTY.
REY FERDINAND GARAY AND PHILIPPINE NATIONAL BANK, Respondent.; A.M. No. RTJ-06-2000 - ATTY.
REY FERDINAND T. GARAY, Petitioner, v. JUDGE ROLANDO S. VENADAS, SR., Respondent.

SECOND DIVISION
G.R. No. 179914, June 16, 2014
SPOUSES REYNALDO AND HILLY G. SOMBILON, Petitioners, v. ATTY. REY FERDINAND GARAY
AND PHILIPPINE NATIONAL BANK, Respondent.
A.M. No. RTJ-06-2000
ATTY. REY FERDINAND T. GARAY, Petitioner, v. JUDGE ROLANDO S. VENADAS, SR., Respondent.
DECISION
DEL CASTILLO, J.:
A judge owes the public and the court the duty to know the law by heart and to have the basic rules of
procedure at the palm of his hands.1
Before us are two consolidated cases: (1) a Petition for Review on Certiorari2 under Rule 45 of the Rules
of Court assailing the June 13, 2007 Decision3 and the August 8, 2007 Resolution4 of the Court of
Appeals (CA) in CA-G.R. SP No. 00477-MIN; and (2) an Administrative Complaint5 against Judge
Rolando S. Venadas, Sr. (Judge Venadas, Sr.) of the Regional Trial Court (RTC) of Malaybalay, Bukidnon,
Branch 8, for Grave Abuse of Authority and Grave Misconduct.
Factual Antecedents
Spouses Reynaldo and Hilly G. Sombilon (spouses Sombilon) were the previous owners of a 601-square
meter property, with two buildings constructed on it, in South Poblacion, Maramag, Bukidnon.6 The said
property, which they mortgaged to the Philippine National Bank (PNB) as security for their loan, was
foreclosed and sold at public auction on July 15, 1998, where PNB emerged as the winning bidder in the
amount of P2,355,000.00.7 Consequently, on August 20, 1998, a Certificate of Sale was issued in PNBs
name, which was duly registered with the Registry of Deeds for Bukidnon on August 25, 1999.8 The
one-year redemption period lapsed but spouses Sombilon failed to redeem the property.9

DebtKollect Company, Inc.

In 2005, spouses Sombilon sought the help of Atty. Rey Ferdinand T. Garay (Atty. Garay), a Public
Attorneys Office (PAO) lawyer, who was once appointed by the court as counsel de officio for Hilly
Sombilon in a criminal case and who happens to be the owner of a lot adjacent to the property.10
Spouses Sombilon told Atty. Garay that they wanted to reacquire11 the property from PNB, but had no
money to repurchase it.12 Thus, they were hoping that he would agree to advance the money and, in
exchange, they promised to sell him the 331-square meter portion of the property, where one of the

buildings is located, for P5 million.13

On February 9, 2005, Atty. Garay together with spouses Sombilon went to PNB to inquire about the
status of the property.14 They were informed by the bank that the property could be purchased at the
fair market value of P2,938,000.00.15 The following day, Atty. Garay went to the bank alone and offered
to buy the property by making a down payment of P587,600.0016 or 20% of the purchase price.17
On February 14, 2005, upon learning that Atty. Garay intended to purchase the entire property for
himself, spouses Sombilon offered to buy back the property from PNB.18 The bank advised them to
make a 10% down payment of the banks total claim19 to formalize their offer.20
On February 15, 2005, a Final Deed of Conveyance was issued in favor of PNB.21
On April 14, 2005, Transfer Certificate of Title (TCT) No. 94384 was issued in the name of PNB.22
On the same date, PNB decided to approve the purchase offer of Atty. Garay23 since spouses Sombilon
failed to make the required down payment.24

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Division

G.R. No. 179914

On May 9, 2005, PNB filed an Ex-Parte Petition for Issuance of a Writ of Possession25 before the RTC of
Malaybalay City, Bukidnon. The case was docketed as Special Civil Case No. 375-05 and raffled to
Branch 8, presided over by Judge Venadas, Sr.
On June 10, 2005, Judge Venadas, Sr. issued an Order26 granting the Petition and, on June 27, 2005, he
issued a Writ of Possession27 in favor of PNB.28
On June 22, 2005, PNB informed spouses Sombilon that Atty. Garays offer to purchase the property had
been approved due to their failure to pay the full down payment.29
On July 10, 2005, spouses Sombilon moved for a reconsideration30 of the issuance of the Writ of
Possession arguing that Atty. Garay,31 who was the former counsel of Hilly, was barred from purchasing
the property pursuant to paragraph 5,32 Article 1491 of the Civil Code.
Ruling of the Regional Trial Court
On July 14, 2005, Judge Venadas, Sr. issued an Order33 holding in abeyance the implementation of the
Writ of Possession, a portion of which reads:
Although, ordinarily a writ of possession is issued by the court because it is a mandatory
and ministerial duty under Act 3135, x x x there is x x x an exception to this rule that if
the implementation and enforcement of the writ of possession would work [great]
injustice to the registered owner because the petitioner PNB or in this case Atty. Garay
counsel for the Sombilon[s] is not entitled thereto. There is much to be said about the
conduct of Atty. Garay in manipulating that the property in question was finally bought by
him from the PNB not to mention the possible violation of the [canon] of legal and judicial
ethics. However, the court cannot ignore the version of Mrs. Sombilon. The court will give
Atty. Garay [the opportunity] to rebut the evidence presented by spouses Sombilon and
he is directed to appear on August 2, 2005, at 8:30 in the morning. And if this case
cannot be accommodated in the morning[,] it will proceed in the afternoon.
Send proper notice to Atty. Rey Ferdinand Garay for him to appear on said date.
In the meantime, the full implementation x x x of the Writ of Possession is hereby held in
abeyance. Sheriff Claudio C. Bugahod is hereby directed to return all items to the house
of Spouses Sombilon and to restore them in full possession of the property, if already
implemented and enforced.
SO ORDERED.34
Aggrieved, Atty. Garay and PNB elevated the case to the CA via a Petition for Certiorari with prayer for
issuance of a Temporary Restraining Order (TRO) and/or Injunction35 under Rule 65 of the Rules of
Court.
Initially, on August 2, 2005, the CA dismissed36 the Petition for Certiorari for several procedural
defects.37 However, on reconsideration,38 the CA reinstated the Petition.39
On July 25, 2006, the CA issued a Resolution40 granting the PNB and Atty. Garays application for a TRO.
Thus:
Accordingly, let a Temporary Restraining Order (TRO) be issued upon the posting of a Five
Thousand Peso (P5,000.00) bond within five (5) days from receipt hereof ordering,
[petitioners] to:
chanroblesvirtuallawlibrary

1. Cease and desist from doing any act which is destructive of, or involves danger to, or
alters the nature and condition of the property;
2. Cease and desist from collecting rent or income [for the use of] the said property;
3. To deposit any rent or income arising from the said property which they may have
already received to the Clerk of Court of the Regional Trial Court of the Tenth Judicial
Region, Malaybalay City; and
Furthermore, all tenants are hereby ordered to deposit any rentals arising from the
disputed property to the said Clerk of Court.
SO ORDERED.41
Ruling of the Court of Appeals
On June 13, 2007, the CA rendered a Decision42 granting the Petition for Certiorari. The CA found grave
abuse of discretion on the part of Judge Venadas, Sr. in holding in abeyance the implementation of the
Writ of Possession.43 The dispositive portion of the Decision reads:
ACCORDINGLY, the petition for certiorari is hereby GRANTED and the assailed July 14,

June-2014 Jurisprudence
G.R. No. 169247, June 02, 2014 - MA. CONSOLACION
M. NAHAS, DOING BUSINESS UNDER THE NAME AND
STYLE PERSONNEL EMPLOYMENT AND TECHNICAL
RECRUITMENT AGENCY, Petitioner, v. JUANITA L.
OLARTE, Respondent.
G.R. No. 191906, June 02, 2014 - JOSELITO MA. P.
JACINTO (FORMERLY PRESIDENT OFF. JACINTO
GROUP, INC.), Petitioner, v. EDGARDO* GUMARU, JR.,
Respondent.
G.R. No. 192302, June 04, 2014 - REPUBLIC OF THE
PHILIPPINES, REPRESENTED BY THE ANTIMONEY
LAUNDERING COUNCIL, Petitioner, v. RAFAEL A.
MANALO, GRACE M. OLIVA, AND FREIDA Z. RIVERA
YAP, Respondents.
G.R. No. 199871, June 02, 2014 - PEOPLE OF THE
PIDLIPPINES,
PlaintiffAppellee,
v.
WILFREDO
SOLANO, JR.Y GECITA, AccusedAppellant.
A.M. No. P133132 (Formerly A.M. No. 12354
RTC), June 04, 2014 - OFFICE OF THE COURT
ADMINISTRATOR, Complainant, v. SARAH P. AMPONG,
COURT INTERPRETER III, REGIONAL TRIAL COURT OF
ALABEL,
SARANGANI
PROVINCE,
BRANCH
38,
Respondent.

2005 Order of the court a quo is hereby SET ASIDE.

SO ORDERED.44
Spouses Sombilon moved for reconsideration45 but the CA denied the same in its August 8, 2007
Resolution.46
Hence, spouses Sombilon filed the instant Petition for Review on Certiorari contending that:
THE [CA] COMMITTED A REVERSIBLE ERROR AND GRAVELY ERRED IN GRANTING THE
PETITION FOR CERTIORARI OF [ATTY. GARAY AND PNB] AND IN DECLARING THAT THERE
WAS GRAVE ABUSE OF DISCRETION AMOUNT[ING] TO LACK OR EXCESS OF
JURISDICTION COMMITTED BY THE [RTC], BRANCH [8], MALAYBALAY CITY, WHICH IS
CONTRARY [TO] LAW AND APPLICABLE DECISIONS OF THE HONORABLE SUPREME
COURT.47
Spouses Sombilons Arguments
Spouses Sombilon insist that the CA should have dismissed the Petition for Certiorari due to the failure
of PNB and Atty. Garay to file a Motion for Reconsideration of the assailed Order.48 They also allege that
PNB and Atty. Garay engaged in forum-shopping when they filed a Motion to Recall Order with the RTC,
in addition to the Petition for Certiorari they earlier filed with the CA.49
As to the assailed Order, they contend that Judge Venadas, Sr. did not commit grave abuse of discretion
in holding in abeyance the implementation of the Writ of Possession because PNB no longer has the legal
personality to apply for a Writ of Possession considering that the subject property had already been sold
to Atty. Garay,50 who they claim is also not entitled to the Writ of Possession as he is disqualified from
purchasing the subject property pursuant to paragraph 5, Article 1491 of the Civil Code.51

G.R. No. 185092, June 04, 2014 - REPUBLIC OF THE

PHILIPPINES, Petitioner, v. CORAZON C. SESE AND FE
C. SESE, Respondents.

Atty. Garays and PNBs Arguments

G.R. No. 189171, June 03, 2014 - EDILBERTO L.

BARCELONA, Petitioner, v. DAN JOEL LIM AND
RICHARD TAN, Respondents.

Atty. Garay, on the other hand, argues that the CA did not err in granting the Petition for Certiorari as
Judge Venadas, Sr. acted with grave abuse of discretion when he recalled the Writ of Possession without
notice to him and PNB.52 He also emphasizes that it is a ministerial duty of the court to issue a writ of
possession after the redemption period has lapsed.53

A.M. No. MTJ-14-1841 (Formerly OCA IPI No. 112388-MTJ), June 02, 2014 - GERSHON N. DULANG,
Complainant, v. JUDGE MARY JOCYLEN1 G. REGENCIA,
MUNICIPAL CIRCUIT TRIAL COURT (MCTC), ASTURIASBALAMBAN, CEBU, Respondent.

PNB, for its part, asserts that as the registered owner of the subject property, it is entitled to the Writ of
Possession.54 Thus, it was grave abuse of discretion on the part of Judge Venadas, Sr. in holding in
abeyance the implementation of the Writ of Possession, which he had earlier issued.55

G.R. No. 203696, June 02, 2014 - JESSE PHILIP B.

EIJANSANTOS, Petitioner, v. SPECIAL PRESIDENTIAL
TASK FORCE 156, REPRESENTED BY ATTY. ALLAN U.
VENTURA, Respondent.

PNB further avers that it is not privy to the arrangement or relationship between Atty. Garay and
spouses Sombilon.56 In any case, the prohibition in paragraph 5, Article 1491 of the Civil Code does not
apply to the instant case as Atty. Garay purchased the subject property from PNB and not from spouses
Sombilon.57

G.R.
No.
197303,
June
04,
2014
APQ
SHIPMANAGEMENT CO., LTD., AND APQ CREW
MANAGEMENT USA, INC., Petitioner, v. ANGELITO L.
CASEAS, Respondent.
G.R. No. 197525, June 04, 2014 - VISAYAS
GEOTHERMAL
POWER
COMPANY,
Petitioner,
v.
COMMISSIONER OF INTERNAL REVENUE, Respondent.
G.R. No. 199096, June 02, 2014 - PEOPLE OF THE
PHILIPPINES, Appellee, v. FRED TRAIGO, Appellant.
G.R. No. 201861, June 02, 2014 - PEOPLE OF THE
PHILIPPINES, Appellee, v. VALENTIN SABAL Y PARBA,
JR., Appellant.
A.C. No. 9881 (Formerly CBD 10-2607), June 04,
2014 - ATTY. ALAN F. PAGUIA, Petitioner, v. ATTY.
MANUEL T. MOLINA, Respondent.
G.R. No. 205065, June 04, 2014 - VERGEL PAULINO
AND CIREMIA PAULINO, Petitioner, v. COURT OF
APPEALS AND REPUBLIC OF THE PHILIPPINES,
REPRESENTED BY THE ADMINISTRATOR OF THE LAND
REGISTRATION AUTHORITY, Respondents.; G.R. NO.
207533 - SPOUSES DR. VERGEL L. PAULINO & DR.
CIREMIA G. PAULINO, Petitioners, v. REPUBLIC OF THE
PHILIPPINES, REPRESENTED BY THE ADMINISTRATOR
OF THE LAND REGISTRATION AUTHORITY, Respondent.
G.R. No. 194872, June 09, 2014 - SAHAR
INTERNATIONAL
TRADING,
INC.,
Petitioner,
v.
WARNER LAMBERT CO., LLC AND PFIZER, INC.
(PHILIPPINES), Respondents.

Anent its failure to file a Motion for Reconsideration prior to filing a Petition for Certiorari, PNB explains
that in this case the filing of a Motion for Reconsideration may be dispensed with as the issue involved is
purely one of law, which is an exception under prevailing jurisprudence.58 Besides, there was no plain,
speedy, and adequate remedy available at the time considering that Judge Venadas, Sr. issued the
assailed Order, holding in abeyance the implementation of the Writ of Possession, without affording PNB
the opportunity to be heard.59
Lastly, PNB denies that it committed forum-shopping claiming that it did not institute another action
simultaneously with the Petition for Certiorari it filed with the CA.60
A.M. No. RTJ-06-2000
Meanwhile, on November 15, 2005, Atty. Garay filed a Verified Complaint61 against Judge Venadas, Sr.,
charging him with Grave Abuse of Authority and Grave Misconduct when he proceeded with the hearing
of spouses Sombilons motion for reconsideration of the Order granting the issuance of the Writ of
Possession despite lack of notice to PNB and for holding in abeyance the Writ of Possession he issued in
Special Civil Case No. 375-05.
Atty. Garays Arguments
Atty. Garay claims that Judge Venadas, Sr. should be administratively sanctioned for holding in abeyance
the Writ of Possession he earlier issued62 and for ignoring Sections 4,63 5,64 and 665 of Rule 15 of the
Rules of Court as he proceeded to hear the motion despite lack of notice to PNB.66
Judge Venadas, Sr.s Arguments
In his defense, Judge Venadas, Sr. denies the charges against him arguing that he did not annul the Writ
of Possession but merely stayed its execution and implementation to prevent any injustice.67 He insists
there was no violation of due process because he immediately scheduled a hearing for PNB to present its
evidence.68

G.R. No. 188710, June 02, 2014 - PEOPLE OF THE

PHILIPPINES,
Plaintiff-Appellee,
v.
MATIMANAY
WATAMAMA A.K.A. AKMAD SALIPADA, ACCUSEDAPPELLANT, TENG MIDTIMBANG (AT LARGE), Accused.

Report and Recommendation of the Office of the Court Administrator (OCA)

G.R. No. 194066, June 04, 2014 - REPUBLIC OF THE

PHILIPPINES, Petitioner, v. FRANKLIN M. MILLADO,
Respondent.

Judge Venadas, Sr. should be administratively sanctioned for holding in abeyance the implementation of
the Writ of Possession as it was still pending with the CA at that time, it nevertheless found Judge
Venadas, Sr. guilty of blatantly disregarding Sections 4, 5, and 6 of Rule 15 of the Rules of Court when
he acted on the defective motion filed by spouses Sombilon.71 It also pointed out that PNB and Atty.
Garay were deprived of their rights to due process as no proper notice was sent to them.72 Thus, the
OCA recommended that:

G.R. No. 201858, June 04, 2014 - PEOPLE OF THE

PHILIPPINES, Plaintiff-Appellee, v. JENNY LIKIRAN
ALIAS LOLOY, Accused-Appellant.
G.R. No. 208761, June 04, 2014 - PEOPLE OF THE
PHILIPPINES, Plaintiff-Appellee, v. ROLANDO BARAGA
Y ARCILLA, Accused-Appellant.
G.R. No. 183239, June 02, 2014 - GREGORIO DE
LEON, DOING BUSINESS AS G.D.L. MARKETING,
Petitioner,
v.
HERCULES
AGRO
INDUSTRIAL
CORPORATION AND/OR JESUS CHUA AND RUMI

The OCA, in its Report,69 found Judge Venadas, Sr. administratively liable for grave abuse of authority
bordering on gross ignorance of procedure.70 Although the OCA did not touch on the issue of whether

a) the instant administrative complaint be DOCKETED as a regular administrative

complaint;
b) respondent Judge Rolando S. Venadas, Sr. be found guilty of gross ignorance of
procedure; and
c) respondent Judge Rolando S. Venadas, Sr. be ordered to pay a FINE of TWENTY
THOUSAND PESOS (P20,000.00) with a WARNING that a similar transgression x x x will

RUNGIS MILK., Respondents.

G.R. No. 202303, June 04, 2014 - GERARDO R.
VILLASEOR AND RODEL A. MESA, Petitioner, v.
OMBUDSMAN AND HON. HERBERT BAUTISTA, CITY
MAYOR, QUEZON CITY, Respondents.
G.R. No. 197192, June 04, 2014 - COMMISSIONER OF
INTERNAL REVENUE, Petitioner, v. THE INSULAR LIFE
ASSURANCE CO. LTD., Respondent.
G.R. No. 202414, June 04, 2014 - JOSEPHINE WEE,
Petitioner, v. FELICIDAD GONZALEZ, Respondent.
G.R. No. 179535, June 09, 2014 - JOSE ESPINELI
A.K.A. DANILO ESPINELI, Petitioner, v. PEOPLE OF THE
PHILIPPINES, Respondent.
G.R. No. 190080, June 11, 2014 - GOLDEN VALLEY
EXPLORATION, INC., Petitioner, v. PINKIAN MINING
COMPANY AND COPPER VALLEY, INC., Respondents.
G.R. No. 177592, June 09, 2014 - AVELINO S. ALILIN,
TEODORO CALESA, CHARLIE HINDANG, EUTIQUIO
GINDANG, ALLAN SUNGAHID, MAXIMO LEE, CARPIO,
CHAIRPERSON, JOSE G. MORATO, REX GABILAN, AND
EUGEMA L. LAURENTE, Petitioners, v. PETRON
CORPORATION, Respondent.
G.R. No. 205664, June 09, 2014 - DEPARTMENT OF
EDUCATION,
REPRESENTED
BY
ITS
REGIONAL
DIRECTOR TERESITA DOMALANTA, Petitioner, v.
MARIANO TULIAO, Respondent.
G.R. No. 194818, June 09, 2014 - CHARLES
BUMAGAT,
JULIAN
BACUDIO,
ROSARIO
PADRE,
SPOUSES ROGELIO AND ZOSIMA PADRE, AND FELIPE
DOMINCIL,
Petitioner,
v.
REGALADO
ARRIBAY,
Respondent.
G.R. No. 191516, June 04, 2014 - REPUBLIC OF THE
PHILIPPINES, Petitioner, v. FRANCISCA, GERONIMO
AND CRISPIN, ALL SURNAMED SANTOS, Respondents.
G.R. No. 187769, June 04, 2014 - ALVIN
PATRIMONIO, Petitioner, v. NAPOLEON GUTIERREZ
AND OCTAVIO MARASIGAN III, Respondents.
G.R. No. 183202, June 02, 2014 - ALBERTO
ALMOJUELA Y VILLANUEVA, Petitioner, v. PEOPLE OF
THE PHILIPPINES, Respondent.
G.R. No. 179669, June 04, 2014 - SR METALS, INC.,
SAN R MINING AND CONSTRUCTION CORP. AND GALEO
EQUIPMENT AND MINING COMPANY, INC., Petitioner,
v. THE HONORABLE ANGELO T. REYES, IN HIS
CAPACITY
AS
SECRETARY
OF
DEPARTMENT
ENVIRONMENT AND NATURAL RESOURCES (DENR),
Respondent.
G.R. No. 187456, June 02, 2014 - ALABANG
CORPORATION DEVELOPMENT, Petitioner, v. ALABANG
HILLS VILLAGE ASSOCIATION AND RAFAEL TINIO,
Respondents.
G.R. No. 189970, June 02, 2014 - REPUBLIC OF THE
PHILIPPINES, Petitioner, v. CRISANTO S. RANESES,
Respondent.
G.R. No. 196276, June 04, 2014 - TAKATA
(PHILIPPINES) CORPORATION, Petitioner, v. BUREAU
OF LABOR RELATIONS AND SAMAHANG LAKAS
MANGGAGAWA NG TAKATA (SALAMAT), Respondents.
G.R. No. 171286, June 02, 2014 - DOLORES CAMPOS,
Petitioner, v. DOMINADOR ORTEGA, SR. AND JAMES
SILOS, Respondents.
G.R. No. 200884, June 04, 2014 - THE PEOPLE OF THE
PHILIPPINES, Appellee, v. MILDRED SALVATIERRA Y
MATUCO, Appellant.
G.R. No. 199211, June 04, 2014 - PEOPLE OF THE
PHILIPPINES, Appellee, v. JERIC FERNANDEZ Y
JAURIGUE, Appellant.
G.R. No. 207525, June 10, 2014 - BONIFACIO
PIEDAD, REPRESENTED BY MARIA INSPIRACION
PIEDAD-DANAO, Petitioner, v. SPOUSES VICTORIO
GURIEZA AND EMETERIA M. GURIEZA , Respondent.

be dealt with more severely.73

On November 26, 2007, the Court resolved to consolidate A.M. No. RTJ-06-2000 with G.R. No.
179914.74
Issues
Stripped of the non-essentials, the issues boil down to: (1) whether Judge Venadas, Sr. committed grave
abuse of discretion in holding in abeyance the implementation of the Writ of Possession; and (2)
whether he should be administratively sanctioned for holding in abeyance the implementation of the Writ
of Possession and for disregarding Sections 4, 5, and 6, Rule 15 of the Rules of Court.
cra1awredjgc

Our Ruling
G.R. No. 179914
The issuance of a writ of possession is ministerial upon the court.
A debtor has one year from the date the Certificate of Sale is registered with the Register of Deeds
within which to redeem his property.75 During the one-year redemption period, the purchaser may
possess the property by filing a petition for the issuance of a writ of possession before the court, upon
the posting of a bond.76 But after the one-year period, the purchaser has a right to consolidate the title
and to possess the property, without need of a bond.77 And once title is consolidated under the name of
the purchaser, the issuance of the writ of possession becomes ministerial on the part of the court; thus,
no discretion is left to the court.78 Questions regarding the regularity and validity of the mortgage or the
foreclosure sale may not be raised as a ground to oppose or hold in abeyance the issuance of the writ of
possession as these must be raised in a separate action for the annulment of the mortgage or the
foreclosure sale.79 The pendency of such action is also not a ground to stay the issuance of a writ of
possession.80
In this case, the redemption period had long lapsed when PNB applied for the issuance of the Writ of
Possession. In fact, the title over the subject property had already been consolidated in PNBs name.
Thus, it was ministerial upon Judge Venadas, Sr. to issue the Writ of Possession in favor of PNB, the
registered owner of the subject property.
Though there are instances when the issuance of the Writ of Possession may be deferred,81 we find
none of these recognized exceptions present in the instant case. Spouses Sombilon claim that the sale
between PNB and Atty. Garay was invalid as it was done in violation of paragraph 5, Article 1491 of the
Civil Code. However, the alleged invalidity of the sale is not a ground to oppose or defer the issuance of
the Writ of Possession as this does not affect PNBs right to possess the subject property. Thus, there
was no reason for Judge Venadas, Sr. to hold in abeyance the implementation of the Writ of Possession.
Clearly, he committed grave abuse of discretion in issuing the assailed Order holding in abeyance the
implementation of the Writ of Possession because PNB, as the registered owner, is entitled to the
possession of the subject property as a matter of right.
Regarding the failure of PNB and Atty. Garay to move for a reconsideration of the assailed Order prior to
the availment of a special civil action for certiorari, we agree with PNB that the filing of a motion for
reconsideration may be dispensed with where the decision is a patent nullity or where there is violation
of due process,82 such as in the instant case.
All told, we find no error on the part of the CA in granting the Petition for Certiorari.
A.M. No. RTJ-06-2000
As to the Administrative Complaint filed against Judge Venadas, Sr., we agree with the findings and
recommendations of the OCA.
Records show that spouses Sombilon failed to comply with the three-day notice rule and the required
proof of service embodied in Sections 4, 5, and 6 of Rule 15 of the Rules of Court, thereby rendering the
motion fatally defective. Despite this, Judge Venadas, Sr. still took cognizance of the motion filed by
spouses Sombilon, depriving PNB and Atty. Garay of their right to due process.
To exculpate himself from the charges against him, Judge Venadas, Sr. claims that the motion was
personally served on PNB and its counsel on July 12, 2005 but they refused to receive the same.
However, as aptly pointed out by the OCA, no affidavit was submitted to substantiate such allegation.
Thus, we agree with the Court Administrator that Judge Venadas, Sr. is guilty of grave abuse of authority
bordering on gross ignorance of procedure for blatantly disregarding Sections 4, 5, and 6, Rule 15 of the
Rules of Court.
Blatant disregard of basic, elementary, and well-known rules of procedure and law is gross ignorance of
the law,83 which is classified as a serious charge under Rule 140, Section 8 of the Rules of Court, as
amended by A.M. No. 01-8-10-SC, punishable by either dismissal from service, suspension for more
than three months but not exceeding six months, or a fine of more than P20,000.00 but not exceeding
P40,000.00.84
Thus, in view of his blatant disregard of the rules and his grave abuse of discretion in issuing the
assailed Order, and considering that this is his first offense, we find Judge Venadas, Sr. guilty of grave
abuse of authority bordering on gross ignorance of the law and is hereby fined the amount of
P20,000.00. Incidentally, in the April 18, 2007 Resolution in A.M. No. 12600-Ret.,85 the Court approved
the application of Judge Venadas, Sr. for disability retirement but withheld the amount of P100,000.00
pending the final resolution of this case. In view thereof, the fine of P20,000.00 herein imposed on
Judge Venadas, Sr. is to be deducted from the withheld amount of P100,000.00.
cra1awlaw1ibrary

A.C. No. 10378, June 09, 2014 - JOSE FRANCISCO T.

BAENS, Complainant, v. ATTY. JONATHAN T. SEMPIO,
Respondent.
G.R. No. 200402, June 18, 2014 - PRIVATIZATION
AND MANAGEMENT OFFICE, Petitioner, v. STRATEGIC
ALLIANCE DEVELOPMENT CORPORATION AND/OR
PHILIPPINE ESTATE CORPORATION, Respondent.; G.R.
NO. 208127 - STRATEGIC ALLIANCE DEVELOPMENT
CORPORATION AS SUBSTITUTED BY PHILIPPINE
ESTATE CORPORATION, Petitioner, v. PRIVATIZATION
AND
MANAGEMENT
OFFICE
(FORMERLY
ASSET
PRIVATIZATION TRUST), AND PHILIPPINE NATIONAL
CONSTRUCTION CORPORATION, Respondents.
G.R. No. 197591, June 18, 2014 - TAGANITO MINING

WHEREFORE, in G.R. No. 179914, the Petition is hereby DENIED. The June 13, 2007 Decision and the
August 8, 2007 Resolution of the Court of Appeals in CA-G.R. SP No. 00477-MIN are hereby AFFIRMED.
In Administrative Matter No. RTJ-06-2000, Judge Rolando S. Venadas, Sr. of the Regional Trial Court of
Malaybalay City, Bukidnon, Branch 8, is hereby found guilty of grave abuse of authority bordering on
gross ignorance of the law and is ordered to pay a FINE of TWENTY THOUSAND PESOS (P20,000.00)
to be deducted from the withheld amount of P100,000.00 from his retirement benefits pursuant to the
April 18, 2007 Resolution in A.M. No. 12600-Ret.
SO ORDERED.
Brion,*(Acting Chairperson), Perez, Mendoza,** and Perlas-Bernabe, JJ., concur.

cralawred

CORPORATION, Petitioner, v. COMMISSIONER

INTERNAL REVENUE, Respondent.

OF

G.R. No. 200920, June 09, 2014 - PEOPLE OF THE

PHILIPPINES,
Plaintiff-Appellee,
v.
JERUSALEM
ESTEBAN Y BALLESTEROS, Accused-Appellant.
G.R. No. 199027, June 09, 2014 - THE OFFICE OF THE
SOLICITOR GENERAL (OSG), Petitioner, v. THE
HONORABLE COURT OF APPEALS AND THE MUNICIPAL
GOVERNMENT OF SAGUIRAN, LANAO DEL SUR,
Respondent.
G.R. No. 184148, June 09, 2014 - NORA B.
CALALANG-PARULAN AND ELVIRA B. CALALANG,
Petitioners, v. ROSARIO CALALANG-GARCIA, LEONORA
CALALANG-SABILE, AND CARLITO S. CALALANG,
Respondent.
G.R. No. 189440, June 18, 2014 - COMMISSIONER OF
INTERNAL REVENUE, Petitioner, v. MINDANAO II
GEOTHERMAL PARTNERSHIP, Respondent.
G.R. No. 204029, June 04, 2014 - AVELINA
ABARIENTOS REBUSQUILLO [SUBSTITUTED BY HER
HEIRS,
EXCEPT
EMELINDA
R.
GUALVEZ]
AND
SALVADOR A. OROSCO, Petitioners, v. SPS. DOMINGO
AND EMELINDA REBUSQUILLO GUALVEZ, Respondent.
G.R. No. 205202, June 09, 2014 - PEOPLE OF THE
PHILIPPINES, Plaintiff-Appellee, v. NENITA GAMATA Y
VALDEZ, Accused-Appellant.
G. R. No. 168903, June 18, 2014 - MA. ANA
CONSUELO A.S. MADRIGAL, Petitioner, v. DEPARTMENT
OF JUSTICE, UNDERSECRETARY MA. MERCEDITAS N.
GUTIERREZ, CELESTINO M. PALMA III, AND HELEN T.
CHUA, Respondent.
G.R. No. 182839, June 02, 2014 - PHILIPPINE
NATIONAL BANK, Petitioner, v. JOSE GARCIA AND
CHILDREN NORA GARCIA, JOSE GARCIA, JR., BOBBY
GARCIA AND JIMMY GARCIA AND HEIRS OF ROGELIO
GARCIA NAMELY: CELEDONIO GARCIA, DANILO
GARCIA, ELSA GARCIA, FERMIN GARCIA, HEHERSON
GARCIA, GREGORIO GARCIA, IMELDA GARCIA AND
JANE GARCIA, Respondent.
G.R. No. 207888, June 09, 2014 - DIONARTO Q.
NOBLEJAS, Petitioner, v. ITALIAN MARITIME ACADEMY
PHILS., INC., CAPT. NICOLO S. TERREI, RACELI B.
FERREZ AND MA. TERESA R. MENDOZA, Respondent.
G.R. No. 207266, June 25, 2014 - HEIRS OF PACIANO
YABAO,
REPRESENTED
BY
REMEDIOS
CHAN,
Petitioners, v. PAZ LENTEJAS VAN DER KOLK,
Respondent.
G.R. No. 204626, June 09, 2014 - PAUL P. GABRIEL,
JR., IRENEO C. CALWAG, THOMAS L. TINGGA-AN, AND
THE HEIRS OF JULIET B. PULKERA, Petitioners, v.
CARMELING CRISOLOGO, Respondent.
G.R. No. 205278, June 11, 2014 - PHILIPPINE
SPRING WATER RESOURCES INC. /DANILO Y. LUA ,
Petitioners, v. COURT OF APPEALS AND JUVENSTEIN B.
MAHILUM, Respondent.
G.R. No. 185432, June 04, 2014 - MIRAMAR FISH
COMPANY, INC., Petitioner, v. COMMISSIONER OF
INTERNAL REVENUE, Respondent.
G.R. No. 185964, June 16, 2014 - ASIAN TERMINALS,
INC.,
Petitioner,
v.
FIRST
LEPANTO-TAISHO
INSURANCE CORPORATION, Respondent.
G.R. No. 194234, June 18, 2014 - PEOPLE OF THE
PHILIPPINES, Plaintiff-Appellee, v. JAYSON CRUZ Y
TECSON, Accused-Appellant.
G.R. No. 201043, June 16, 2014 - REPUBLIC OF THE
PHILIPPINES, REPRESENTED BY THE ARMED FORCES
OF THE PHILIPPINES FINANCE CENTER (AFPFC),
Petitioner, v. DAISY R. YAHON, Respondent.
G.R. No. 193421, June 04, 2014 - MCMER
CORPORATION, INC., MACARIO D. ROQUE, JR. AND
CECILIA R. ALVESTIR, Petitioners, v. NATIONAL LABOR
RELATIONS COMMISSION AND FELICIANO C. LIBUNAO,
JR., Respondent.
G.R. No. 192912, June 04, 2014 - PEOPLE OF THE
PHILIPPINES,
Plaintiff-Appellee,
v.
DEMOCRITO
PARAS, Accused-Appellant.
G.R. No. 207513, June 16, 2014 - PEOPLE OF THE
PHILIPPINES,
Plaintiff-Appellee,
v.
BRICCIO
BACULANTA, Accused-Appellant.
G.R. No. 197005, June 04, 2014 - PRINCESS JOY
PLACEMENT AND GENERAL SERVICES, INC., Petitioner,
v. GERMAN A. BINALLA, Respondent.
A.C. No. 5377, June 30, 2014 - VICTOR C. LINGAN,
Complainant, v. ATTYS. ROMEO CALUBAQUIB AND
JIMMY P. BALIGA, Respondents.

Endnotes:
*

Per Special Order No. 1699 dated June 13, 2014.

**

Per Special Order No. 1696 dated June 13, 2014.

1Fr.

Guillen v. Judge Caon, 424 Phil. 81, 88-89 (2002).

2Rollo,

G.R. No. 179914, pp. 3-27.

CA rollo, pp. 427-435; penned by Associate Justice Romulo V. Borja and concurred in by
Associate Justices Mario V. Lopez and Michael P. Elbinias.
4

Id. at 457-458.

5Rollo,

A. M. No. RTJ-06-2000, pp. 2-11.

CA rollo, p. 428.

Id.

Id.

Id. at 429.

10

Id. at 428-429.

11

Spouses Sombilon entered into a Contract of Lease with PNB in order to have
continuous use of the property. Id. at 153-158 and 288.
12Rollo,

G.R. No. 179914, p. 6.

13

CA rollo, pp. 428-429.

14

Id. at 429.

15

Id.

16Rollo,
17

G.R. No. 179914, p. 210. In the CA Decision, the amount stated is P587,000.00.

CA rollo, p. 429.

18Rollo,

G.R. No. 179914, pp. 7-8.

19

PNBs total claim of P4.9 million was reduced by its Asset Management Group to P4.425
million. Id. at 210.
20

CA rollo, p. 429.

21

Id.

22

Id.

23Rollo,

G.R. No. 179914, p. 210.

24

Spouses Sombilon only made a down payment of P300,000.00, which is less than the
10% down payment required by PNB. Id. at 8 and 42.
25

Id. at 44-47.

26

Id. at 115-116.

27

Id. at 117.

28

CA rollo, pp. 429-430.

29

Id. at 430.

30Rollo,

G.R. No. 179914, pp. 51-59.

31

On July 22, 2005, a Deed of Sale was executed by PNB in favor of Atty. Garay. Id. at
210.
32

Article 1491. The following persons cannot acquire by purchase, even at a public or
judicial auction, either in person or through the mediation of another:
chanroblesvirtuallawlibrary

xxxx
(5) Justices, judges, prosecuting attorneys, clerks of superior and inferior courts, and
other officers and employees connected with the administration of justice, the property
and rights in litigation or levied upon an execution before the court within whose
jurisdiction or territory they exercise their respective functions; this prohibition includes
the act of acquiring by assignment and shall apply to lawyers, with respect to the property
and rights which may be the object of any litigation in which they may take part by virtue
of their profession.
33Rollo,

G.R. No. 179914, pp. 60-61.

34

Id. at 61.

35

CA rollo, pp. 2-7.

G.R. No. 176652, June 04, 2014 - AUGUSTO C.

SOLIMAN, Petitioner, v. JUANITO C. FERNANDEZ, IN
HIS CAPACITY AS RECEIVER OF SMC PNEUMATICS
(PHILS.), INC., Respondent.

36

Id. at 30-31; penned by Associate Justice Romulo V. Borja and concurred in by

Associate Justices Rodrigo F. Lim, Jr. and Normandie B. Pizarro.
37

G.R. No. 197539, June 02, 2014 - PEOPLE OF THE

PHILIPPINES, Plaintiff-Appellee, v. ANGELITA I. DAUD,
HANELITA M. GALLEMIT AND RODERICK GALLEMIT Y
TOLENTINO, ACCUSED.[BR][BR]RODERICK GALLEMIT Y
TOLENTINO, Accused-Appellant.

1. The Secretarys Certificate is a mere photocopy;

2. The date of issue of the IBP Receipt Number of Atty. Vicente J. Ladlad is not
indicated;

A.C. No. 7676, June 10, 2014 - AMADO T. DIZON,

Complainant, v. ATTY. NORLITA DE TAZA, Respondent.

3. Likewise, the Professional Tax Receipt Number of Atty. Vicente J. Ladlad is not
indicated;

A.M. No. RTJ-12-2332 (Formerly OCA IPI No. 103393-RTJ), June 25, 2014 - EFREN T. UY, NELIA B. LEE,
RODOLFO L. MENES AND QUINCIANO H. LUI,
Complainants, v. JUDGE ALAN L. FLORES, PRESIDING
JUDGE, REGIONAL TRIAL COURT, BRANCH 7, TUBOD,
LANAO DEL NORTE, Respondent.

4. There is no indication that the Hon. Rolando S. Venadas, Sr., whose Order is being
assailed herein, and therefore a nominal party, is impleaded in his official capacity;
5. The caption of the petition does not contain the docket number of the case in the
lower court whose Order is sought to be reviewed (Supreme Court Circular 28-91);

G.R. No. 207990, June 09, 2014 - PEOPLE OF THE

PHILIPPINES,
Plaintiff-Appellee,
v.
ELIAS
BUENVINOTO Y PAGLINAWAN, Accused-Appellant.
G.R. No. 208719, June 09, 2014 - PEOPLE OF THE
PHILIPPINES, Plaintiff-Appellee, v. ROGER RINGOR
UMAWID, Accused-Appellant.
G.R. No. 192820, June 04, 2014 - PEOPLE OF THE
PHILIPPINES, Plaintiff-Appellee, v. RENATO DELA
CRUZ, Accused-Appellant.
G.R. No. 192074, June 10, 2014 - LIGHT RAIL
TRANSIT
AUTHORITY,
REPRESENTED
BY
ITS
ADMINISTRATOR MELQUIADES A. ROBLES, Petitioner,
v. AURORA A. SALVAA, Respondent.
G.R. No. 180416, June 02, 2014 - ADERITO Z.
YUJUICO AND BONIFACIO C. SUMBILLA, Petitioners, v.
CEZAR
T.
QUIAMBAO
AND
ERIC
C.
PILAPIL,
Respondent.
G.R. No. 209785, June 04, 2014 - PEOPLE OF THE
PHILIPPINES, Plaintiff-Appellee, v. MARLON ABETONG
Y ENDRADO, Accused-Appellant.
G.R. No. 179914, June 16, 2014 - SPOUSES
REYNALDO AND HILLY G. SOMBILON, Petitioners, v.
ATTY. REY FERDINAND GARAY AND PHILIPPINE
NATIONAL BANK, Respondent.; A.M. No. RTJ-06-2000 ATTY. REY FERDINAND T. GARAY, Petitioner, v. JUDGE
ROLANDO S. VENADAS, SR., Respondent.
G.R. No. 192011, June 30, 2014 - LIBCAP MARKETING
CORP., JOHANNA J. CELIZ, AND MA. LUCIA G.
MONDRAGON, Petitioners, v. LANNY JEAN B. BAQUIAL,
Respondent.

6. There is no Statement of Material Dates;

7. Petitioners failed to avail of the plain, speedy and adequate remedy of filing a
motion for reconsideration before availing of the extra-ordinary remedy of
certiorari .
Even if We were to overlook these formal and substantial errors, We are nonetheless
constrained to dismiss the petition for the most elemental of reasons there is no private
respondent named in the present petition. Id. at 31.
38

Id. at 32-34.

39

Id. at 63.

40

Id. at 318-320; penned by Associate Justice Romulo V. Borja and concurred in by

Associate Justices Ramon R. Garcia and Antonio L. Villamor.
41

Id. at 320.

42

Id. at 427-435; penned by Associate Justice Romulo V. Borja and concurred in by

Associate Justices Mario V. Lopez and Michael P. Elbinias.
43

Id. at 431-434.

44

Id. at 434-435.

45

Id. at 447-452.

46

Id. at 457-458.

47Rollo,

G.R. No. 179914, p. 14.

48

Id. at 243-245.

49

Id. at 251-253.

50

Id. at 246-250.

51

Id. at 250.

52

Id. at 261-263.

53

Id. at 263.

54

Id. at 227-229.

A.M. No. P-13-3123, June 10, 2014 - ALBERTO

VALDEZ, Complainant, v. DESIDERIO W. MACUSI, JR.,
SHERIFF IV, REGIONAL TRIAL COURT, BRANCH 25,
TABUK, KALINGA, Respondent.

55

Id. at 220-223.

56

Id. at 216.

A.C. No. 9317 (Formerly CBD Case No. 12-3615),

June 04, 2014 - ADELIA V. QUIACHON, Complainant, v.
ATTY. JOSEPH ADOR A. RAMOS, Respondent.

57

Id. at 217-220.

58

Id. at 213-214.

A.C. No. 6677, June 10, 2014 - EUPROCINA I.

CRISOSTOMO, MARILYN L. SOLIS, EVELYN MARQUIZO,
ROSEMARIE BALATUCAN, MILDRED BATANG, MARILEN
MINERALES,
AND
MELINDA
D.
SIOTING,
COMPLAINANTS, VS. ATTY. PHILIP Z. A. NAZARENO,
Respondent.

59

Id. at 215-216.

60

Id. at 224-227.

A.M. No. RTJ-13-2356 [Formerly OCA No. IPI-113701-RTJ], June 09, 2014 - ARGEL D. HERNANDEZ,
Complainant, v. JUDGE VICTOR C. GELLA, PRESIDING
JUDGE, CLARINCE B. JINTALAN, LEGAL RESEARCHER,
AND ROWENA B. JINTALAN, SHERIFF IV, ALL FROM
THE REGIONAL TRIAL COURT, BRANCH 52, SORSOGON
CITY, Respondent.

62

G.R. No. 200793, June 04, 2014 - PEOPLE OF THE

PHILIPPINES, Plaintiff-Appellee, v. MILAN ROXAS Y
AGUILUZ, Accused-Appellant.
G.R. No. 194560, June 11, 2014 - NESTOR T.
GADRINAB, Petitioner, v. NORA T. SALAMANCA,
ANTONIO TALAO, AND ELENA LOPEZ, Respondent.
G.R. No. 199283, June 09, 2014 - JULIET VITUG
MADARANG AND ROMEO BARTOLOME, REPRESENTED
BY HIS ATTORNEYS-IN-FACT AND ACTING IN THEIR
PERSONAL
CAPACITIES,
RODOLFO
AND
RUBY
BARTOLOME, Petitioners, v. SPOUSES JESUS D.
MORALES AND CAROLINA N. MORALES, Respondent.

G.R. No. 200148, June 04, 2014 - RAMON A.

SYHUNLIONG, Petitioner, v. TERESITA D. RIVERA,
Respondent.
G.R. No. 207664, June 25, 2014 - PEOPLE OF THE
PHILIPPINES, Plaintiff-Appellee, v. GIL SALVIDAR Y
GARLAN, Accused-Appellant.
G.R. No. 183589, June 25, 2014 - CHARLIE LIM

61Rollo,

A.M. No. RTJ-06-2000, pp. 2-11.

Id. at 3-6 and 8-10.

63

SEC. 4. Hearing of motion. Except for motions which the court may act upon without
prejudicing the rights of the adverse party, every written motion shall be set for hearing
by the applicant.
Every written motion required to be heard and the notice of the hearing thereof shall be
served in such a manner as to ensure its receipt by the other party at least three (3) days
before the date of hearing, unless the court for good cause sets the hearing on shorter
notice.
64

SEC. 5. Notice of hearing. The notice of hearing shall be addressed to all parties
concerned, and shall specify the time and date of the hearing which must not be later
than ten (10) days after the filing of the motion.

(REPRESENTED BY HIS HEIRS) AND LILIA SALANGUIT,

Petitioners,
v.
SPOUSES
DANILO
LIGON
AND
GENEROSA VITUG-LIGON, Respondent.
G.R. No. 180147, June 04, 2014 - SARA LEE
PHILIPPINES, INC., Petitioner, v. EMILINDA D.
MACATLANG, ET AL.,1 Respondents.; G.R. No. 180148 ARIS PHILIPPINES, INC., Petitioner, v. EMILINDA D.
MACATLANG, ET AL., Respondents.; G.R. No. 180149 SARA LEE CORPORATION, Petitioner, v. EMILINDA D.
MACATLANG, ET AL., Respondents.; G.R. No. 180150 CESAR
C.
CRUZ,
Petitioner,
v.
EMILINDA
D.
MACATLANG, ET AL., Respondents.; G.R. No. 180319 FASHION ACCESSORIES PHILS., INC., Petitioner, v.
EMILINDA D. MACATLANG, ET AL., Respondents.; G.R.
No. 180685 - EMILINDA D. MACATLANG, ET AL.,
Petitioners, v. NLRC, ARIS PHILIPPINES, INC.,
FASHION ACCESSORIES PHILS., INC., SARA LEE
CORPORATION, SARA LEE PHILIPPINES, INC., COLLIN
BEAL AND ATTY. CESAR C. CRUZ, Respondents.

65

SEC. 6. Proof of service necessary. No written motion set for hearing shall be acted
upon by the court without proof of service thereof.
66Rollo,
67

Id. at 37-38.

68

Id.

69

Id. at 130-134.

70

Id. at 133.

71

Id. at 133-134.

72

Id.

73

Id. at 134.

G.R. No. 193478, June 23, 2014 - PEOPLE OF THE

PHILIPPINES, Plaintiff-Appellee, v. RODOLFO P.
FERNANDEZ, NELSON E. TOBIAS, AND FRANK R. BAAY,
ACCUSED, NELSON E. TOBIAS, Accused-Appellant.

74Rollo,

B.M. No. 2713, June 10, 2014 - ATTY. AILEEN R.

MAGLANA, Complainant, v. ATTY. JOSE VICENTE R.
OPINION, Respondent.

76

G.R. No. 207176, June 18, 2014 - SPOUSES VICTOR

AND EDNA BINUA, Petitioners, v. LUCIA P. ONG,
Respondent.
G.R. No. 181676, June 11, 2014 - ASIAN
CONSTRUCTION AND DEVELOPMENT CORPORATION,
Petitioner, v. SANNAEDLE CO., LTD., Respondent.
G.R. No. 181459, June 09, 2014 - COMMISSIONER OF
INTERNAL REVENUE, Petitioner, v. MANILA ELECTRIC
COMPANY (MERALCO), Respondent.
G.R. No. 200491, June 09, 2014 - KASAMAKACANLUBANG, INC., REPRESENTED BY PABLITO M.
EGILDO, Petitioner, v. LAGUNA ESTATE DEVELOPMENT
CORPORATION, Respondent.
G.R. No. 166018, June 04, 2014 - THE HONGKONG
AND SHANGHAI BANKING CORPORATION LIMITEDPHILIPPINE BRANCHES, Petitioner, v. COMMISSIONER
OF INTERNAL REVENUE, Respondent.; G.R. NO. 167728
THE
HONGKONG
AND
SHANGHAI
BANKING
CORPORATION
LIMITED-PHILIPPINE
BRANCHES,
Petitioner, v. COMMISSIONER OF INTERNAL REVENUE,
Respondent.
A.M. No. RTJ-14-2388 [Formerly OCA IPI No. 103554-RTJ], June 10, 2014 - EMILIE SISON-BARIAS,
Complainant, v. JUDGE MARINO E. RUBIA, REGIONAL
TRIAL COURT [RTC], BRANCH 24, BIAN, LAGUNA AND
EILEEN A. PECAA, DATA ENCODER II, RTC, OFFICE OF
THE CLERK OF COURT, BIAN, LAGUNA, Respondent.
G.R. No. 187843, June 09, 2014 - CAPITOL SAWMILL
CORPORATION AND COLUMBIA WOOD INDUSTRIES
CORPORATION, Petitioners, v. CONCEPCION CHUA
GAW, ANGELO CHUA GAW, JOHN BARRY CHUA GAW,
LEONARD BRANDON CHUA GAW AND JULITA C. CHUA,
Respondents.
G.R. No. 196950, June 18, 2014 - HELEN E. CABLING,
ASSISTED BY HER HUSBAND ARIEL CABLING,
Petitioner,
v.
JOSELIN
TAN
LUMAPAS,
AS
REPRESENTED BY NORY ABELLANES, Respondent.
G.R. No. 206806, June 25, 2014 - ARCO PULP AND
PAPER CO., INC. AND CANDIDA A. SANTOS, Petitioners,
v. DAN T. LIM, DOING BUSINESS UNDER THE NAME
AND STYLE OF QUALITY PAPERS & PLASTIC PRODUCTS
ENTERPRISES, Respondent.

A.M. No. RTJ-06-2000, pp. 6-10.

75Sps.

G.R. No. 179914, p. 161.

Landrito, Jr. v. Court of Appeals, 503 Phil. 723, 732-733 (2005).

Section 7 of Act No. 3135, as amended by Act No. 4118, provides:

Sec. 7. Possession during redemption period. In any sale made under the provisions of
this Act, the purchaser may petition the Court of First Instance of the province or place
where the property or any part thereof is situated, to give him possession thereof during
the redemption period, furnishing bond in an amount equivalent to the use of the property
for a period of twelve months, to indemnify the debtor in case it be shown that the sale
was made without violating the mortgage or without complying with the requirements of
this Act. Such petition shall be made under oath and filed in form of an ex parte motion in
the registration or cadastral proceedings if the property is registered, or in special
proceedings in the case of property registered under the Mortgage Law or under section
one hundred and ninety-four of the Administrative Code, or of any other real property
encumbered with a mortgage duly registered in the office of any register of deeds in
accordance with any existing law, and in each case the clerk of the court shall, upon the
filing of such petition, collect the fees specified in paragraph eleven of section one
hundred and fourteen of Act Numbered Four hundred and ninety-six, as amended by Act
Numbered Twenty-eight hundred and sixty-six, and the court shall, upon approval of the
bond, order that a writ of possession issue, addressed to the sheriff of the province in
which the property is situated, who shall execute said order immediately.
77Nagtalon

615, 624.
78

Id.

79Tolosa

148.
80

v. United Coconut Planters Bank, G.R. No. 172504, July 31, 2013, 702 SCRA

v. United Coconut Planters Bank, G.R. No. 183058, April 3, 2013, 695 SCRA 138,

Id. at 148-149.

81Cometa

v. Intermediate Appellate Court, 235 Phil. 569 (1987); Barican v. Intermediate

Appellate Court, 245 Phil. 316 (1988); and Sulit v. Court of Appeals, 335 Phil. 914
(1997).
82Philippine

National Construction Corporation v. National Labor Relations Commission,

354 Phil. 274, 281 (1998).
83Lilia

v. Judge Fanual, 423 Phil. 443, 451 (2001); Ogka Benito v. Judge Balindong, 599
Phil. 196, 201 (2009).
84Atty.

Court.

Gomos v. Judge Adiong, 484 Phil. 116, 126-127; Sec. 11, Rule 140, Rules of

85Application

for Disability Retirement under R.A. No. 910 as amended by RA 5095 and
PD 1438 of Judge Rolando S. Venadas, Sr., Regional Trial Court, Branch 9, Malaybalay,
Bukidnon.

G.R. No. 190253, June 11, 2014 - JUAN TRAJANO

A.K.A. JOHNNY TRAJANO, Petitioner, v. UNIWIDE
SALES WAREHOUSE CLUB, Respondent.

Respondent
Law GR
Court Cases The Judge
The Judge Law Labor

G.R. No. 183994, June 30, 2014 - WILLIAM CO A.K.A.

XU QUING HE, Petitioner, v. NEW PROSPERITY PLASTIC
PRODUCTS,
REPRESENTED
BY
ELIZABETH
UY,
Respondent.

G.R. No. 159031, June 23, 2014 - NOEL A. LASANAS,

Petitioner,
v.
PEOPLE
OF
THE
PHILIPPINES,
Respondent.
G.R. No. 195598, June 25, 2014 - TEEKAY SHIPPING

GR VS
Law Labor
Are Law

Digest GR
Are Law
New Law

Back to Home | Back to Main

G.R. No. 208678, June 16, 2014 - PEOPLE OF THE

PHILIPPINES,
Plaintiff-Appellee,
v.
JEFFERSON
WARRINER Y NICDAO, Accused-Appellant.
G.R. No. 186657, June 11, 2014 - DOMINGA B.
QUITO, Petitioner, v. STOP & SAVE CORPORATION, AS
REPRESENTED BY GREGORY DAVID DICKENSON, AS
ITS CHAIRMAN, AND JULIETA BUAN-DICKENSON, AS
ITS
PRESIDENT,
ROBERTO
BUAN,
HENRY
CO,
ANGELINA LUMOTAN, RODEL PINEDA AND ROSE
CALMA, Respondents.

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PHILIPPINES, INC., TEEKAY SHIPPING LIMITED AND

ALEX VERCHEZ, Petitioners, v. EXEQUIEL O. JARIN,
Respondent.
G.R. No. 190177, June 11, 2014 - PEOPLE OF THE
PHILIPPINES, Plaintiff-Appellee, v. VIVIAN BULOTANO
Y AMANTE, Accused-Appellant.
A.C. No. 9976 [Formerly CBD Case No. 09-2539],
June 25, 2014 - ALMIRA C. FORONDA, Complainant, v.
ATTY. JOSE L. ALVAREZ, JR., Respondent.

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G.R. No. 179962, June 11, 2014 - DR. JOEL C.

MENDEZ, Petitioner, v. PEOPLE OF THE PHILIPPINES
AND COURT OF TAX APPEALS, Respondents.
G.R. No. 195668, June 25, 2014 - PEOPLE OF THE
PHILIPPINES, Plaintiff-Appellee, v. MA. HARLETA
VELASCO Y BRIONES, MARICAR B. INOVERO, MARISSA
DIALA, AND BERNA M. PAULINO, Accused, MARICAR B.
INOVERO, Accused-Appellant.
G.R. No. 207774, June 30, 2014 - PEOPLE OF THE
PHILIPPINES, Plaintiff-Appellee, v. CARLOS ALHAMBRA
Y MASING, Accused-Appellant.
G.R. No. 183448, June 30, 2014 - SPOUSES
DOMINADOR
PERALTA
AND
OFELIA
PERALTA,
Petitioners, v. HEIRS OF BERNARDINA ABALON,
REPRESENTED BY MANSUETO ABALON, Respondents.;
G. R. No. 183464 - HEIRS OF BERNARDINA ABALON,
REPRESENTED BY MANSUETO ABALON, Petitioners, v.
MARISSA ANDAL, LEONIL ANDAL, ARNEL ANDAL,
SPOUSES DOMINDOR PERALTA AND OFELIA PERALTA,
AND HEIRS OF RESTITUTO RELLAMA, REPRESENTED BY
HIS CHILDREN ALEX, IMMANUEL, JULIUS AND SYLVIA,
ALL SURNAMED RELLAMA, Respondents.
G.R. No. 177425, June 18, 2014 - ALONZO GIPA,
IMELDA MAROLLANO, JUANITO LUDOVICE, VIRGILIO
GOJIT, DEMAR BITANGCOR, FELIPE MONTALBAN AND
DAISY M. PLACER, Petitioners, v. SOUTHERN LUZON
INSTITUTE AS REPRESENTED BY ITS VICE-PRESIDENT
FOR OPERATIONS AND CORPORATE SECRETARY,
RUBEN G. ASUNCION, Respondent.
G.R. No. 210252, June 25, 2014 - VILMA QUINTOS,
REPRESENTED BY HER ATTORNEY-IN-FACT FIDEL I.
QUINTOS, JR.; FLORENCIA I. DANCEL, REPRESENTED
BY HER ATTORNEY-IN-FACT FLOVY I. DANCEL; AND
CATALINO L. IBARRA, Petitioners, v. PELAGIA I.
NICOLAS, NOLI L. IBARRA, SANTIAGO L. IBARRA,
PEDRO L. IBARRA, DAVID L. IBARRA, GILBERTO L.
IBARRA, HEIRS OF AUGUSTO L. IBARRA, NAMELY
CONCHITA R., IBARRA, APOLONIO IBARRA, AND
NARCISO
IBARRA,
AND
THE
SPOUSES
RECTO
CANDELARIO
AND
ROSEMARIE
CANDELARIO,
Respondents.
G.R. No. 206716, June 18, 2014 - RUBEN C. JORDAN,
Petitioner, v. GRANDEUR SECURITY & SERVICES, INC.,
Respondent.
G.R. No. 208678, June 16, 2014 - PEOPLE OF THE
PHILIPPINES,
Plaintiff-Appellee,
v.
JEFFERSON
WARRINER Y NICDAO, Accused-Appellant.
G.R.
No.
163055,
June
11,
2014
THE
COMMISSIONER OF CUSTOMS & THE DISTRICT
COLLECTOR OF CUSTOMS FOR THE PORT OF ILOILO,
Petitioners, v. NEW FRONTIER SUGAR CORPORATION,
Respondent.
G.R. No. 202996, June 18, 2014 - MARLO A.
DEOFERIO,
Petitioner,
v.
INTEL
TECHNOLOGY
PHILIPPINES,
INC.
AND/OR
MIKE
WENTLING,
Respondents.
G.R. No. 156208, June 30, 2014 - NPC DRIVERS AND
MECHANICS ASSOCIATION (NPC DAMA), represented
by its President ROGER S. SAN JUAN, SR., NPC
EMPLOYEES & WORKERS UNION (NEWU) - NORTHERN
LUZON, REGIONAL CENTER, represented by its Regional
President JIMMY D. SALMAN, in their own individual
capacities and in behalf of the members of the
associations and all affected officers and employees of
National Power Corporation (NPC), ZOL D. MEDINA,
NARCISO M. MAGANTE, VICENTE B. CIRIO, JR., and
NECITAS B. CAMAMA, in their individual capacities as
employees of National Power Corporation, Petitioners,
v. THE NATIONAL POWER CORPORATION (NPC),
NATIONAL POWER BOARD OF DIRECTORS (NPB), JOSE
ISIDRO N. CAMACHO as Chairman of the National
Power Board of Directors (NPB), ROLANDO S. QUILALA,
as President - Officer-in-charge/CEO of National Power
Corporation and Member of National Power Board, and
VINCENT S. PEREZ, JR., EMILIA T. BONCODIN, MARIUS
P. CORPUS, RUBEN S. REINOSO, JR., GREGORY L.
DOMINGO, NIEVES L. OSORIO and POWER SECTOR
ASSETS and LIABILITIES MANAGEMENT (PSALM),
Respondents.
G.R. No. 189532, June 11, 2014 - VIRGINIA S. DIO
AND H.S. EQUITIES, LTD., Petitioners, v. SUBIC BAY
MARINE EXPLORATORIUM, INC., REPRESENTED BY ITS
CHAIRMAN AND CHIEF EXECUTIVE OFFICER, TIMOTHY

Main Indices of the Library --->

Go!

DESMOND, Respondents.
G.R. No. 190620, June 18, 2014 - PEOPLE OF THE
PHILIPPINES, Plaintiff-Appellee, v. HERMINIGILDO B.
TABAYAN, Accused-Appellant.
G.R. No. 203332, June 18, 2014 - FLORENCIO
LIBONGCOGON, FELIPE VILLAREAL AND ALFONSO
CLAUDIO, Petitioners, v. PHIMCO INDUSTRIES, INC.,
Respondent.
G.R. No. 207763, June 30, 2014 - PEOPLE OF THE
PHILIPPINES,
Plaintiff-Appellee,
v.
ROLANDO
RONDINA, Accused-Appellant.
A.M. No. P-11-3020 (Formerly OCA I.P.I. No. 103525-P), June 25, 2014 - PRESIDING JUDGE JUAN
GABRIEL HIZON ALANO, MARY ANNABELLE A.
KATIPUNAN, SUZEE WONG JAMOTILLO, ANALIE DEL
RIO BALITUNG, EDWINO JAYSON OLIVEROS AND
ROBERTO BABAO DOO, Complainants, v. PADMA
LATIP SAHI, COURT INTERPRETER I, MUNICIPAL
CIRCUIT TRIAL COURT (MCTC), MALUSO, BASILAN.
Respondent.
G.R. No. 160110, June 18, 2014 - MARIANO C.
MENDOZA AND ELVIRA LIM, Petitioners, v. SPOUSES
LEONORA J. GOMEZ AND GABRIEL V. GOMEZ,
Respondent.
G.R. No. 203984, June 18, 2014 - PEOPLE OF THE
PHILIPPINES,
Plaintiff-Appellee,
v.
MEDARIO
CALANTIAO Y DIMALANTA, Accused-Appellant.
G.R.
No.
173616,
June
25,
2014
AIR
TRANSPORTATION OFFICE (ATO), Petitioner, v. HON.
COURT OF APPEALS (NINETEENTH DIVISION) AND
BERNIE G. MIAQUE, Respondents.
G.R. No. 164961, June 30, 2014 - HECTOR L. UY,
Petitioner, v. VIRGINIA G. FULE; HEIRS OF THE LATE
AMADO A. GARCIA, NAMELY: AIDA C. GARCIA,
LOURDES G. SANTAYANA, AMANDO C. GARCIA, JR.,
MANUEL C. GARCIA, CARLOS C. GARCIA, AND CRISTINA
G. MARALIT; HEIRS OF THE LATE GLORIA GARCIA
ENCARNACION, NAMELY: MARVIC G. ENCARNACION,
IBARRA G. ENCARNACION, MORETO G. ENCARNACION,
JR., AND CARINA G. ENCARNACION; HEIRS OF THE
LATE PABLO GARCIA, NAMELY: BERMEDIO GARCIA,
CRISTETA GARCIA, NONORATO GARCIA, VICENTE
GARCIA, PABLO GARCIA, JR., AND TERESITA GARCIA;
HEIRS OF THE LATE ELISA G. HEMEDES, NAMELY: ROEL
G. HEMEDES, ELISA G. HEMEDES, ROGELIO G.
HEMEDES, ANDORA G. HEMEDES, AND FLORA G.
HEMEDES, Respondents.
G.R. No. 196228, June 04, 2014 - PEOPLE OF THE
PHILIPPINES,
Plaintiff-Appellee,
v.
RENATO
BESMONTE, Accused-Appellant.
G.R. No. 203086, June 11, 2014 - PEOPLE OF THE
PHILIPPINES, Appellee, v. JOSE DALAN Y PALDINGAN,
Appellant.
G.R. No. 208173, June 11, 2014 - PEOPLE OF THE
PHILIPPINES, Plaintiff-Appellee, v. OLIVER A. BUCLAO,
Accused-Appellant.
G.R. No. 162021, June 16, 2014 - MEGA MAGAZINE
PUBLICATIONS, INC., JERRY TIU, AND SARITA V. YAP,
Petitioners, v. MARGARET A. DEFENSOR, Respondent.
A.C. No. 3452, June 23, 2014 - HENRY SAMONTE,
Petitioner, v. ATTY. GINES ABELLANA, Respondent.
G.R. No. 192432, June 23, 2014 - PEOPLE OF THE
PHILIPPINES, Plaintiff-Appellee, v. LARRY MENDOZA Y
ESTRADA, Accused-Appellant.
G.R. No. 205543, June 30, 2014 - SAN ROQUE POWER
CORPORATION, Petitioner, v. COMMISSIONER OF
INTERNAL REVENUE, Respondent.
G.R. No. 160827, June 18, 2014 - NETLINK
COMPUTER INCORPORATED, Petitioner, v. ERIC DELMO,
Respondent.
G.R. No. 192861, June 30, 2014 - LINDA RANA,
Petitioner, v. TERESITA LEE WONG, SPS. SHIRLEY LEE
ONG AND RUBEN ANG ONG, REPRESENTED BY THEIR
ATTORNEY-IN-FACT WILSON UY, AND SPS. ROSARIO
AND WILSON UY, Respondents.; G.R. No. 192862 - SPS.
ROSARIO AND WILSON UY, WILSON UY AS ATTORNEYIN-FACT OF TERESITA LEE WONG, AND SPS. SHIRLEY
LEE ONG AND RUBEN ANG ONG, Petitioners, v. SPS.
REYNALDO AND LINDA RANA, Respondents.
G.R. No. 157163, June 25, 2014 - BANK OF THE
PHILIPPINE ISLANDS, Petitioner, v. HON. JUDGE
AGAPITO L. HONTANOSAS, JR., REGIONAL TRIAL
COURT, BRANCH 16, CEBU CITY, SILVERIO BORBON,
SPOUSES XERXES AND ERLINDA FACULTAD, AND XM
FACULTAD
&
DEVELOPMENT
CORPORATION,
Respondents.

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