May 2010 Philippine Supreme Court Decisions on Remedial Law

Here are selected May 2010 rulings of the Supreme Court of the Philippines on remedial law:

Civil Procedure

Appeal; direct appeal to Supreme Court from trial court decision improper.  Records show that on December 13, 2004, the trial court rendered a Decision finding that petitioner can execute judgment on the additional attorney’s fees but only up to the extent of P1,000,000.00, not the entire amount of P20,000,000.00 as prayed for in his petition.  Petitioner received a copy of the assailed decision on December 22, 2004.  Petitioner moved for reconsideration on December 29, 2004, but the same was denied in the trial court’s Order dated March 1, 2005.  Petitioner received a copy of the challenged order on March 7, 2005.  On March 17, 2005, instead of appealing the assailed decision and order of the trial court to the Court of Appeals via a notice of appeal under Section 2(a) of Rule 41 of the Rules, petitioner filed a petition for review on certiorari directly with this Court, stating that the trial court acted with grave abuse of discretion amounting to an excess of jurisdiction, and that there is no appeal, or any plain, speedy and adequate remedy available in the ordinary course of law.  This is a procedural misstep.  Although denominated as petition for review on certiorari under Rule 45, petitioner, in questioning the decision and order of the trial court which were rendered in the exercise of its original jurisdiction, should have taken the appeal to the Court of Appeals within fifteen (15) days from notice of the trial court’s March 1, 2005 Order, i.e., within 15 days counted from March 7, 2005 (date of receipt of the appealed order), or until March 22, 2005, by filing a notice of appeal with the trial court which rendered the decision and order appealed from and serving copies thereof upon the adverse party pursuant to Sections 2(a) and 3 of Rule 41.  Clearly, when petitioner sought to assail the decision and order of the trial court, an appeal to the Court of Appeals was the adequate remedy which he should have availed of, instead of filing a petition directly with this Court.  Hicoblo M. Catly (deceased), subtituted by his wife, Lourdes A. Catly vs. William Navarro, et al., G.R. No. 167239, May 5, 2010

Appeal; failure to properly indicate appealing party; ground for dismissal.  With respect to the first case against Marcelina, we resolve to dismiss the appeal of Felisa.  Section 5 of Rule 45 provides that the failure of the petitioner to comply, among others, with the contents of the petition for review on certiorari shall be sufficient ground for the dismissal thereof.  Section 4 of the same rule mandates, among others, that the petition should state the full name of the appealing party as the petitioner.  In this case, Felisa indicated in the caption as well as in the parties portion of the petition that she is the landowner.  Even in the verification and certification of non-forum shopping, Felisa attested that she is the petitioner in the instant case.  However, it appears in the PARAD records that the owners of the subject 14,000-square meter agricultural land are Rosa R. Pajarito (Pajarito), Elvira A. Madolora (Madolora) and Anastacia F. Lagado (Lagado).  Felisa is only the representative of the said landowners with respect to the first case against Marcelina.  Thus, for failure of Felisa to indicate the appealing party with respect to the said case, the appeal must perforce be dismissed.  However, such failure does not affect the appeal on the other three cases as Felisa is the owner/co-owner of the landholdings subject of said three cases.  Felisa Ferrer vs. Domingo Carganillo, et al., G.R. No. 170956, May 12, 2010

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January 2010 Philippine Supreme Court Decisions on Remedial Law

Here are selected January 2010 rulings of the Supreme Court of the Philippines on remedial law:

Civil Procedure

Appeal; factual findings of administrative agencies. We stress the settled rule that the findings of fact of administrative bodies, such as the SEC, will not be interfered with by the courts in the absence of grave abuse of discretion on the part of said agencies, or unless the aforementioned findings are not supported by substantial evidence.  These factual findings carry even more weight when affirmed by the CA.  They are accorded not only great respect but even finality, and are binding upon this Court, unless it is shown that the administrative body had arbitrarily disregarded or misapprehended evidence before it to such an extent as to compel a contrary conclusion had such evidence been properly appreciated.  By reason of the special knowledge and expertise of administrative agencies over matters falling under their jurisdiction, they are in a better position to pass judgment thereon. A review of the petition does not show any reversible error committed by the appellate court; hence, the petition must be denied.  Petitioner failed to present any argument that would convince the Court that the SEC and the CA made any misappreciation of the facts and the applicable laws such that their decisions should be overturned. Catmon Sales International Corporation vs. Atty. Manuel D. Yngson, Jr. as Liquidator of Catmon Sales International Corporation, G.R. No. 179761, January 15, 2010.

Appeal; factual findings of administrative agencies. No matter how hard it tries to learn the technical intricacies of certain highly regulated human activities, the Supreme Court will always be inadequately equipped to identify the facts that matter when resolving issues involving such activities.  Invariably, the Court must respect the factual findings of administrative agencies which have expertise on matters that fall within their jurisdiction.  Here, since the HLURB has the expertise in applying zonal classifications on specific properties and since petitioner GEA fails to make out a clear case that it has erred, the Court must rely on its finding that respondent EGI’s land site does not, for the purpose of applying height restrictions, adjoin an R-1 zone. Greenhills East Association, Inc. vs. E. Ganzon, Inc., G.R. No. 169741, January 22, 2010.

Appeal; factual findings of lower courts. In the case at bench, the issues raised by the petitioners are essentially factual matters, the determination of which are best left to the courts below.  Well-settled is the rule that the Supreme Court is not a trier of facts.  Factual findings of the lower courts are entitled to great weight and respect on appeal, and in fact accorded finality when supported by substantial evidence on the record. Substantial evidence is more than a mere scintilla of evidence.  It is that amount of relevant evidence that a reasonable mind might accept as adequate to support a conclusion, even if other minds, equally reasonable, might conceivably opine otherwise.  But to erase any doubt on the correctness of the assailed ruling, we have carefully perused the records and, nonetheless, arrived at the same conclusion.  We find that there is substantial evidence on record to support the Court of Appeals and trial court’s conclusion that the signatures of Julian and Guillerma in the Deed of Absolute Sale were forged. Spouses Patricio and Myrna Bernales vs. Heirs of Julian Sambaan, et al., G.R. No. 163271, January 15, 2010.

Appeal; factual findings of lower courts. Conclusions and findings of fact by the trial court are entitled to great weight on appeal and should not be disturbed unless for strong and cogent reasons because the trial court is in a better position to examine real evidence, as well as to observe the demeanor of the witnesses while testifying in the case.  The fact that the CA adopted the findings of fact of the trial court makes the same binding upon this court.  In Philippine Airlines, Inc. v. Court of Appeals, we held that factual findings of the CA which are supported by substantial evidence are binding, final and conclusive upon the Supreme Court.  A departure from this rule may be warranted where the findings of fact of the CA are contrary to the findings and conclusions of the trial court, or when the same is unsupported by the evidence on record.  There is no ground to apply the exception in the instant case, however, because the findings and conclusions of the CA are in full accord with those of the trial court. Spouses Patricio and Myrna Bernales v. Heirs of Julian Sambaan, et al., G.R. No. 163271, January 15, 2010.

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December 2009 Philippine Supreme Court Decisions on Remedial Law

Here are selected December 2009 rulings of the Supreme Court of the Philippines on remedial law:

Civil Procedure

Appeal;  certiorari. The proper remedy of a party aggrieved by a decision of the Court of Appeals is a petition for review under Rule 45, which is not similar to a petition for certiorari under Rule 65 of the Rules of Court. As provided in Rule 45 of the Rules of Court, decisions, final orders or resolutions of the Court of Appeals in any case, i.e., regardless of the nature of the action or proceedings involved, may be appealed to this Court by filing a petition for review, which would be but a continuation of the appellate process over the original case. On the other hand, a special civil action under Rule 65 is an independent action based on the specific grounds therein provided and, as a general rule, cannot be availed of as a substitute for the lost remedy of an ordinary appeal, including that under Rule 45.  Santiago Cua, Jr., et al. vs. Miguel Ocampo Tan, et al./Santiago Cua,  Sr., et al. vs. Court of Appeals, et  al.G.R. No. 181455-56/G.R. No. 182008, December 4, 2009.

Appeal; decision of RTC acting in exercise of its appellate jurisdiction. In the case at bar, it is clear that when the case was appealed to the RTC, the latter took cognizance of the case in the exercise of its appellate jurisdiction, not its original jurisdiction. Hence, any further appeal from the RTC Decision must conform to the provisions of the Rules of Court dealing with said matter. It is apparent that petitioner has availed itself of the wrong remedy. Since the RTC tried the case in the exercise of its appellate jurisdiction, petitioner should have filed a petition for review under Rule 42 of the Rules of Court, instead of an ordinary appeal under Rule 41. The law is clear in this respect. Barangay Sangalang, represented by its Chairman Dante C.  Marcellana vs. Barangay Maguihan, represented by its Chairman Arnulfo VillarezG.R. No. 159792, December 23, 2009.

Appeal;  failure to pay docket fees. The Order denying petitioner’s motion for reconsideration was silent as to the issue of the non-payment of docket fees; however, this Court deems that the RTC must have accepted the explanation given by respondent, otherwise, said court would have dismissed the appeal and reconsidered its decision. The failure to pay docket fees does not automatically result in the dismissal of an appeal, it being discretionary on the part of the appellate court to give it due course or not. This Court will then not interfere with matters addressed to the sound discretion of the RTC in the absence of proof that the exercise of such discretion was tainted with bias or prejudice, or made without due circumspection of the attendant circumstances of the case. Barangay Sangalang, represented by its Chairman Dante C.  Marcellana vs. Barangay Maguihan, represented by its Chairman Arnulfo VillarezG.R. No. 159792, December 23, 2009.

Appeal; findings of fact. As a rule, the findings of fact of the trial court when affirmed by the CA are final and conclusive on, and cannot be reviewed on appeal by, this Court as long as they are borne out by the records or are based on substantial evidence. The Court is not a trier of facts, its jurisdiction being limited to reviewing only errors of law that may have been committed by the lower courts. Republic of the Philippines vs. Ignacio Leonor and Catalino RazonG.R. No. 161424, December 23, 2009.

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August 2009 Philippine Supreme Court Decisions on Remedial Law, Criminal Law and Legal/Judicial Ethics

Here are selected August 2009 Philippine Supreme Court decisions on remedial law, criminal law and legal/judicial ethics.

Remedial Law

Action;  accion publiciana.  Accion publiciana, also known as accion plenaria de posesion, is an ordinary civil proceeding to determine the better right of possession of realty independently of title. It refers to an ejectment suit filed after the expiration of one year from the accrual of the cause of action or from the unlawful withholding of possession of the realty.

The objective of the plaintiffs in accion publiciana is to recover possession only, not ownership. However, where the parties raise the issue of ownership, the courts may pass upon the issue to determine who between or among the parties has the right to possess the property. This adjudication, however, is not a final and binding determination of the issue of ownership; it is only for the purpose of resolving the issue of possession, where the issue of ownership is inseparably linked to the issue of possession. The adjudication of the issue of ownership, being provisional, is not a bar to an action between the same parties involving title to the property. The adjudication, in short, is not conclusive on the issue of ownership. Francisco Madrid and Edgardo Bernardo vs. Spouses Bonifacio Mapoy and Felicidad Martinez, G.R. No. 150887, August 14, 2009.

Action;  filing fees. Upon deeper reflection, we find that the movants’ claim has merit. The 600,000 shares of stock were, indeed, properties in litigation. They were the subject matter of the complaint, and the relief prayed for entailed the nullification of the transfer thereof and their return to LLDC. David, et al., are minority shareholders of the corporation who claim to have been prejudiced by the sale of the shares of stock to the Lu Ym father and sons. Thus, to the extent of the damage or injury they allegedly have suffered from this sale of the shares of stock, the action they filed can be characterized as one capable of pecuniary estimation. The shares of stock have a definite value, which was declared by plaintiffs themselves in their complaint. Accordingly, the docket fees should have been computed based on this amount. This is clear from the version of Rule 141, Section 7 in effect at the time the complaint was filed. David Lu Vs. Paterno Lu Ym, Sr., et al./Paterno Lu Ym, Sr., et al. Vs. David Lu/ John Lu Ym and Ludo & Luym Development Corporation Vs. The Hon. Court of Appeals of Cebu City (former twentieth division), et al., G.R. No. 153690/G.R. No. 157381/G.R. No. 170889, August 4, 2009.

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June 2009 Philippine Supreme Court Decisions on Remedial Law, Legal/Judicial Ethics and Criminal Law

Here are selected June 2009 Philippine Supreme Court decisions on  remedial law, legal/judicial ethics and criminal law.

Remedial Law

Actions;  quasi in rem. The petition for cancellation of entries annotated at the back of OCT No. 40287 ought to have been directed against specific persons: namely, the heirs of Juan Soriano as appearing in Entry No. 20102 and, indubitably, against their successors-in-interest who have acquired different portions of the property over the years because it is in the nature of an action quasi in rem. Accordingly, the Salazars should have impleaded as party defendants the heirs of Juan Soriano and/or Vicenta Macaraeg as well as those claiming ownership over the property under their names because they are indispensable parties. This was not done in this case. Since no indispensable party was  ever impleaded by the Salazars in their petition for cancellation of entry filed before Branch 63 of the RTC of Tarlac, herein petitioners are not bound by the dispositions of the said court. Consequently, the judgment or order of the said court never even acquired finality. Zenaida Acosta, et al. vs. Trinidad Salazar, et al., G.R. No. 161034.  June 30, 2009

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March 2009 Decisions on Remedial Law

Here are selected March 2009 decisions of the Supreme Court on remedial law:

Appeal;  failure to file brief.  In a long line of cases, the Supreme Court has held that the authority of the Court of Appeals to dismiss an appeal for failure to file the appellant’s brief is a matter of judicial discretion. Thus, a dismissal based on this ground is neither mandatory nor ministerial; the fundamentals of justice and fairness must be observed, bearing in mind the background and web of circumstances surrounding the case.  In the present case, the petitioner blames its former handling lawyer for failing to file the appellant’s brief on time. This lawyer was allegedly transferring to another law office at the time the appellant’s brief was due to be filed. In his excitement to transfer to his new firm, he forgot about the appeal and the scheduled deadline; he likewise forgot his responsibility to endorse the case to another lawyer in the law office.  Under the circumstances of this case, the Supreme Court held the failure to file the appeal brief inexcusable.  Bachrach Corporation vs. Philippine Ports Authority, G.R. 159915, March 12, 2009.

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