8/8/2019 G.R. No. 190286, January 11, 2018 - RAMON E. REYES AND CLARA R. PASTOR, Petitioners, v.

ers, v. BANCOM DEVELOPMENT CORP., Respondent. …

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Philippine Supreme Court Jurisprudence > Year 2018 > January 2018 Decisions > G.R. No. 190286, January 11,
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G.R. No. 190286, January 11, 2018 - RAMON E. REYES AND CLARA R. PASTOR, Petitioners, v. BANCOM
DEVELOPMENT CORP., Respondent.

ChanRobles On-Line Bar Review

FIRST DIVISION

G.R. No. 190286, January 11, 2018

RAMON E. REYES AND CLARA R. PASTOR, Petitioners, v. BANCOM DEVELOPMENT CORP.,

Respondent.

D E C I S I O N

SERENO, C.J .:

Before this Court is a Petition for Review on Certiorari1 filed by Ramon E. Reyes and Clara R. Pastor
seeking to reverse the Decision2 and the Resolution3 of the Court of Appeals (CA) in CA-G.R. CV No.
45959. The CA affirmed the ruling of the Regional Trial Court (RTC) holding petitioners jointly and
severally liable to respondent Bancom Development Corporation (Bancom) as guarantors of certain loans
obtained by Marbella Realty, Inc. (Marbella).

FACTS

The dispute in this case originated from a Continuing Guaranty4 executed in favor of respondent Bancom
by Angel E. Reyes, Sr., Florencio Reyes, Jr., Rosario R. Du, Olivia Arevalo, and the two petitioners herein,
Ramon E. Reyes and Clara R. Pastor (the Reyes Group). In the instrument, the Reyes Group agreed to
DebtKollect Company, Inc. guarantee the full and due payment of obligations incurred by Marbella under an Underwriting Agreement
with Bancom. These obligations included certain Promissory Notes5 issued by Marbella in favor of Bancom
on 24 May 1979 for the aggregate amount of P2,828,140.32.

It appears from the records that Marbella was unable to pay back the notes at the time of their maturity.
Consequently, it issued a set of replacement Promissory Notes6 on 22 August 1979, this time for the
increased amount of P2,901,466.48. It again defaulted on the payment of this second set of notes,
leading to the execution of a third set7 for the total amount of P3,002,333.84, and finally a fourth set8 for
the same amount.

Because of Marbella's continued failure to pay back the loan despite repeated demands, Bancom filed a
Complaint for Sum of Money with a prayer for damages before the RTC of Makati on 7 July 1981.9 The
case, which sought payment of the total sum of P4,300,247.35, was instituted against (a) Marbella as
principal debtor; and (b) the individuals comprising the Reyes Group as guarantors of the loan.

In their defense, Marbella and the Reyes Group argued that they had been forced to execute the
Promissory Notes and the Continuing Guaranty against their will.10 They also alleged that the foregoing
instruments should be interpreted in relation to earlier contracts pertaining to the development of a
condominium project known as Marbella II.11
ChanRobles Intellectual Property The Marbella II contracts were entered into by Bancom; the Reyes Group, as owners of the parcel of land
Division to be utilized for the condominium project along Roxas Boulevard; and Fereit Realty Development
Corporation (Fereit), a sister company of Bancom, as the construction developer and project manager.12

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8/8/2019 G.R. No. 190286, January 11, 2018 - RAMON E. REYES AND CLARA R. PASTOR, Petitioners, v. BANCOM DEVELOPMENT CORP., Respondent. …
January-2018 Jurisprudence                  thereby making its authority to represent the corporation subject to doubt.24
G.R. No. 190817, January 10, 2018 - REPUBLIC OF
THE PHILIPPINES, Petitioner, v. ROVENCY REALTY
AND DEVELOPMENT CORPORATION, Respondent.
G.R. Nos. 230429-30, January 24, 2018 - LARA'S
GIFT AND DECORS, INC., Petitioner, v. PNB GENERAL
INSURERS CO., INC. AND UCPB GENERAL INSURANCE
CO., INC., Respondents.
G.R. No. 195614, January 10, 2018 - DIGITAL
TELECOMMUNICATIONS PHILS., INC./JOHN
GOKONGWEI, JR., Petitioner, v. NEILSON M.
AYAPANA, Respondent.
A.M. No. P-09-2633, January 30, 2018 - OFFICE OF
THE COURT ADMINISTRATOR, Complainant, v.
ROLANDO C. TOMAS AND ANGELINA C. RILLORTA,
FORMER OFFICERS-IN-CHARGE, REGIONAL TRIAL
COURT, SANTIAGO CITY, ISABELA, Respondent.; A.M.
No. RTJ-12-2338, January 30, 2018 - ANGELINA C.
RILLORTA, Complainant, v. JUDGE FE A. MADRID,
REGIONAL TRIAL COURT, BRANCH 21, SANTIAGO
CITY, ISABELA, Respondent.
G.R. No. 218427, January 31, 2018 - PEOPLE OF
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CHAVEZ, Accused-Appellant.
G.R. No. 225176, January 19, 2018 - ESMERALDO
GATCHALIAN, DULY REPRESENTED BY SAMUEL
GATCHALIAN, Petitioner, v. CESAR FLORES, JOSE
LUIS ARANETA, CORAZON QUING, AND CYNTHIA
FLORES, Respondents.
G.R. No. 218245, January 17, 2018 - PEOPLE OF
THE PHILIPPINES, Plaintiff-Appellee, v. JESUS
EMPUESTO Y SOCATRE, Accused-Appellant.
G.R. No. 223142, January 17, 2018 - PEOPLE OF
THE PHILIPPINES, Plaintiff-Appellee, v. ROLANDO
SANTOS Y ZARAGOZA, Accused-Appellant.
G.R. No. 196598, January 17, 2018 - EDITHA B.
ALBOR, Petitioner, v. COURT OF APPEALS, NERVA
MACASIL JOINED BY HER HUSBAND RUDY MACASIL
AND NORMA BELUSO, JOINED BY HER HUSBAND
NOLI BELUSO, Respondents.
G.R. No. 217026, January 22, 2018 - PEOPLE OF
THE PHILIPPINES, Plaintiff-Appellee, v. LAWRENCE
GAJO Y BUENAFE AND RICO GAJO Y BUENAFE,
Accused-Appellants.
G.R. No. 199527, January 10, 2018 - PEOPLE OF
THE PHILIPPINES, THRU PRIVATE COMPLAINANT
BRIAN VICTOR BRITCHFORD, Petitioner, v.
SALVADOR ALAPAN, Respondent.
G.R. No. 233395, January 17, 2018 - NORLINA G.
SIBAYAN, Petitioner, v. ELIZABETH O. ALDA,
THROUGH HER ATTORNEY-IN-FACT, RUBY O. ALDA,
Respondent.
G.R. No. 219435, January 17, 2018 - ALLIED
BANKING CORPORATION, NOW MERGED WITH
PHILIPPINE NATIONAL BANK, Petitioner, v. REYNOLD
CALUMPANG, Respondent.
www.chanrobles.com/cralaw/2018januarydecisions.php?id=17
This venture, however, soon encountered financial difficulties. As a result, the Reyes Group was allegedly
forced to enter into a Memorandum of Agreement to take on part of the loans obtained by Fereit from
Bancom for the development of the project. Marbella, for its part, was supposedly compelled to assume
Fereit's obligation to cause the release of P2.8 million in receivables then assigned to State Financing;13
and subsequently to obtain additional financing from Bancom in the same amount for that purpose.14
The above developments were cited by Marbella and the Reyes group in support of the allegation that
Bancom took advantage of their resultant financial distress. Bancom allegedly demanded the execution of
Promissory Notes and the Continuing Guaranty from the Reyes Group,15 despite the fact that additional
financing became necessary only because of the failure of Fereit (Bancom's sister company) to comply
with its obligation.16
To bolster its claim that the promissory notes were issued in connection with Fereit's obligations, Marbella,
together with the Reyes Group, also presented a document entitled Amendment of Memorandum of
Agreement.17 In this instrument, Fereit undertook to reimburse Marbella for the P2.8 million the latter
had paid, and for all penalties, fees, and charges incurred to obtain additional financing.
THE RTC RULING
In a Decision dated 8 April 1991, the RTC held Marbella and the Reyes Group solidarily liable to Bancom.
The trial court ordered them to pay the amounts indicated on the Promissory Notes dated 28 February
1980 in the total amount of P4,300,247.35 plus interest computed from 19 May 1981, the date of
demand; and to pay penalties and attorney's fees as well.18
PROCEEDINGS BEFORE THE CA
Marbella and the Reyes Group appealed the RTC ruling to the CA.19 They asserted that the trial court
erred in disregarding the terms of the earlier agreements they had entered into with Bancom and Fereit.20
The former also reiterated that the amounts covered by the Promissory Notes represented additional
financing secured from Bancom to fulfill Fereit's obligations. Hence, they said they cannot be held liable
for the payment of those amounts.21
In the course of the proceedings before the CA, Abella Concepcion Regala & Cruz moved to withdraw its
appearance in the case as counsel for Bancom.22 The law firm asserted that it had "totally lost contact"
with its client despite serious efforts on the part of the former to get in touch with its officers.23 The law
firm also alleged that it had "received reports that the client has undergone a merger with another entity,"
In a Resolution dated 1 June 2004,25 the CA granted the motion after noting that the copy of a resolution
sent to Bancom had been returned to the appellate court unclaimed. The CA held that this failure of
service supported the claim of Abella Concepcion Regala & Cruz that the latter had lost all contact with its
client.
THE CA RULING
In a Decision dated 25 June 2009,26 the CA denied the appeal citing the undisputed fact that Marbella and
the Reyes Group had failed to comply with their obligations under the Promissory Notes and the guaranty.
The appellate court rejected the assertion that noncompliance was justified by the earlier agreements
entered into by the parties. The CA explained:
In this case, it is worth to note that it is an undisputed fact that defendants-appellants
failed to make good their alleged obligations under the Promissory Notes and Continuing
Guaranty which they issued in favor of BAN[C]OM. [The instruments'] genuineness and due
execution are likewise undisputed.
Defendants-appellants' only defense rests on the allegation that their non-payment of such
obligations is justified taking into consideration the terms of the Memorandum of
Agreement entered into by and among the plaintiff-appellee and defendants-appellants
herein particularly paragraph 13 thereof. Said the appellants in support hereof, since
Bancom [which was in full control of the financial affairs of Fereit] failed to cause the
release of the aforesaid receivables (P2,800,000) to State Financing by Fereit, Bancom
should necessarily suffer the consequences thereof - not the defendants-appellants.
Apparently, the thrust of defendants-appellants' defense points to Fereit's non-compliance
with paragraph 13 of the "Memorandum of Agreement." However, records show that
defendants-appellants did nothing to formally [assert] their rights against Fereit. Truly, this
Court agrees with the trial court's pronouncement that defendants-appellants' failure to
avail of the remedies provided by law, such as the filing of a third-party complaint against
Fereit, necessarily indicates that they themselves did not seriously consider Fereit's non-
compliance as affecting their own liability to BANCOM. This can be done for after all, Fereit
is still a different entity with distinct and separate corporate existence from that of BANCOM
even granting that BANCOM is in full control of the financial affairs of Fereit.
x x x x
Besides, the terms of the promissory notes and "Continuing Guaranty" x x x are clear and
unequivocal, leaving no room [for] interpretation. For not being contrary to law, morals,
good customs, public order and public policy, defendants' obligation has the force of law
and should be complied with in good faith.27
Of the individuals comprising the Reyes Group, only petitioners filed a Motion for Reconsideration of the
CA Decision.28 They reiterated their argument that the Promissory Notes were not meant to be binding,
given that the funds released to Marbella by Bancom were not loans, but merely additional financing.
Petitioners also contended that the action must be considered abated pursuant to Section 122 of the
Corporation Code. They pointed out that the Certificate of Registration issued to Bancom had been
revoked by the Securities and Exchange Commission (SEC) on 31 May 2004, and that no trustee or
receiver had been appointed to continue the suit; in fact, even Bancom's former counsel was compelled to
withdraw its appearance from the case, as it could no longer contact the corporation.
On 23 July 2009, petitioners filed a Supplement to their Motion for Reconsideration.29 In support of their
argument on the abatement of the suit, they attached a Certificate of Corporate Filing/Information issued
by the SEC. The latter confirmed that Bancom's Certificate of Registration30 had been revoked on 26 May
2003 for noncompliance with the SEC's reportorial requirements.
In a Resolution31 dated 9 November 2009, the CA denied the Motion for Reconsideration, since the points
raised therein had already been passed upon in its earlier ruling.
PROCEEDINGS BEFORE THIS COURT
On 27 November 2009, petitioners filed the instant Petition for Review. They assert that the CA committed
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8/8/2019 G.R. No. 190286, January 11, 2018 - RAMON E. REYES AND CLARA R. PASTOR, Petitioners, v. BANCOM DEVELOPMENT CORP., Respondent. …
A.M. No. P-17-3645 (formerly OCA IPI No. 15-
4415-P), January 30, 2018 - MARITA B.
BALLOGUING, PRESIDING JUDGE, REGIONAL TRIAL
COURT, BRAPCH 20, VIGAN CITY, ILOCOS SUR,
Complainant, v. CRESENTE B. DAGAN, UTILITY
WORKER I, REGIONAL TRIAL COURT, BRANCH 20,
VIGAN CITY, ILOCOS SUR, Respondent.
A.C. No. 11111, January 10, 2018 - IN RE: G.R. NO.
157659 "ELIGIO P. MALLARI V. GOVERNMENT
SERVICE INSURANCE SYSTEM AND THE PROVINCIAL
SHERIFF OF PAMPANGA."
A.C. No. 10689 [Formerly CBD Case No. 11-3171],
January 08, 2018 - ROMEO A. ALMARIO, Complainant,
v. ATTY. DOMINICA LLERA-AGNO, Respondent.
G.R. No. 190286, January 11, 2018 - RAMON E.
REYES AND CLARA R. PASTOR, Petitioners, v.
BANCOM DEVELOPMENT CORP., Respondent.
G.R. No. 190289, January 17, 2018 - THE CITY OF
BACOLOD, HON. MAYOR EVELIO R. LEONARDIA,
ATTY. ALLAN L. ZAMORA AND ARCH. LEMUEL D.
REYNALDO, IN THEIR PERSONAL CAPACITIES AND IN
THEIR CAPACITIES AS OFFICIALS OF THE CITY OF
BACOLOD, Petitioners, v. PHUTURE VISIONS CO.,
INC., Respondent.
G.R. No. 218208, January 24, 2018 - PEOPLE OF
THE PHILIPPINES, Plaintiff-Appellee, v. BRIAN
VILLAHERMOSO, Accused-Appellant.
G.R. Nos. 225642-43, January 17, 2018 - PEOPLE
OF THE PHILIPPINES, Plaintiff-Appellee, v. JUVY D.
AMARELA AND JUNARD G. RACHO, Accused-
Appellants.
G.R. No. 196890, January 11, 2018 - CAREER
EXECUTIVE SERVICE BOARD, REPRESENTED BY
CHAIRPERSON BERNARDO P. ABESAMIS, EXECUTIVE
DIRECTOR MA. ANTHONETTE VELASCO-ALLONES,
AND DEPUTY EXECUTIVE DIRECTOR ARTURO M.
LACHICA, Petitioners, v. CIVIL SERVICE
COMMISSION, REPRESENTED BY CHAIRMAN
FRANCISCO T. DUQUE III AND BLESILDA V.
LODEVICO, Respondents.
G.R. No. 212472, January 11, 2018 - SPECIFIED
CONTRACTORS & DEVELOPMENT, INC., AND SPOUSES
ARCHITECT ENRIQUE O. OLONAN AND CECILIA R.
OLONAN, Petitioners, v. JOSE A. POBOCAN,
Respondent.
A.M. No. RTJ-18-2514 (Formerly A.M. No. 16-10-
387-RTC), January 30, 2018 - OFFICE OF THE COURT
ADMINISTRATOR, Complainant, v. JUDGE HECTOR B.
SALISE, PRESIDING JUDGE, BRANCH 7, REGIONAL
TRIAL COURT, BAYUGAN CITY, AGUSAN DEL SUR,
Respondent.
G.R. No. 212448, January 11, 2018 - AAA,
Petitioner, v. BBB, Respondent.
G.R. No. 218630, January 11, 2018 - REPUBLIC OF
THE PHILIPPINES, Petitioner, v. KATRINA S.
TOBORA-TIONGLICO, Respondent.
A.C. No. 5473, January 23, 2018 - GENE M.
DOMINGO, Complainant, v. ATTY. ANASTACIO E.
REVILLA, JR., Respondent.
G.R. No. 227215, January 10, 2018 - REPUBLIC OF
THE PHILIPPINES, REPRESENTED BY THE
DEPARTMENT OF PUBLIC WORKS AND HIGHWAYS
(DPWH), Petitioner, v. LEONOR MACABAGDAL,
REPRESENTED BY EULOGIA MACABAGDAL PASCUAL
(FORMERLY JOHN DOE "DDD"), Respondent.
G.R. No. 201501, January 22, 2018 - REPUBLIC OF
THE PHILIPPINES, REPRESENTED BY THE POLLUTION
ADJUDICATION BOARD, Petitioner, v. N. DELA
MERCED & SONS, INC., Respondent.; G.R. No.
201658, January 22, 2018 - N. DELA MERCED & SONS,
INC., Petitioner, v. REPUBLIC OF THE PHILIPPINES,
REPRESENTED BY THE POLLUTION ADJUDICATION
BOARD, Respondent.
A.C. No. 10783, January 31, 2018 - ATTY. BENIGNO
BARTOLOME, Complainant, v. ATTY. CHRISTOPHER A.
BASILIO, Respondent.
G.R. No. 205307, January 11, 2018 - PEOPLE OF
THE PHILIPPINES, Plaintiff-Appellee, v. EDUARDO
GOLIDAN Y COTO-ONG, FRANCIS NACIONALES Y
FERNANDEZ, AND TEDDY OGSILA Y TAHIL, ACCUSED,
EDUARDO GOLIDAN Y COTO-ONG AND FRANCIS
NACIONALES Y FERNANDEZ, Accused-Appellants.
G.R. No. 189609, January 29, 2018 - VICTORIA N.
RACELIS, IN HER CAPACITY AS ADMINISTRATOR,
Petitioner, v. SPOUSES GERMIL JAVIER AND REBECCA
JAVIER, Respondents.
G.R. No. 224498, January 11, 2018 - PEOPLE OF
THE PHILIPPINES, Plaintiff-Appellee, v. PFC ENRIQUE
REYES, Accused-Appellant.
G.R. No. 228087, January 24, 2018 - H. VILLARICA
PAWNSHOP, INC., HL VILLARICA PAWNSHOP, INC.,
HRV VILLARICA PAWNSHOP, INC. AND VILLARICA
www.chanrobles.com/cralaw/2018januarydecisions.php?id=17
a grievous error in refusing to declare the suit abated despite the obvious fact that Bancom no longer
exists. They likewise contend that the appellate court had incorrectly relied upon the Promissory Notes
and the Continuing Guaranty. It allegedly failed to take into account the parties' earlier related
agreements that showed that petitioners could not be held liable for the debt.
In a Resolution32 dated 17 February 2010, we ordered Bancom to comment on the Petition for Review.
The copy of the Resolution served at Bancom's address on record was, however, returned unserved with
the postal notation "RTS - non-existent address."33 For this reason, we deemed the filing of a comment
waived.34
ISSUES
The following issues are presented to the Court for resolution:
1. Whether the present suit should be deemed abated by the revocation by the SEC of the Certificate of
Registration issued to Bancom
2. Whether the CA correctly ruled that petitioners are liable to Bancom for (a) the payment of the loan
amounts indicated on the Promissory Notes issued by Marbella; and (b) attorney's fees
OUR RULING
We DENY the Petition.
The revocation of Bancom's Certificate of Registration does not justify the abatement of these
proceedings.
Section 12235 of the Corporation Code provides that a corporation whose charter is annulled, or whose
corporate existence is otherwise terminated, may continue as a body corporate for a limited period of
three years, but only for certain specific purposes enumerated by law. These include the prosecution and
defense of suits by or against the corporation, and other objectives relating to the settlement and closure
of corporate affairs.
Based on the provision, a defunct corporation loses the right to sue and be sued in its name upon the
expiration of the three-year period provided by law.36 Jurisprudence, however, has carved out an
exception to this rule. In several cases, this Court has ruled that an appointed receiver,37 an assignee,38
or a trustee39 may institute suits or continue pending actions on behalf of the corporation, even after the
winding-up period. The rule was first enunciated in the 1939 case Sumera v. Valencia,40 in which we
declared:
[I]f the corporation carries out the liquidation of its assets through its own officers and
continues and defends the actions brought by or against it, its existence shall terminate at
the end of three years from the time of dissolution; but if a receiver or assignee is
appointed, as has been done in the present case, with or without a transfer of its properties
within three years, the legal interest passes to the assignee, the beneficial interest
remaining in the members, stockholders, creditors and other interested persons; and said
assignee may bring an action, prosecute that which has already been commenced for the
benefit of the corporation, or defend the latter against any other action already instituted or
which may be instituted even outside of the period of three years fixed for the officers of
the corporation.
For the foregoing considerations, we are of the opinion and so hold that when a corporation
is dissolved and the liquidation of its assets is placed in the hands of a receiver or assignee,
the period of three years prescribed by section 77 of Act No. 1459 known as the
Corporation Law is not applicable, and the assignee may institute all actions leading to the
liquidation of the assets of the corporation even after the expiration of three years.
In subsequent cases, the Court further clarified that a receiver or an assignee need not even be appointed
for the purpose of bringing suits or continuing those that are pending.41 In Gelano v. Court of Appeals,42
we declared that in the absence of a receiver or an assignee, suits may be instituted or continued by a
trustee specifically designated for a particular matter, such as a lawyer representing the corporation in a
certain case. We also ruled in Clemente v. Court of Appeals43 that the board of directors of the
corporation may be considered trustees by legal implication for the purpose of winding up its affairs.
Here, it appears that the SEC revoked the Certificate of Registration issued to Bancom on 26 May 2003.44
Despite this revocation, however, Bancom does not seem to have conveyed its assets to trustees or to its
stockholders and creditors. The corporation has also failed to appoint a new counsel after the law firm
formerly representing it was allowed to withdraw its appearance on 1 June 2004. Citing these
circumstances, petitioners assert that these proceedings should be considered abated.
We disagree.
It is evident from the foregoing discussion of law and jurisprudence that the mere revocation of the
charter of a corporation does not result in the abatement of proceedings. Since its directors are
considered trustees by legal implication,45 the fact that Bancom did not convey its assets to a receiver or
assignee was of no consequence. It must also be emphasized that the dissolution of a creditor-corporation
does not extinguish any right or remedy in its favor. Section 145 of the Corporation Code is explicit on this
point:
Sec. 145. Amendment or repeal.- No right or remedy in favor of or against any
corporation, its stockholders, members, directors, trustees, or officers, nor any
liability incurred by any such corporation, stockholders, members, directors, trustees, or
officers, shall be removed or impaired either by the subsequent dissolution of said
corporation or by any subsequent amendment or repeal of this Code or of any part
thereof. (Emphasis supplied)
As a necessary consequence of the above rule, the corresponding liability of the debtors of a dissolved
corporation must also be deemed subsisting. To rule otherwise would be to sanction the unjust
enrichment of the debtor at the expense of the corporation.46
As guarantors of the loans of M arbella, petitioners are liable to Bancom.
On the merits of the claim, we affirm the finding of the CA on the liability of petitioners. Having executed
a Continuing Guaranty in favor of Bancom, petitioners are solidarily liable with Marbella for the payment
of the amounts indicated on the Promissory Notes.
As the appellate court observed,47 petitioners did not challenge the genuineness and due execution of the
promissory notes. Neither did they deny their nonpayment of Marbella's loans or the fact that these
obligations were covered by the guaranty. Their sole defense was that the promissory notes in question
were not binding, because the funds released to Marbella by Bancom were not loans but merely additional
financing. This financial accommodation was supposedly meant to a1low Marbella to rectify the failure of
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8/8/2019 G.R. No. 190286, January 11, 2018 - RAMON E. REYES AND CLARA R. PASTOR, Petitioners, v. BANCOM DEVELOPMENT CORP., Respondent. …
PAWNSHOP, INC., Petitioners, v. SOCIAL SECURITY
COMMISSION, SOCIAL SECURITY SYSTEM, AMADOR
M. MONTEIRO, SANTIAGO DIONISIO R. AGDEPPA,
MA. LUZ N. BARROS-MAGSINO, MILAGROS N. CASUGA
AND JOCELYN Q. GARCIA, Respondents.
G.R. Nos. 206079-80, January 17, 2018 -
PHILIPPINE AIRLINES, INC. (PAL), Petitioner, v.
COMMISSIONER OF INTERNAL REVENUE,
Respondent.; G.R. No. 206309, January 17, 2018 -
COMMISSIONER OF INTERNAL REVENUE, Petitioner,
v. PHILIPPINE AIRLINES, INC. (PAL), Respondent.
G.R. No. 192396, January 17, 2018 - STEPHEN A.
ANTIG, AS REPRESENTATIVE OF AMS BANANA
EXPORTER, INC. [FORMERLY AMS FARMING
CORPORATION], BERNARDITA S. LEMOSNERO,
JEMARIE J. TESTADO, THOMAS BERNARD C. ALLADIN,
AND GERARDO ARANGOSO, Petitioners, v.
ANASTACIO ANTIPUESTO, IN HIS OWN CAPACITY
AND AS REPRESENTATIVE OF AMS KAPALONG
AGRARIAN REFORM BENEFICIARIES MULTI-PURPOSE
COOPERATIVE (AMSKARBEMCO) AND ITS MEMBERS,
Respondents.
G.R. No. 225735, January 10, 2018 - PEOPLE OF
THE PHILIPPINES, Plaintiff-Appellee, v. BELEN
MEJARES Y VALENCIA, Accused-Appellant.
A.C. No. 8208, January 10, 2018 - RET. JUDGE
VIRGILIO ALPAJORA, Complainant, v. ATTY.
RONALDO ANTONIO V. CALAYAN, Respondent.
G.R. No. 227698, January 31, 2018 - PEOPLE OF
THE PHILIPPINES, Plaintiff-Appellee, v. HERNANDO
BONGOS, Accused-Appellants.
G.R. No. 219889, January 29, 2018 - PEOPLE OF
THE PHILIPPINES, Plaintiff-Appellee, v. EDWIN
DAGSA Y BANTAS @ "WING WING," Accused-
Appellant.
G.R. No. 210161, January 10, 2018 - PEOPLE OF
THE PHILIPPINES, Plaintiff-Appellee, v. BIENVINIDO
UDANG, SR. Y SEVILLA,1 Accused-Appellant.
G.R. No. 202612, January 17, 2018 - TEODORO C.
TORTONA, RODRIGO C. TORTONA, PEDRO C.
TORTONA, ERNESTO C. TORTONA, AND PATRICIO C.
TORTONA, Petitioners, v. JULIAN C. GREGORIO,
FLORENTINO GREGORIO, JR., ISAGANI C. GREGORIO,
CELEDONIA G. IGNACIO, TEODOCIA G. CHAN,
LEONILA G. CAAMPUED, CONCORDIA G. MIJARES,
ROMEO C. GREGORIO, EDNA S. TAN, NELIA S. REYES,
CECILIA S. FRIEDMAN, LAMBERTO SUANTE, JULIUS
SUANTE, CORAZON YASAY-GREGORIO, DONALDO Y.
GREGORIO, ELMER Y. GREGORIO, AND ROY JOHN Y.
GREGORIO, Respondents.
G.R. No. 209582, January 19, 2018 - TEEKAY
SHIPPING PHILIPPINES, INC., AND/OR TEEKAY
SHIPPING LTD., AND/OR ALEX VERCHEZ, Petitioners,
v. ROBERTO M. RAMOGA, JR., Respondent.
G.R. No. 201792, January 24, 2018 - WILFREDO P.
ASAYAS, Petitioner, v. SEA POWER SHIPPING
ENTERPRISES, INC., AND/OR AVIN INTERNATIONAL
S.A., AND/OR ANTONIETTE GUERRERO, Respondents.
G.R. No. 219581, January 31, 2018 - PEOPLE OF
THE PHILIPPINES, Plaintiff-Appellee, v. MAXIMO
DELA PEÑA, Accused-Appellant.; ROMY REAL, DANNY
REAL AND ONYONG REYES, Accused.
G.R. No. 219238, January 31, 2018 - PEOPLE OF
THE PHILIPPINES, Plaintiff-Appellee, v. MOISES
DEJOLDE, JR. Y SALINO, Accused-Appellant.
A.M. No. P-17-3772 (Formerly OCA IPI No. 12-
3999-P), January 10, 2018 - JOVITA B. LAMSIS,
Complainant, v. JUDE F. SALES, SR., PROCESS
SERVER, REGIONAL TRIAL COURT, BRANCH 10, LA
TRINIDAD, BENGUET, Respondent.
G.R. No. 229829, January 22, 2018 - PEOPLE OF
THE PHILIPPINES, Plaintiff-Appellee, v. ARNEL
KALIPAYAN Y ANIANO, Accused-Appellant.
A.M. No. P-05-1938, January 30, 2018 - THE
OFFICE OF THE COURT ADMINISTRATOR,
Complainant, v. MR. CRISPIN C. EGIPTO, JR., CLERK
OF COURT IV, MUNICIPAL TRIAL COURT IN CITIES,
PAGADIAN CITY, Respondent.
G.R. No. 226355, January 24, 2018 - REPUBLIC OF
THE PHILIPPINES, REPRESENTED BY THE
DEPARTMENT OF PUBLIC WORKS AND HIGHWAYS
(DPWH), Petitioner, v. HEIRS OF CIRILO GOTENGCO,
Respondents.
G.R. No. 203298, January 17, 2018 - INTERLINK
MOVIE HOUSES, INC. AND EDMER Y. LIM, Petitioners,
v. HONORABLE COURT OF APPEALS, STATIONERY
EXPRESSIONS SHOP, INC. AND JOSEPHINE LIM BON
HUAN, Respondents.
G.R. No. 223099, January 11, 2018 - PEOPLE OF
THE PHILIPPINES, Plaintiff-Appellee, v. LINO
ALEJANDRO Y PIMENTEL, Accused-Appellant.
www.chanrobles.com/cralaw/2018januarydecisions.php?id=17
Fereit to cause the release of receivables assigned to another entity. In support of their allegations,
petitioners cite certain provisions of the Memorandum of Agreement dated 16 August 197748 and its
Amendment.49
We reject these contentions.
The obligations of Marbella and the Reyes Group under the Promissory Notes and the Continuing
Guaranty, respectively, are plain and unqualified. Under the notes, Marbella promised to pay Bancom the
amounts stated on the maturity dates indicated.50 The Reyes Group, on the other hand, agreed to
become liable if any of Marbella's guaranteed obligations were not duly paid on the due date.51 There is
absolutely no support for the assertion that these agreements were not meant to be binding.
We also note that even if the other agreements referred to by petitioners are taken into account, the
result would be the same. They would still be deemed liable, since the two contracts they cited only
establish the following premises: (a) Fereit took on the responsibility of causing the release of certain
receivables from State Financing; (b) Marbella assumed the performance of the obligation of Fereit after
the latter failed to fulfill its duty; (c) Bancom would grant Marbella additional financing for that purpose,
with the obligation to be paid within three years; and (d) Fereit would reimburse Marbella for the
expenses the latter would incur as a result of this assumption of the obligation. Specifically on the duty of
Marbella to pay back the additional financing, the Amendment states:
1. Bancom hereby agrees to grant the additional financing requested by Marbella II in
the principal amount of TWO MILLION EIGHT HUNDRED TWENTY EIGHT THOUSAND
ONE HUNDRED FORTY & 32/100 (P2,828,140.32), Philippine Currency, payable by
Marbella II within three (3) years, under such terms and conditions as may be
mutually agreed upon by Bancom and Marbella II. The additional financing herein
requested by Marbella II shall be payable by Marbella II irrespective of whether
Marbella II realizes a net profit after tax on its Marbella II Condominium Project.
2. In lieu of the obligations of Fereit under Paragraph 9 and 13 of the Memorandum of
Agreement, Fereit hereby agrees to reimburse Marbella II the principal sum of
P2,828,140.32 plus interest, fees and other charges which Marbella II shall pay to
Bancom in the settlement and/or liquidation of the additional financing. However,
penalties, fees and other charges resulting from the default of Marbella II with
respect to the additional financing shall be borne by Marbella II.
It is evident from the foregoing provisions that Bancom extended additional financing to Marbella on the
condition that the loan would be paid upon maturity. It is equally clear that the latter obligated itself to
pay the stated amount to Bancom without any condition. The unconditional tenor of the obligation of
Marbella to pay Bancom for the loan amount, plus interest and penalties, is likewise reflected in the
Promissory Notes issued in favor of the latter.52 Marbella, in turn, was granted the right to collect
reimbursement from Fereit, an entirely distinct entity. While it was averred that Bancom had complete
control of Fereit's assets and activities, we note that no sufficient evidence was presented in support of
this assertion.
As to petitioners, the Continuing Guaranty evidently binds them to pay Bancom the amounts indicated on
the original set of Promissory Notes, as well as any and all instruments issued upon the renewal,
extension, amendment or novation thereof.53 The Court notes that the final set of Promissory Notes
issued by Marbella in this case reflect the total amount of P3,002,333.84.54 The CA and the RTC thus
ordered the payment of P4,300,247.35, which represents the principal amount and all interest and
penalty charges as of 19 May 1981, or the date of demand.
We affirm this ruling with the modification that petitioners are liable to pay Bancom the following
amounts: (a) P4,300,247.35; (b) interest accruing on the principal sum of P3,002,333.84 (and not the
entire amount of P4,300,247.35), from 19 May 1981, the date of demand, at the rates identified below;55
and (c) penalties accrued in relation thereto, with legal interest from maturity date until fully paid.
Needless to state, the clear terms of these agreements cannot be negated and deemed non-binding
simply on the basis of the self-serving testimony of Angel Reyes, one of the guarantors of the loan. The
CA therefore correctly rejected the attempt of petitioners to renege on their obligations. We also find the
award of P500,000 for attorney's fees in order, pursuant to the stipulation in the Promissory Notes
allowing the recovery thereof. Nevertheless, in the interest of equity and considering that petitioners are
already liable for penalties, we deem it proper to modify the stipulated rate of interest to conform to the
legal interest rates under prevailing jurisprudence.
WHEREFORE, the Petition for Review is hereby DENIED, and the Decision. dated 25 June 2009 and the
Resolution dated 9 November 2009 issued by the Court of Appeals in CA-G.R. CV No. 45959 are
AFFIRMED with MODIFICATION.
Petitioners Ramon E. Reyes and Clara R. Pastor are jointly and severally liable with Marbella Manila
Realty, Inc., Angel E. Reyes, Sr., Florencio Reyes, Jr., Rosario R. Du and Olivia Arevalo for the following
amounts:
(a) P4,300,247.35, representing the principal sum and all interest and penalty charges as of 19 May
1981;
(b) legal interest on the principal sum of P3,002,333.84 at the rate of 12% per annum from 19 May
1981, the date of demand, until 30 June 2013, and at the rate of 6% per annum from 1 July
2013, until this Decision becomes final and executory;
(c) penalties equivalent to 20% of the obligation;
(d) legal interest on the penalty amount at the rate of 12% per annum from 19 May 1981, the date
of demand, until30 June 2013, and at the rate of 6% per annum from 1 July 2013, until this
Decision becomes final and executory;
(e) attorney's fees in the amount of P500,000; and
(f) legal interest of 6% per annum on all the foregoing monetary awards from date of finality of this
Decision until full payment thereof.
SO ORDERED.
4/9
8/8/2019 G.R. No. 190286, January 11, 2018 - RAMON E. REYES AND CLARA R. PASTOR, Petitioners, v. BANCOM DEVELOPMENT CORP., Respondent. …
G.R. No. 207354, January 10, 2018 - CHARLIE
HUBILLA, JOEL NAYRE, NENITA A. TAN, PEDRO Leonardo-De Castro, Del Castillo, Jardeleza, and Gesmundo,*JJ., concur.
MAGALLANES, JR., ARNEL YUSON, JANICE CABATBAT,
JUDY PAPINA, VANESSA ESPIRITU, NOEMI YALUNG, Endnotes:
GENALYN RESCOBILLO, FIDEL ZAQUITA, NYL B.
CALINGASAN, JANICE MIRADORA, EVANGELINE
CHUA, ROSCHELLE MISSION, MELANIE BALLESTEROS, * Designated additional member in lieu of Associate Justice Noel Gimenez Tijam, who
MARILYN BACALSO, RENALYN ALCANTARA,
FEDERICO B. VIERNES, CHRISTOPHER B. YARES, ANA
concurred in the Court of Appeals Decision, per rattle dated 8 January 2018.
MARY R. AGUILAR, MELANIE SAN MARCOS,
1Rollo, pp. 3-22; Petition for Review on Certiorari dated 27 November 2009 and filed under
EMERLOVE MONTE, CHONALYN LUCAS, THERESA
MALICOSIO, MA. FE CERCARES, RUBELYN R. CLARO, Rule 45 of the Rules of Court.
JONALYN M. YALUNG, MARY ANN V. MACANAG,
RESLYN L. FLORES, CRISTEL C. ROQUE, TERESA G. 2 Id. at 24-39; Decision dated 25 June 2009; penned by CA Associate Justice Arturo G.
MUNAR, SUSAN A. DELA CRUZ, SHEENA KAY P. DE
Tayag and concurred in by Associate Justices Noel G. Tijam (now a Member of this Court)
VERA, ARLENE R. ANES, GINA B. BINIBINI, CHERINE
and Normandie B. Pizzaro.
V. ZORILLA, MA. CRISTINE MAGTOTO, FRANCIS
MARIE O. DE CASTRO, VANESSA R. ESPIRITU,
3 Id. at 41-42; Resolution dated 9 November 2009.
RACHELLE V. QUISTORIA, JULIE ANN ILAN, ANGELIE
F. PANOTES, ANABEL PAYOS, MELISSA M. PERLAS,
MELANIE B. BERSES, BARVI ROSE PERALTA, RESIE 4 Id. at 107-110; Continuing Guaranty dated March 1979.
AQUE, ROWENA RIVERA, MELANIE M. DY, CHERYLYN
CORO, RANELYN SUBONG, ANGELA SUBILLAGA, 5 Promissory Notes issued on 24 May 1979; rollo, pp. 83-89.
THELMA BARTOLABAC, MICHELLE C. ILAGAN,
PRECIOUS MAE DE GUZMAN, MARY CAROLINE
6 Promissory Notes issued on 22 August 1979; rollo, pp. 90-94.
COLINA, FRELYN HIPOLITO, MYLINE A. CALLOS,
JANETH B. SEMBILLO, LEA LYN F. FERRANCO, MAY C.
SANTOS, ROSELLE A. NOBLE, JENNIFER D. SUYOM, 7 Promissory Notes issued on 27 November 1979; rollo, pp. 95-100.
WARREN PETCHIE C. CAJES, ROWELYN F. CATALAN,
RIEZEL ANN A. ALEGRE, DEMETRIA B. PEREZ, 8 Promissory Notes issued on 28 February 1980; rollo, pp. 101-106.
GENALYN OSOC, JUVILYN N. NERI, JOY B. PIMENTEL,
AIRENE LAYON, MARY JOY TURQUEZA, MARY ANN
9 CA Decision dated 25 June 2009, supra note 2, at 25.
VALENTIN, ROSIE L. NIEBRES, MELCA MALLORCA,
JOY CAGATCAGAT, DIANA CAMARO, MARIVEL
DIJUMO, SHEILA DELA CRUZ, ELIZABETH ARINGO, 10 Id. at 28.
JENALYN G. DISMAYA, MELANIE G. TRIA, GRETCHEN
D. MEJOS, AND JANELIE R. JIMENEZ, Petitioners, v. 11 Id.
HSY MARKETING LTD., CO., WANTOFREE ORIENTAL
TRADING, INC., COEN FASHION HOUSE AND
12 See Memorandum of Agreement dated 16 August 1977; rollo, pp. 43-48; Amendment of
GENERAL MERCHANDISE, ASIA CONSUMER VALUE
TRADING, INC., FABULOUS JEANS & SHIRT & Memorandum of Agreement; rollo, pp. 111-114.
GENERAL MERCHANDISE, LSG MANUFACTURING
CORPORATION, UNITE GENERAL MERCHANDISE, 13 CA Decision dated 25 June 2009, supra note 2, at 28.
ROSARIO Q. CO, LUCIA PUN LING YEUNG, AND
ALEXANDER ARQUEZA, Respondents. 14 Id. at 28-29.

G.R. No. 215713, January 22, 2018 - PEOPLE OF

15 Id.
THE PHILPPINES, Plaintiff-Appellee, v. BOBBY S.
ABELARDE, Accused-Appellant.
16 Id.
A.M. No. P-17-3771 (Formerly OCA IPI No. 11-
3689-P), January 24, 2018 - JUDGE DENNIS B. 17Rollo, pp. 111-114; Amendment of Memorandum of Agreement dated 16 August 1997.
CASTILLA, Complainant, v. MARIA LUZ A. DUNCANO,
CLERK OF COURT IV, OFFICE OF THE CLERK OF
18 Id. at 29.
COURT, MUNICIPAL TRIAL COURT IN CITIES,
BUTUAN, AGUSAN DEL SUR, Respondent.
19 Id. at 24.
G.R. No. 203081, January 17, 2018 - LINDA
CACHO, MINORS SARAH JANE, JACQUELINE, FIRE 20 Id. at 29.
RINA AND MARK LOUISE ALL SURNAMED CACHO, ALL
REPRESENTED BY THEIR MOTHER AND GUARDIAN AD
21 Id. at 29-31.
LITEM LINDA CACHO, Petitioners, v. GERARDO
MANAHAN, DAGUPAN BUS CO., INC., AND RENATO DE
VERA DOING BUSINESS UNDER THE NAME R. M. DE 22 Id. at 76-77; Compliance with Manifestation and, Motion to Withdraw Appearance dated
VERA CONSTRUCTION, Respondent. 12 March 2000.
G.R. No. 210766, January 08, 2018 - MARIA 23 Id. at 76.
CONCEPCION N. SINGSON A.K.A. CONCEPCION N.
SINGSON, Petitioner, v. BENJAMIN L. SINGSON,
Respondent. 24 Id. at 76-77.

G.R. No. 207074, January 17, 2018 - REPUBLIC OF 25 Id. at 82; Resolution dated 1 June 2004.
THE PHILIPPINES, Petitioner, v. MICHELLE SORIANO
GALLO, Respondent. 26 Decision dated 25 June 2009, supra note 2.

G.R. No. 195878, January 10, 2018 - MAGSAYSAY

MITSUI OSK MARINE, INC., KOYO MARINE, CO. LTD., 27 Id. at 32-35.
AND CONRADO DELA CRUZ, Petitioners, v. OLIVER G.
BUENAVENTURA, Respondent. 28 Id. at 49-62; Motion for Reconsideration dated 17 July 2009.

G.R. No. 230404, January 31, 2018 - IN THE 29 Supplement [to the Motion for Reconsideration dated July 17, 2009]; rollo, pp. 64-66.
MATTER OF THE INTESTATE ESTATE OF REYNALDO
GUZMAN RODRIGUEZ; ANITA ONG TAN, Petitioner, v.
ROLANDO C. RODRIGUEZ, RACQUEL R. GEGAJO*, 30 Certificate of Corporate Filing/Information dated 14 July 2009; rollo, p. 67.
ROSALINDA R. LANDON, REYNALDO C. RODRIGUEZ,
JR., ESTER R. FULGENCIO, RAFAEL C. RODRIGUEZ 31 Resolution dated 9 November 2009, supra note 3.
AND REYNEST C. RODRIGUEZ, Respondents.
32Rollo, p. 268.
G.R. No. 216057, January 08, 2018 - PEOPLE OF
THE PHILIPPINES, Appellee, v. CEFERINO
VILLACAMPA Y CADIENTE @ "DADDY GAGA," 33 Id. at 269.
Appellant.
34 Resolution dated 19 January 2011; rollo, p. 276.
A.C. No. 9000, January 10, 2018 - TOMAS P. TAN,
JR., Complainant, v. ATTY. HAIDE V. GUMBA, 35 Section 122 provides in relevant part:
Respondent.

G.R. No. 205813, January 10, 2018 - ALFREDO F.
LAYA, JR., Petitioner, v. PHILIPPINE VETERANS BANK
AND RICARDO A. BALBIDO, JR., Respondents.
G.R. No. 192971, January 10, 2018 - FLORO
MERCENE, Petitioner, v. GOVERNMENT SERVICE
INSURANCE SYSTEM, Respondent.
A.M. No. RTJ-11-2301 [Formerly A.M. No. 11-3-55-
RTC], January 16, 2018 - OFFICE OF THE COURT
ADMINISTRATOR, Complainant, v. JUDGE PERLA V.
CABRERA FALLER, OFFICER-IN-CHARGE OPHELIA G.
SULUEN AND PROCESS SERVER RIZALINO RINALDI B.
PONTEJOS, ALL OF THE RTC, BRANCH 90,
Section 122. Corporate Liquidation. Every corporation whose charter expires
by its own limitation or is annulled by forfeiture or otherwise, or whose
corporate existence for other purposes is terminated in any other manner,
shall nevertheless be continued as a body corporate for three (3) years after
the time when it would have been so dissolved, for the purpose of
prosecuting and defending suits by or against it and enabling it to settle and
close its affairs. to dispose of and convey its property and to distribute its
assets, but not for the purpose of continuing the business for which it was
established.
At any time during said three (3) years, said corporation is authorized and
empowered to convey all of its property to trustees for the benefit of
stockholders, members, creditors, and other persons in interest. From and

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8/8/2019 G.R. No. 190286, January 11, 2018 - RAMON E. REYES AND CLARA R. PASTOR, Petitioners, v. BANCOM DEVELOPMENT CORP., Respondent. …
DASMARIÑAS, CAVITE, Respondents.; A.M. No. RTJ- after any such conveyance by the corporation of its property in trust for the
11-2302 [FORMERLY A.M. No. 11-7-125-RTC] - benefit of its stockholders, members, creditors and others in interests, all
OFFICE OF THE COURT ADMINISTRATOR, interests which the corporation had in the property terminates, the legal
Complainant, v. PRESIDING JUDGE FERNANDO L. interest vests in the trustees, and the beneficial interest in the stockholders.
FELICEN, CLERK OF COURT V ATTY. ALLAN SLY M.
members, creditors or other persons in interest.
MARASIGAN, SHERIFF IV ANSELMO P. PAGUNSAN,
JR., COURT STENOGRAPHERS ROSALIE MARANAN 36Gelano v. Court of Appeals, 190 Phil. 814 (1981) citing Fisher, 1929 ed., p. 386.
AND TERESITA P. REYES, COURT INTERPRETER
IMELDA M. JUNTILLA, AND PROCESS SERVER
37 See Sumera v. Valencia, 67 Phil. 721 (1939).
HIPOLITO O. FERRER, ALL OF THE RTC, BRANCH 20,
IMUS, CAVITE; PRESIDING JUDGE NORBERTO J.
QUISUMBING, JR., CLERK OF COURT ATTY. MARIA 38 Id.
CRISTITA A. RIVAS SANTOS, LEGAL RESEARCHER
MANUELA O. OSORIO, SHERIFF IV FILMAR M. DE 39 See Gelano v. Court of Appeals, supra note 36; Clemente v. Court of Appeals, 312 Phil.
VILLA, COURT STENOGRAPHERS MARILOU CAJIGAL,
WENDILYN T. ALMEDA AND HELEN B. CARALUT, 823 (1995).
COURT INTERPRETER ELENITA T. DE VILLA, AND
PROCESS SERVER ELMER S. AZCUETA, ALL OF THE 40 Supra note 37, at 727.
RTC, BRANCH 21, IMUS, CAVITE; PRESIDING JUDGE
CESAR A. MANGROBANG, CLERK OF COURT VI ATTY. 41Reburiano v. Court of Appeals, 361 Phil. 294 (1999).
REGALADO E. EUSEBIO, CLERK OF COURT V ATTY.
SETER M. DELA CRUZ-CORDEZ, LEGAL RESEARCHER 42 Supra note 39.
DEVINA A. REYES BERMUDEZ, COURT
STENOGRAPHERS PRISCILLA P. HERNANDEZ,
NORMITA Z. FABIA, MERLY O. PARCERO, AND JOYCE 43 Id.
ANN F. SINGIAN, COURT INTERPRETER MICHELLE A.
ALARCON, AND PROCESS SERVER ELMER S. AZCUETA, 44See Certificate of Corporation Filing/Information dated 14 July 2009, supra note 30.
ALL OF THE RTC, BRANCH 22, IMUS, CAVITE;
EXECUTIVE JUDGE PERLA V. CABRERA FALLER, CLERK 45 See Clemente v. CA, supra note 39.
OF COURT ZENAIDA C. NOGUERA, SHERIFF IV TOMAS
C. AZURIN, OIC LEGAL RESEARCHER OPHELIA G.
SULUEN, COURT STENOGRAPHERS JESUSA B. SAN 46Knecht v. United Cigarette Corp., 433 Phil. 380 (2002); Celano v. Court of Appeals, supra
JOSE, ROSALINA A. COSTUNA, AND MARIA LOURDES note 36.
M. SAPINOSO, COURT INTERPRETER MERLINA S.
FERMA, AND PROCESS SERVER RIZALINO RINALDI B. 47 Decision dated 25 June 2009, supra note 2, at 32.
PONTEJOS, ALL OF THE RTC, BRANCH 90,
DASMARIÑAS, CAVITE, Respondents.; A.M. No. 12-9-
48 Memorandum of Agreement dated 16 August 1977, supra note 12.
188-RTC - RE: ANONYMOUS LETTER COMPLAINT
AGAINST JUDGE PERLA V. CABRERA-FALLER, BRANCH
90, REGIONAL TRIAL COURT, DASMARIÑAS CITY, 49 Amendment of Memorandum of Agreement, supra note 17.
CAVITE, RELATIVE TO CIVIL CASE NO. 1998-08
50 Supra notes 5, 6, 7, and 8.
G.R. No. 194214, January 10, 2018 - MARILOU
PUNONGBAYAN-VISITACION, Petitioner, v. PEOPLE
51 Section 2 of the Continuing Guaranty (supra note 4, at 107) states:
OF THE PHILIPPINES AND CARMELITA P.
PUNONGBAYAN, Respondents.
Section 2. Liability of the Guarantor. - If any of the Guaranteed Obligations is
G.R. No. 200469, January 15, 2018 - PHILIPPINE not fully or duly paid or performed on due date thereof (whether of a stated
SAVINGS BANK, Petitioner, v. JOSEPHINE L. PAPA, maturity, by acceleration or otherwise) the Guarantor shall, without need for
Respondent. any notice, demand or any act or deed, immediately become liable therefor,
and the Guarantor shall, upon demand, fully and duly pay and perform the
G.R. No. 205440, January 15, 2018 - PEOPLE OF same, together with any and all interests, penalties and other fees and
THE PHILIPPINES, Plaintiff-Appellee, v. YOLANDO B. charges thereon then accrued and outstanding at the time of payment.
PANERIO ALIAS JOHN "YOLLY" LABOR AND ALEX
(JOJO) F. ORTEZA, ACCUSED, YOLANDO B. PANERIO, 52 The Promissory Notes dated 28 February 1980, executed by Marbella in favor of Bancom
Accused-Appellant.
uniformly, state:
G.R. No. 214291, January 11, 2018 - AMERICAN
For value received in the amount of ..., ("Maker") promise[s] to pay to the
POWER CONVERSION CORPORATION; AMERICAN
POWER CONVERSION SINGAPORE PTE. LTD.;
order of Bancom Development Corporation ("Payee") the sum of ... at its
AMERICAN POWER CONVERSION (A.P.C.), B.V.; principal offices located at Pasay Road, Makati, Metro Manila on the maturity
AMERICAN POWER CONVERSION (PHILS.) B.V.; date stated above.
DAVID W. PLUMER, JR.; GEORGE KONG; AND ALICIA
HENDY, Petitioners, v. JASON YU LIM, Respondent. Demand and Dishonor waived. In case of default in the payment of this Note,
interest on the principal sum at the rate of TWELVE (12%) per
G.R. No. 225596, January 10, 2018 - THE PEOPLE annum shall accrue from the date immediately following due date thereof. It
OF THE PHILIPPINES, Plaintiff-Appellee, v. is further agreed that if this Note is not paid within FORTY EIGHT (48) hours
ALEXANDER ALVARO Y DE LEON AND ROSALIE from maturity date, the Maker shall pay a penalty equivalent to percent
GERONIMO Y MADERA, Accused-Appellants. (20%) of the unpaid balance of this Note and said penalty shall, in addition
to the interest on the unpaid principal earn interest at the highest rate
G.R. No. 210610, January 11, 2018 - PEOPLE OF
permitted by law from maturity date until fully paid.
THE PHILIPPINES, Plaintiff-Appellee, v. MARILOU
HILARIO Y DIANA AND LALAINE GUADAYO Y ROYO,
ACCUSED. MARILOU HILARIO Y DIANA, Accused- If this Note is placed in the hands of an attorney for collection, the Maker
Appellant. shall pay as and for attorney's fees a sum equal to TEN percent (10%) of
the principal and interest then due thereon plus cost of collection in
G.R. Nos. 206841-42, January 19, 2018 - case of suit. The Maker further agrees that any action accruing from this
ARMANDO GO, Petitioner, v. EAST OCEANIC LEASING Note shall be instituted in the proper courts of the (sic). (Emphases supplied)
AND FINANCE CORPORATION, Respondent.
53 The definition of "Guaranteed Obligations" under Section 1 of the Continuing Guaranty
G.R. No. 208835, January 19, 2018 - PEOPLE OF (rollo, p. 107) includes [a]ll the obligations of the issuer under: (i) the Notes and the
THE PHILIPPINES, Plaintiff-Appellee, v. NOEL BEJIM Agreement; (ii) any and all instruments or documents issued upon the renewal, extension,
Y ROMERO, Accused-Appellant.
amendment or novation of the Notes and the Agreement, irrespective of whether such
obligations as renewed, extended, amended or novated are in the nature of new, separate
A.M. No. P-17-3639 (Formerly OCA I.P.I. No. 14-
4314-P), January 23, 2018 - MA. CECILIA FERMINA T. or additional obligations; (iii) any and all instruments or documents issued pursuant to the
ROXAS, Complainant, v. ALLEN FRANCISCO S. SICAT, Notes and the Agreement;
SHERIFF III, OFFICE OF THE CLERK OF COURT,
MUNICIPAL TRIAL COURT IN CITIES, ANGELES CITY, 54Rollo, pp. 101-106; Promissory Notes issued on 28 February 1980.
PAMPANGA, Respondent.
55 Section 5 of the Continuing Guaranty states:
G.R. No. 219683, January 23, 2018 - HON.
JONATHAN A. DELA CRUZ AND HON. GUSTAVO S. Section 5. When Guarantor is in Default. - For purposes of this Guaranty, the
TAMBUNTING, AS MEMBERS OF THE HOUSE OF Guarantor is in default, without need for any notice to or consent of the
REPRESENTATIVES AND AS TAXPAYERS, Petitioners,
Guarantor for any other act or deed if the lssuer/Guarantoir is in default
v. HON. PAQUITO N. OCHOA JR., IN HIS CAPACITY AS
THE EXECUTIVE SECRETARY; HON. JOSEPH EMILIO A.
within the meaning of the Agreement; and/or if the Guarantor fails, as
ABAYA, IN HIS CAPACITY AS THE SECRETARY OF THE required in Section 2 hereof, to fully and duly pay and perform any or all of
DEPARTMENT OF TRANSPORTATION AND the outstanding Guaranteed Obligations (together with any and all interests,
COMMUNICATIONS; HON. FLORENCIO B. ABAD, IN penalties and other fees and charges thereon accrued and outstanding), upon
HIS CAPACITY AS THE SECRETARY OF THE demand on the Guarantor.
DEPARTMENT OF BUDGET AND MANAGEMENT; AND
HON. ROSALIA V. DE LEON, IN HER CAPACITY AS THE
NATIONAL TREASURER, Respondents.

G.R. No. 225690, January 17, 2018 - PEOPLE OF

THE PHILIPPINES, Plaintiff-Appellee, v. GERALD Back to Home | Back to Main
ARVIN ELINTO RAMIREZ AND BELINDA GALIENBA
LACHICA, Accused-Appellants.

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Y UTUANIS, Accused-Appellant.
1949 1950 1951 1952 1953 1954 1955 1956
G.R. No. 230144, January 22, 2018 - THE MANILA 1957 1958 1959 1960 1961 1962 1963 1964
BANKING CORPORATION, Petitioner, v. BASES
CONVERSION AND DEVELOPMENT AUTHORITY, 1965 1966 1967 1968 1969 1970 1971 1972
Respondent. 1973 1974 1975 1976 1977 1978 1979 1980
G.R. No. 216017, January 19, 2018 - PEOPLE OF 1981 1982 1983 1984 1985 1986 1987 1988
THE PHILIPPINES, Plaintiff-Appellee, v. NIÑO FLOR Y 1989 1990 1991 1992 1993 1994 1995 1996
MORA, Accused-Appellant.
1997 1998 1999 2000 2001 2002 2003 2004
G.R. No. 188243, January 24, 2018 - LAND BANK 2005 2006 2007 2008 2009 2010 2011 2012
OF THE PHILIPPINES, Petitioner, v. RAUL T.
MANZANO, JOSE R. JUGO, RAMON H. MANZANO, AND 2013 2014 2015 2016 2017 2018
HEIRS OF PILAR T. MANZANO, NAMELY: RICARDO T.
MANZANO, JR., RENATO T. MANZANO, JR., RAMON T.
MANZANO, JR., RAUL T. MANZANO, RAFAEL T.
MANZANO, ROBERTO T. MANZANO, AND REGINA T.
MANZANO, Respondents.

G.R. No. 231792, January 29, 2018 - PEOPLE OF

Main Indices of the Library ---> Go!
THE PHILIPPINES, Plaintiff-Appellee, v. ALVIN JUGO
Y VILLANUEVA, Accused-Appellant.

G.R. No. 197920, January 22, 2018 -

DEMOSTHENES R. ARBILON, Petitioner, v. SOFRONIO
MANLANGIT, Respondent.

A.M. No. P-18-3796 (Formerly OCA IPI No.16-

4545-P), January 22, 2018 - ATTY. MA. JASMINE P.
LOOD, MARY JANE G. CORPUZ, AND MA. HAZEL P.
SEBIAL, Complainants, v. RUEL V. DELICANA, LEGAL
RESEARCHER, BRANCH 3, MUNICIPAL TRIAL COURT
IN CITIES [MTCC], GENERAL SANTOS CITY, SOUTH
COTABATO, Respondent.

G.R. No. 208775, January 22, 2018 - JORGE

DABON, a.k.a. GEORGE DEBONE @ GEORGE,
Petitioner, v. THE PEOPLE OF THE PHILIPPINES,
Respondent.

G.R. No. 208638, January 24, 2018 - SPOUSES

FRANCISCO ONG AND BETTY LIM ONG, AND SPOUSES
JOSEPH ONG CHUAN AND ESPERANZA ONG CHUAN,
Petitioners, v. BPI FAMILY SAVINGS BANK, INC.,
Respondent.

G.R. No. 191460, January 31, 2018 - PERFECTO M.

PASCUA, Petitioner, v. BANK WISE, INC. AND
PHILIPPINE VETERANS BANK, Respondent.; G.R. No.
191464, January 31, 2018 - BANKWISE, INC.,
Petitioner, v. PERFECTO M. PASCUA AND PHILIPPINE
VETERANS BANK, Respondents.

G.R. No. 226400, January 24, 2018 - PEOPLE OF

THE PHILIPPINES, Plaintiff-Appellee, v. JOSELITO
BRINGCULA Y FERNANDEZ, Accused-Appellant.

A.C. No. 10684, January 24, 2018 - ILUMINADA D.

YUZON, Complainant, v. ATTY. ARNULFO M.
AGLERON, Respondent.

G.R. No. 227577, January 24, 2018 - ANGEL

FUELLAS DIZON, Petitioner, v. PEOPLE OF THE
PHILLIPINES, Respondent.

G.R. No. 229512, January 31, 2018 - PEOPLE OF

THE PHILIPPINES, Plaintiff-Appellee, v. RONALDO
PAZ Y DIONISIO @ "JEFF", Accused-Appellant.

G.R. No. 195472, January 08, 2018 - SAMSON LIM

BIO HIAN, Petitioner, v. JOAQUIN LIM ENG TIAN,
Respondent.; G.R. No. 195568, January 08, 2018 -
JOHNSON LIM BIO TIONG, Petitioner, v. JOAQUIN
LIM ENG TIAN, Respondent.

G.R. No. 200401, January 17, 2018 - METRO RAIL

TRANSIT DEVELOPMENT CORPORATION, Petitioner,
v. GAMMON PHILIPPINES, INC., Respondent.

A.M. No. MTJ-18-1908 (Formerly OCA IPI No. 14-

2674-MTJ), January 16, 2018 - BERNARDITA F.
ANTIPORDA, Complainant, v. FRANCISCO A. ANTE,
JR., PRESIDING JUDGE, MUNICIPAL TRIAL COURT IN
CITIES, VIGAN, CITY, ILOCOS SUR, Respondent.

G.R. No. 207613, January 31, 2018 - REYMAN G.

MINSOLA, Petitioner, v. NEW CITY BUILDERS, INC.
AND ENGR. ERNEL FAJARDO, Respondents.

G.R. No. 222317, January 24, 2018 - ST. PAUL

COLLEGE, PASIG, AND SISTER TERESITA BARICAUA,
SPC, Petitioners, v. ANNA LIZA L. MANCOL AND
JENNIFER CECILE S. VALERA, Respondents.

G.R. No. 213465, January 08, 2018 - CAREER

PHILIPPINES SHIPMANAGEMENT, INC.; COLUMBIA
SHIPMANAGEMENT LTD. LIBERIA; AND/OR
SAMPAGUITA D. MARAVE, Petitioners, v. DONARD P.
SILVESTRE, Respondent.

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8/8/2019 G.R. No. 190286, January 11, 2018 - RAMON E. REYES AND CLARA R. PASTOR, Petitioners, v. BANCOM DEVELOPMENT CORP., Respondent. …

G.R. No. 228799, January 10, 2018 - MACTAN

ROCK INDUSTRIES, INC. AND ANTONIO TOMPAR,
Petitioners, v. BENFREI S. GERMO, Respondent.

G.R. No. 224673, January 22, 2018 - CECILIA

RIVAC, Petitioner, v. PEOPLE OF THE PHILIPPINES,
Respondent.

G.R. No. 226103, January 24, 2018 - GENERATO M.

HERNANDEZ, Petitioner, v. MAGSAYSAY MARITIME
CORPORATION, SAFFRON MARITIME LIMITED
AND/OR MARLON R. ROÑO, Respondents.

GR. No. 199081, January 24, 2018 - ASIGA MINING

CORPORATION, Petitioner, v. MANILA MINING
CORPORATION AND BASIANA MINING EXPLORATION
CORPORATION, Respondents.

G.R. No. 203160, January 24, 2018 -

COMMISSIONER OF INTERNAL REVENUE, Petitioner,
v. COVANTA ENERGY PHILIPPINE HOLDINGS, INC.,
Respondent.

G.R. No. 218984, January 24, 2018 - ARMANDO M.

TOLENTINO (DECEASED), HEREIN REPRESENTED BY
HIS SURVIVING SPOUSE MERLA F. TOLENTINO AND
CHILDREN NAMELY: MARIENELA, ALYSSA, ALEXA,
AND AZALEA, ALL SURNAMED TOLENTINO,
Petitioners, v. PHILIPPINE AIRLINES, INC.,
Respondent.

G.R. No. 217135, January 31, 2018 - MANILA

SHIPMANAGEMENT & MANNING, INC., AND/OR
HELLESPONT HAMMONIA GMBH & CO. KG AND/OR
AZUCENA C. DETERA, Petitioners, v. RAMON T.
ANINANG, Respondent.

G.R. No. 210504, January 24, 2018 - HEIRS OF

ALFONSO YUSINGCO, REPRESENTED BY THEIR
ATTORNEY-IN-FACT, TEODORO K. YUSINGCO,
Petitioners, v. AMELITA BUSILAK, COSCA NAVARRO,
FLAVIA CURAYAG AND LIXBERTO1 CASTRO,
Respondents.

G.R. No. 229404, January 24, 2018 - MARILYN B.

ASENTISTA, Petitioner, v. JUPP & COMPANY, INC.,
AND/OR MR. JOSEPH V. ASCUTIA, Respondents.

G.R. No. 233922, January 24, 2018 - MA. VICTORIA

M. GALANG, Petitioner, v. PEAKHOLD FINANCE
CORPORATION AND THE REGISTER OF DEEDS OF
CALOOCAN CITY, Respondents.

A.M. No. 17-11-272-RTC, January 31, 2018 - RE:

DROPPING FROM THE ROLLS OF LEMUEL H.
VENDIOLA, SHERIFF IV, OFFICE OF THE CLERK OF
COURT (OCC), REGIONAL TRIAL COURT OF BIÑAN
CITY, LAGUNA (RTC).

A.C. No. 9129, January 31, 2018 - MARIA EVA DE

MESA, Complainant, v. ATTY. OLIVER O. OLAYBAL,
Respondent.

A.C. No. 9067, January 31, 2018 - MARJORIE A.

APOLINAR-PETILO, Complainant, v. ATTY. ARISTEDES
A. MARAMOT, Respondent.

G.R. No. 229671, January 31, 2018 - PEOPLE OF

THE PHILIPPINES, Plaintiff-Appellee, v. JOVENCITO
MIRANDA Y TIGAS, Accused-Appellant.

G.R. No. 207252, January 24, 2018 - PHILIPPINE

GEOTHERMAL, INC. EMPLOYEES UNION (PGIEU),
Petitioner, v. CHEVRON GEOTHERMAL PHILS.
HOLDINGS, INC., Respondent.

G.R. No. 225929, January 24, 2018 - JOSE V.

GAMBITO, Petitioner, v. ADRIAN OSCAR Z. BACENA,
Respondent.

G.R. No. 222159, January 31, 2018 - PAZ E.

REBADULLA, PERRAIN E. REBADULLA, JOCELYN E.
REBADULLA, CLEVIS E. REBADULLA, HAZEL R.
RIGUERA, ARIEL E. REBADULLA,GIOVANNI CLYDE E.
REBADULLA, ROEL E. STA. MARIA, KLEINER KYLE R.
STA. MARIA, AND KERSCHEL R. STA. MARIA,
Petitioners, v. REPUBLIC OF THE PHILIPPINES, THE
SECRETARY OF PUBLIC WORKS & HIGHWAYS, AND
ENGR. TOMAS L. BUEN, PROJECT MANAGER, DPWH-
PMO-SWIM PROJECT, Respondents.; G.R. No. 222171,
January 31, 2018 - REPUBLIC OF THE PHILIPPINES,
THE SECRETARY OF PUBLIC WORKS AND HIGHWAYS,
AND ENGR. TOMAS L. BUEN, PROJECT MANAGER,
DPWH-PMO-SWIM PROJECT, Petitioners, v. PAZ E.
REBADULLA, PERRAIN E. REBADULLA, JOCELYN E.
REBADULLA, CLEVIS E. REBADULLA, PAZ R. STA.
MARIA, REPRESENTED BY HER COMPULSORY HEIRS
HAZEL R. RIGUERA, ARIEL E. REBADULLA, GIOVANNI
CLYDE E. REBADULLA, ROEL E. STA. MARIA, KLEINER
KYLE R. STA. MARIA, AND KERSCHEL R. STA. MARIA,
Respondents.

G.R. No. 213945, January 24, 2018 - LUCILA

YARED AND HEIRS OF THE LATE ERNESTO YARED,
SR., Petitioners, v. LAND BANK OF THE PHILIPPINES,
Respondent.

G.R. No. 220103, January 31, 2018 - SAN MIGUEL

FOODS, INC., Petitioner, v. HANNIVAL V. RIVERA,
JOVICELL B. FUJA, ENCENARIO B. CORONADO, JR.,

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8/8/2019 G.R. No. 190286, January 11, 2018 - RAMON E. REYES AND CLARA R. PASTOR, Petitioners, v. BANCOM DEVELOPMENT CORP., Respondent. …
LEYLANIE O. GULANE, JOSE PEDRO, REY RELLOROSA,
CHERRY MAY BRAGA, ROGELIO ALSONADO, JOHN DE
VERA, ALBERTO DAGANIO, RHENE PURA, EFREN
ESCOBIDO, ALEXANDER D. BUENAOBRA, SUSIE
VERIDIANO, ROBERTO E. GERMAN, JR., HERMAN B.
ESPANUEVA, JR., MARIONITO D. JUMAO-AS,
ANTHONY ANTONIO, JESSIE GLENN DELA CRUZ,
SOFRONIO SIMPORIOS, JR., RICHARD FLAUTA,
ENRIQUE BUNA, JOJIT ORILLOSA, JONATHAN PENA,
JENNIFER B. CASTILLO, EDGARDO BARBACENA, JOSE
WARLITO INTING, MICHAEL FLORES, LEONCIO M.
ISON, ALEXANDER C. ARELLANO, CARMELITO F.
FUNTANBA, ALMARO M. ROSEL, NORBERTO PONCE B.
PULIDO, JR., ARIAMHER OGANA, DOMINADOR B.
SALAZAR, ANGELITO C. TABUCOL, RENATO C.
ILLUSTRISIMO, ROGELIO M. DE LEON, FELIPE P.
GUILLANO, AND SHIRLY M. TOLENTINO,
Respondents.

A.M. No. RTJ-16-2470 (Formerly OCA IPI No. 12-

3987-RTJ), January 10, 2018 - PROSECUTOR LEO T.
CAHANAP, Complainant, v. JUDGE LEONOR S.
QUIÑONES, REGIONAL TRIAL COURT, BRANCH 6,
ILIGAN CITY, LANAO DEL NORTE, Respondent.

G.R. No. 208197, January 10, 2018 - ARACELI

MAYUGA, SUBSTITUTED BY MARILYN MAYUGA
SANTILLAN FOR AND ON BEHALF OF ALL THE HEIRS,
Petitioner, v. ANTONIO ATIENZA, REPRESENTING THE
HEIRS OF ARMANDO* ATIENZA; BENJAMIN ATIENZA,
JR., REPRESENTING THE HEIRS OF BENJAMIN A.
ATIENZA, SR., Respondents.

G.R. No. 227395, January 10, 2018 - PEOPLE OF

THE PHILIPPINES, Plaintiff-Appellee, v. OSCAR
GIMPAYA AND ROEL GIMPAYA, ACCUSED, OSCAR
GIMPAYA, Accused-Appellant.

G.R. No. 229102, January 29, 2018 - PEOPLE OF

THE PHILIPPINES, Plaintiff-Appellee, v. PHILIP
MAMANGON Y ESPIRITU, Accused-Appellant.

G.R. No. 210961, January 24, 2018 - LEO V. MAGO

AND LEILANIE E. COLOBONG, Petitioners, v. SUN
POWER MANUFACTURING LIMITED, Respondent.

G.R. No. 221862, January 23, 2018 - GEN.

EMMANUEL BAUTISTA, IN HIS CAPACITY AS THE
CHIEF OF STAFF OF THE ARMED FORCES OF THE
PHILIPPINES (AFP), GEN. EDUARDO AÑO, IN HIS
CAPACITY AS COMMANDING OFFICER OF THE
INTELLIGENCE SERVICE OF THE ARMED FORCES OF
THE PHILIPPINES (ISAFP), GEN. HERNANDO
IRIBERRI, IN HIS CAPACITY AS COMMANDING
GENERAL OF THE PHILIPPINE ARMY, GEN. BENITO
ANTONIO T. DE LEON, IN HIS CAPACITY AS
COMMANDING GENERAL OF THE 5TH INFANTRY
DIVISION, AND PC/SUPT. MIGUEL DE MAYO LAUREL,
IN HIS CAPACITY AS CHIEF OF THE ISABELA
PROVINCIAL POLICE OFFICE, Petitioners, v. ATTY.
MARIA CATHERINE DANNUG-SALUCON, Respondent.

 
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