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Philippine Supreme Court Jurisprudence > Year 2017 > July 2017
Decisions > G.R. No. 225051, July 19, 2017 - DEPARTMENT OF
FOREIGN AFFAIRS (DFA), Petitioner, v. BCA INTERNATIONAL
Custom Search Search CORPORATION & AD HOC ARBITRAL TRIBUNAL, COMPOSED OF
CHAIRMAN DANILO L. CONCEPCION AND MEMBERS, CUSTODIO
O. PARLADE AND ANTONIO P. JAMON, JR., Respondents.:
SECOND DIVISION
G.R. No. 225051, July 19, 2017
DEPARTMENT OF FOREIGN AFFAIRS (DFA), Petitioner,
DebtKollect Company, Inc. v. BCA INTERNATIONAL CORPORATION & AD HOC
ARBITRAL TRIBUNAL, COMPOSED OF CHAIRMAN
DANILO L. CONCEPCION AND MEMBERS, CUSTODIO O.
PARLADE AND ANTONIO P. JAMON, JR., Respondents.
DECISION
PERALTA, J.:
This is a petition for certiorari under Rule 65 of the Rules of
Court, seeking to annul and set aside Procedural Order No.
11 dated February 15, 2016 and Procedural Order No. 12
dated June 8, 2016, both issued by the UNCITRAL Ad Hoc
ChanRobles Intellectual Property Arbitral Tribunal in the arbitration proceedings between
Division petitioner Department of Foreign Affairs (DFA) and
respondent BCA International Corporation.
G.R. No. 223678, July 05, 2017 - PEOPLE OF THE DFA is hereby given the period of 20 days from
PHILIPPINES, Plaintiff-Appellee, v. ALFREDO GUNSAY
Y TOLENTINO, Defendant-Appellant.
receipt of this Order to file its Answer to the
Amended Statement of Complaint, and to manifest
G.R. No. 223138, July 05, 2017 - PEOPLE OF THE
PHILIPPINES, Plaintiff-Appellee, v. RICKY before this Tribunal if it will present additional
PRIMAVERA Y REMODO, Accused-Appellant.
evidence in support of its Amended Answer in order
G.R. No. 185647, July 26, 2017 - DY TEBAN
TRADING, INC., Petitioner, v. PETER C. DY, JOHNNY
for the Tribunal to act accordingly.12
C. DY AND RAMON C. DY, Respondents.
On February 18, 2016, respondent filed a Motion for Partial
G.R. No. 203902, July 19, 2017 - SPOUSES
DIONISIO ESTRADA AND JOVITA R. ESTRADA, Reconsideration13 of Procedural Order No. 11 and prayed for
Petitioners, v. PHILIPPINE RABBIT BUS LINES, INC.
AND EDUARDO R. SAYLAN, Respondents. the admission of its Amended Statement of Claims by the
G.R. No. 230481, July 26, 2017 - HOEGH FLEET
Arbitral Tribunal without denying respondent's right to
SERVICES PHILS., INC., AND/OR HOEGH FLEET present evidence on the actual damages, such as attorney's
SERVICES AS, Petitioners, v. BERNARDO M. TURALLO,
Respondent.; G.R. No. 230500 - BERNARDO M. fees and legal cost that it continued to incur.
TURALLO, Petitioner, v. HOEGH FLEET SERVICES
PHILS., INC., AND/OR HOEGH FLEET SERVICES AS,
Respondents. On February 19, 2016, petitioner filed a Motion for
G.R. No. 218910, July 05, 2017 - PEOPLE OF THE Reconsideration of Procedural Order No. 11 and, likewise,
PHILIPPINES, Plaintiff-Appellee, v. LUTHER SABADO,
SATURNINO SABADO Y LOMBOY AND HOSPICIO filed a Motion to Suspend Proceedings dated February 19,
HARUTA Y MARTINEZ, ACCUSED, LUTHER SABADO Y
PANGANGAAN, Accused-Appellant.
2016. Further, on February 29, 2016, petitioner filed its
Comment/Opposition to respondent's Motion for Partial
G.R. No. 220889, July 05, 2017 - PEOPLE OF THE
PHILIPPINES, Plaintiff-Appellee, v. MARLON Reconsideration of Procedural Order No. 11.
BELMONTE Y SUMAGIT, MARVIN BELMONTE Y
SUMAGIT, ENRILE GABAY Y DELA TORRE A.K.A
"PUNO", AND NOEL BAAC Y BERGULA, Accused, --
MARLON BELMONTE Y SUMAGIT, Accused-Appellant.
The Arbitral Tribunal, thereafter, issued Procedural Order No.
12 dated June 8, 2016, which resolved respondent's Motion
G.R. No. 220700, July 10, 2017 - OFFICE OF THE
DEPUTY OMBUDSMAN FOR LUZON, Petitioner, v. for Partial Reconsideration of Procedural Order No. 11,
EUFROCINA CARLOS DIONISIO AND WINIFREDO
SALCEDO MOLINA, Respondents.
disallowing the presentation of additional evidence-in-chief
by respondent to prove the increase in the amount of its
A.M. No. 17-03-03-CA, July 11, 2017 - RE: LETTER
OF RAFAEL DIMAANO REQUESTING INVESTIGATION claim as a limitation to the Tribunals' decision granting
OF THE ALLEGED ILLEGAL ACTIVITIES PURPORTEDLY
PERPETRATED BY ASSOCIATE JUSTICE JANE AURORA respondent's Motion to Amend its Statement of Claims. In
C. LANTION OF THE COURT OF APPEALS, CAGAYAN
DE ORO CITY, AND A CERTAIN ATTY. DOROTHY S.
Procedural Order No. 12, the Tribunal directed the parties to
CAJAYON OF ZAMBOANGA CITY; OCA IPI No. 17-258- submit additional documentary evidence in support of their
CA-J, July 11, 2017 - RE: UNSWORN COMPLAINT OF
ROSA ABDULHARAN AGAINST ASSOCIATE JUSTICE respective positions in relation to the Amended Statement of
JANE AURORA C. LANTION OF THE COURT OF
APPEALS, CAGAYAN DE ORO CITY, AND A CERTAIN
Claims and to which the other party may submit its
ATTY. DOROTHY S. CAJAYON OF ZAMBOANGA CITY comment or objections.
A.C. No. 8450, July 26, 2017 - SPOUSES FELIX AND
FE NAVARRO, Complainants, v. ATTY. MARGARITO G.
YGOÑA, Respondent. Procedural Order No. 12 reads: chanRoblesvirtualLawlibrary
A.C. No. 11663, July 31, 2017 - NANETTE B. SISON, For resolution is the partial Motion for
REPRESENTED BY DELIA B. SARABIA, Complainant, v.
ATTY. SHERDALE M. VALDEZ, Respondent. Reconsideration of the Tribunal's Procedural Order
G.R. No. 225054, July 17, 2017 - PEOPLE OF THE
No. 11 disallowing the presentation of additional
PHILIPPINES, Plaintiff-Appellee, v. AGAPITO evidence-in-chief by Claimant to prove the increase
DIMAALA Y ARELA, Accused-Appellant.
in the amount of its Claim as a limitation to this
A.C. No. 6933, July 05, 2017 - GREGORIO V.
CAPINPIN, JR., Complainant, v. ATTY. ESTANISLAO L. Tribunal's decision granting Claimant's Motion to
CESA, JR., Respondent.
Amend its Statement of Claims.
G.R. No. 213922, July 05, 2017 - PEOPLE OF THE
PHILIPPINES, Plaintiff-Appellee, v. ROMMEL
DIPUTADO, Accused-Appellant. After a careful consideration of all the arguments
A.M. No. P-06-2253 (Formerly A.M. No. 06-9-297-
presented by the Parties in their pleadings, the
MTC), July 12, 2017 - THE OFFICE OF THE COURT Tribunal hereby decides to allow the submission of
ADMINISTRATOR, Complainant, v. ELIZABETH R.
TENGCO, CLERK OF COURT II, MUNICIPAL TRIAL additional documentary evidence by any Party in
COURT, STA. CRUZ, LAGUNA, Respondent.; A.M. No.
P-07-2360 (Formerly OCA IPI No. 06-2427-P), July support of its position in relation to the Amended
12, 2017 - JUDGE ELPIDIO R. CALIS, Complainant, v.
ELIZABETH R. TENGCO, CLERK OF COURT II,
Statement of Claims and to which the other may
MUNICIPAL TRIAL COURT, STA. CRUZ, LAGUNA, submit its comments or objections. The Tribunal,
Respondent.; A.M. No. P-13-3157 (Formerly A.M. No.
12-4-30-MTC), July 12, 2017 - THE OFFICE OF THE however, will still not allow the taking of testimonial
COURT ADMINISTRATOR, Complainant, v. ELIZABETH
R. TENGCO, FORMER CLERK OF COURT II, MUNICIPAL
evidence from any witness by any Party. The
TRIAL COURT, STA. CRUZ, Respondent. Tribunal allowed the amendment of the Statement of
G.R. No. 231671, July 25, 2017 - ALEXANDER A. Claims but only for the purpose of making the
PADILLA, RENE A.V. SAGUISAG, CHRISTIAN S.
MONSOD, LORETTA ANN P. ROSALES, RENE B. Statement of Claims conform with the evidence that
GOROSPE, AND SENATOR LEILA M. DE LIMA,
Petitioners, v. CONGRESS OF THE PHILIPPINES,
had already been presented, assuming that, indeed,
CONSISTING OF THE SENATE OF THE PHILIPPINES, it was the case. In resting its case, Respondent must
AS REPRESENTED BY SENATE PRESIDENT AQUILINO
"KOKO" PIMENTEL III, AND THE HOUSE OF have already dealt with and addressed the evidence
REPRESENTATIVES, AS REPRESENTED BY HOUSE
SPEAKER PANTALEON D. ALVAREZ, Respondents.;
that had already been presented by Claimant and
G.R. No. 231694 - FORMER SEN. WIGBERTO E. that allegedly supports the amended Claim.
TAÑADA, BISHOP EMERITUS DEOGRACIAS S.
IÑIGUEZ, BISHOP BRODERICK PABILLO, BISHOP However, in order to give the Parties more
ANTONIO R. TOBIAS, MO. ADELAIDA YGRUBAY,
SHAMAH BULANGIS AND CASSANDRA D. DELURIA, opportunity to prove their respective positions,
Petitioners, v. CONGRESS OF THE PHILIPPINES,
CONSISTING OF THE SENATE AND THE HOUSE OF
additional evidence shall be accepted by the
REPRESENTATIVES, AQUILINO "KOKO" PIMENTEL Tribunal, but only documentary evidence.
III, PRESIDENT, SENATE OF THE PHILIPPINES, AND
PANTALEON D. ALVAREZ, SPEAKER, HOUSE OF THE
REPRESENTATIVES, Respondents.
Wherefore, Procedural Order No. 11 is modified
G.R. No. 201018, July 12, 2017 - UNITED COCONUT accordingly. The Claimant is given until 25 June
CHEMICALS, INC., Petitioner, v. VICTORIANO B.
VALMORES, Respondent. 2016 to submit its additional documentary evidence
A.C. No. 11668, July 17, 2017 - JOY T. SAMONTE, in support of the Amended Statement of Claims.
Complainant, v. ATTY. VIVENCIO V. JUMAMIL,
Respondent.
Respondent is given until 15 July 2016 to file its
Answer to the Amended Statement of Claims,
G.R. No. 227757, July 25, 2017 - REPRESENTATIVE
TEDDY BRAWNER BAGUILAT, JR., REPRESENTATIVE together with all the documentary evidence in
EDCEL C. LAGMAN, REPRESENTATIVE RAUL A. DAZA,
REPRESENTATIVE EDGAR R. ERICE, REPRESENTATIVE
support of its position. Claimant is given until 30
EMMANUEL A. BILLONES, REPRESENTATIVE July 2016 to comment or oppose the Answer and
TOMASITO S. VILLARIN, AND REPRESENTATIVE GARY
C. ALEJANO, Petitioners, v. SPEAKER PANTALEON D. the supporting documentary evidence, while
ALVAREZ, MAJORITY LEADER RODOLFO C. FARIÑAS,
AND REPRESENTATIVE DANILO E. SUAREZ, Respondent is given until 14 August 2016 to file its
Respondents.
comment or opposition to the Claimant's
G.R. No. 220458, July 26, 2017 - PEOPLE OF THE submission, together with any supporting
PHILIPPINES, Plaintiff-Appellee, v. ROSARIO
BALADJAY, Accused-Appellant. documentary evidence. Thereafter, hearing of the
A.C. No. 5161, July 11, 2017 - RE: IN THE MATTER
case shall be deemed terminated. The periods
OF THE PETITION FOR REINSTATEMENT OF ROLANDO allowed herein are non-extendible and the Tribunal
S. TORRES AS A MEMBER OF THE PHILIPPINE BAR. --
ROLANDO S. TORRES, Petitioner. will not act on any motion for extension of time to
G.R. No. 207193, July 24, 2017 - ROBLE BARBOSA comply.
AND RAMDY BARBOSA, Petitioners, v. PEOPLE OF THE
PHILIPPINES, Respondent.
The Parties shall submit their Formal Offer of
G.R. No. 215200, July 26, 2017 - PEOPLE OF THE
PHILIPPINES, Plaintiff-Appellee, v. NOMERTO Evidence, in the manner previously agreed upon, on
NAPOLES Y BAJAS, Accused-Appellant.
20 September 2016 while their respective
A.C. No. 1346, July 25, 2017 - PACES INDUSTRIAL Memorandum shall be filed on 20 October 2016. The
CORPORATION, Petitioner, v. ATTY. EDGARDO M.
SALANDANAN, Respondent. Reply Memoranda of the Parties shall be filed on 20
A.M. No. MTJ-15-1854 [Formerly A.M. No. 14-4-50- November 2016. Thereafter, with or without the
MCTC], July 11, 2017 - OFFICE OF THE COURT
ADMINISTRATOR, Complainant, v. PRESIDING JUDGE
foregoing submissions, the case shall be deemed
BILL D. BUYUCAN AND CLERK OF COURT GERARD N.
LINDAWAN, BOTH AT MUNICIPAL CIRCUIT TRIAL
submitted for Resolution.14
COURT, BAGABAG-DIADI, NUEVA VIZCAYA,
Respondents. As Procedural Order No. 12 denied petitioner's motion for
G.R. No. 212616, July 10, 2017 - DISTRIBUTION & reconsideration of Procedural Order No. 11, petitioner filed
CONTROL PRODUCTS, INC./VINCENT M. TIAMSIC,
Petitioners, v. JEFFREY E. SANTOS, Respondent.
this petition for certiorari under Rule 65 of the Rules of Court
with application for issuance of a temporary restraining order
G.R. No. 220759, July 24, 2017 - PEOPLE OF THE
PHILIPPINES, Plaintiff-Appellee, v. ARMANDO and/or writ of preliminary injunction, seeking to annul and
MENDOZA Y POTOLIN A.K.A. "JOJO," Accused-
Appellant.
set aside Procedural Order No. 11 dated February 15, 2016
and Procedural Order No. 12 dated June 8, 2016.
G.R. No. 219649, July 26, 2017 - AL DELA CRUZ,
Petitioner, v. CAPT. RENATO OCTAVIANO AND WILMA
OCTAVIANO, Respondents.
Petitioner stated that it opted to file the petition directly with
G.R. No. 212098, July 26, 2017 - JULIO C. ESPERE,
Petitioner, v. NFD INTERNATIONAL MANNING
this court in view of the immensity of the claim concerned,
AGENTS, INC./TARGET SHIP MANAGEMENT PTE significance of the public interest involved in this case, and
LTD./CYNTHIA SANCHEZ, Respondents.
the circumvention of the temporary restraining order issued
G.R. No. 181474, July 26, 2017 - PEOPLE OF THE
PHILIPPINES, Plaintiff-Appellee, v. ROMALDO
by this Court in Department of Foreign Affairs v. BCA
LUMAYAG Y DELA CRUZ, DIONY OPINIANO Y International Corporation, docketed as G.R. No. 210858. It
VERANO, AND JERRY1 DELA CRUZ Y DIAZ, ACCUSED,
DIONY OPINIANO Y VERANO, Accused-Appellant. cited Department of Foreign Affairs, et al. v. Hon. Judge
G.R. No. 228412, July 26, 2017 - ALASKA MILK Falcon,15 wherein the Court overlooked the rule on hierarchy
CORPORATION AND THE ESTATE OF WILFRED
UYTENGSU, Petitioners, v. ERNESTO L. PONCE, of courts and took cognizance of the petition for certiorari.
Respondent.; G.R. No. 228439, 26 July 2017 -
ERNESTO L. PONCE, Petitioner, v. ALASKA MILK
CORPORATION, ROYAL FRIESLAND CAMPINA (RFC), Petitioner raised these issues: chanRoblesvirtualLawlibrary
LADRA, Accused-Appellant.
G.R. No. 199825, July 26, 2017 - BRO. BERNARD The extent of court intervention in domestic arbitration is
OCA, BRO. DENNIS MAGBANUA, CIRILA N. MOJICA,
ALEJANDRO N. MOJICA, JOSEFINA PASCUAL, specified in the IRR ofRA No. 9285, thus: chanRoblesvirtualLawlibrary
Arbitrator,31 Evidence,32
LAURITO, REPRESENTED BY: DOMINADOR LAURITO,
Respondents.; HEIRS OF RUFINA MANARIN, NAMELY: Assistance in Taking
Confidentiality/Protective Orders,33 Confirmation, Correction
CONSUELO M. LOYOLA-BARUGA, ROSY M. LOYOLA--
GONZALES, BIENVENIDO L. RIVERA, REYNALDO L.
G.R. No. 230664, July 24, 2017 - EDWARD M. Under the Special ADR Rules, review by the Supreme Court
COSUE, Petitioner, v. FERRITZ INTEGRATED
DEVELOPMENT CORPORATION, MELISSA TANYA F.
of an appeal by certiorari is not a matter of right, thus: chanRoblesvirtualLawlibrary
SO ORDERED.