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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.:

ChanRobles On-Line Bar Review

G.R. No. 225051, July 19, 2017 - DEPARTMENT OF FOREIGN


AFFAIRS (DFA), Petitioner, 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.

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.

The facts are as follows:

In an Amended Build-Operate-Transfer (BOT) Agreement1


dated April 5, 2002 (Agreement), petitioner DFA awarded
the Machine Readable Passport and Visa Project (MRP/V
Project) to respondent BCA International Corporation. In the
course of implementing the MRPN Project, conflict arose and
petitioner sought to terminate the Agreement.

Respondent opposed the termination and filed a Request for


Arbitration on April 20, 2006. The Arbitral Tribunal was
constituted on June 29, 2009.2

In its Statement of Claims3 dated August 24, 2009,


respondent sought the following reliefs against petitioner:
(a) a judgment nullifying and setting aside the Notice of
Termination dated December 9, 2005 of the DFA, including
its demand to BCA to pay liquidated damages equivalent to
July-2017 Jurisprudence
the corresponding performance security bond posted by
G.R. No. 170341, July 05, 2017 - MANILA BULLETIN
PUBLISHING CORPORATION AND RUTHER BATUIGAS,
BCA; (b) a judgment confirming the Notice of Default dated
Petitioners, v. VICTOR A. DOMINGO AND THE PEOPLE December 22, 2005 issued by BCA to the DFA and ordering
OF THE PHILIPPINES, Respondents.
the DFA to perform its obligation under the Amended BOT
G.R. No. 211170, July 03, 2017 - SPOUSES MAXIMO
ESPINOZA AND WINIFREDA DE VERA, Petitioners, v. Agreement dated April 5, 2002 by approving the site of the
SPOUSES ANTONIO MAYANDOC AND ERLINDA
CAYABYAB MAYANDOC, Respondents.
Central Facility at the Star Mall Complex in Shaw Boulevard,
Mandaluyong City, within five days from receipt of the
G.R. No. 224395, July 03, 2017 - DISCIPLINARY
BOARD, LAND TRANSPORTATION OFFICE; ATTY. Arbitral Award; (c) a judgment ordering the DFA to pay
TEOFILO E. GUADIZ, CHAIRMAN; ATTY. NOREEN
BERNADETTE SAN LUIS-LUTEY; AND PUTIWAS
damages to BCA, reasonably estimated at P100,000,000.00
MALAMBUT, MEMBERS; ATTY. MERCY JANE B. as of this date, representing lost business opportunities;
PARAS​-LEYNES, SPECIAL PROSECUTOR; AND ATTY.
ROBERTO P. CABRERA III, ASSISTANT SECRETARY OF financing fees, costs and commissions; travel expenses;
THE LAND TRANSPORTATION OFFICE, Petitioners, v.
MERCEDITA E. GUTIERREZ, Respondent. legal fees and expenses; and cost of arbitration, including
G.R. No. 213424, July 11, 2017 - LAND BANK OF
the fees of the members of the Arbitral Tribunal; and (d)
THE PHILIPPINES, Petitioner, v. COMMISSION ON other just or equitable relief.
AUDIT (COA), JANET D. NACION, ANTONIO L.
CASTILLO, LEAH S. DAGUIO, VIRGINIA G. DATUKON,
ELSA H. RAMOS-MAPILI, CECILIA C. RACIMO,
FLORENTINA N. SAGABAEN, IRENE P. SALVANERA,
On October 5, 2013, respondent manifested that it shall file
NIMFA VILLAROMAN-SANTOS, TERESITA D. TEVES, an Amended Statement of Claims so that its claim may
AND LILIAN F. VARELA, Respondents.
conform to the evidence they have presented.4
G.R. No. 218384, July 03, 2017 - JOHN L. BORJA
AND AUBREY L. BORJA/DONG JUAN, Petitioners, v.
RANDY B. MIÑOZA AND ALAINE S. BANDALAN,
Respondents. Petitioner opposed respondent's manifestation, arguing that
G.R. No. 224515, July 03, 2017 - REMEDIOS V.
such amendment at the very late stage of the proceedings
GEÑORGA, Petitioner, v. HEIRS OF JULIAN MELITON, will cause undue prejudice to its interests. However, the
REPRESENTED BY ROBERTO MELITON AS ATTORNEY-
IN-FACT, IRENE MELITON, HENRY MELITON, Arbitral Tribunal gave respondent a period of time within
ROBERTO MELITON, HAIDE* MELITON, AND MARIA
FE MELITON ESPINOSA, Respondents.
which to file its Amended Statement of Claims and gave
G.R. No. 202308, July 05, 2017 - PHILIPPINE
petitioner time to formally interpose its objections.5
NATIONAL BANK, Petitioner, v. JUMELITO T.
DALMACIO, Respondent.; G.R. No. 202357 -
JUMELITO T. DALMACIO, Petitioner, v. PHILIPPINE In the Amended Statement of Claims6 dated October 25,
NATIONAL BANK AND/OR MS. CYNTHIA JAVIER,
Respondents. 2013, respondent interposed the alternative relief that, in
A.M. No. SB-17-24-P [Formerly A.M. No. 14-12-07- the event specific performance by petitioner was no longer
SB], July 11, 2017 - SECURITY AND SHERIFF
DIVISION, SANDIGANBAYAN, Complainant, v.
possible, petitioner prayed that the Arbitral Tribunal shall
RONALD ALLAN GOLE R. CRUZ, SECURITY GUARD I, render judgment ordering petitioner to pay respondent
SECURITY AND SHERIFF DIVISION, Respondent.
P1,648,611,531.00, representing the net income respondent
G.R. No. 220057, July 12, 2017 - RENE MICHAEL
FRENCH, Petitioner, v. COURT OF APPEALS,
is expected to earn under the Agreement, and
EIGHTEENTH DIVISION, CEBU CITY AND MAGDALENA P100,000,000.00 as exemplary, temperate or nominal
O'DELL, REPRESENTED BY HECTOR P. TEODOSIO AS
HER ATTORNEY-IN-FACT, Respondents. damages.7
G.R. No. 227894, July 05, 2017 - JOSE S. OCAMPO,
Petitioner, v. RICARDO S. OCAMPO, SR., Respondent.
In an Opposition dated December 19, 2013, petitioner
G.R. No. 212641, July 05, 2017 - ANGELICA A.
FAJARDO, Petitioner, v. MARIO J. CORRAL,
objected to respondent's Amended Statement of Claims,
Respondent. averring that its belated filing violates its right to due
G.R. No. 223513, July 05, 2017 - PEOPLE OF THE process and will prejudice its interest and that the Tribunal
PHILIPPINES, Plaintiff-Appellee, v. ALEX AMAR Y
MONTANO, Accused-Appellant.
has no jurisdiction over the alternative reliefs sought by
G.R. No. 223862, July 10, 2017 - HON. MYLYN P.
respondent.8
CAYABYAB, IN HER CAPACITY AS THE MUNICIPAL
MAYOR OF LUBAO, PAMPANGA, AND ANGELITO L.
DAVID, IN HIS CAPACITY AS THE BARANGAY On August 6, 2014, respondent filed a Motion to Withdraw
Amended Statement of Claims9 in the light of petitioner's
CHAIRMAN OF PRADO SIONGCO, LUBAO, PAMPANGA,
REPRESENTED BY THEIR ATTORNEY-IN-FACT,
EMMANUEL SANTOS, Petitioners, v. JAIME C.
DIMSON, REPRESENTED BY HIS ATTORNEYS-IN- opposition to the admission of the Amended Statement of
FACT, CARMELA R. DIMSON AND IRENE R. DIMSON,
Respondent.
Claims and to avoid further delay in the arbitration of its
claims, without prejudice to the filing of such claims for
G.R. No. 216124, July 19, 2017 - RIZAL
COMMERCIAL BANKING CORPORATION, Petitioner, v. liquidated and other damages at the appropriate time and
FEDERICO A. SERRA, SPOUSES EDUARDO AND
HENEDINA ANDUEZA, ATTY. LEOMAR R. LANUZA, MR.
proceeding. Thereafter, respondent filed a motion to resume
JOVITO C. SORIANO, ATTY. EDWIN L. RANA, ATTY. proceedings.
PARIS G. REAL, ATTY. PRUDENCIO B. DENSING, JR.,
HON. JUDGE MAXIMINO R. ABLES, AND ATTY. ERWIN
S. OLIVA, Respondents.
However, on May 4, 2015, respondent filed anew a Motion to
G.R. No. 188057, July 12, 2017 - HILLTOP MARKET
FISH VENDORS' ASSOCIATION, INC., Petitioner, v.
Admit Attache,d Amended Statement of Claims dated April
HON. BRAULIO YARANON, CITY MAYOR, BAGUIO 30, 2015, increasing the actual damages sought to
CITY, HON. GALO WEYGAN, CITY COUNCILOR AND
CHAIRMAN ANTI-VICE COORDINATING TASK FORCE, P390,000,000.00, plus an additional P10,000,000.00 for
exemplary, temperate or nominal damages.10
AND THE CITY GOVERNMENT OF BAGUIO,
Respondents.

G.R. No. 190590, July 12, 2017 - ROBERTO V. SAN


JOSE AND DELFIN P. ANGCAO, Petitioners, v. JOSE On November 6, 2015, petitioner filed an Opposition to the
MA. OZAMIZ, Respondent.
Motion to Admit Attached Amended Statement of Claims.
G.R. No. 167952, July 05, 2017 - GONZALO PUYAT
& SONS, INC., Petitioner, v. RUBEN ALCAIDE
(DECEASED), SUBSTITUTED BY GLORIA ALCAIDE,
REPRESENTATIVE OF THE FARMER​ BENEFICIARIES, In Procedural Order No. 1111 dated F bruary 15, 2016, the
Respondent. Arbitral Tribunal granted respondent's Motion to Admit
G.R. No. 225051, July 19, 2017 - DEPARTMENT OF Attached Amended Statement of Claims dated April 30, 2015
FOREIGN AFFAIRS (DFA), Petitioner, v. BCA
INTERNATIONAL CORPORATION & AD HOC ARBITRAL on the premise that respondent would no longer present any
TRIBUNAL, COMPOSED OF CHAIRMAN DANILO L.
CONCEPCION AND MEMBERS, CUSTODIO O. PARLADE
additional evidence in-chietPetitioner was given a period of
AND ANTONIO P. JAMON, JR., Respondents. 20 days from receipt of the Order to file its Answer to the
G.R. No. 220926, July 05, 2017 - LUIS JUAN L. Amended Statement of Claims and to manifest before the
VIRATA AND UEM-​MARA PHILIPPINES CORPORATION
(NOW KNOWN AS CAVITEX INFRASTRUCTURE Tribunal if it will present additional evidence in support of its
CORPORATION), Petitioners, v. ALEJANDRO NG WEE,
WESTMONT INVESTMENT CORP., ANTHONY T. REYES,
Amended Answer in order for the Tribunal to act accordingly.
SIMEON CUA, VICENTE CUALOPING, HENRY
CUALOPING, MARIZA SANTOS​TAN, AND MANUEL
ESTRELLA, Respondents.; G.R. No. 221058 - Procedural Order No. 11 reads:
WESTMONT INVESTMENT, CORPORATION, Petitioner,
v. ALEJANDRO NG WEE, Respondent.; G.R. No. For resolution by the Tribunal is BCA's Motion to
221109 - MANUEL ESTRELLA, Petitioner, v.
ALEJANDRO NG WEE, Respondent.; G.R. No. 221135 - Admit the Amended Statement of Claim dated 30
SIMEON CUA, VICENTE CUALOPING, AND HENRY
CUALOPING, Petitioners, v. ALEJANDRO NG WEE, April2015 objected to by DFA in its Opposition dated
Respondent.; G.R. No. 221218 - ANTHONY T. REYES,
Petitioner, v. ALEJANDRO NG WEE, LUIS JUAN
6 November 2015.
VIRATA, UEM-MARA PHILIPPINES CORP., WESTMONT
INVESTMENT CORP., MARIZA SANTOS-TAN, SIMEON
CUA, VICENTE CUALOPING, HENRY CUALOPING, AND BCA's Counsel made representations during the
MANUEL ESTRELLA, Respondents.
hearings that the Amendment is for the simple
G.R. No. 204544, July 03, 2017 - MARLON BACERRA purpose of making the Statement of Claim conform
Y TABONES, Petitioner, v. PEOPLE OF THE
PHILIPPINES, Respondent. with what BCA believes it was able to prove in the
G.R. No. 209555, July 31, 2017 - UNITED course of the proceedings and that the Amendment
POLYRESINS, INC., ERNESTO UY SOON, JR., AND/OR
JULITO UY SOON, Petitioners, v. MARCELINO
will no longer require the presentation of any
PINUELA, Respondent. additional evidence-in-chief.
G.R. No. 217982, July 10, 2017 - PEOPLE OF THE
PHILIPPINES, Plaintiff-Appellee, v. ROLLY DIZON Y
TAGULAYLAY, Accused-Appellant.
Without ruling on what BCA was able to prove, the
Tribunal hereby grants the Motion to Admit on the
G.R. No. 208000, July 26, 2017 - VIRGEL DAVE
JAPOS, Petitioner, v. FIRST AGRARIAN REFORM premise that BCA will no longer present any
MULTI-PURPOSE COOPERATIVE (FARMCOOP) AND-
OR CRISLINO BAGARES, Respondents. additional evidence-in-chief to prove the bigger
G.R. No. 214340, July 19, 2017 - PEOPLE OF THE
claim in the Amended Statement.
PHILIPPINES, Plaintiff-Appellee, v. GILDA
ABELLANOSA, Accused-Appellant.
For the additional claim of 300 million pesos, BCA
G.R. No. 215332, July 24, 2017 - PEOPLE OF THE
PHILIPPINES, Plaintiff-Appellee, v. MARK GAMBA Y
should pay the additional fee of 5% or 15 million
NISSORADA, Accused-Appellant. pesos. Having paid 12 million pesos, the balance of
G.R. No. 215029, July 05, 2017 - SUMMIT ONE 3 million pesos shall be payable upon submission of
CONDOMINIUM CORPORATION, Petitioner, v.
POLLUTION ADJUDICATION BOARD AND this case for resolution. No award shall be issued
ENVIRONMENTAL MANAGEMENT BUREAU - NATIONAL
CAPITAL REGION, Respondent.
and promulgated by the Tribunal unless the balance
of 40% in the Arbitrators' fees for the original Claim
G.R. No. 204617, July 10, 2017 - ESPERANZA
BERBOSO, Petitioner, v. VICTORIA CABRAL, and Counterclaim, respectively, and the balance of 3
Respondent.
million for the Amended Claim, are all fully paid by
A.C. No. 10553, July 05, 2017 - FILIPINAS O. the parties.
CELEDONIO, Complainant, v. ATTY. JAIME F.
ESTRABILLO, Respondent.

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

AS SUCCESSORS-IN-INTEREST AND SOLIDARY


DEBTORS WITH THE ESTATE OF WILFRED UYTENGSU,
ALASKA MILK WORKERS UNION AND FREDDIE
THE AD HOC ARBITRAL TRIBUNAL COMMITTED
BAUTISTA, Respondents. GRAVE ABUSE OF DISCRETION AMOUNTING TO
G.R. No. 206916, July 03, 2017 - PEOPLE OF THE LACK OR EXCESS OF JURISDICTION WHEN IT
PHILIPPINES, Plaintiff-Appellee, v. JOSEPH SAN JOSE
Y GREGORIO AND JONATHAN SAN JOSE Y GREGORIO, ADMITTED THE AMENDED STATEMENT OF CLAIMS
Accused-Appellants.
DATED 30 APRIL 2015 NOTWITHSTANDING THAT: chanRoblesvirtualLawlibrary

G.R. No. 191458, July 03, 2017 - CHINATRUST


(PHILS.) COMMERCIAL BANK, Petitioner, v. PHILIP I. THE AMENDMENT CAUSES UNDUE
TURNER, Respondent.
DELAY AND PREJUDICE TO PETITIONER
G.R. No. 228296, July 26, 2017 - GRIEG
PHILIPPINES, INC., GRIEG SHIPPING GROUP AS,
DFA;
AND/OR MANUEL F. ORTIZ, Petitioners, v. MICHAEL
JOHN M. GONZALES, Respondent.
II. THE ALTERNATIVE RELIEF IN THE
G.R. No. 198196, July 17, 2017 - SPOUSES LORETO
AND MILAGROS SIBAY AND SPOUSES RUEL AND
AMENDED STATEMENT OF CLAIMS
OLGA ELAS, Petitioners, v. SPOUSES BIENVENIDO FALLS OUTSIDE THE SCOPE OF THE
AND JUANITA BERMUDEZ, Respondents.
ARBITRATION CLAUSE; HENCE,
G.R. No. 197526, July 26, 2017 - CE LUZON
GEOTHERMAL POWER COMPANY, INC., Petitioner, v. OUTSIDE THE JURISDICTION OF THE
COMMISSIONER OF INTERNAL REVENUE,
Respondent.; G.R. No. 199676-77, July 26, 2017 -
AD HOC ARBITRAL TRIBUNAL;
REPUBLIC OF THE PHILIPPINES, REPRESENTED BY
THE BUREAU OF INTERNAL REVENUE, Petitioner, v.
CE LUZON GEOTHERMAL POWER COMPANY, INC., III. THE AMENDMENT CIRCUMVENTS THE
Respondent.
TEMPORARY RESTRAINING ORDER
G.R. No. 221424, July 19, 2017 - PEOPLE OF THE DATED 02 APRIL 2014 ISSUED BY THIS
PHILIPPINES, Plaintiff-Appellee, v. ROBELYN
CABANADA Y ROSAURO, Accused-Appellant. HONORABLE COURT IN G.R. NO.
G.R. No. 219885, July 17, 2017 - PEOPLE OF THE 210858; AND
PHILIPPINES, Appellee, v. AUGUSTO F. GALLANOSA,
JR., Appellant.
IV. PROCEDURAL ORDER NO. 12 DATED 8
G.R. No. 173120 & 173141, July 26, 2017 -
SPOUSES YU HWA PING AND MARY GAW, Petitioners, JUNE 2016 VIOLATES PETITIONER
DFA'S RIGHT TO DUE PROCESS.16
v. AYALA LAND, INC., Respondent.; G.R. No. 173141,
July 26, 2017 - HEIRS OF SPOUSES ANDRES DIAZ
AND JOSEFA MIA, Petitioners, v. AYALA LAND, INC.,
Respondent. Petitioner states that Article 20 of the 1976 UNCITRAL
G.R. No. 183408, July 12, 2017 - COMMISSIONER Arbitration Rules grants a tribunal the discretion to deny a
OF INTERNAL REVENUE, Petitioner, v. LANCASTER
PHILIPPINES, INC., Respondent. motion to amend where the tribunal "considers it
G.R. No. 217345, July 12, 2017 - WILMER O. DE
inappropriate to allow such amendment having regard to the
ANDRES, Petitioner, v. DIAMOND H MARINE delay in making it or prejudice to the other party or any
SERVICES & SHIPPING AGENCY, INC., WU CHUN HUA
AND RUBEN J. TURINGAN, Respondents. other circumstances." It further proscribes an amendment
G.R.. No. 214529, July 12, 2017 - JERRYSUS L.
where "the amended claim falls outside the scope of the
TILAR, Petitioner, v. REPUBLIC OF THE PHILIPPINES, arbitral clause or separate arbitration agreement."
Respondents.

G.R. No. 214300, July 26, 2017 - PEOPLE OF THE


PHILIPPINES, Petitioner, v. MANUEL ESCOBAR, Petitioner contends that respondent's Motion to Admit
Respondent.
Attached Amended Statement of Claims dated April 30, 2015
A.C. No. 11482, July 17, 2017 - JOCELYN IGNACIO, should have been denied by the Arbitral Tribunal as there
Complainant, v. ATTY. DANIEL T. ALVIAR,
Respondent. has been delay and prejudice to it. Moreover, other
G.R. No. 213192, July 12, 2017 - TERESA R.
circumstances such as fair and efficient administration of the
IGNACIO, Petitioner, v. RAMON REYES, FLORENCIO proceedings should have warranted the denial of the motion
REYES, JR., ROSARIO R. DU AND CARMELITA R.
PASTOR, Respondents. to amend. Finally, the Arbitral Tribunal did not have
A.M. No. MTJ-16-1883 (Formerly OCA IPI No. 12- jurisdiction over the amended claims.
2497-MTJ), July 11, 2017 - EMMA G. ALFELOR,
Complainant, v. HON. AUGUSTUS C. DIAZ, PRESIDING
JUDGE, METROPOLITAN TRIAL COURT, BRANCH 37, Petitioner prays that a temporary restraining order and/or
QUEZON CITY, Respondent.
writ of preliminary injunction be issued enjoining the Arbitral
A.C. No. 10580, July 12, 2017 - SPOUSES GERALDY
AND LILIBETH VICTORY, Complainants, v. ATTY.
Tribunal from implementing Procedural Order No. 11 dated
MARIAN JO S. MERCADO, Respondent. February 15, 2016 and Procedural Order No. 12 dated June
A.C. No. 9919, July 19, 2017 - DR. EDUARDO R. 8, 2016; that the said Procedural Orders be nullified for
ALICIAS, JR. COMPLAINANT, VS. ATTY. VIVENCIO S.
BACLIG, Respondent. having been rendered in violation of the 1976 UNCITRAL
A.C. No. 7824, July 19, 2017 - ELIEZER F. CASTRO
Arbitration Rules and this Court's Resolution dated April 2,
AND BETHULIA C. CASAFRANCISCO, Complainants, v. 2014 rendered in G.R. No. 210858; that respondent's
ATTY. JOHN BIGAY, JR. AND ATTY. JUAN SIAPNO, JR.,
Respondents. Amended Statement of Claims dated April 30, 2015 be
G.R. No. 196412, July 19, 2017 - LAND BANK OF
denied admission; and, if this Court affirms the admission of
THE PHILIPPINES, Petitioner, v. MIGUEL OMENGAN, respondent's Amended Statement of Claims, petitioner be
Respondent.
allowed to present testimonial evidence to refute the
G.R. No. 174670, July 26, 2017 - PHILCONTRUST
RESOURCES INC. (FORMERLY KNOWN AS INTER-ASIA allegations and reliefs in the Amended Statement of Claims
LAND CORPORATION), Petitioner, v.
SANTIAGO, LITO PALANGANAN, OLIMPIA ERCE,
CARLOS
and to prove its additional defenses or claims in its Answer
TAGUMPAY REYES, DOMINGO LUNA, RICARDO DIGO, to the Amended Statement of Claims or Amended Statement
FRANCIS DIGO, VIRGILIO DIGO, CORAZON DIGO,
WILBERT SORTEJAS, ADRIEL SANTIAGO, CARLOS of Defense with Counterclaims.
SANTIAGO JR., SEGUNDO BALDONANSA, RODRIGO
DIGO, PAULINO MENDOZA, SOFRONIO OLEGARIO,
BERNARD MENDOZA, JUN DELPINADO, EDILBERTO Petitioner contends that the parties in this case have agreed
CABEL, ERINITO MAGSAEL, HONORIO BOURBON,
MAURICIO SENARES, RICARTE DE GUZMAN, MANUEL to refer any dispute to arbitration under the 1976 UNCITRAL
DE CASTRO, CENON MOSO, JESUS EBDANI, DOMINGO
HOLGADO, LETICIA PELLE, REY SELLATORES, EFREN Arbitration Rules and to compel a party to be bound by the
CABRERA, RONNIE DIGO, RENATO OLIMPIAD,
RICARDO LAGARDE, ERIC DIGO, ISAGANI SENARES,
application of a different rule on arbitration such as the
CANCIANO PAYAD, MELITONA PALANGANAN, Alternative Dispute Resolution (ADR) Act of 2004 or Republic
VIRGILIO PERENA, EDGARDO PAYAD, WINNIE
CABANSAG, WINNIE AVINANTE, AND VALENTINA Act (RA) No. 9285 transgresses such vested right and
SANTIAGO, Respondents.
amounts to vitiation of consent to participate in the
G.R. No. 227695, July 31, 2017 - GENPACT arbitration proceedings.
SERVICES, INC., AND DANILO SEBASTIAN REYES,
Petitioners, v. MARIA KATRINA SANTOS​FALCESO,
JANICE ANN* M. MENDOZA, AND JEFFREY S.
MARIANO, Respondents. In its Comment, respondent contends that this Court has no
G.R. No. 227038, July 31, 2017 - JEFFREY MIGUEL Y
jurisdiction to intervene in a private arbitration, which is a
REMEGIO, Petitioner, v. PEOPLE OF THE special proceeding governed by the ADR Act of 2004, its
PHILIPPINES, Respondent.
Implementing Rules and Regulations (IRR) and the Special
G.R. No. 202342, July 19, 2017 - AMA LAND, INC.,
Petitioner, v. WACK WACK RESIDENTS'
Rules of Court on Alternative Dispute Resolution (Special
ASSOCIATION, INC., Respondent. ADR Rules).
G.R. No. 208735, July 19, 2017 - BDO UNIBANK,
INC. (FORMERLY EQUITABLE PCI BANK), Petitioner,
v. NESTOR N. NERBES AND ARMENIA F. SURAVILLA, Respondent avers that petitioner's objections to the
Respondents.
admission of its Amended Statement of Claims by the
G.R. No. 215874, July 05, 2017 - ARLO ALUMINUM, Arbitral Tribunal, through the assailed Procedural Order Nos.
INC., Petitioner, v. VICENTE M. PIÑON, JR., IN
BEHALF OF VIC EDWARD PIÑON, Respondent. 11 and 12, are properly within the competence and
G.R. No. 218250, July 10, 2017 - PEOPLE OF THE
jurisdiction of the Arbitral Tribunal to resolve. The Arbitral
PHILIPPINES, Plaintiff-Appellee, v. GIO COSGAFA Y Tribunal derives their authority to hear and resolve the
CLAMOCHA, JIMMY SARCEDA Y AGANG, AND ALLAN
VIVO Y APLACADOR, Accused-Appellants. parties' dispute from the contractual consent of the parties
G.R. No. 210129, July 05, 2017 - S/SGT. CORNELIO expressed in Section 19.02 of the Agreement.
PAMAN, Petitioner, v. PEOPLE OF THE PHILIPPINES,
Respondent.
In a Resolution dated July 25, 2016, the Court resolved to
G.R. No. 224974, July 03, 2017 - MARVIN CRUZ
AND FRANCISCO CRUZ, IN HIS CAPACITY AS note the Office of the Solicitor General's Very Urgent Motion
BONDSMAN, Petitioners,
PHILIPPINES, Respondent.
v. PEOPLE OF THE
for the Issuance of a Temporary Restraining Order and/or
Writ of Preliminary Injunction dated July 5, 2016.
G.R. No. 212814, July 12, 2017 - PEOPLE OF THE
PHILIPPINES, Plaintiff-Appellee, v. ERNIE CARILLO Y
PABELLO ALIAS "NANNY," RONALD ESPIQUE Y
LEGASPI ALIAS "BORLOK," RAFAEL SUSADA Y In regard to the allegation that the Amended Statement of
GALURA ALIAS "RAFFY," Accused; ERNIE P. CARILLO
AND RONALD L. ESPIQUE, Accused-Appellants.
Claims circumvents the temporary restraining order dated
April 2, 2014 issued by the Court in DFA v. BCA International
G.R. No. 207684, July 17, 2017 - PHILTRANCO
SERVICE ENTERPRISES, INC., AND/OR JOSE PEPITO Corporation, docketed as G.R. No. 210858, it should be
ALVAREZ, ARSENIO YAP AND CENTURION SOLANO,
Petitioners, v. FRANKLIN CUAL, NOEL PORMENTO,
pointed out that the said temporary restraining order has
RAMIL TIMOG, WILFREDO PALADO, ROBERTO been superseded by the Court's Decision promulgated on
VILLARAZA, JOSE NERIO ARTISTA, CESAR SANCHEZ,
RENERIO MATOCIÑOS, VALENTINO SISCAR, LARRY June 29, 2016, wherein the Court resolved to partially grant
ACASIO, GERARDO NONATO, JOSE SAFRED, JUAN
LUNA, GREGORIO MEDINA, NESTOR ZAGADA, the petition and remand the case to the RTC of Makati City,
FRANCISCO MIRANDA, LEON MANUEL VILLAFLOR,
RODOLFO NOLASCO, REYNALDO PORTES, GERARDO
Branch 146, to determine whether the documents and
CALINYAO, LUTARDO DAYOLA, VICENTE BALDOS, records sought to be subpoenaed are protected by the
ROGELIO MEJARES, RENIE SILOS AND SERVANDO
PETATE, Respondents. deliberative process privilege as explained in the Decision.
G.R. No. 208013, July 03, 2017 - PEOPLE OF THE
PHILIPPINES, Plaintiff-Appellee, v. EDGAR ALLAN The issues to be resolved at the outset are which laws apply
CORPUZ Y FLORES, Accused-Appellant.
to the arbitration proceedings and whether the petition filed
G.R. No. 208441, July 17, 2017 - PEOPLE OF THE
PHILIPPINES, Plaintiff-Appellee, v. ZENAIDA FABRO before the Court is proper.
OR ZENAIDA MANALASTAS Y VIÑEGAS, Accused-
Appellant.
The Agreement provides for the resolution of dispute
G.R. No. 221443, July 17, 2017 - THE PEOPLE OF
THE PHILIPPINES, Plaintiff-Appellee, v. DOMINADOR between the parties in Section 19.02 thereof, thus: chanRoblesvirtualLawlibrary

LADRA, Accused-Appellant.

G.R. No. 219501, July 26, 2017 - POLICE DIRECTOR


If the Dispute cannot be settled amicably within
GENERAL ALAN LA MADRID PURISIMA, Petitioner, v. ninety (90) days by mutual discussion as
HON. CONCHITA CARPIO MORALES, IN HER OFFICIAL
CAPACITY AS THE OMBUDSMAN OF THE REPUBLIC OF contemplated under Section 19.01 herein, the
THE PHILIPPINES, Respondent.
Dispute shall be settled with finality by an arbitrage
G.R. No. 232413 [Formerly UDK 15419], July 25, tribunal operating under International Law,
2017 - IN THE MATTER OF THE PETITION FOR
ISSUANCE OF WRIT OF HABEAS CORPUS WITH hereinafter referred to as the "Tribunal," under the
PETITION FOR RELIEF - INTEGRATED BAR OF THE
PHILIPPINES PANGASINAN LEGAL AID AND JAY-AR UNCITRAL Arbitration Rules contained in Resolution
R. SENIN, Petitioners, v. DEPARTMENT OF JUSTICE,
PROVINCIAL PROSECUTOR'S OFFICE, BUREAU OF
31/98 adopted by the United Nations General
JAIL MANAGEMENT AND PENOLOGY, AND Assembly on December 15, 1976, and entitled
PHILIPPINE NATIONAL POLICE, Respondent.
"Arbitration Rules on the United Nations Commission
G.R. No. 223610, July 24, 2017 - CONCHITA S. UY,
CHRISTINE UY DY, SYLVIA UY SY, JANE UY TAN,
on the International Trade Law." The DFA and BCA
JAMES LYNDON S. UY, IRENE S. UY,* ERICSON S. UY, undertake to abide by and implement the arbitration
JOHANNA S. UY, AND JEDNATHAN S. UY, Petitioners,
v. CRISPULO DEL CASTILLO, SUBSTITUTED BY HIS award. The place of arbitration shall be Pasay City,
HEIRS PAULITA MANATAD-DEL CASTILLO, CESAR DEL
CASTILLO, AVITO DEL CASTILLO, NILA C. DUEÑAS, Philippines, or such other place as may mutually be
NIDA C. LATOSA, LORNA C. BERNARDO, GIL DEL
CASTILLO, LIZA C. GUNGOB, ALMA DEL CASTILLO,
agreed upon by both parties. The Arbitration
AND GEMMA DEL CASTILLO, Respondents. proceeding shall be conducted in the English
G.R. No. 210615, July 26, 2017 - PEOPLE OF THE language.
PHILIPPINES, Plaintiff-Appellee, v. ABENIR BRUSOLA
Y BARAGWA, Accused-Appellant. Under Article 33 of the UNCITRAL Arbitration Rules
G.R. No. 218205, July 05, 2017 - PEOPLE OF THE governing the parties, "the arbitral tribunal shall apply the
PHILIPPINES, Plaintiff-Appellee, v. MARCIAL D.
PULGO, Accused-Appellant. law designated by the parties as applicable to the substance
G.R. No. 196888, July 19, 2017 - AURELIA
of the dispute." "Failing such designation by the parties, the
NARCISE, GLORIA A. DELA CRUZ, MARITESS O. arbitral tribunal shall apply the law determined by the
GARCIA, PHILIP FALCON, ENRICO M. VITUG,
LYNETTE C. PONTRERAS, BONIFACIO BARRAMEDA, conflict of laws rules which it considers applicable."
RAMON S. MORADA, MANUEL G. VIOLA, ZENAIDA
LANUZA, CIRILO G. SALTO, TEODORO DEL ROSARIO,
Established in this jurisdiction is the rule that the law of the
NANCY G. INSIGNE, MELANIE G. VIANA, ROMEO place where the contract is made governs, or lex loci
TICSAY, AMY J. FRANCISCO, MARIE J. FRANCISCO,
ZENAIDA LANUZA, MIGUELITO B. MARTINEZ, contractus.17 As the parties did not designate the applicable
APOLONIO SANTOS, MARIVIC TAN, JANE CLOR
DILEMA, VALENTINO DILEMA, JOSE L. PANGAN, law and the Agreement was perfected in the Philippines, our
ANTONIA M. MANGELEN, IMELDA MANALASTAS,
TEODORICO N. ANDRADE, AIDA L. CRUZ, MANUEL Arbitration laws, particularly, RA No. 876,18 RA No. 928519
YAMBOT, JAIME SERDENA, ARIEL PALACIOS, EVE
BOLNEO, LIBETINE MODESTO, MA. AILEEN VERDE, and its IRR, and the Special ADR Rules apply.20 The IRR of
BENNY ILAGAN, MICHELLE ROMANA, DANILO
VILLANUEVA, LEO NALUGON, ROSSANA MARASIGAN, RA No. 9285 provides that "[t]he arbitral tribunal shall
NELIE BINAY AND ISABELITA MENDOZA, Petitioners,
v. VALBUECO, INC., Respondent.
decide the dispute in accordance with such law as is chosen
by the parties. In the absence of such agreement, Philippine
G.R. No. 217973, July 19, 2017 - PEOPLE OF THE
PHILIPPINES, Plaintiff-Appellee, v. FEDERICO law shall apply."21
GEROLA Y AMAR ALIAS "FIDEL", Accused-Appellant.

G.R. No. 211947, July 03, 2017 - HEIRS OF


CAYETANO CASCAYAN, REPRESENTED BY LA PAZ
In another earlier case filed by petitioner entitled
MARTINEZ, Petitioners, v. SPOUSES OLIVER AND Department of Foreign Affairs v. BCA International
EVELYN GUMALLAOI, AND THE MUNICIPAL ENGINEER
OF BANGUI, ILOCOS NORTE, Respondents. Corporation,22 docketed as G.R. No. 210858, petitioner also
G.R. No. 220383, July 05, 2017 - SONEDCO raised as one of its issues that the 1976 UNCITRAL
WORKERS FREE LABOR UNION (SWOFLU) / RENATO
YUDE, MARIANITO REGINO, MANUEL YUMAGUE, Arbitration Rules and the Rules of Court apply to the present
FRANCISCO DACUDAG, RUDY ABABAO, DOMINIC
SORNITO, SERGIO CAJUYONG, ROMULO LABONETE,
arbitration proceedings, not RA No. 9285 and the Special
GENEROSO GRANADA, EMILIO AGUS, ARNOLD ADR Rules. We ruled therein thus: chanRoblesvirtualLawlibrary

CAYAO, BEN GENEVE, VICTOR MAQUE, RICARDO


GOMEZ, RODOLFO GAWAN, JIMMY SULLIVAN,
FEDERICO SUMUGAT, JR., ROMULO AVENTURA, JR., Arbitration is deemed a special proceeding and
JURRY MAGALLANES, HERNAN EPISTOLA, JR.,
ROBERTO BELARTE, EDMON MONTALVO, TEODORO
governed by the special provisions of RA 9285, its
MAGUAD, DOMINGO TABABA, MAXIMO SALE, CYRUS IRR, and the Special ADR Rules. RA 9285 is the
DIONILLO, LEONARDO JUNSAY, JR., DANILO
SAMILLION, MARIANITO BOCATEJA, JUANITO general law applicable to all matters and
GEBUSION, RICARDO MAYO, RAUL ALIMON, ARNEL
ARNAIZ, REBENCY BASOY, JIMMY VICTORIO
controversies to be resolved through alternative
BERNALDE, RICARDO BOCOL, JR., JOB CALAMBA, dispute resolution methods. While enacted only in
WOLFRANDO CALAMBA, RODOLFO CASISID, JR.,
EDGARDO DELA PENA, ALLAN DIONILLO, EDMUNDO 2004, we held that RA 9285 applies to pending
EBIDO, JOSE ELEPTICO, JR., MARCELINO FLORES,
HERNANDO FUENTEBILLA, SAUL HITALIA, JOSELITO arbitration proceedings since it is a procedural law,
JAGODILLA, NONITO JAYME, ADJIE JUANILLO,
JEROLD JUDILLA, EDILBERTO NACIONAL, SANDY
which has retroactive effect.
NAVALES, FELIPE NICOLASORA, JOSE PAMALO-AN,
ISMAEL PEREZ, JR., ERNESTO RANDO, JR., PHILIP
REPULLO, VICENTE RUIZ, JR., JOHN SUMUGAT, xxxx
CARLO SUSANA, ROMEO TALAPIERO, JR., FERNANDO
TRIENTA, FINDY VILLACRUZ, JOEL VILLANUEVA, AND
JERRY MONTELIBANO, Petitioners, v. UNIVERSAL The IRR of RA 9285 reiterate that RA 9285 is
ROBINA CORPORATION, SUGAR DIVISION-
SOUTHERN NEGROS DEVELOPMENT CORPORATION procedural in character and applicable to all pending
(SONEDCO), Respondents.
arbitration proceedings. Consistent with Article 2046
G.R. No. 224102, July 26, 2017 - RYAN MARIANO Y
GARCIA, Petitioner, v. PEOPLE OF THE PHILIPPINES,
of the Civil Code, the Special ADR Rules were
Respondent. formulated and were also applied to all pending
G.R. Nos. 193969-193970, July 05, 2017 - KA KUEN arbitration proceedings covered by RA 9285,
CHUA, DOING BUSINESS UNDER THE NAME AND
STYLE KA KUEN CHUA ARCHITECTURAL, Petitioner, v.
provided no vested rights are impaired. Thus,
COLORITE MARKETING CORPORATION, Respondent.; contrary to DFA's contention, RA 9285, its IRR, and
G.R. Nos. 194027-194028 - COLORITE MARKETING
CORPORATION, Petitioner, v. KA KUEN CHUA, DOING the Special ADR Rules are applicable to the present
BUSINESS UNDER THE NAME AND STYLE KA KUEN
CHUA ARCHITECTURAL, Respondent. arbitration proceedings. The arbitration between the
G.R. No. 197032, July 26, 2017 - SECURITIES AND
OFA and BCA is still pending, since no arbitral award
EXCHANGE COMMISSION, Petitioner, v. PRICE has yet been rendered. Moreover, DFA did not allege
RICHARDSON CORPORATION, CONSUELO VELARDE-
ALBERT, AND GORDON RESNICK, Respondents. any vested rights impaired by the application of
G.R. No. 205614, July 26, 2017 - PEOPLE OF THE
those procedural rules.
PHILIPPINES, Plaintiff-Appellee, v. JAIME SEGUNDO
Y IGLESIAS, Accused-Appellant. RA No. 9285 declares the policy of the State to actively
G.R. No. 181953, July 25, 2017 - LAND BANK OF promote party autonomy in the resolution of disputes or the
THE PHILIPPINES, Petitioner, v. RURAL BANK OF
HERMOSA (BATAAN), INC., Respondent.
freedom of the parties to make their own arrangements to
A.M. No. MTJ-16-1886 (Formerly OCA IPI No. 16-
resolve their disputes.23 Towards this end, the State shall
2869-MTJ), July 25, 2017 - ANONYMOUS COMPLAINT, encourage and actively promote the use of Alternative
Complainant, v. PRESIDING JUDGE EXEQUIL L.
DAGALA, MUNICIPAL CIRCUIT TRIAL COURT, DAPA- Dispute Resolution as an important means to achieve speedy
and impartial justice and declog court docl24
SOCORRO, DAPA, SURIGAO DEL NORTE, Respondent.

G.R. No. 217453, July 19, 2017 - DENMARK S.


VALMORES, Petitioner, v. DR. CRISTINA ACHACOSO,
IN HER CAPACITY AS DEAN OF THE COLLEGE OF Court intervention is allowed under RA No. 9285 in the
MEDICINE, AND DR. GIOVANNI CABILDO, FACULTY
OF THE MINDANAO STATE UNIVERSITY, following instances: (1) when a party in the arbitration
Respondents.
proceedings requests for an interim measure of protection;25
G.R. No. 220835, July 26, 2017 - COMMISSIONER
OF INTERNAL REVENUE, Petitioner, v. SYSTEMS (2) judicial review of arbitral awards26 by the Regional Trial
TECHNOLOGY INSTITUTE, INC., Respondent.
Court (RTC); and (3) appeal from the RTC decisions on
arbitral awards to the Court of Appeals.27
G.R. No. 207765, July 26, 2017 - PEOPLE OF THE
PHILIPPINES, Plaintiff-Appellee, v. JULITO
DIVINAGRACIA, SR., 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

SILVESTRE PASCUAL AND ST. FRANCIS SCHOOL OF


GENERAL TRIAS, CAVITE, INC., Petitioners, v.
LAURITA CUSTODIO, Respondent.
Art. 5.4. Extent of Court Intervention. In matters
governed by this Chapter, no court shall intervene
A.C. No. 11494, July 24, 2017 - HEIRS OF JUAN DE
DIOS E. CARLOS, NAMELY, JENNIFER N. CARLOS, except in accordance with the Special ADR Rules.
JOCELYN N. CARLOS, JACQUELINE CARLOS​-
DOMINGUEZ, JO-ANN CARLOS-​TABUTON, JIMMY N. Court intervention in the Special ADR Rules is allowed
CARLOS, LORNA A. CARLOS, JERUSHA ANN A.
CARLOS AND JAN JOSHUA A. CARLOS, Complainants, through these remedies: (1) Specific Court Relief, which
v. ATTY. JAIME S. LINSANGAN, Respondent.
includes Judicial Relief Involving the Issue of Existence,
Validity and Enforceability of the Arbitral Agreement,28
G.R. No. 191657, July 31, 2017 - NATIONAL
HOUSING AUTHORITY, Petitioner, v. DOMINADOR

Interim Measures of Protection,29 Challenge to the


LAURITO, HERMINIA Z. LAURITO, NIEVES A.
LAURITO, NECITAS LAURITO VDA. DE DE LEON,

Appointment of Arbitrator,30 Termination of Mandate of


ZENAIDA D. LAURITO, CORNELIA LAURITO VDA. DE
MANGA, AGRIPINA T. LAURITO, VITALIANA P.

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.

or Vacation of Award in Domestic Arbitration,34 all to be filed


RIVERA, ISABELITA A. LOYOLA, LIWAYWAY A.
LOYOLA, LOLITA A. LOYOLA, LEANDRO A. LOYOLA,
PERLITO L. LOYOLA, GAVINA L. LOYOLA, ZORAIDA L.
PURIFICACION, PERLITA L. DIZON, LUCENA R.
with the RTC; (2) a motion for reconsideration may be filed
LOYOLA, ANITA L. REYES, VISITACION L. ZAMORA, by a party with the RTC on the grounds specified in Rule
CRISTINA L. CARDONA, NOEL P. LOYOLA, ROMEO P.
LOYOLA, JR., FERDINAND P. LOYOLA, EDGARDO A. 19.1; (3) an appeal to the Court of Appeals through a
LOYOLA, DIONISA L. BUENA, SALUD L. MAPALAD,
CORAZON L. SAMBILLO, VIDAL A. LOYOLA, AND
petition for review under Rule 19.2 or through a special civil
MILAGROS A. LOYOLA, REPRESENTED BY THEIR action for certiorari under Rule 19.26; and (4) a petition for
ATTORNEY-IN-FACT ZOSIMO A. LOYOLA, Petitioner-
Intervenors. certiorari with the Supreme Court from a judgment or final
G.R. No. 222699, July 24, 2017 - MAUNLAD TRANS order or resolution of the Court of Appeals, raising only
INC., CARNIVAL CRUISE LINES AND/OR AMADO
CASTRO, Petitioners, v. GABRIEL ISIDRO,
questions of law.
Respondent.

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

GERMINO AND ANTONIO A. FERNANDO,


Respondents. RULE 19.36. Review Discretionary. - A review by the
G.R. No. 209452, July 26, 2017 - GOTESCO Supreme Court is not a matter of right, but of sound
PROPERTIES, INC., Petitioner, v. SOLIDBANK
CORPORATION (NOW METROPOLITAN BANK AND
judicial discretion, which will be granted only for
TRUST COMPANY), Respondent. serious and compelling reasons resulting in grave
G.R. No. 228628, July 25, 2017 - REP. REYNALDO V. prejudice to the aggrieved party. The following,
UMALI, IN HIS CAPACITY AS CHAIRMAN OF THE
HOUSE OF REPRESENTATIVES COMMITTEE ON while neither controlling nor fully measuring the
JUSTICE AND EX OFFICIO MEMBER OF THE JBC,
Petitioner, v. THE JUDICIAL AND BAR COUNCIL,
court's discretion, indicate the serious and
CHAIRED BY THE HON. MARIA LOURDES P.A. compelling, and necessarily, restrictive nature of the
SERENO, CHIEF JUSTICE AND EX OFFICIO
CHAIRPERSON, Respondent. grounds that will warrant the exercise of the
G.R. No. 206890, July 31, 2017 - EVIC HUMAN
Supreme Court's discretionary powers, when the
RESOURCE MANAGEMENT INC., FREE BULKERS S.A. Court of Appeals: chanRoblesvirtualLawlibrary

AND/OR MA. VICTORIA C. NICOLAS, Petitioners, v.


ROGELIO O. PANAHON, Respondent.
a. Failed to apply the applicable standard or
G.R. No. 204530, July 26, 2017 - REPUBLIC OF THE
PHILIPPINES, REPRESENTED BY THE DEPARTMENT
test for judicial review prescribed in these
OF PUBLIC WORKS AND HIGHWAYS, Petitioner, v. Special ADR Rules in arriving at its decision
POTENCIANO A. LARRAZABAL, SR., VICTORIA
LARRAZABAL LOCSIN AND BETTY LARRAZABAL resulting in substantial prejudice to the
MACATUAL, Respondents.
aggrieved party;
G.R. No. 231658, July 04, 2017 -
REPRESENTATIVES EDCEL C. LAGMAN, TOMASITO S.
VILLARIN, GARY C. ALEJAÑO, EMMANUEL A. b. Erred in upholding a final order or
BILLONES, AND TEDDY BRAWNER BAGUILAT, JR.,
Petitioners, v. HON. SALVADOR C. MEDIALDEA, decision despite the lack of jurisdiction of
EXECUTIVE SECRETARY; HON. DELFIN
LORENZANA, SECRETARY OF THE DEPARTMENT OF
N.
the court that rendered such final order or
NATIONAL DEFENSE AND MARTIAL LAW decision;
ADMINISTRATOR; AND GEN. EDUARDO AÑO, CHIEF
OF STAFF OF THE ARMED FORCES OF THE
PHILIPPINES AND MARTIAL LAW IMPLEMENTOR,
Respondents.; G.R. No. 231771 - EUFEMIA CAMPOS
c. Failed to apply any provision, principle,
CULLAMAT, VIRGILIO T. LINCUNA, ATELIANA U. policy or rule contained in these Special
HIJOS, ROLAND A. COBRADO, CARL ANTHONY D.
OLALO, ROY JIM BALANGHIG, RENATO REYES, JR., ADR Rules resulting in substantial prejudice
CRISTINA E. PALABAY, AMARYLLIS H. ENRIQUEZ,
ACT TEACHERS' REPRESENTATIVE ANTONIO L. to the aggrieved party; and
TINIO, GABRIELA WOMEN'S PARTY REPRESENTATIVE
ARLENE D. BROSAS, KABATAAN PARTY-LIST
REPRESENTATIVE SARAH JANE I. ELAGO, MAE d. Committed an error so egregious and
PANER, GABRIELA KRISTA DALENA, ANNA ISABELLE
ESTEIN, MARK VINCENT D. LIM, VENCER MARI harmful to a party as to amount to an
CRISOSTOMO, JOVITA MONTES, Petitioners, v.
PRESIDENT RODRIGO DUTERTE, EXECUTIVE
undeniable excess of jurisdiction.
SECRETARY SALVADOR MEDIALDEA, DEFENSE
SECRETARY DELFIN LORENZANA, ARMED FORCES OF The mere fact that the petitioner disagrees with the
THE PHILIPPINES CHIEF OF STAFF LT. GENERAL
EDUARDO AÑO, PHILIPPINE NATIONAL POLICE Court of Appeals' determination of questions of fact,
DIRECTOR-GENERAL RONALD DELA
Respondents.; G.R. No. 231774 - NORKAYA S.
ROSA,
of law or both questions of fact and law, shall not
MOHAMAD, SITTIE NUR DYHANNA S. MOHAMAD, warrant the exercise of the Supreme Court's
NORAISAH S. SANI, ZAHRIA P. MUTI-MAPANDI,
Petitioners, v. EXECUTIVE SECRETARY SALVADOR C. discretionary power. The error imputed to the Court
MEDIALDEA, DEPARTMENT OF NATIONAL DEFENSE
(DND) SECRETARY DELFIN N. LORENZANA, of Appeals must be grounded upon any of the above
DEPARTMENT OF THE INTERIOR AND LOCAL
GOVERNMENT (DILG) SECRETARY (OFFICER-IN​-
prescribed grounds for review or be closely
CHARGE) CATALINO S. CUY, ARMED FORCES OF THE analogous thereto.
PHILIPPINES (AFP) CHIEF OF STAFF GEN. EDUARDO
M. AÑO, PHILIPPINE NATIONAL POLICE (PNP) CHIEF
DIRECTOR GENERAL RONALD M. DELA ROSA,
NATIONAL SECURITY ADVISER HERMOGENES C.
A mere general allegation that the Court of Appeals
ESPERON, JR., Respondents. has committed serious and substantial error or that
it has acted with grave abuse of discretion resulting
in substantial prejudice to the petitioner without
indicating with specificity the nature of such error or
abuse of discretion and the serious prejudice
suffered by the petitioner on account thereof, shall
constitute sufficient ground for the Supreme Court
to dismiss outright the petition.

RULE 19.37. Filing of Petition with Supreme Court. -


A party desiring to appeal by certiorari from a
judgment or final order or resolution of the Court of
Appeals issued pursuant to these Special ADR Rules
may file with the Supreme Court a verified petition
for review on certiorari. The petition shall raise only
questions of law, which must be distinctly set forth.
It is clear that an appeal by certiorari to the Supreme Court
is from a judgment or final order or resolution of the Court of
Appeals and only questions of law may be raised. There have
been instances when we overlooked the rule on hierarchy of
courts and took cognizance of a petition for certiorari
alleging grave abuse of discretion by the Regional Trial Court
when it granted interim relief to a party and issued an Order
assailed by the petitioner, considering the transcendental
importance of the issue involved therein35 or to better serve
the ends of justice when the case is determined on the
merits rather on technicality.36 However, in this case, the
appeal by certiorari is not from a final Order of the Court of
Appeals or the Regional Trial Court, but from an interlocutory
order of the Arbitral Tribunal; hence, the petition must be
dismissed.

WHEREFORE, the Court resolves to DISMISS the pet1t1on


for failure to observe the rules on court intervention allowed
by RA No. 9285 and the Special ADR Rules, specifically Rule
19.36 and Rule 19.37 of the latter, in the pending arbitration
proceedings of the parties to this case.

SO ORDERED.

Carpio, (Chairperson), Mendoza, and Martires, JJ., concur.


Leonen, J., on wellness leave.

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