314 SUPREME COURT REPORTS ANNOTATED
VOL. 684, OCTOBER 22, 2012 Bu
“Avro vn. Rosal Homeowners Association, Ine
“Montes vx Cipriano
‘On the Base ofall the foregoing, the Court fds mo error
om the pvt of the CA to warrant the reversal or modifention
tf the analled decision.
WHEREFORE, the petition is DENTED,
50 ORDERED.
Velecco, Jr (Chairperson, Leonardo-De Castro,” Peralta
sand Abad, J concur.
Peston denied.
[Notes.—Any presived denial ofa party's right tobe hese
con the other partys motion for execution i cured by het mo-
on for reconsideration ard the sur’ action on the sane.
{Chine Banting Corporation ox Abe, 689 SCRA 184 [2011))
‘Article II, Setin 14(2) of the Constitution, provides that
‘ip all eimipal prosecutions, the seeused .. shall enjoy the
abt te be heard by himself and counsel.” (Viloreal ve
Pepi, 664 SCRA 619 (2012)
oo
Desist acting mers, par Special Onler No. 134%
dated Oster, 2012,
GR. Na 151089, Ocbor 22,201:
MERLINDA CIPRIANO MONTANEZ, complainant, ve
LOURDES TAJOLOSA CIPRIANO, roependent.
Crimi! Law; igus: Blomant fest in the prose
tin for igang tat the alleged scond mariage hating al the
tou meuroment, oud be bald were at forthe ables
the rt marriage ements fe erie 0 aya 0)
theese has bos gly mar) the mariage as 20 bees
Tepe or ines is her spss abet, the abent
oust could not tb prertne ea scoelng to the Ci Code
(Grtha he contrac tse or aubenquent mariage en hs
fcind or sbmeguet aia’ as al he sees reas fot
‘Sie. The fon le comsummatad on the clara athe send
‘arage or euequent marrage Bex entail in the poet
[Ee tignny a hv alleged soon mange, having che eset
Iesurementn old be aid vere fit ir the sultetee oho
Saray Sams The subg! eieldelratin of mlity of
efit marine wont Chg ef at she cotated the
tteind marsoge daring the absinthe fit marviage tthe
‘Snu'erpoden! contested the ond arog, the ft warring
trav all ating hid tot yt ben legal solved. a ued
Jpike abovementioned jureyeueey, the aban jut ce
‘ton ef ly of thet avigy ould ange tect hat
‘he 'ontnted the osra arvings ring the suites the
[Ete muriage, Tin, wapendant as pope charged he crime
‘bigamy, sine the oul elements the ease charged wore
fifty alles
PETITION far review on certiorari of the order and reshition
‘ofthe Regional Trial Court af San Pedro, Laguse, Br
‘Tho facts are stated in th opinion ofthe Court
‘THIRD DIVISION,316. SUPREME COURT REPORTS ANNOTATED
VOL, 634, OCTORBR 22, 2012 Bu
‘Moniaes ve. Coriano
Montasies vs, Cipriano
“Tose Marion P, Paton or petition.
Robert Sion for respandent.
PERALTA, J
For our teroution is a petition for review on certioraré
‘which socks to antl the Orter* dated September 24, 2007 of
the Regional Teal Court (RTC) of San Pedro, Laguna, Branch
‘2h ienied in Criminal Case No. 4900-SPL which dsmisted
the Infarmation for Digamy Bled against rspondent Lourdes
‘Tajslona Cipriano, Also nawsled i the RTC Resolution dated
‘January 2, 2008 denying the motion for econsiderticn.
(On April 8 1976, respondent marred Socrates Flares (Soc
rates) im Lez, Ahlan” On Jonary 26, 1088, daring the sub-
stonce ofthe auld marving, respondent marred Slvr V.
‘Giprinnc (Slveris) in San Pedro, Laguna Th 2001, respon-
dent filed with the RTC of Muntinlupa, Branch 256, a Pest
‘Gon for tho Antuiment of her marriage with Socrates on the
found of the Inter’ poyeholgial incapacity as defined une
flr Article 96 ofthe Family Code, which wax docketod
(inal Case No, 01268, Om daly 18, 2008, the RTC of Mun-
Gnlupe, Branch 258, rendered tn Amended Dedboa! desl
lg the marriage of respondent with Socrates all and wid
Sid decision Became final and exocutory on October 12,
2009."
‘On May 14, 2004, petioner Merlinds Cipslano Monta,
Sivevit daughter fom the Beet marrage, filed with the
Moniipal Trial Court of San Ped, Laguns, a Complaint for
olla yp 4-55; Pe ge Sonia. Yo-Casam,
Hd app. 68.
last 8.
Tasty 8
STE stp 6668
sian
‘igamy ageinst reapondan, which was dsketal aa Criminal
(Case No. 1972, Attached tothe complaint was an Aida
Malosang Sinwmpaans Seloyeey) ded August 25, 2004,
‘humfb-marked ad signed ly Silver? which alleged, song
others, Get respondent fled to revel t Silvera that she
‘ras stl marie to Socrates, On November 17,2004, an Ls
{mation for Bigamy was led against respondent with the
‘RTC of Sn Potro, Laguna, Branch 31. The aoe Waa doketed
‘4 Ceiminal Cae No. s990SPI. The lfaration read!
‘oat ono aout Januar 24, 1865, the Mesicpalty of San
Pedra, Province of Lagu, Pipe, and win te arin
ct Hanerla Cour he sai asad l then sod there il
fly, unlawly apd fbiniosly etree» sand cr bwogoat
‘mariage nth One SILVERIO CIPRIANO VINALON wile her et
‘arnage with SOCRATES FLORES tae at heen july die
feted by oroper el eutaritie.”
(On July 24,2007 ana before hee arcegminent, eapondent
through councdl filed a Bltion to Quash Infermtion (and
Dismlscl ofthe Criminal Complain®” alleging thee er mar
ago with Socrates hel aleady been declared wid ab ents
52005, thus, here war 0 more marrage to mpi of pict 2
‘her marriage t Silverio on January 24,1965; that the basic
slement of the crime of bigamy, Le, to valid marriages, is
therefore wanting” She alo claimed thot since the second
‘marriage was held in 1883, the erie of bigamy hd already
presebed. The prorecstion fled it Comment’ arpuing thst
fho erie of bigamy had already been exnrummated when
espandnt fled her petition for declaration of mit that
‘he law punisbes the at of eotracting a second marriage
"dap
* Did on May 27,2007, a 9.68
id atp 13
oa
"i, pp. 308
dat pn ssa,319. SUPREME COURT REPORTS ANNOTATED
‘Monto, Cipriana
‘hich appsare to be valid, while dhe frst marrage is stil
Subsistig and se not sot hoon annlled or declared eid by
the sour.
In ts Onde dated August 8, 2007, the RTC denied the
‘motion. It found respondents argument that withthe deda
ation of nulty of her fest mariage, there was no mare Best
‘marriage to speak of ond thus the element of wo valid ae
ages im bigamy was abront, to have Bee Ind fo nee hy our
ulingin Meroadoo, Tan where we eld:
In the instant cae, pttonr contrasted» sco marie
‘hough cere nas eto federation of uly tha Set
‘eurage. Inet, be nated he Peon tobe the fee ae
age decarod wid. only er complalaat bad fled alter
‘ompliot charging ht with hur. For antag sccnd ar
‘igo le to vt all subatn, he omen te Ss pan
‘Bhate unr Ace 94 of oe Revs Penal Ge
That be subeequany obtaied a jul ésaraton of the
null ef dh Gat mariage was immaterial, To topes, the eine
Td already ben enone by hen
AAs to respondents claim tht the setion had alrondy pre
scribe, the RTC found that while th second marrage indeed
took plain 1983, or more than the b-year prescriptive
peed forthe erime of bigamy, the mmistion of the crime
teas only discovered on Novembor 17, 2004, which should be
Ue reckoning peed ence presription has nt yet sti,
Reaponden filed a Motion for Recusderatien” dlaiming
‘hat the Mercado ring wa not apple, since respondent
contracted hor fret matvago in 1976, b, before Cue Femly
(Code: that the pesitin for anniment wae grant and be
‘p84
‘Git No, IS7L10, August 1, 2000, 37 8
00 2003
"Mercado Tan eypra, ap 188 ap. 82
"Rap 8687
VoL. 684, OCTOBER 22, 2012 a9
“Mowares va, Cipriano
‘me final before the crninal complaint for bigamy was Ged:
fand, that Article 40 of tho Family Code eannot be given any
‘trouve effet becaus his will impair her right remarry
without need of secring a decoration of mllity of @ com
Bletly void prior mariage.
Op Soptomber 24, 2107, the RTC isued its ateailed Or
er. the dispositive portion of which rend:
‘Where, he Order of Aug 3 2007 scoala and set
side Lata new one be teed asahing te intranet
{Ba ie the neta care te DISMISSED.
In co ruling, the RTC sid that atthe time the azeused ad
contracted @ sooond marrage on January 24 1988, Le, before
the effectivity of the Fumily Code the existing law dd not
require a judicial decarston of absolute nullity asa condion
precedent to contracting a subsequent marrige; that jira.
Dradenee before the Fonily Cade was arbivaleat cathe ssse
‘tthe need of prior judicial dedaration of sbecute ally of
the first marrage. The RIC found that both marriages of
respondent look place hofare the effestity of the Family
(Code, thus, considering che unsettled state of jureprudence
nthe neod for prior declration of absolute mulity af mare
‘age before commencing a scwnd marrage and tie principle
that laws shouldbe intarpreted Uberally in favor of the ace
‘aed ie delared thatthe absence of a judicial dedration of
dulity should not prejadie the accused whose second mare
age as declared once and fr all val with the anmelment
other frst mariage bythe RTC of Muntalupa City in 2008.
Disastis ed, a Motion for Reconsideration wa fl by the
prosecution, but opposed by reependent. Ina Resolution dated
‘Senuary 2, 2008, the RTC denied the same ruling. peng
‘ters, chat the Jodi! declaration of mult of repondent320 SUPREME COUR? REPORTS ANNOTATED
VOL. 684, OCTOBER 22, 2012 321
“Montane ve, Cipriano
‘marriage is tantamunt to a were declaration or cnfimation
hat said marriage never existed stall and for this Toate,
her actin contracting aseeand marriage cainot be conedoved
‘ciminal,
Agatioved petitioner diveetly filed the present petition
‘ith us rising te felling isto
1, Whether he jst a fat mariage porto the
‘pscmtent of the Family Cale and the ponouncenent i Wiel
Sempio-Diy on the ground of papell toapacty ie valid
sfinon form charg of bia fr easrng inte a and ernge
‘orto the enactment he Fly Cate andthe posoncrnea it
‘Weal Senge?
"_ Water the rior cre in tating ht the aig.
Aone rie to the enssaent of the Femy Code ad Ihe pe.
naneemet fa Wage ve. Semplo-Diy reparng the ous Hf
sraring declaration af ity of test marin tte eleing
‘toto ravage anvaen, sich that sors Was tloned
eter a sobsguest rag witout the snnulaent of eit
‘ichotieuring ena ait.”
Proliminarly, we aot thatthe instant petition asaing
the RTC dismissal ofthe Infrmation for bignny war Hod
ty private complainant and aot by the Office of the Salicitor
General (086) which should reprecent the government inal
indiil proceedings Sled beero us Notwithstanding we will
i ape
® Section 88, Chagor 12, Te I af Book V ofthe 1987 A
sinitatve Cade proves
Sec, 35." Foner and Ractons —The Of of be Slictor
General shall open! the Coven fe Pape, gee
‘det and intramantlte apd trols nd gests ny ign
tie, receding, terion or mater requ the aetce ot
Inwerm vom It aha ave the flowing apse Power and fae
(0) Represent the Goverment in the Supreme Cour
‘ad he Corto apoule nl eriminl proses reese
Montaies vx Cipriana
lve due course to this petition ax we had dous inthe past Ta
Antone: Bernie the offended party pvt complainant)
‘questioned before the Court of Appeals (CA) the BING de-
‘missl ofthe Information for bigamy filed aginst er hus-
band, and the CA dismissed the petition on the ground,
among others, that the petition shonld have been fed in
behalf of the People ofthe Phippines by the OSG, being ite
statutory counsel in ll appealed criminal esse I's pfition
Sed with us we said that we had given de cousse toa mum
bor of actions even when the resporiv interests ofthe gor=
‘erument were nt properly represented by the OSG snd sai
In Labor, Panay, this Court del wth a similar delet in
‘ho flowy mance
emt, be str that fhe pull: proms
tion is ageved by any ror rllng the al jug tn 8
‘imines, the OSG, and nt the praetor, tet oe the
hes quetion te reer or ling btn we
‘Nevrthols, sinee the challenged order affect tho
‘nthe patito, ae bad dene hte nse case, ago
Ite Comment, ere hat the OSC hur tif wad ped as
‘he Goverament adits oe nthe Spee Cour, Ceuta
Appeal, and all ce ruts or tnale all el actions
fd pel romedings in hich the Govemors fer
‘herein hot expan nv po
“Avan exeption this Fle, the Stor General is allowed to
(8) Dept legal ons of sovernnentdeprtments be:
renus gels anos to ont te Slt Catzral ad epronr
tr roprset the Gatwanent Jn eas ivvng te rorpcive
oa, brought bee the evr and snare rpervon eo
‘uoloter sac gal ose with repost sue ese
GH No 188826 Decomber, 2010, 607 SCRA GIB822. SUPREME COURT REPORTS ANNOTATED
‘Montane w. Cipriana
“is own the stam pion forthe Popo ofthe Filipine
(pine upped
Considering that we aso seguir the OSG to fe Com-
‘mont on the petition, which it di, praying that the potion
bo granted in effet, rach Comment had rated the petion
fle with s.
‘As to the merit of the potion, the issue for resclation
whether or not the ETC eed in qeashing the formation for
bigamy led against reepondnt
Article 349 of the Revised Penal Cade defines and penalizes
bigamy fll
Ac, 848. Biguny.—the peasy of prism mayor shal be
Imposd upon any pemom wh al sua wun ot sborquent
‘arias before the former maeioge har ben Toga astro
itive the bent spouse Bas eon Sadar peeampaivey dead Oy
‘rans af jedgmeat rendre athe per posed.
‘The elements ofthe crime of bigamy are: (a) the ofider
has boon legally marrio(b) the marrage has not been le
tally dissolved os, in cate his or er spouse ie eon, the
nent spouse could not yt be presumed dead aconding te
‘the Civil Code; (c) that he eonracta second or subnequnt
‘marriage; and (2 tbe socond or subsequent marriage has ll
he essential requisites for valicity. The felony fy eonsum
mated on the eglsbration of the second mariage or subse=
‘quent marrage.” It is essential inthe prosecution Sr bigamy
thatthe alleged second mariage, having all the sae
requirements, would be valid were tnt forthe subeistance af
‘he fret marrage”
Antone» Broilo, supra, 823,
* Manuel. Pople, G3 No 105802, November 29, 2005, $78
Sona got Si Pie, anaes
iat. 3
VOL, 684, OCTOBER 22, 2012 923
Montane vs. Cipriano
Th this ase appears thet when respondent contracted »
cecond macrage with Silver n 1989, her fst marriage with
Stortee cxlsbrsted in 1976 waa at] subsisting ae the same
had not yet been annulled o dsclared void Ly a eompotent
thority Thus, all the elements of bigamy wore alleged in
the Infornition, Im her Afoton to Quash the [aformation, she
allogd, among others, that:
12 The records of this cso would Mer Ot that asanes
hhrvnge with sud Srtne Foe waa feared vid
[Rig on 34 Api 109 by Bend 266 of tho Ragin
‘al Coote o Mastilupa Cay ‘The sid decom was
ever apptal, and teeame al and executor sory
Sorat,
2, Inothar wort, bef the ling ofthe Eatin in his
‘er mariage with Mr Hes So ele been de
‘Sood id fom he begin
4. Thay es three no arsage peor to 24 January
15 to speck et Inher more there was oly oc m2
sage
5, The Base emt af the erie of bigamy, tht two
{il neg hei wanna
CCeary, the snmulment of respondents first mariage on
the ground of peyehologicalsneapcity was deeared cn in
2008, The quection nn ia whether he declaration of nullity
Gf respondents first snuerage justifies the dismissal of the
Tnformaties for bigamy fed against her
‘We rulein the negative.
Ia Mereudo », Te" we ruled thatthe subsequent judi
sclaration ofthe nullity of the fst mariago ‘eas imate
ial, because prior tothe declaration of mult, the crime of
"Rot, p80.
Sige nte 25, 188; tp. 824524 SUPREME COURT REPORTS ANNOTATED
VOL. 684, OCTOBER 22, 2012 325
‘Montaies ve Cipriana
‘Montes ve, Cipriana
‘igumy had already bees consummated. And hy contracting 3
scoond marrage wile the Seat was ail subsisting, tho at-
faced committed the sets punishable under Article 949 of the
Revised Penal Code,
In Abunado v. People.” wo be that what is roqired for
the change of bigamy to prosper is chat the first marriage be
fubsitng at the tte the second marrage ix contracted”
[ven ifthe aseused eventually obtained a detaration that his
fit marriage wa void eb into, che pot 3s, both the Best
find the second marrage were subsisting bere the fist mar
age was anmled.”
Tn Toned o. CA,” we declared that although the judi
Aeclaration of the nallityof a marrage onthe ground of p=
‘holgial incapacity retronets ta th date ofthe clebratian of
the mariage insofar asthe vinculum between the spouses is
concarne, ti sgnfieat Co note thet said marrage is not
thous logal effects, Among there effets ie that cbideen
{mlved or born before tho jdgment of absolute nullity of
the matrlage stall be considered legitimate. There la, chore
favo, areognition sri info the iw tf that mach a me-
riage, although void ob initio, may stl produce lgal eneo
‘Guences, Among these lgalconectuencee ie incurring crim
tal lability for bigemy. To hold otherwise would render the
State's penal Jv on bigamy completely nugatry, and allow
individuals fo deliberately ensure tote esch marital contract
be flawed in some manser, and to thus eseape the canse-
‘quences of contacting multiple merringes, while beguiling
{henge of faplese women with th promive of ftonify and
BGR No, 160218, March 0, 2004426 SCRA 682
='GR No, 160758, Fetanry 18, 2004, 428 SORA 212 487
‘And in Jarifow. Pople applying the foregoing jorspra-
dence, affirmed the aectneds conviction far bigamy, ruling
‘hat the moment the sessed contracted a second mariage
‘without the previous one having been jodiillydedared nll
fand void, the crime of bigamy was already consummated
eens atthe time of the celebration of the second marriage,
the seuseds Bret maeriage whieh had not vet bon deeared
null and void by @ court of competont jurisdiction was deemed
‘valid and eubsieting,
Here, nt the time respendent contracted the second mar-
riage, the ise marrage we tl subsisting 95 thd not yet
tram logllydiaaved. Ar rl nthe above-mentioned fur:
ridenee, the subsequent jadiial declaration of ality f the
Sat marsiage would mot change the fac that she contracted
‘he second marriage daring the eubsistence ofthe frst mar
riage. Thus, respondent was properly charged of the erime of
Figumy, since the esuntial elements ofthe ofense charged
swore alicenty allege
Respondent claims that Tensbro o. CA” i aot applicable,
since the declaration of nullity ofthe previous marrage came
after tho Fling af the Informatio, wake in this ease where
the dachration wa rendered befae the information was filo.
Wo do not ngroe. What makes a perton eiminally Babe for
igamy is when he contracts «second or aubwequent marriage
uring the subsistence of svat marriage
Parties to the mariage should not be permitted to judge
for themealves its nuit forthe same mast be submited to
the judgment of competent spurts and only when the mit of
the marrige i a0 decared ean it be held az wid, and 20 long
fe thre je no sua delaration the presumption is that the
tarrage exists” Therefore, he who coatrets a second maz
GR No, 164495 Sorter 99,2000, 601 SCRA 286
Supa nota 0
Londihe sel, CR No 122570, Pebrnr 23,1968, 22
soma 7, Tad 190 Pal 743, 748 1968,826 SUPREME COURT REPORTS ANNOTATED
‘Moniates vs. Ciprian
"age before the judicial dedaration of malty ofthe ist mar-
‘age assumer the risk of bing prosecuted fer bigamy.”
Anoat reapondents contention in her Comment that since
her two marriages were contracted prior to the effectivity of
the Family Code, Arie 40 of the Family Cade cannot be
fiven retroactive effect because this wll impale her right to
remarry without need of securing a judlclal delaation of
allty of completely aid marsage
Wie are not persuaded
In Jorilo». Pople,” where the accused, in her motion for
‘econsideratien, argued that since her matriagee were es
‘ered into before the effectivity of the Family Code then the
spplcabl lw ie Setian 20 of che Marviago Law (Act 3613)"
Inscad of Article 40 of Use Family Code, which rquires 8
final judgment declaring the previous marviage void bofore &
parson may contract subsequent marriage, We didnot find
{he argument meritorious and eid
As far back a 1985, in Ao Brilone, J, the Cart
ready‘made the declaration int Ace 4, whi rule oc
tare, should be applied etwactelybeecuss Artie 255 ofthe
Family Cae tact prover that ai “Cade sal hve etactive
“i
GIR No, 14486, June 2,200, 62 SORA 2,
Sesion 29 of At No S5(areinge Law) which vied
‘bgt mareages Any massage subsequently conracted by
sng pero dung the ine athe fret pus thal be Mga ed
(a) The set marrage was annals or sled
() ‘The int eps had own abet for seven cone
tive yeary the time of tha sxond maage witout the
‘pou presene having new f the bmanze ban ve, re
tte beng generally considered a eb and bored tobe
fob tho epsut presen! a tbe ea string ach sabe.
‘unt marrage he mariage ao oneatad bing vals mo
‘rcre unt delved sl ad ved lyn someon nae
VoL. 684, OCTOBER 22, 2012 827
“Mentos va Cipriano
‘ct inate a does aot pode or impair wind or eued
"gts "The Coat wen nea, ou
‘The fre eb procadoral sates sy schon aft
‘he gant rights may not pole thr active sole
tion to peodiog acons. Toe retentive epplstion sf ra
‘dra ie oot valaive af any ie of prea wh fy el
{hate is aderely allen. The reason et a general
Ful, mn Vested ight ayaa oor is on, pdr
inv
In Morell Bobie Bobi, the Cour pintado the dager of
nt enforcing he pelos Arle 0 of Se Fama Co,
nthe cso at hr, respondents clear intent it bain 9
Judi tesaratono lt ef is et marrage and tart
terto inwke that very sae aden! to prevent hi rat
tin fortune cannot hive heal scat its Ot
Win, ll tht an advestros bgario ht doi Soren
“Arlce 40 ofthe Fry Colo, contret»stacgsen amas
fed ecape igany chars by tnply aiming thet the fe
Iarige i vid ad hat the ebecquent marrage ie egal
eid flee os pro ial cedsraten efit otto et
‘Appar may even stat hla arnge evar ofS vee
ra reqiterorly the mariage fwaee=and arate
Sates eusequent mnviage wfhove ssining wtedara
on etm the fine ante aarumptin thatthe ar
Fingevld Such mension gery the por
Som on igay™
WHEREFORE, consitering the foregoing, the petitan is
GRANTED. The Order dated September 2 2007 nd te
Resolution dated Jansary 2, 2008 of te Regional Teal Court
of San Pedr, Laguna, Branch 91, ierved in Crgtinal Case
No, 4900-SPL, are hershy SET ASIDE, Criminal Case No
4990-SPL is ordered REMANDED to the il court fr fir-
ther proceedings
* darilo People, spr nto 36, ot pp. 2-98. (Citation ont
7
AOINS TWHOISem rs328 SUPREME COURT REPORTS ANNOTATED
‘Moniaies ux, Cipriano
‘50 ORDERED.
Velasco, Jr. (Chairperson), Lesnardo.De Casto,” Abad
sna Mendes, J, ones
Puition granted, order ana resolution set asd
Noton.—Under the Family Code a subsequent judicial dee
lavation ofthe mlity of th fst sarsige is iamateril in 8
bigomy case because, by then, the eime had already been
consummated. Antone ox. Beroilla, 637 SCRA 615 (2010)
‘The elements of bigamy are ae flows: 1. That the offender
thas bean logelly marred; 2. Tat Use marsiage hos uot been
legally dined on in ears hie or her spoure is absent, the
absent spouse could not yet be presumed dood according to
the Civil Code, 5. That he eantracts «second or subsequent
‘marriage; and 4 That the seoond or cubgoquent marriage has
1 de cosatal cequiites for validity. ooo ce People, 635
‘SCRA 307 (201s)
ot
Desiganind Acting Member, por Spedal Onder Na. 1943,
VoL. 684, OCTOBER 22, 2012 329
‘SM Land, Ine, Pormerly Shoemart ne) ve. City of Manila
GR Na 16751, eter, 2012
SSM LAND, INC. (Formerly Shoemart, In:} and WATSONS
PERSONAL CARE STORES, PHILS, INC, patitoner,
CITY OF MANILA, LIBERTY TOLEDO, in hr officiel expae-
Sty aa the City Tessurer of Mani and JOSEP SANTIAGO,
{nls fil eapaciy asthe Chie of Lisenes Divison of the
City of Mail, respondent,
Ronediat La inl Procedare, Cerifeation of Now Foren
‘Shopping: It mut be hepa in th ete earnen of the
‘enifeation of nonoram shopping is mandatory, nanehley the
‘eoulament mt nat be itera to erely ond thas at
the objectte of precontng the andesrebleprostie of fru stop
Ding ont be kee in ind that we the regiment the
{riaton of non‘brum shopping ie wandatry, nonetheless, the
Fesugementa ut ot be isrpreia tan erly and ht dot
the ebjectie of preventing te undacrabe pace of ara age
‘lg Ti ae agai, he Courts ata rule of rmedurare
‘rahe secre eubtatal jai. Being instru fr Che
Speedy and efile administration of jue hey must be und to
lier sud ed, nc to der im prin, when ms rk
‘tara applet othe rls on contre sbpping And vere
ton wil recltina patent dello usta jun, thos ma be
ery esd.
Same; Some: Sane ta number fs, the Supreme Court
hs eee th lard fling of he required ereton nd et
tion of nm foram shopping cing that pei direst or
ompaling reasons mate ti pplition of the rue Sor
‘uted “te mumbo of cares, hn Court has encod tn be
sheppng. cng that spec reamacanas oe cplingrarons
‘Dabs srctappcalln ee rae cerlycxjrte. ie Curt
‘led tha substan jar and the aparene mone he b>
‘Sandive pet ofthe cas te deemed tec ceunstanes oF
tho wall In fat is Covet asl
‘THIRD DIVISION,
Ane TEMETEOS sts