A.C. No. 10483, - THE CHRISTIAN SPIRITISTS IN THE PHILIPPINES, INC. v. ATTY. DANIEL D. MANGALLAY

21/02/2022, 12:52 A.C. No. 10483, March 18, 2016 - THE CHRISTIAN SPIRITISTS IN THE PHILIPPINES, INC.
INES, INC., PICO LOCAL CENTER, REPRES…
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March 2016 - Philippine Supreme Court Decisions/Resolutions

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March 2016 Decisions >
A.C. No. 10483, March 18,
2016 - THE CHRISTIAN SPIRITISTS IN THE
PHILIPPINES, INC., PICO LOCAL CENTER, REPRESENTED
BY THEIR ATTORNEY-IN-FACT, EDWIN A. PANTE,
Complainant, v. ATTY. DANIEL D. MANGALLAY,
ChanRobles On-Line
Respondent.:
Bar Review
A.C. No. 10483, March 18, 2016 - THE CHRISTIAN

SPIRITISTS IN THE PHILIPPINES, INC., PICO LOCAL
CENTER, REPRESENTED BY THEIR ATTORNEY-IN-FACT,
https://www.chanrobles.com/cralaw/2016marchdecisions.php?id=252 1/35
21/02/2022, 12:52 A.C. No. 10483, March 18, 2016 - THE CHRISTIAN SPIRITISTS IN THE PHILIPPINES, INC., PICO LOCAL CENTER, REPRES…

EDWIN A. PANTE, Complainant, v. ATTY. DANIEL D.
MANGALLAY, Respondent.
FIRST DIVISION
A.C. No. 10483, March 18, 2016
THE CHRISTIAN SPIRITISTS IN THE PHILIPPINES,

INC., PICO LOCAL CENTER, REPRESENTED BY
THEIR ATTORNEY-IN-FACT, EDWIN A. PANTE,
Complainant, v. ATTY. DANIEL D. MANGALLAY,
ChanRobles CPA Respondent.
Review Online

DECISION
BERSAMIN, J.:
This administrative case against the respondent attorney

did not arise from any attorney-client relationship gone
wrong between the parties but from the ejectment action
in which the respondent attorney, as the plaintiff,
successfully defeated the local congregation of the
Christian Spiritists in the Philippines, Inc., Pico Local
Center (CSP-PLC), whose church building and other
structures were the objects of the action. After the
defendants filed their notice of appeal, the parties
agreed to settle among themselves, with the defendants
withdrawing the notice of appeal and agreeing to
ChanRobles Special voluntarily vacate and remove their structures by August
Lecture Series
31, 2013 in consideration of the respondent's financial
assistance of P300,000.00. But, despite receiving the
respondent's financial assistance, the defendants
reneged on their end of the agreement; hence, at the
respondent's instance, the trial court issued the writ of
execution and the writ of demolition, by virtue of which
the structures of the defendants were ultimately
demolished.
The demolition impelled the CSP-PLC, represented by its

local Minister, Edwin A. Pante (Pante), to bring the
disbarment complaint against the respondent based on
his allegedly gross misconduct and deceit in causing the
demolition of the structures without the demolition order
from the court, violation of the Lawyer's Oath, and
disobedience to a lawful order of the court, positing that
he thereby abused his legal knowledge.
Antecedents

Pante avers that the CSP-PLC constructed its church

building on the land located in JE 176 Pico, La Trinidad,
Benguet, which was owned by Maria Omiles who had
bought it from Larry Ogas;1 that on June 11, 2012,

Omiles and Pastor Elvis Maliked received the summons
issued by the Municipal Trial Court (MTC) of La Trinidad,
Benguet requiring them to answer the complaint for
unlawful detainer filed against them by the respondent;
that based on the allegations of the complaint (docketed
as Civil Case No. R-1256 entitled Daniel Dazon Mangallay
v. Maria Tomino Omiles and all persons staying with
and/or acting on her behalf, including all Officers and/or
patrons of the Church of the Christian Spiritists in the
Philippines, represented by Pastor Elvis S. Maliked), the
respondent claimed ownership of the land where the
church of the CSP-PLC had been erected, attaching the
copy of Transfer Certificate of Title (TCT) No. 45241
issued by the Register of Deeds of Benguet, and the
deed of absolute sale executed between him and one
Pedro Loy;2 that the MTC later on decided the case by

declaring the respondent to have the better right of
possession; and that the MTC further declared that the
CSP-PLC was a builder in good faith, without prejudice to
the respondent exercising his option to appropriate the
building in accordance with Article 448 of the Civil
Code.3
As earlier mentioned, the respondent sought and

obtained the writ of execution from the MTC after the
defendants, including the complainant, reneged on the
promise to voluntarily vacate and surrender the premises
by August 31, 2013 in consideration of the respondent's
financial assistance of P300,000.00. The writ of
execution was issued on December 13, 2013 and the
writ of demolition on December 19, 2013. Sheriffs
Joselito S. Tumbaga and John Marie O. Ocasla,
accompanied by the respondent and elements of the
Philippine National Police, implemented the writ of
execution and writ of demolition on January 22 and
January 23, 2014 by demolishing the church building
and the pastoral house of the CSP-PLC.4
Pante now insists that the demolition was done without a

demolition order from the MTC; that the dismantled
materials worth P462,236.00 were forcibly taken away
by the respondent, who had taken advantage of his legal
knowledge to cause the premature demolition of the
structures sans the demolition order; that such taking
away of the dismantled materials constituted robbery
and malicious mischief; and that his act warranted his
disbarment.
In response, the respondent denies any wrong doing. He

counters that the demolition was backed up by a court
order;5 that after receiving the decision of the MTC, the

parties entered into a compromise agreement by virtue
of which the CSP-PLC withdrew its appeal and promised
to voluntarily vacate and surrender the disputed
premises in consideration of P300,000.00 to be paid by
him;6 that despite his having paid the same, the CSP-
PLC did not vacate the premises even within the grace
period given to them;7 that he then moved for the

execution of the judgment, and his motion was granted
by the MTC;8 that the sheriffs report dated November
21, 20139 stated that after the CSP-PLC did not comply
with the writ of execution to remove or demolish its
structures on the premises; that he consequently sought
from the MTC the writ of demolition; and that the MTC
issued the writ of demolition.10
The respondent avers that it was not he but the sheriffs

who implemented the writ of demolition; that the sheriffs
report dated January 30, 2014 stated that the conduct of
the implementation was peaceful, and that Pante and the
other members of the church personally observed the
conduct of the demolition; and that the sheriffs report
further stated that Pante showed no defiance of the
lawful order of the court.11
The respondent submits that there was nothing wrong in

his appropriating the dismantled materials to ensure
compensation for the expenses incurred in the
demolition; and that the complaint for his disbarment
should be dismissed.
Ruling of the Court
The complaint for disbarment is absolutely devoid of

merit and substance.
Section 1, Rule 139-B of the Rules of Court, provides as

follows:
Section 1. How Instituted. — Proceedings for

the disbarment, suspension, or discipline of
attorneys may be taken by the Supreme
Court motu proprio, or by the Integrated Bar

of the Philippines (IBP) upon the verified

complaint of any person. The complaint shall

March-2016
state clearly and concisely the facts
Jurisprudence
complained of and shall be supported by
affidavits of persons having personal

knowledge of the facts therein alleged and/or

by such documents as may substantiate said
G.R. No. 198967, facts.
March 07, 2016 -
JOSE EMMANUEL P. The IBP Board of Governors may, motu

GUILLERMO, proprio or upon referral by the Supreme
Petitioner, v. Court or by a Chapter Board of Officers, or at
CRISANTO P. USON, the instance of any person, initiate and
Respondent. prosecute proper charges against erring

attorneys including those in the government
G.R. No. 208071, service. Provided, however, That all charges
March 09, 2016 - against Justices of the Court of Appeals and
PEOPLE OF THE the Sandiganbayan, and Judges of the Court
PHILIPPINES, Plaintiff- of Tax Appeals and lower courts, even if
Appellee, v. EDGARDO lawyers are jointly charged with them, shall
PEREZ Y ALAVADO, be filed with the Supreme Court; Provided,
Accused-Appellant. further, That charges filed against Justices

and Judges before the IBP, including those
G.R. No. 222731, filed prior to their appointment in the
March 08, 2016 - Judiciary, shall immediately be forwarded to
BAGUMBAYAN-VNP the Supreme Court for disposition and
MOVEMENT, INC., AND adjudication
RICHARD J. GORDON,
AS CHAIRMAN OF Six (6) copies of the verified complaint shall

BAGUMBAYAN-VNP be filed with the Secretary of the IBP or the
MOVEMENT, INC., Secretary of any of its chapter who shall
Petitioners, v. forthwith transmit the same to the IBP Board
COMMISSION ON of Governors for assignment to an
ELECTIONS, investigator. (As amended, Bar Matter No.
Respondent. 1960, May 1, 2000.)

G.R. No. 203005,

Under the foregoing rule, the proceedings for the
March 14, 2016 -
disbarment, suspension or discipline of an attorney may
TABUK MULTI-
be taken by the Court, motu proprio, or by the IBP itself
PURPOSE
upon the verified complaint of any person.
COOPERATIVE, INC.

(TAMPCO),
Should the disciplinary complaint against the attorney be
JOSEPHINE DOCTOR,
filed directly with the Court, the complaint is referred to
AND WILLIAM BAO-
ANGAN, Petitioners, v. the IBP for investigation, report and recommendation.

MAGDALENA DUCLAN, The reference to the IBP is resorted to whenever the
Respondent. factual basis for the charge may be contested or

disputed, or may require the reception of the evidence of
G.R. No. 182737, the complainant and the respondent attorney. After the
March 02, 2016 - referral and hearings, the IBP renders its findings and
SILICON PHILIPPINES, recommendations on the complaint, subject to the
INC. (FORMERLY review by the Court.12 Yet, the Court may dispense with
INTEL PHILIPPINES the referral to the IBP and resolve the charge without
MANUFACTURING, delay. This happens particularly when the charge is
INC.), Petitioner, v. patently frivolous, or insincere, or unwarranted, or
COMMISSIONER OF intended only to harass and spite the respondent
INTERNAL REVENUE, attorney.
Respondent.

The Court has not enunciated any rule that prohibits the
G.R. No. 216021, direct filing with it of administrative complaints against
March 02, 2016 - attorneys in order to emphasize its role as the guardian
SOLOMON of the legal profession with the ultimate disciplinary
VERDADERO Y power over attorneys. The disciplinary power of the
GALERA, Petitioner, v.
Court is both a right and a duty.13 Quite recently,
PEOPLE OF THE
however, the Court has revised Rule 139-B14 to
PHILIPPINES,
eliminate any ambiguity about the authority of the Court
Respondent.
to directly receive administrative complaints against

attorneys, thus:
G.R. No. 205206,

March 16, 2016 -

BANK OF THE Section 1. How Instituted. - Proceedings for
PHILIPPINE ISLANDS the disbarment, suspension, or discipline of
AND FGU INSURANCE attorneys may be taken by the Supreme
CORPORATION Court motu proprio, or upon the filing of a
(PRESENTLY KNOWN verified complaint of any person before
AS BPI/MS the Supreme Court or the Integrated Bar of
INSURANCE the Philippines (IBP). The complaint shall
CORPORATION), state clearly and concisely the facts
Petitioners, v. complained of and shall be supported by
YOLANDA LAINGO, affidavits of persons having personal
Respondent. knowledge of the facts therein alleged and/or

by such documents as may substantiate said
facts.
G.R. No. 184251,
March 09, 2016 - The IBP shall forward to the Supreme Court
ESTATE OF DR. for appropriate disposition all complaints for
JUVENCIO P. disbarment, suspension and discipline filed
ORTAÑEZ, against incumbent Justices of the Court of
REPRESENTED BY Appeals, Sandiganbayan, Court of Tax
DIVINA ORTAÑEZ- Appeals and judges of lower courts, or
ENDERES, LIGAYA against lawyers in the government service,
NOVICIO, AND CESAR whether or not they are charged singly or
ORTAÑEZ, Petitioners, jointly with other respondents, and whether
v. JOSE C. LEE, or not such complaint deals with acts
BENJAMIN C. LEE, unrelated to the discharge of their official
CARMENCITA TAN, functions. If the complaint is filed before the
ANGEL ONG, MA. PAZ IBP. six (6) copies of the verified complaint
CASAL-LEE, JOHN shall be filed with the Secretary of the IBP or
OLIVER PASCUAL, the Secretary of any of its chapter who shall
CONRADO CRUZ, JR., forthwith transmit the same to the IBP Board
BRENDA ORTAÑEZ, of Governors for assignment to an
AND JULIE ANN investigator.
PARADO AND JOHN
DOES, Respondents. xxxx
G.R. No. 197056, B. PROCEEDINGS IN THE SUPREME

March 02, 2016 - FE P. COURT
ZALDIVAR,
ACCOMPANIED BY Section 13. Investigation of complaints. - In

HER HUSBAND proceedings initiated by the Supreme Court,
ELIEZER ZALDIVAR, or in other proceedings when the interest of
Petitioner, v. PEOPLE justice so requires, the Supreme Court may
OF THE PHILIPPINES refer the case for investigation to the
AND MAMERTO B. Office of the Bar Confidant, or to any
DUMASIS., officer of the Supreme Court or judge of
Respondents. a lower court, in which case the

investigation shall proceed in the same
G.R. No. 206941, manner provided in sections 6 to 11 hereof,
March 09, 2016 - save that the review of the report of
MILAGROSA JOCSON, investigation shall be conducted directly by
Petitioner, v. NELSON the Supreme Court.
SAN MIGUEL, The complaint may also be referred to

Respondent. the IBP for investigation, report, and

recommendation, [bold emphasis supplied
G.R. No. 205703, to indicate the revisions]
March 07, 2016 -

INDUSTRIAL
Under the foregoing revisions of Rule 139-B, the
PERSONNEL &
administrative complaints against attorneys are generally
MANAGEMENT
not dismissed outright but are instead referred for
SERVICES, INC.
investigation, report and recommendation either to the
(IPAMS), SNC
IBP, or the Office of the Bar Confidant (OBC), or any
LAVALIN ENGINEERS
office of the Court or even a judge of a lower court. Such
& CONTRACTORS,
referral ensures that the parties' right to due process is
INC. AND ANGELITO
respected as to matters that require further inquiry and
C. HERNANDEZ,
which cannot be resolved by the mere evaluation of the
Petitioners, v. JOSE G.
documents attached to the pleadings.15 Consequently,
DE VERA AND
whenever the referral is made by the Court, the IBP, the
ALBERTO B. ARRIOLA,
OBC or other authorized office or individual must
Respondents.

conduct the formal investigation of the administrative
complaint, and this investigation is a mandatory
G.R. No. 202223,
March 02, 2016 - requirement that cannot be dispensed with except for
valid and compelling reasons because it serves the
JOEY R. PEÑA,
purpose of threshing out all the factual issues that no
Petitioner, v. JESUS
DELOS SANTOS AND cursory evaluation of the pleadings can determine.16
THE HEIRS OF ROSITA
DELOS SANTOS However, the referral to the IBP is not compulsory when
FLORES., the administrative case can be decided on the basis of

Respondents. the pleadings filed with the Court, or when the referral to

the IBP for the conduct of formal investigation would be
G.R. No. 203075, redundant or unnecessary, such as when the protraction
March 16, 2016 - of the investigation equates to undue delay. Dismissal of
MILAGROS DIAZ, the case may even be directed at the outset should the
EDUARDO Q. Court find the complaint to be clearly wanting in merit.17
CATACUTAN, DANTE Indeed, the Rules of Court should not be read as
Q. CATACUTAN, preventing the giving of speedy relief whenever such
REPRESENTED BY speedy relief is warranted.
THEIR COMMON
ATTORNEY-IN-FACT, It is upon this that we dispense with the need to refer

FERNANDO Q. the complaint against the respondent to the IBP for the
CATACUTAN, conduct of the formal investigation. The documents he

Petitioners, v. submitted to substantiate his denial of professional
SPOUSES GAUDENCIO wrongdoing are part of the records of the trial court,
PUNZALAN AND and, as such, are sufficient to establish the unworthiness
TERESITA PUNZALAN, of the complaint as well as his lawful entitlement to the
Respondents. demolition of the structures of the defendants in Civil

Case No. R-1256.
A.M. No. RTJ-16-
2452, March 09, 2016 Specifically, the demolition was authorized by the order
- IN THE MATTER OF: issued by the MTC on December 19, 2013.18 In the
ANONYMOUS execution of the final and executory decision in Civil
COMPLAINT FOR Case No. R-1256, the sheriffs dutifully discharged their
DISHONESTY, GRAVE functions. The presence of the respondent during the
MISCONDUCT AND execution proceedings was by no means irregular or
PERJURY COMMITTED improper, for he was the plaintiff in Civil Case No. R-
BY JUDGE JAIME E. 1256. The complainant was then represented by Pante
CONTRERAS (IN HIS and some other members of the congregation, who did
CAPACITY AS THE not manifest any resistance' or objection to any
THEN 4th PROVINCIAL irregularity in the conduct of the execution. After all,
PROSECUTOR OF elements of the Philippine National Police were also
LIBMANAN, present to ensure the peaceful implementation of the
CAMARINES SUR) writ of execution.
A.C. No. 8840 Neither do we find anything wrong, least of all criminal,
[Formerly CBD Case in the act of the respondent of taking away the materials
No. 11-3121], March of the demolished structures. The parties put an end to
08, 2016 - SPOUSES their dispute by the defendants, including the
EDUARDO G. GACUYA complainant and Pante, opting to withdraw their notice
AND CARIDAD of appeal and undertaking to voluntarily vacate and to
ROSARIO GACUYA, peacefully turn over the premises to the respondent by
Complainants, v. ATTY. August 31, 2013 in exchange for the latter's financial
REYMAN A. SOLBITA, assistance of the P300,000.00. The respondent paid the
Respondent. amount in the MTC on March 20, 2013, and the amount

was later on received by Maria Omiles, Feliciano Omiles,
G.R. No. 218072, Jr., and Noralyn T. Abad as the representatives of the
March 08, 2016 -
CSP-PLC on the same day.19 But the latter reneged on
METROPOLITAN NAGA
their part of the agreement without returning the
WATER DISTRICT,
P300,000.00 to the respondent, who was left to exhaust
VIRGINIA I. NERO,
JEREMIAS P. ABAN his legal remedies to enforce the judgment against

JR., AND EMMA A. them. It is notable that the judgment expressly directed
CUYO, Petitioners, v. him "to exercise his option pursuant to the provisions of
COMMISSION ON Article 448 of the New Civil Code of the Philippines within
AUDIT, Respondent. thirty (30) days from the finality of this judgment insofar

as the improvements introduced by the defendants on
G.R. No. 191705, the subject property."20 Article 448 of the Civil Code
March 07, 2016 - granted to him as the owner of the premises, among
BASIANA MINING others, "the right to appropriate as his own the works,
EXPLORATION sowing or planting, after payment of the indemnity
CORPORATION, provided for in articles 546 and 548." His act of taking
BASIANA MINERALS the materials of the demolished structures was
DEVELOPMENT undoubtedly the exercise of the right of appropriating
CORPORATION AND them in light of the fact that the P300,000.00 earlier
RODNEY O. BASIANA, delivered as financial assistance was most likely meant
IN HIS OWN to indemnify the supposed builders in good faith.
PERSONAL CAPACITY
AS PRESIDENT AND The respondent has called attention to the letter of the
DULY AUTHORIZED
Christian Spiritists in the Philippines, Inc.,21 the mother
REPRESENTATIVE OF
organization to which the CSP-PLC belonged, to the
BASIANA MINING
effect that it was disavowing knowledge of or
EXPLORATION
participation in the disbarment complaint, and that it
CORPORATION AND
was categorically declaring that the complaint had been
BASIANA MINING
filed by Pante only for his personal interest at the
DEVELOPMENT
expense of the congregation. The sentiments expressed
CORPORATION,
in the letter manifested the inanity of the complaint, and
Petitioners, v.
the ill motives behind Pante's filing of the complaint
HONORABLE
against the respondent. The proper outcome for such a
SECRETARY OF THE
complaint is its immediate dismissal.
DEPARTMENT OF

ENVIRONMENT AND
WHEREFORE, the Court DISMISSES the complaint for
NATURAL
disbarment against Atty. Daniel Dazon Mangallay for its
RESOURCES, AND SR
utter lack of merit.
METALS INC. (SRMI),

Respondents.
SO ORDERED
A.C. No. 9684,

Sereno, C.J., Leonardo-De Castro, Perlas-Bernabe, and
March 16, 2016 -
MARY ROSE A. BOTO,
Complainant, v. Caguioa, JJ., concur.
chanroblesvirtuallawlibrary
SENIOR ASSISTANT
CITY PROSECUTOR
VINCENT L. VILLENA, Endnotes:
CITY PROSECUTOR
ARCHIMEDES V. 1Rollo, pp. 1-2.
MANABAT AND
ASSISTANT CITY 2 Id.
PROSECUTOR
PATRICK NOEL P. DE 3 Id. at 17. The dispositive portion reads:
DIOS., Respondents.

WHEREFORE, premises considered, judgment

G.R. No. 193134,
is rendered in the above-entitled case:
March 02, 2016 -

RAFAEL NADYAHAN,
1. Declaring the plaintiff as having the better
Petitioner, v. PEOPLE
right to the material and physical possession
OF THE PHILIPPINES,
of the subject property in dispute;
Respondent.

2. Declaring defendants as builders in good

G.R. No. 191079,
faith;
March 02, 2016 - JOEL

CARDENAS, HEIR OF
3. Directing plaintiff to exercise his option
THE LATE ELINAIDA L.
pursuant to the provisions of Article 448 of
ALCANTARA,
the New Civil Code of the Philippines, within
REPRESENTED BY
thirty (30) days from the finality of this
ANTONIO IGNACIO,
judgment insofar as the improvements
JR., Petitioner, v.
introduced by the defendants on the subject
HEIRS OF THE LATE
property.
SPOUSES SIMPLICIA

P. AGUILAR AND
4. No pronouncement as to damages and
MAXIMO V. AGUILAR
costs.
AND ATTY. NORMAN R.

SO ORDERED.
BUENO, Respondents.

4 Id. at 56-58.
G.R. No. 185365,

March 02, 2016 -

5 Id. at 53-54.
RAMON PACON,

THROUGH HIS WIFE

6 Id. at 54-55.
FELINA PACON,
ANTONIO PACON,
THROUGH HIS WIFE 7 Id. at 55.
NENITA PACON,
EULOGIO PACON, 8 Id. at 80-81.
THROUGH HIS SON

JORGE PACON,
9 Id. at 82.
LEONARDO PACON,

MANUEL IGOS, JOSE

10 Id. at 87-88.
COLORES, LOLITA

COLORES, AND
11 Id. at 89.
ESTANISLAO
BUENDIA, Petitioners,
12 See Section 8 and Section 12 (b) and (c),

v. BENJAMIN TAN,
Respondent. Rule 139-B, Rules of Court.
A.M. No. RTJ-11-
2275, March 08, 2016 13Berbano v. Barcelona, A.C. No. 6084,

- SPOUSES CESAR September 3, 2003, 410 SCRA 258, 268.
AND THELMA
SUSTENTO, 14 Bar Matter No. 1645, Re: Amendment of

Complainants, v.
Rule 139-B, October 13, 2015.
JUDGE FRISCO T.

LILAGAN, Respondent. 15 Baldomar v. Paras, Adm. Case No. 4980,

December 15, 2000, 348 SCRA 212, 214-

G.R. No. 217012,
215.
March 01, 2016 -

WIGBERTO "TOBY" R.
16 Tabang v. Gacott, Adm. Case No. 6490,
TAÑADA, JR.,
September 29, 2004, 439 SCRA 307, 3 12.
Petitioner, v. HOUSE

OF REPRESENTATIVES
17Cottam v. Laysa, Adm. Case No. 4834,
ELECTORAL
TRIBUNAL, ANGELINA February 29, 2000, 326 SCRA 614, 617.
"HELEN" D. TAN, AND
18Rollo, pp. 87-88.
ALVIN JOHN S.
TAÑADA,
Respondents. 19 Id. at 75.
A.C. No. 9831, 20 Supra note 3.
March 09, 2016 -

CHAN SHUN KUEN,
Complainant, v. 21Rollo, p. 46.

COMMISSIONERS

LOURDES B. COLOMA-

JAVIER, GREGORIO O.

BILOG III, RAUL

TAGLE AQUINO AND
Back to Home | Back to Main
ATTY. JOYRICH M.
GOLANGCO,
Respondent.

G.R. No. 217121,

March 16, 2016 -
SYSTEMS AND PLAN
INTEGRATOR AND
DEVELOPMENT
CORPORATION,
REPRESENTED BY ITS
PRESIDENT, ENGR.
JULIETA CUNANAN,
Petitioner, v.
MUNICIPAL
GOVERNMENT OF
MURCIA, Respondent.

G.R. No. 211642,

March 09, 2016 -
NELSON TEÑIDO Y
SILVESTRE, Petitioner,
v. PEOPLE OF THE
PHILIPPINES,
Respondent.

G.R. No. 211411,

March 16, 2016 -
SILVERTEX WEAVING
CORPORATION/ARMANDO
ARCENAL/ROBERT
ONG, Petitioners, v.
TEODORA F. CAMPO,
Respondent.

G.R. No. 193313,

March 16, 2016 -
ERNIE IDANAN,
NANLY DEL BARRIO
AND MARLON
PLOPENIO, Petitioners,
v. PEOPLE OF THE
PHILIPPINES,
Respondent.

G.R. Nos. 170746-

47, March 07, 2016 -
CALTEX
(PHILIPPINES), INC.,
CALTEX PHILIPPINES
PETROLEUM, CO.,
INC., CALTEX
SERVICES
(PHILIPPINES), INC.,
CALTEX OCEANIC
LIMITED, CALTEX
INVESTMENT AND
TRADING LIMITED,
CALTEX PETROLEUM
CORPORATION,
CALTRAPORT (FAR
EAST) COMPANY,
CALTEX TRADING AND
TRANSPORT
CORPORATION,
CALTEX SERVICES
CORPORATION,
AMERICAN OVERSEAS
PETROLEUM LIMITED,
P.T. CALTEX PACIFIC
INDONESIA, CALTEX
PETROLEUM INC.,
CALTEX ASIA,
LIMITED, CALIFORNIA
TEXAS OIL
CORPORATION,
CALTEX
INTERNATIONAL
SERVICES LIMITED,
CALTEX OIL
CORPORATION,
CALTEX OIL
CORPORATION
(DELAWARE), CALTEX
OIL CORPORATION
(NEW YORK), CALTEX
OIL PRODUCT
COMPANY, CALTEX
(OVERSEAS) LIMITED,
CALTEX
INTERNATIONAL
LIMITED, CALTEX OIL
CORP., Petitioners, v.
MA. FLOR A. SINGZON
AGUIRRE, ERNEST
SINGZON, CESAR
SINGZON AND ALL
THE OTHER
PLAINTIFFS-
INTERVENORS IN
CIVIL CASES NOS.
91-59592,91-59658,
AND 92-61026
PENDING BEFORE THE
REGIONAL TRIAL
COURT OF MANILA,
BRANCH 39,
Respondents.

G.R. No. 185979,

March 16, 2016 -
BANGKO SENTRAL NG
PILIPINAS, Petitioner,
v. VICENTE JOSE
CAMPA, JR., MIRIAM
M. CAMPA, MARIA
ANTONIA C. ORTIGAS,
MARIA TERESA C.
AREVALO, MARIA
NIEVES C. ALVAREZ,
MARIAN M. CAMPA
AND BALBINO JOSE
CAMPA, Respondents.

G.R. No. 205966,

March 02, 2016 -
BANGKO SENTRAL NG
PILIPINAS, Petitioner,
v. FELICIANO P.
LEGASPI, Respondent.

G.R. No. 185757,

March 02, 2016 -
SPOUSES VIRGILIO
DE GUZMAN, JR.
[SUBSTITUTED BY
HIS WIFE, LYDIA S.
DE GUZMAN, AND
CHILDREN, NAMELY,
RUEL S. DE GUZMAN,
ET AL. AND LYDIA S.
DE GUZMAN,
Petitioners, v. COURT
OF APPEALS,
MINDANAO STATION,
LAMBERTO BAJAO,
HEIR OF SPOUSES
LEONCIO* BAJAO AND
ANASTACIA Z. BAJAO,
Respondents.

G.R. No. 218172,

March 16, 2016 -
UNIVERSAL ROBINA
SUGAR MILLING
CORPORATION,
Petitioner, v. ELMER
ABLAY, ILDEFONSO
CLAVECILLAS,
STANLEY BLAZA,
VINCENT
VILLAVICENCIO,
ROBERTO CACAS,
AND ELSA CADAYUNA,
IN BEHALF OF HER
DECEASED HUSBAND,
ELEAZAR CADAYUNA,
Respondents.

A.M. No. RTJ-15-

2408 (Formerly OCA
IPI No. 13-4134-RTJ),
March 02, 2016 -
FLORANTE A. MIANO,
Complainant, v. MA.
ELLEN M. AGUILAR,
Respondent.

G.R. No. 195835,

March 14, 2016 -
SISON OLAÑO,
SERGIO T. ONG,
MARILYN O. GO, AND
JAP FUK HAI,
Petitioners, v. LIM
ENG CO, Respondent.

G.R. Nos. 212593-

94, March 15, 2016 -
JESSICA LUCILA G.
REYES, Petitioner, v.
THE HONORABLE
OMBUDSMAN,
Respondent.;
G.R.Nos. 213163-78 -
JESSICA LUCILA G.
REYES, Petitioner, v.
THE HONORABLE
SANDIGANBAYAN
(THIRD DIVISION)
AND PEOPLE OF THE
PHILIPPINES,
Respondents.; G.R.
Nos. 213540-41 -
JANET LIM NAPOLES,
Petitioner, v.
CONCHITA CARPIO
MORALES IN HER
OFFICIAL CAPACITY
AS OMBUDSMAN,
PEOPLE OF THE
PHILIPPINES, AND
SANDIGANBAYAN,
Respondents.; G.R.
Nos. 213542-43 - JO
CHRISTINE NAPOLES
AND JAMES
CHRISTOPHER
NAPOLES, Petitioners,
v. CONCHITA CARPIO
MORALES, IN HER
CAPACITY AS
OMBUDSMAN, PEOPLE
OF THE PHILIPPINES,
AND
SANDIGANBAYAN,
Respondents.; G.R.
Nos. 215880-94 - JO
CHRISTINE NAPOLES
AND JAMES
CHRISTOPHER
NAPOLES, Petitioners,
v. SANDIGANBAYAN
AND PEOPLE OF THE
PHILIPPINES,
Respondents.; G.R.
Nos. 213475-76 -
JOHN RAYMUND DE
ASIS, Petitioner, v.
CONCHITA CARPIO
MORALES, IN HER
OFFICIAL CAPACITY
AS OMBUDSMAN,
PEOPLE OF THE
PHILIPPINES, AND
SANDIGANBAYAN
(THIRD DIVISION),
Respondents.

G.R. No. 184513,

March 09, 2016 -
DESIGNER BASKETS,
INC., Petitioner, v. AIR
SEA TRANSPORT, INC.
AND ASIA CARGO
CONTAINER LINES,
INC., Respondents.

A.M. No. P-16-3430

(Formerly OCA IPI No.
12-3905-P), March
01, 2016 - AIREEN A.
MAHUSAY,
Complainant, v.
GEORGE E. GAREZA,
SHERIFF III,
MUNICIPAL TRIAL
COURT IN CITIES,
VICTORIAS CITY,
NEGROS
OCCIDENTAL,
Respondent.

G.R. No. 174747,

March 09, 2016 -
REPUBLIC OF THE
PHILIPPINES
REPRESENTED BY
PRIVATIZATION AND
MANAGEMENT
OFFICE, Petitioners, v.
NATIONAL LABOR
RELATIONS
COMMISSION (THIRD
DIVISION) AND
NACUSIP/BISUDECO
CHAPTER/GEORGE
EMATA, DOMINGO
REBANCOS, NELSON
BERINA, ROBERTO
TIRAO, AMADO
VILLOTE, AND
BIENVENIDO FELINA,
Respondents.

G.R. No. 199282,

March 14, 2016 -
TRAVEL & TOURS
ADVISERS,
INCORPORATED,
Petitioner, v. ALBERTO
CRUZ, SR., EDGAR
HERNANDEZ AND
VIRGINIA MUÑOZ,
Respondents.

G.R. No. 214243,

March 16, 2016 -
REPUBLIC OF THE
PHILIPPINES,
Petitioner, v. NILDA B.
TAMPUS, Respondent.

G.R. No. 204965,

March 02, 2016 -
SPOUSES ROMULO H.
ESPIRITU AND
EVELYN ESPIRITU,
Petitioners, v.
SPOUSES NICANOR
SAZON AND
ANNALIZA G. SAZON,
Respondents.

A.C. No. 10483,

March 18, 2016 - THE
CHRISTIAN
SPIRITISTS IN THE
PHILIPPINES, INC.,
PICO LOCAL CENTER,
REPRESENTED BY
THEIR ATTORNEY-IN-
FACT, EDWIN A.
PANTE, Complainant,
v. ATTY. DANIEL D.
MANGALLAY,
Respondent.

G.R. Nos. 201856-

57, March 16, 2016 -
LAND BANK OF THE
PHILIPPINES,
Petitioner, v.
CONCEPCION
PADILLA-MUNSAYAC
AND BONIFACIO-
MUNSAYAC,
Respondents.; G.R.
NO. 201871 -
DEPARTMENT OF
AGRARIAN REFORM
REP. BY SEC. NASSER
C. PANGANDAMAN
(NOW VIRGILIO R.
DELOS REYES),
Petitioner, v.
CONCEPCION
PADILLA-MUNSAYAC
AND BONIFACIO
MUNSAYAC,
Respondents.

G.R. No. 210972,

March 19, 2016 -
ROGER ALLEN
BIGLER, Petitioner, v.
PEOPLE OF THE
PHILIPPINES AND
LINDA SUSAN
PATRICIA E.
BARRETO,
Respondents.

G.R. Nos. 202647-

50, March 09, 2016 -
CORAZON H.
RICAFORT, JOSE
MANUEL H. RICAFORT
AND MARIE GRACE H.
RICAFORT, Petitioners,
v. THE HONORABLE
ISAIAS P. DICDICAN,
THE HONORABLE
RAMON M. BATO, JR.,
AND THE HONORABLE
EDUARDO B.
PERALTA, JR., IN
THEIR OFFICIAL
CAPACITIES AS
MEMBERS OF THE
SPECIAL FOURTEENTH
DIVISION OF THE
COURT OF APPEALS,
NATIONWIDE
DEVELOPMENT
CORPORATION,
ROBERTO R. ROMULO,
CONRADO T.
CALALANG, ALFREDO
I. AYALA, JOHN
ENGLE, LEOCADIO
NITORREDA AND LUIS
MANUEL GATMAITAN,
Respondents.; G.R.
NOS. 205921-24 -
CORAZON H.
RICAFORT, JOSE
MANUEL H. RICAFORT
AND MARIE GRACE H.
RICAFORT, Petitioners,
v. ROBERTO R.
ROMULO, CONRADO T.
CALALANG, ALFREDO
I. AYALA, JOHN
ENGLE, LEOCADIO
NITORREDA,
NATIONWIDE
DEVELOPMENT
CORPORATION AND
LUIS MANUEL L.
GATMAITAN,
Respondents.

G.R. No. 217799,

March 16, 2016 - CITA
C. PEREZ, Petitioner,
v. FIDEL D. AQUINO,
Respondent.

G.R. No. 218399,

March 02, 2016 -
PEOPLE OF THE
PHILIPPINES, Plaintiff-
Appellee, v.
GODOFREDO COMBOY
Y CRONICO, Accused-
Appellant.

G.R. No. 214430,

March 09, 2016 -
FELICITO M.
MEJORADO, Petitioner,
v. HON. FLORENCIO
B. ABAD, IN HIS
CAPACITY AS THE
SECRETARY OF THE
DEPARTMENT OF
BUDGET AND
MANAGEMENT,
Respondent.

A.C. No. 10543,

March 16, 2016 -
NENITA D. SANCHEZ,
Petitioner, v. ATTY.
ROMEO G. AGUILOS,
Respondent.

G.R. No. 159350,

March 09, 2016 -
ALUMAMAY O.
JAMIAS, JENNIFER C.
MATUGUINAS AND
JENNIFER F. CRUZ,*
Petitioners, v.
NATIONAL LABOR
RELATIONS
COMMISSION
(SECOND DIVISION),
HON.
COMMISSIONERS:
RAUL T. AQUINO,
VICTORIANO R.
CALAYCAY AND
ANGELITA A.
GACUTAN; HON.
LABOR ARBITER
VICENTE R. LAYAWEN;
INNODATA
PHILIPPINES, INC.,
INNODATA
PROCESSING
CORPORATION,
(INNODATA
CORPORATION), AND
TODD SOLOMON,
Respondents.

G.R. No. 170679,

March 09, 2016 -
TUNG HUI CHUNG
AND TONG HONG
CHUNG, Petitioners, v.
SHIH CHIU HUANG
A.K.A. JAMES SHIH,
Respondent.

A.M. No. P-10-2793

(Formerly A.M. OCA
IPI No. 06-2406-P),
March 08, 2016 -
SIMPLECIO A.
MARSADA,
Complainant, v.
ROMEO M.
MONTEROSO,
SHERIFF IV,
REGIONAL TRIAL
COURT, BRANCH 34,
CABADBARAN,
AGUSAN DEL NORTE,
Respondent.

G.R. No. 214752,

March 09, 2016 -
EQUITABLE SAVINGS
BANK, (NOW KNOWN
AS THE MERGED
ENTITY "BDO
UNIBANK, INC.")
Petitioner, v.
ROSALINDA C.
PALCES, Respondent.

DECISION - PEREZ,
J. - G.R. No. 221697,
March 08, 2016 -
MARY GRACE
NATIVIDAD S. POE-
LLAMANZARES,
Petitioner, v.
COMMISSION ON
ELECTIONS AND
ESTRELLA C.
ELAMPARO,
Respondents.; G.R.
NOS. 221698-700 -
MARY GRACE
NATIVIDAD S. POE-
LLAMANZARES,
Petitioner, v.
COMMISSION ON
ELECTIONS,
FRANCISCO S. TATAD,
ANTONIO P.
CONTRERAS AND
AMADO D. VALDEZ,
Respondents.

SERENO, C.J.: -
CONCURRING
OPINION - G.R. No.
221697, March 08,
2016 - MARY GRACE
NATIVIDAD S. POE-
LLAMANZARES,
Petitioner, v.
COMMISSION ON
ELECTIONS AND
ESTRELLA C.
ELAMPARO,
Respondents.; G.R.
NOS. 221698-700 -
MARY GRACE
NATIVIDAD S. POE-
LLAMANZARES,
Petitioner, v.
COMMISSION ON
ELECTIONS,
FRANCISCO S. TATAD,
ANTONIO P.
CONTRERAS AND
AMADO D. VALDEZ,
Respondents.

CARPIO, J.:
DISSENTING OPINION
- G.R. No. 221697,
March 08, 2016 -
MARY GRACE
NATIVIDAD S. POE-
LLAMANZARES,
Petitioner, v.
COMMISSION ON
ELECTIONS AND
ESTRELLA C.
ELAMPARO,
Respondents.; G.R.
NOS. 221698-700 -
MARY GRACE
NATIVIDAD S. POE-
LLAMANZARES,
Petitioner, v.
COMMISSION ON
ELECTIONS,
FRANCISCO S. TATAD,
ANTONIO P.
CONTRERAS AND
AMADO D. VALDEZ,
Respondents.

BRION, J. -
DISSENTING OPINION
- G.R. No. 221697,
March 08, 2016 -
MARY GRACE
NATIVIDAD S. POE-
LLAMANZARES,
Petitioner, v.
COMMISSION ON
ELECTIONS AND
ESTRELLA C.
ELAMPARO,
Respondents.; G.R.
NOS. 221698-700 -
MARY GRACE
NATIVIDAD S. POE-
LLAMANZARES,
Petitioner, v.
COMMISSION ON
ELECTIONS,
FRANCISCO S. TATAD,
ANTONIO P.
CONTRERAS AND
AMADO D. VALDEZ,
Respondents.

CAGUIOA, J.:
SEPARATE
CONCURRING
OPINION - G.R. No.
221697, March 08,
2016 - MARY GRACE
NATIVIDAD S. POE-
LLAMANZARES,
Petitioner, v.
COMMISSION ON
ELECTIONS AND
ESTRELLA C.
ELAMPARO,
Respondents.; G.R.
NOS. 221698-700 -
MARY GRACE
NATIVIDAD S. POE-
LLAMANZARES,
Petitioner, v.
COMMISSION ON
ELECTIONS,
FRANCISCO S. TATAD,
ANTONIO P.
CONTRERAS AND
AMADO D. VALDEZ,
Respondents.
DEL CASTILLO, J.:

DISSENTING OPINION
- G.R. No. 221697,
March 08, 2016 -
MARY GRACE
NATIVIDAD S. POE-
LLAMANZARES,
Petitioner, v.
COMMISSION ON
ELECTIONS AND
ESTRELLA C.
ELAMPARO,
Respondents.; G.R.
NOS. 221698-700 -
MARY GRACE
NATIVIDAD S. POE-
LLAMANZARES,
Petitioner, v.
COMMISSION ON
ELECTIONS,
FRANCISCO S. TATAD,
ANTONIO P.
CONTRERAS AND
AMADO D. VALDEZ,
Respondents.

JARDELEZA, J.:
CONCURRING
OPINION - G.R. No.
221697, March 08,
2016 - MARY GRACE
NATIVIDAD S. POE-
LLAMANZARES,
Petitioner, v.
COMMISSION ON
ELECTIONS AND
ESTRELLA C.
ELAMPARO,
Respondents.; G.R.
NOS. 221698-700 -
MARY GRACE
NATIVIDAD S. POE-
LLAMANZARES,
Petitioner, v.
COMMISSION ON
ELECTIONS,
FRANCISCO S. TATAD,
ANTONIO P.
CONTRERAS AND
AMADO D. VALDEZ,
Respondents.

LEONARDO-DE
CASTRO, J.:
SEPARATE
DISSENTING OPINION
- G.R. No. 221697,
March 08, 2016 -
MARY GRACE
NATIVIDAD S. POE-
LLAMANZARES,
Petitioner, v.
COMMISSION ON
ELECTIONS AND
ESTRELLA C.
ELAMPARO,
Respondents.; G.R.
NOS. 221698-700 -
MARY GRACE
NATIVIDAD S. POE-
LLAMANZARES,
Petitioner, v.
COMMISSION ON
ELECTIONS,
FRANCISCO S. TATAD,
ANTONIO P.
CONTRERAS AND
AMADO D. VALDEZ,
Respondents.

PERLAS-BERNABE,
J.: DISSENTING
OPINION - G.R. No.
221697, March 08,
2016 - MARY GRACE
NATIVIDAD S. POE-
LLAMANZARES,
Petitioner, v.
COMMISSION ON
ELECTIONS AND
ESTRELLA C.
ELAMPARO,
Respondents.; G.R.
NOS. 221698-700 -
MARY GRACE
NATIVIDAD S. POE-
LLAMANZARES,
Petitioner, v.
COMMISSION ON
ELECTIONS,
FRANCISCO S. TATAD,
ANTONIO P.
CONTRERAS AND
AMADO D. VALDEZ,
Respondents.

VELASCO, JR., J.:

CONCURRING
OPINION - G.R. No.
221697, March 08,
2016 - MARY GRACE
NATIVIDAD S. POE-
LLAMANZARES,
Petitioner, v.
COMMISSION ON
ELECTIONS AND
ESTRELLA C.
ELAMPARO,
Respondents.; G.R.
NOS. 221698-700 -
MARY GRACE
NATIVIDAD S. POE-
LLAMANZARES,
Petitioner, v.
COMMISSION ON
ELECTIONS,
FRANCISCO S. TATAD,
ANTONIO P.
CONTRERAS AND
AMADO D. VALDEZ,
Respondents.

LEONEN, J.:
CONCURRING
OPINION - G.R. No.
221697, March 08,
2016 - MARY GRACE
NATIVIDAD S. POE-
LLAMANZARES,
Petitioner, v.
COMMISSION ON
ELECTIONS AND
ESTRELLA C.
ELAMPARO,
Respondents.; G.R.
NOS. 221698-700 -
MARY GRACE
NATIVIDAD S. POE-
LLAMANZARES,
Petitioner, v.
COMMISSION ON
ELECTIONS,
FRANCISCO S. TATAD,
ANTONIO P.
CONTRERAS AND
AMADO D. VALDEZ,
Respondents.

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A.C. No. 10483, - THE CHRISTIAN SPIRITISTS IN THE PHILIPPINES, INC. v. ATTY. DANIEL D. MANGALLAY

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21/02/2022, 12:52 A.C. No. 10483, March 18, 2016 - THE CHRISTIAN SPIRITISTS IN THE PHILIPPINES, INC.

INES, INC., PICO LOCAL CENTER, REPRES…

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March 2016 - Philippine Supreme Court Decisions/Resolutions

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Philippine Supreme Court Jurisprudence > Year 2016 >

A.C. No. 10483, March 18, 2016 - THE CHRISTIAN

A.C. No. 10483, March 18, 2016

THE CHRISTIAN SPIRITISTS IN THE PHILIPPINES,

This administrative case against the respondent attorney

The demolition impelled the CSP-PLC, represented by its

Pante avers that the CSP-PLC constructed its church

bought it from Larry Ogas;1 that on June 11, 2012,

Pedro Loy;2 that the MTC later on decided the case by

As earlier mentioned, the respondent sought and

and the pastoral house of the CSP-PLC.4

Pante now insists that the demolition was done without a

In response, the respondent denies any wrong doing. He

order;5 that after receiving the decision of the MTC, the

period given to them;7 that he then moved for the

by the MTC;8 that the sheriffs report dated November

issued the writ of demolition.10

The respondent avers that it was not he but the sheriffs

lawful order of the court.11

The respondent submits that there was nothing wrong in

Ruling of the Court

The complaint for disbarment is absolutely devoid of

Section 1, Rule 139-B of the Rules of Court, provides as

Section 1. How Instituted. — Proceedings for

of the Philippines (IBP) upon the verified

complaint of any person. The complaint shall

JOSE EMMANUEL P. The IBP Board of Governors may, motu

AS CHAIRMAN OF Six (6) copies of the verified complaint shall

G.R. No. 203005,

ANGAN, Petitioners, v. the IBP for investigation, report and recommendation.

G.R. No. 205206,

March 16, 2016 -

G.R. No. 184251,

PARADO AND JOHN

DOES, Respondents. xxxx

G.R. No. 197056, B. PROCEEDINGS IN THE SUPREME

ACCOMPANIED BY Section 13. Investigation of complaints. - In

SAN MIGUEL, The complaint may also be referred to

THE HEIRS OF ROSITA

FLORES., the administrative case can be decided on the basis of

ATTORNEY-IN-FACT, It is upon this that we dispense with the need to refer

CATACUTAN, conduct of the formal investigation. The documents he

A.M. No. RTJ-16-

JEREMIAS P. ABAN his legal remedies to enforce the judgment against

METALS INC. (SRMI),

A.C. No. 9684,

Complainant, v. Caguioa, JJ., concur.

ASSISTANT CITY 2 Id.

PATRICK NOEL P. DE 3 Id. at 17. The dispositive portion reads:

WHEREFORE, premises considered, judgment

March 02, 2016 -

2. Declaring defendants as builders in good

March 02, 2016 - JOEL

AND ATTY. NORMAN R.

G.R. No. 185365,

March 02, 2016 -

THROUGH HIS WIFE

THROUGH HIS WIFE 7 Id. at 55.

EULOGIO PACON, 8 Id. at 80-81.