10 Qualified Theft - People Vs Criz

8/27/22, 2:23 AM G.R. No. 200081, June 08, 2016 - PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, v. EDGARDO T. CRUZ, Accused-Appellant.
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G.R. No. 200081, June 08, 2016
- PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, v.
EDGARDO T. CRUZ, Accused-Appellant.:

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G.R. No. 200081, June 08, 2016 - PEOPLE OF THE

PHILIPPINES, Plaintiff-Appellee, v. EDGARDO T. CRUZ,
Accused-Appellant.
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8/27/22, 2:23 AM G.R. No. 200081, June 08, 2016 - PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, v. EDGARDO T. CRUZ, Accused-Appellant. : June 20…

THIRD DIVISION
G.R. No. 200081, June 08, 2016
PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, v.

EDGARDO T. CRUZ, Accused-Appellant.
DECISION
PEREZ, J.:
Before us is an appeal from the Decision1 of the Court of

Appeals (CA) dated 29 April 2011 in CA-G.R. CR No.
32134 affirming the Decision2 of the Regional Trial Court

(RTC) of Pasig City, Branch 262 of Pateros, Metro Manila
dated 27 May 2008 in Criminal Case No. 123851, entitled
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People v. Cruz, which found accused-appellant Edgardo
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T. Cruz guilty of the crime of Qualified Theft punishable

under Article 310 of the Revised Penal Code and

sentenced him to suffer the penalty of reclusion
perpetua.
Facts
Sometime in November 2000, private complainant

Eduardo S. Carlos (Carlos) put up a business engaged in
the sale of tires, batteries, and services for wheel
alignment, wheel balancing and vulcanizing under the
name and style of Chromax Marketing (Chromax).
During the infancy of Chromax, Carlos sought the help of

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accused-appellant Edgardo T. Cruz (Cruz) to register and
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manage the business, i.e., attend to the needs of the

customers, receive orders, issue receipts and accept
payments, and to prepare daily sales report for Carlos to
be able to monitor the number of sales made, credits
given, and total amount collected.

Software
When Chromax began to gain recognition, Carlos
employed several other employees. However, despite the

rise of number of clients they were servicing, Chromax's
financial capital remained unimpressive. Thus, upon
inquiry prompted by suspicion, Carlos discovered
through his sister, Eliza Cruz, that Cruz was stealing from
Chromax.
On 19 February 2002, Carlos, as part of his routine,

checked the daily sales report containing the list of
payments and balances of customers. Upon examination,
he discovered that the remaining balance of their
customers and Cruz's advances (vale) totaled to
P97,984.00.3 At the bottom of the balance sheet4 was an

acknowledgment that the amount stated as lost was
actually used by Cruz, which reads, "Mr. Eddie Carlos
(sic) Amount stated lost was actually used by me for my
personal use and (sic) which I promise to pay you
back."5
Upon further investigation, Carlos also discovered an

irregularity in the receipts issued to services rendered to
Miescor covering the same transaction with an invoice
number 0287. The discrepancies were between the
amounts as indicated in the receipt issued to Miescor and
the receipt shown to him by Cruz. The receipt issued to
Miescor indicated the amount of P1,259.006 while the

receipt shown to him by Cruz contained the amount of
P579.00.7
Thus, on 18 July 2002, Carlos filed a criminal complaint

for qualified theft against Cruz.
The Information
That, on or about the 19th day of February,

2002, or prior thereto, in the Municipality of
Pateros, Metro Manila, Philippines and within

the jurisdiction of this Honorable Court, the
Software
above-named accused, being then an
employee of Chromax Marketing, enjoying

the trust and confidence reposed upon him by
his employer, with intent to gain, grave abuse
of confidence and without the knowledge and
consent of the owner thereof, did, then and
there willfully, unlawfully and feloniously take,
steal and carry away cash money amounting
to Php97,984.00 representing sales proceeds
of Chromax Marketing products and services,
belonging to said Chromax Marketing owned
by herein complainant Edgardo Carlos y
Santos, to the damage and prejudice of the
owner thereof in the aforesaid amount.
CONTRARY TO LAW.8
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During arraignment, Cruz pleaded not guilty to the crime

charged. Thereafter, trial on the merits ensued. The
prosecution presented two witnesses, namely: (1)
Carlos, who testified that he knew Cruz two years before
they set up Chromax and denied that he knew nothing
about granting commissions to Miescor drivers; and (2)
Keithly Cruz, who testified that as a cashier at Chromax,
she saw Cruz hand a yellow piece of paper9 to Carlos,

which she also saw was personally prepared by Cruz
contrary to Cruz's allegation that the balance sheet as
written in the yellow piece of paper was forged.10
On the other hand, the defense presented its sole

witness, Cruz, who denied liability for qualified theft. He
insinuated that Chromax started losing money from the
time another employee, Jeffrey Albaitar (Albaitar), was
employed. Moreover, with only few months since Albaitar
was employed, Albaitar was already able to buy a brand
new cellphone valued at P11,000.00. Finally, Cruz
averred that his purported signature and declaration in

the balance sheet that the missing collectible sum of
Software
money was allegedly used by him for personal use were
forged.
Ruling of the RTC
On 27 May 2008, the RTC convicted Cruz finding him

guilty beyond reasonable doubt of the crime of Qualified
Theft in Criminal Case No. 123851.
The RTC opined that Cruz's admission of taking the

amount stated as loss for his personal use is enough to
sustain his conviction. The RTC, citing People v.
Mercado,11 held that "the declaration of the accused

expressly acknowledging his guilt to the offense may be
given in evidence against him, and any person otherwise
competent to testify as a witness, who heard the
confession, is competent to testify as to the substance of
what he heard, if he understood it."
The RTC went on further stating that even without Cruz's

extrajudicial admission, there is enough circumstantial
evidence to uphold his conviction. The RTC ruled that the
following circumstances were established by the
prosecution which prove that it was only Cruz who had
sales control and supervision of Chromax from receipt of
payment, issuance of receipts, and credit collections:
chanRoblesvirtualLawlibrary
1. [Cruz] is the manager and in-charge of

cash purchase and sales of merchandise
of Chromax Marketing.
2. Being the manager, he receives

payments, issues receipts and handles
credit collections of the company.
3. He likewise prepares daily sales reports.
The
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4. Aside from [Cruz], who goes to work
daily, Carlos and his immediate family
have access to the cash register.

However, they seldom go to Chromax
Marketing except Carlos who visits 2 to
3 times a week.
5. [Cruz] cannot validly explain the

shortages when confronted by Carlos.
He just blamed Albaitar for a missing
P100.00.12
Therefore, based on the pieces of evidence presented,

the prosecution established "an unbroken chain leading
to fair and reasonable conclusion that [Cruz] took the
subject amount loss."13
The RTC rejected Cruz's allegation that Carlos authorized

Cruz to grant commissions to Miescor's drivers. The RTC
stated that assuming Carlos indeed authorized Cruz to
give commissions, such authority is not a license to
steal. The dispositive portion of the Decision of the RTC
reads:
WHEREFORE, premises considered, judgment

is hereby rendered finding accused
EDGARDO T. CRUZ GUILTY beyond
reasonable doubt of the crime of Qualified
Theft and sentencing him to suffer the
penalty of reclusion perpetua. Further,
accused is ordered to pay the private
complainant in the amount of Php97,984.00

as actual damages.14
June-2016
Ruling of the Court of Appeals
Jurisprudence

The CA affirmed the ruling of the RTC and found that all

G.R. No. 175085, The World's #1 Board
the elements of theft, together with the circumstances

that led to the appreciation of the crime as qualified
June 01, 2016 - TAN Software
theft, were sufficiently established by the prosecution.
SIOK1 KUAN AND

PUTE CHING,
Petitioners, v. In the case at bar, Cruz was entrusted to receive

FELICISIMO "BOY" payments, issue receipts, and oversee all aspects
HO, RODOLFO C. pertaining to cash purchases and sale of merchandise of
RETURTA, VICENTE M. the business. By taking advantage of and gravely
SALAS, AND LOLITA abusing the trust and confidence of Carlos, Cruz was able
MALONZO, to appropriate the proceeds of the missing amounts for
Respondents. his personal benefit.
G.R. No. 211672, What is glaring is Cruz failed to provide any justifiable
June 14, 2016 - reason as to why the collectible balance in the balance
PEOPLE OF THE sheet could not be accounted for in spite of the
PHILIPPINES, Plaintiff- undisputed fact that he was personally responsible for
Appellee, v. JOHN the accounting and safekeeping of the same.
HAPPY DOMINGO Y
CARAG, Accused- The CA also took note that Cruz's categorical

Appellant. acknowledgment in the balance sheet that he used the

amount of money for his personal benefit with a promise
G.R. No. 204056, that the same will be paid, plus the fact that Cruz in
June 01, 2016 - GIL open court, testified that aside from having personally
MACALINO, JR., prepared the balance sheet, he also acknowledged his
TERESITA MACALINO, personal responsibility therefor.
ELPIDIO MACALINO,
PILAR MACALINO, As regards the defense's contention that his conviction

GILBERTO MACALINO, was merely based on circumstantial evidence, the CA
HERMILINA ruled that, "[d]irect evidence is not the sole means of
MACALINO, establishing guilt beyond reasonable doubt since
EMMANUEL circumstantial evidence, if sufficient, can supplant its
MACALINO, EDELINA absence. The crime charged may also be proved by
MACALINO, EDUARDO circumstantial evidence. xxx."15
MACALINO,
LEONARDO It is this submission that forms the basis of the present

MACALINO, appeal the argument being that the CA erred in
EDLLANE** convicting Cruz on the basis of insufficient circumstantial
MACALINO, APOLLO evidence.
MACALINO, MA. FE
MACALINO, AND

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Our Ruling
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GILDA MACALINO,
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Petitioners, v. The appeal is bereft of merit.
ARTEMIO PIS-AN,
Respondent. Theft, as defined in Article 308 of the Revised Penal Code

(RPC) provides:
G.R. No. 211290, chanRoblesvirtualLawlibrary
June 01, 2016 -

OMBUDSMAN- Art. 308. Who are liable for theft. — Theft is
MINDANAO, Petitioner, committed by any person who, with intent to
v. LILING LANTO gain but without violence against or
IBRAHIM, PROJECT intimidation of persons nor force upon things,
MANAGER, NATIONAL shall take personal property of another
IRRIGATION without the latter's consent.
ADMINISTRATION,
NIA-PIO, LANAO DEL Theft is likewise committed by:
NORTE, Respondent. chanRoblesvirtualLawlibrary
1. Any person who, having

G.R. No. 205061,
found lost property, shall fail
June 08, 2016 -
to deliver the same to the
EMERTIA G. MALIXI,
local authorities or to its
Petitioner, v. MEXICALI
owner;
PHILIPPINES AND/OR

FRANCESCA
2. Any person who, after
MABANTA,
having maliciously damaged
Respondents.
the property of another, shall

remove or make use of the

G.R. No. 208137,
fruits or object of the
June 08, 2016 -
damage caused by him; and
MARIA CECILIA

OEBANDA, EXECUTIVE
3. Any person who shall enter
DIRECTOR AND/OR
an enclosed estate or a field
THE OCCUPANTS AND
where trespass is forbidden
EMPLOYEES OF
or which belongs to another
VISAYAN FORUM
and without the consent of
FOUNDATION, INC.,
its owner, shall hunt or fish
Petitioners, v. PEOPLE
upon the same or shall
OF THE PHILIPPINES,
gather cereals, or other
Respondent.

The forest
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or farm products.
16
G.R. No. 203750, Software

Based on the foregoing, the elements of the crime of
June 06, 2016 - theft are: (1) there was taking of personal property; (2)
JORGE B. NAVARRA, the property belongs to another; (3) the taking was
Petitioner, v. PEOPLE without the consent of the owner; (4) the taking was
OF THE PHILIPPINES, done with intent to gain; and (5) the taking was
HONGKONG AND accomplished without violence or intimidation against the
SHANGHAI BANKING person or force upon things.17
CORPORATION,
Respondents. However, when theft is committed with grave abuse of

confidence, the crime appreciates into qualified theft
G.R. No. 209146, punishable under Article 310 of the RPC, to wit:
June 08, 2016 - chanRoblesvirtualLawlibrary
PROVINCE OF
ANTIQUE AND Art. 310. Qualified Theft. — The crime of theft
MUNICIPALITY OF shall be punished by the penalties next higher
CALUYA, Petitioners, v. by two degrees than those respectively
HON. RECTO A. specified in the next preceding article, if
CALABOCAL, JUDGE- committed by a domestic servant, or with
DESIGNATE, grave abuse of confidence, or if the property
REGIONAL TRIAL stolen is motor vehicle, mail matter or large
COURT, BRANCH 43, cattle or consists of coconuts taken from the
ROXAS, ORIENTAL premises of the plantation or fish taken from
MINDORO, PROVINCE a fishpond or fishery, or if property is taken
OF ORIENTAL on the occasion of fire, earthquake, typhoon,
MINDORO, AND volcanic eruption, or any other calamity,
MUNICIPALITY OF vehicular accident or civil disturbance.18
BULALACAO,
Respondents. Therefore, the elements of Qualified Theft committed

with grave abuse of confidence are as follows:
G.R. No. 200180, chanRoblesvirtualLawlibrary
June 06, 2016 -

1. Taking of personal property;
BENJAMIN H.
2. That the said property belongs to another;
CABAÑEZ, Petitioner,
3. That the said taking be done with intent to
v. MARIE JOSEPHINE
gain;
CORDERO SOLANO
4. That it be done without the owners
A.K.A. MA. JOSEPHINE
consent;
S. CABAÑEZ,
5. That it be accomplished without the use of
Respondent.

violence or intimidation against persons, nor

of force upon things; [and]
G.R. No. 207811, Software

June 01, 2016 -
PEOPLE OF THE 6. That it be done with grave abuse of

PHILIPPINES, Plaintiff- confidence.19 (Emphasis omitted)
Appellee, v. DELIA
All the elements of Qualified Theft are present in this
MOLINA Y CABRAL,
Accused-Appellants. case.
First. The defense contends that the prosecution was not

G.R. No. 212493,
June 01, 2016 - able to prove Cruz's guilt by direct evidence. The
GABRIEL YAP, SR. defense's contention is incorrect. The records reveal that
it is by Cruz's own admission why a conviction can be
DULY REPRESENTED
BY GILBERT YAP AND sustained. As already stated, Cruz declared that he took
ALSO IN HIS the money for his personal use, "Mr. Eddie Carlos (sic)
Amount stated lost was actually used by me for my
PERSONAL CAPACITY,
GABRIEL YAP, JR., personal use and (sic) which 1 promise to pay you
AND HYMAN YAP, back."20
Petitioners, v. LETECIA
SIAO, LYNEL SIAO, Nevertheless, even without Cruz's own admission and
JANELYN SIAO, direct evidence proving Cruz's guilt, a conviction can still
ELEANOR FAYE SIAO, be sustained. As correctly held by the CA, direct

SHELETT SIAO AND evidence is not the sole means to establish guilt because
HONEYLET SIAO, the accused's guilt can be proven by circumstantial
Respondents.; G.R. evidence.
No. 212504 - CEBU
SOUTH MEMORIAL Circumstantial evidence is defined as that which "goes to
GARDEN, INC., prove a fact or series of facts other than the facts in
Petitioner, v. LETECIA issue, which, if proved, may tend by inference to
SIAO, LYNEL SIAO, establish a fact in issue."21 Rule 133, Section 4 of the
JANELYN SIAO, Revised Rules of Court provides for the requirements in
ELEANOR FAYE SIAO, order for circumstantial evidence can sustain conviction:
SHELETT SIAO AND (a) there is more than one circumstance; (b) the facts
HONEYLET SIAO, from which the inferences are derived are proven; and
Respondents. (c) the combination of all the circumstances is such as to

produce a conviction beyond reasonable doubt.22
G.R. No. 182537, Contrary to the defense's allegation that the pieces of
June 01, 2016 - circumstantial evidence presented were insufficient, a
MACTAN-CEBU
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perusal of the records reveal otherwise. Based on the

evidence, there is more than one circumstance which can
AIRPORT AUTHORITY, Software
prove Cruz's guilt.
23
Petitioner, v. RICHARD
E. UNCHUAN,
Respondent. As sufficiently discussed by the trial court, besides Cruz's

own admission that he took the unaccounted money
G.R. No. 187462, without Carlos' knowledge and authority, Cruz's guilt was
June 01, 2016 - also proven through the following circumstantial
RAQUEL G. KHO, evidence: Cruz, as the manager of Chromax, had sole
Petitioner, v. access to the money and other collectibles of Chromax;
REPUBLIC OF THE he had sole authority to issue receipts; he gave
PHILIPPINES AND commissions without Carlos' authority; he forged the
VERONICA B. KHO, amount in the sales report and receipts; and finally,
Respondents. insinuated that it was Albaitar who misappropriated the

money without providing any scintilla of proof to support
G.R. No. 206419, his accusations.
June 01, 2016 -
PEOPLE OF THE Contrary to the defense's allegation that due to lack of

PHILIPPINES, Plaintiff- direct evidence the Court cannot uphold Cruz's
Appellee, v. RUBEN conviction, circumstantial evidence is not a "weaker"
DELA ROSA, Accused- form of evidence. The Rules of Court does not distinguish
Appellant. between direct and circumstantial evidence insofar as

their probative value is concerned. In the case at bar, the
G.R. No. 202047, combination of the circumstantial evidence draws no
June 08, 2016 - LIGHT other logical conclusion, but that Cruz stole the money
RAIL TRANSIT with grave abuse of confidence.
AUTHORITY, Petitioner,
v. NOEL B. PILI, Second. It is undisputed that the money unaccounted for

MEDEL I. LIRIO, was owned by Carlos. While Cruz is the manager of
RODERICK B. JAMON, Chromax, whose authority is limited to receiving
VICTORINO A. payments, issuing receipts, and overseeing all aspects
MACHICA, RONNIE C. pertaining to cash purchases and sale of merchandise of
VALORIA, VIRGILIO M. the business, he has no right to dispose of the same, and
FLORES, RENATO C. Carlos, as the owner of Chromax, has sole power of
PALMA, ANGELITO V. dominion over the proceeds therefrom.
GUINTO, RAMIRO M.
FELICIANO, ENRIQUE Third. Cruz himself admitted that he took the money for
L. CIUBAL, ELMER P. his benefit. During his direct examination, Cruz admitted
TABIGAN, VENANCIO it was an advance or vale which he used for his mother's
T. MADRIA, MAXIMO hospitalization:
M. VITANGCOL, chanRoblesvirtualLawlibrary
Software
RODOLFO L. PAGUIO,
ARNEL F. MAGSALIN, Q: Now, there is an entry here, this one

JULIANA N. DOLOR, named vale, what is this vale all
NOEL C. CRUZ, SANDY about?
C. JARILLA, BERTITO
A: Yun po yung cash advance ko kay Mr.
I. SERVIDAD, ALAN R.
Carlos.
CORPUZ, ROBERT D.
PABLO, ROBERT H.
MONTEREY, HENRY L. Q: And when did you incur this vale of
LIAO, ROLANDO C. P12,000.00?
CEBANICO, VELIENTE
A: I cannot remember. That's the time
S. FANTASTICO, MA.
my mother was hospitalized.24
EMILIAN S. CRUZ,
EDGARDO G.
Fourth. Contrary to Cruz's allegation that the
GAMBAYAN, GERARDO
unaccounted money he gave as commission to Miescor
M. RUMBAWA, DANTE
drivers was authorized by Carlos, the records reveal
D. PALOMARA, MA.
otherwise. As clearly established by the prosecution,
TERESA B. DE LOS
Cruz's act of giving commissions were baseless:
REYES, JOSE ALLAN S.

PACIFICO, RESTITUTO
R. MALAPO, EARL G.
Q: Also in relation to the invoice receipt
PONGCO, LUCILO C.
wherein you said you discovered that
DEL MONTE, RUEL F.
he overpriced the transaction, can you
MAGBALANA, MARLYN
remember that? The sales invoice
V. VILLANUEVA,
issued to Miescor?
JUDITH C. BANEZ,
GERMAN N. DE LUNA,
A: "Ang ibig ko pong sabihin dun, iba
FREDERICK B. DEL
yung report n'ya sa [akin. Iba] yung
CORRO, CLODUALDO
resibong ine-rereport n'ya para
B. PASIOLAN, magawa n'ya yung instruction ko na
ROLANDO I. daily sales report, iba naman ang ini-
NAVARRO, AND
issue n'ya sa customer."
PACIANO J.
VILLANUEVA,*,
Q: Are you not [a]ware of the fact that
Respondents.
he did this because he wants the

drivers of the Miescor to have a

G.R. No. 211026,
June 27, 2016 - The World's
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on this overpricing?
PEOPLE OF THE A:Software

No, sir. 25
PHILIPPINES, Plaintiff-
Appellee, v. RENATO Therefore, Cruz misappropriated the unaccounted money

B. SUEDAD, Accused- without Carlos' knowledge or consent.
Appellant.

Fifth. It is indisputable that the act was accomplished
G.R. No. 204441, without the use of violence or intimidation against
June 08, 2016 - persons, or of force upon things as Cruz had free access
PEOPLE OF THE to the cashier of Chromax.
PHILIPPINES,
Petitioner, v. MICHAEL Sixth. As Chromax's manager, Cruz had access to

KURT JOHN BULAWAN Chromax's cashier. He was entrusted to receive
Y ANDALES, payments, issue receipts, and oversee all aspects
Respondent. pertaining to cash purchases and sale of merchandise of

the business. Indeed, his position entails a high degree
G.R. No. 201834, of confidence as he had access to the lists of sales report
June 01, 2016 - and the cash of the daily sales. However, Cruz took
ANDRES L. DIZON, advantage of this trust and confidence. He exploited his
Petitioner, v. NAESS position to take the money and was able to accomplish
SHIPPING the crime with grave abuse of confidence.
PHILIPPINES, INC.
AND DOLE UK (LTD.), As regards the defense's insinuation that it was Albaitar
Respondents. who misappropriated the money, such bare allegations

must fail. It cannot prevail over the overwhelming
G.R. No. 196962, evidence proving his guilt.
June 08, 2016 -
PEOPLE OF THE Cruz averred that his purported signature and

PHILIPPINES, Plaintiff- declaration in the balance sheet that the missing
Appellee, v. JOAN collectible sum of money which he supposedly used for
SONJACO Y STA. ANA, personal purpose were forged. His testimony belies any
Accused-Appellant. allegation of forgery:

G.R. No. 191936,

June 01, 2016 - Q: Now, you said earlier that when you
VIRGINIA D. gave this one to Mr. Carlos, he did not
CALIMAG, Petitioner, execute this portion and from this
v. HEIRS OF Exhibit "A", "A-1", "A-2", "A-4", "A-5".
SILVESTRA N.
MACAPAZ,
From Exhibit "A-3" and "A-1".
REPRESENTED BY Software
A: At first[,] I only gave him this paper.
ANASTACIO P.
MACAPAZ, JR., Q: When was that?

Respondents.
A: I only wrote this on the 19th of

G.R. No. 193374, February.
June 08, 2016 -

HEIRS OF THE LATE Q: This portion? Exhibit "A-3" and "A-1"?
GERRY* ECARMA,
A: Yes, sir.
NAMELY: AVELINA
SUIZA-ECARMA,
DENNIS ECARMA, Q: And this portion Exhibit "A"[,] "A-2"
JERRY LYN ECARMA up to "A-5"?
PENA, ANTONIO
A: I prepared that on the 10th of
ECARMA AND NATALIA
February.
ECARMA SANGALANG,
Petitioners, v. COURT
Q: Now, what was the reason why you
OF APPEALS AND
RENATO A. ECARMA, wrote this portion marked as Exhibit
Respondents. "A-3" and "A-1"?
A: He asked me to sign this paper

G.R. No. 175592,
proving that I prepared this and I
June 14, 2016 -
knew that I was supposed to pay all
PEOPLE OF THE
this because I'm responsible. "So in
good faith, tsaka medyo ano na rin po
Appellee, v. EDISON
ako nun, parang iba na ang
C. MAGBITANG,
naramdaman ko, dahil yung
Accused-Appellant.
responsibility ko parang inalis na nya

dun na lang ako sa labas kaya sabi ko

G.R. No. 174838,
baka hindi ako magtagal. So in good
June 01, 2016 -
faith ko po naisulat ito." (Witness
STRONGHOLD
pointing to "A-3" and "A-1").26
INSURANCE CO., INC.,
Petitioner, v. PAMANA
Premises considered, we find no cogent reason to
ISLAND RESORT
reverse the conviction of Cruz, who was able to
HOTEL AND MARINA
perpetrate the crime of qualified theft through grave
CLUB, INC.,
abuse of confidence.
Respondent.

Imposable Penalty
G.R. No. 185331,

Software
June 08, 2016 -
SPOUSES ABELARDO The penalty for qualified theft is based on the value of
VALARAO AND the property stolen, which in this case is P97,984.00. To
FRANCISCA VALARAO, compute for the imposable penalty, we must first take
Petitioners, v. MSC the basic penalty for theft, which is prision mayor in its
AND COMPANY, minimum and medium periods to be imposed in the
Respondent. maximum period, that is, eight (8) years, eight (8)

months and one (1) day to ten (10) years of prision
G.R. No. 205097, mayor. To determine the additional years of
June 08, 2016 - imprisonment to be added to the basic penalty, the
CORAZON D. ISON, amount of P22,000.00 is deducted from P97,984.00,
Petitioner, v. PEOPLE which leaves a difference of P75,984.00. This amount is
OF THE PHILIPPINES, then divided by P10,000.00, disregarding any amount
Respondent. less than P10,000.00. The resulting quotient of 7 is

equivalent to 7 years, which is added to the basic
G.R. No. 211212, penalty.27
cralawred
June 08, 2016 - SUN

LIFE OF CANADA
In this case, because Cruz committed qualified theft, his
(PHILIPPINES), INC.,
penalty is two degrees higher than the penalty for simple
Petitioner, v. MA.
theft, which is reclusion temporal in its medium and
DAISY'S. SIBYA,
maximum periods to be imposed in its maximum period
JESUS MANUEL S.
or eighteen (18) years, two (2) months, and twenty-one
SIBYA III, JAIME LUIS
(21) days to twenty (20) years, which shall be added to
S. SIBYA, AND THE
the resulting quotient of 7 years. The resulting sum shall
ESTATE OF THE
then be the imposable penalty. Thus, the range of the
DECEASED ATTY.
imposable penalty is twenty-five (25) years, two (2)
JESUS SIBYA, JR.,
months, and twenty-one (21) days to twenty-seven (27)
Respondents.
years.
G.R. No. 208646,

Moreover, as the crime committed is qualified theft, we
June 15, 2016 -
do not apply the rule in simple theft that the maximum
PEOPLE OF THE
penalty cannot exceed twenty (20) years. The penalty
for qualified theft has no such limitation. His penalty
Appellee, v. LORETO
exceeds twenty (20) years of reclusion temporal, the
SONIDO Y CORONEL,
penalty that should be imposed, therefore, is reclusion
Accused-Appellant.
perpetua.28

G.R. No. 207517,

WHEREFORE, the appeal is DISMISSED. The Decision

June 01, 2016 - Software
dated 27 May 2008 of the Regional Trial Court in Criminal
PEOPLE OF THE
PHILIPPINES, Case No. 123851 is AFFIRMED, sentencing accused-

Appellee, v. RAUL appellant to serve the penalty of reclusion perpetua and
AMARO Y CATUBAY ordering him to pay private complainant in the amount of
ALIAS "LALAKS," P97,984.00 as actual damages, which shall earn legal
Appellant. interest of six percent (6%) per annum from date of

finality of this Court's Decision until full payment as per
G.R. No. 200081, BSP Circular No. 799, Series of 2013.
June 08, 2016 -
PEOPLE OF THE SO ORDERED.

cralawlawlibrary
Appellee, v. EDGARDO
Velasco, Jr., (Chairperson), Leonardo-De Castro,* and
T. CRUZ, Accused-
Reyes, JJ., concur.
Appellant.
Peralta, J., on official leave.
chanroblesvirtuallawlibrary
G.R. No. 194605,

June 14, 2016 - Endnotes:
PEOPLE OF THE
PHILIPPINES, Plaintiff- * Per Raffle dated 28 March 2016.
Appellee, v. MARIANO

OANDASAN, JR.,
1Rollo, pp. 2-17; penned by Associate Justice
Accused-Appellant.
Franchito N. Diamante with Associate Justices

Josefina Guevara-Salonga and Mariflor P.

G.R. No. 214440,
Punzalan Castillo, concurring. Justice Estela
June 15, 2016 -
M. Perlas-Bernabe took part in the
PEOPLE OF THE
proceedings in the Court of Appeals, see also,
rollo, p. 23.
Appellee, v. ALEX

MENDEZ RAFOLS,
2 CA rollo, pp. 261-268; penned by Presiding
Accused-Appellant.

Judge Isagani A. Geronimo.
G.R. No. 217732,
3 Exhibit "A-2", records, p. 110.
June 15, 2016 -

EMILIO S.
AGCOLICOL, JR., 4 Sometimes referred to as ledger or daily

Petitioner, v. JERWIN sales report, which was written in a yellow
CASIÑO, Respondent. piece of paper.
G.R. No. 172352, 5 Software

Exhibit "A-3", records, p. 110.
June 08, 2016 - LAND
BANK OF THE 6 Exhibit "B", id. at 111.
PHILIPPINES,
Petitioner, v. ALFREDO 7 Exhibit "C", id. at 112.
HABABAG, SR.,

SUBSTITUTED BY HIS
8 Records, p. 1.
WIFE, CONSOLACION,

AND CHILDREN,
9 Also referred to as the daily sales report,
NAMELY: MANUEL,
ledger or balance sheet.
SALVADOR, WILSON,

JIMMY, ALFREDO, JR.,

10 TSN, 29 October 2004.
AND JUDITH, ALL

SURNAMED HABABAG,
11 445 Phil. 813, 822 (2003).
Respondents.; G.R.
NOS. 172387-88 -
ALFREDO HABABAG, 12 Records, p. 193.
SR., SUBSTITUTED BY
HIS WIFE, 13 Id.
CONSOLACION, AND
CHILDREN, NAMELY: 14 Id. at 194.
MANUEL, SALVADOR,

WILSON, JIMMY,
15Rollo, p. 13.
ALFREDO, JR., AND

JUDITH, ALL
16 Article 308, Revised Penal Code.
SURNAMED HABABAG,
Petitioners, v. LAND
17Valenzuela v. People, 552 Phil. 381, 415

BANK OF THE
PHILIPPINES AND THE (2007).
DEPARTMENT OF
AGRARIAN REFORM, 18 Article 310, Revised Penal Code.
Respondent.

19People v. Mirto, 675 Phil. 895, 906 (2011).
G.R. No. 215994,
June 06, 2016 - 20 Exhibit "A-3", rollo, p. 110.
OFFICE OF THE

OMBUDSMAN AND
21Bacolod v. People, G.R. No. 206236, July
FIELD INVESTIGATION
OFFICE, Petitioner, v. The World's #1 Board
15, 2013, 701 SCRA 229, 234.
ROLANDO B. FALLER,
22
Software
Rule 133, Section 4 of the Revised Rules of
Respondent.

Court.
A.C. No. 11069,
June 08, 2016 - 23 1. [Cruz] is the manager and in-charge of

RONALDO C. cash purchase and sales of merchandise of
FACTURAN, Chromax Marketing.
Complainant, v.
PROSECUTOR Being the manager, he receives payments,

ALFREDO L. issues receipts and handles credit collection
BARCELONA, JR., of the company.
Respondent.

2. He likewise prepares daily sales reports.
G.R. No. 208475,
June 08, 2016 - 3. Aside from [Cruz], who goes to work daily,
PEOPLE OF THE Carlos and his immediate family have access
PHILIPPINES, Plaintiff- to the cash register. However, they seldom go
Appellee, v. MANUEL to Chromax Marketing except Carlos who
REBANUEL Y NADERA, visits 2 to 3 times a week.
Accused-Appellant.

4. [Cruz] cannot validly explain the shortages
G.R. No. 168749, when confronted by Carlos. He just blamed
June 06, 2016 - Albaitar for a missing P100.00.
SUGARSTEEL
INDUSTRIAL, INC. 24 TSN, January 13, 2006, p. 242.

cralawred
AND MR. BEN

YAPJOCO, Petitioners,
25 TSN, 16 April 2004, pp. 133-134.
v. VICTOR ALBINA,

VICENTE UY AND
26 TSN, 13 January 2006, pp. 243-244.
ALEX VELASQUEZ, cralawred
Respondents.

27Miranda v. People, 680 Phil. 126, 136
G.R. No. 160071, (2012).
June 06, 2016 -
ANDREW D. FYFE, 28San Diego v. People, G.R. No. 176114, April

RICHARD T. NUTTALL,
08, 2015.
AND RICHARD J.
WALD, Petitioners, v.
PHILIPPINE AIRLINES,
INC., Respondent.
Software

G.R. No. 217943, Back to Home | Back to Main

June 06, 2016 - J.
MELLIZA ESTATE
DEVELOPMENT
COMPANY, INC.,
REPRESENTED BY ITS
DIRECTOR, ATTY.
RAFAEL S.
VILLANUEVA,
Petitioner, v.
ROSENDO SIMOY,
GREGORIO SIMOY
AND CONSEJO SIMOY,
Respondents.

G. R. No. 185169,
June 15, 2016 -
HEIRS OF CATALINO
DACANAY, HIS WIFE
ERLINDA DACANAY,
THEIR CHILDREN
AURORA D.
CONSTANTINO AND
REYNALDO DACANAY;
LOLITA DACANAY
VDA. DE PARASO;
HEIRS OF SOLEDAD
APOSTOL, NAMELY:
HER HUSBAND
LEONARDO CAGUIOA,
THEIR CHILDREN
AMALIA, DANILO,
RONALD, MARLENE,
ROBERT, ROLDAN,
THELMA AND TERESA,
ALL SURNAMED
CAGUIOA, Petitioners, The World's #1 Board
v. JUAN SIAPNO, JR., Software

MARIO RILLON,
SPOUSES JOSE TAN

AND LETICIA DY TAN,
Respondents.

G.R. No. 201016,

June 22, 2016 -
LEONCIA A. YUMANG,
Petitioner, v. RADIO
PHILIPPINES
NETWORK, INC. (RPN
9), MIA A. CONCIO,
LEONOR C. LINAO,
IDA BARRAMEDA AND
LOURDES O.
ANGELES,
Respondents.

G.R. No. 189401,

June 15, 2016 - VIL-
REY PLANNERS AND
BUILDERS,
Petitioners, v. LEXBER,
INC., Respondent.;
G.R. NO. 189447 -
LEXBER, INC.,
Petitioner, v.
STRONGHOLD
INSURANCE
COMPANY, INC.,
Respondent.

G.R. No. 203057,

June 06, 2016 -
BUREAU OF INTERNAL
REVENUE AS
REPRESENTED BY THE
COMMISSIONER OF The World's #1 Board
INTERNAL REVENUE, Software

Petitioner, v. MANILA
HOME TEXTILE, INC,

THELMA LEE AND
SAMUEL LE,E,
Respondents.

G.R. No. 204769,

June 06, 2016 -
MAGSAYSAY
MARITIME CORP.,
CSCS
BMTERNATIONAL NV
AND/OR MARLON*
RONO, Petitioners, v.
RODEL A. CRUZ,
Respondent.

G.R. No. 203336,

June 06, 2016 -
SPOUSES GERARDO
AND CORAZON
TRINIDAD, Petitioners,
v. FAMA REALTY, INC.
AND FELIX ASSAD,
Respondents.

G.R. No. 208524,

June 01, 2016 -
PEOPLE OF THE
Appellee, v.
BERNARDINO
PERALTAJ MORILLO
AND MICHAEL AMBAS
Y REYES, Accused,
BERNARDINO
PERALTA Y MORILLO,
Accused-Appellant. The World's #1 Board

Software
G.R. No. 209038,

June 08, 2016 -
PEOPLE OF THE
Appellee, v. RONALD
BACALAN GABUYA
AND RYANNEAL
MENESES GIRON,
Accused-Appellants.

G.R. No. 197393,

June 15, 2016 -
PHILIPPINE SAVINGS
BANK, Petitioner, v.
MANUEL P. BARRERA,
Respondent.

A.C. No. 11246,

June 14, 2016 -
ARNOLD PACAO,
Complainant, v. ATTY.
SINAMAR LIMOS,
Respondent.

G.R. No. 181353,

June 06, 2016 - HGL
DEVELOPMENT
CORPORATION
REPRESENTED BY ITS
PRESIDENT, HENRY G.
LIM, Petitioner, v.
HON. RAFAEL O.
PENUELA, IN HIS
CAPACITY AS ACTING
PRESIDING JUDGE OF
THE REGIONAL TRIAL
COURT, 6TH JUDICIAL The World's #1 Board
REGION, BRANCH 13, Software

CULASI, ANTIQUE
AND SEMIRARA COAL

CORPORATION (NOW
SEMIRARA MINING
CORPORATION),
Respondents.

G.R. No. 217575,

June 15, 2016 -
SOUTH COTABATO
COMMUNICATIONS
CORPORATION AND
GAUVAIN J.
BENZONAN,
Petitioners, v. HON.
PATRICIA STO.
TOMAS, SECRETARY
OF LABOR AND
EMPLOYMENT,
ROLANDO FABRIGAR,
MERLYN VELARDE,
VINCE LAMBOC,
FELIPE GALINDO,
LEONARDO MIGUEL,
JULIUS RUBIN, EDEL
RODEROS, MERLYN
COLIAO, AND EDGAR
JOPSON,
Respondents.

G.R. No. 213919,

June 15, 2016 -
PEOPLE OF THE
PHILIPPINES,
Appellee, v. VIRGILIO
A. QUIM, Appellant.

G.R. No. 203152,


GEORGIA ROYO
ADLAWAN, IN HER
OWN BEHALF AND AS
SURVIVING SPOUSE
OF ALFONSO V.
ADLAWAN, Petitioner,
v. NICETAS I.
JOAQUINO,
FLORENCIA J. SON,
EUSTOLIA J. MATA,
BEATRIZ J. SATIRA,
TERESA J. BERMEJO,
CORAZON J. COGINA,
MARIA J. NOVAL AND
VISITACION J. DELA
TORRE, Respondents.

G.R. No. 193075,

June 20, 2016 -
EMMANUEL REYES,
SR. AND MUTYA M.
REYES, Petitioners, v.
HEIRS OF
DEOGRACIAS
FORLALES, NAMELY:
NAPOLEON FORLALES,
LITA HELEN
FORLALES-FRADEJAS,
JAIME FORLALES, JR.,
JULIUS FORLALES
FORTUNA, HORACE
FORLALES, GALAHAD
FORLALES, JR.,
INDEPENDENCE
FORLALES-
FETALVERO, MELITON
FORLALES, JR.,
MILAGROS V. The World's #1 Board
FORLALES AND Software

MERCEDES
FORLALES-BAUTISTA,
Respondents.

G.R. No. 208146,

June 08, 2016 -
VIRGINIA DIO,
Petitioner, v. PEOPLE
OF THE PHILIPPINES
AND TIMOTHY
DESMOND,
Respondents.

G.R. No. 208586,

June 22, 2016 -
HEIRS OF DATU
MAMALINDING
MAGAYOONG,
REPRESENTED BY DR.
MAIMONA
MAGAYOONG-
PANGARUNGAN WITH
HER SPOUSE DATU SA
MARAWI RASID
PANGARUNGAN, AND
DR. ANISHA*
MAGAYOONG-
MACABATO WITH HER
SPOUSE DATU
KHALIQUZZAMAN
MACABATO,
Petitioners, v. HEIRS
OF CATAMANAN
MAMA, REPRESENTED
BY HASAN MAMA,
Respondents.

June 08, 2016 - EDNA Software

MABUGAY-OTAMIAS,
JEFFREN M. OTAMIAS
AND MINOR JEMWEL
M. OTAMIAS,
REPRESENTED BY
THEIR MOTHER EDNA
MABUGAY-OTAMIAS,
Petitioners, v.
REPUBLIC OF THE
PHILIPPINES,
REPRESENTED BY
COL. VIRGILIO O.
DOMINGO, IN HIS
CAPACITY AS THE
COMMANDING
OFFICER OF THE
PENSION AND
GRATUITY
MANAGEMENT
CENTER (PGMC) OF
THE ARMED FORCES
OF THE PHILIPPINES,
Respondent.

G.R. No. 214122,

June 08, 2016 -
AUTOZENTRUM
ALABANG, INC.,
Petitioner, v. SPOUSES
MIAMAR A.
BERNARDO AND
GENARO F.
BERNARDO, JR.,
DEPARTMENT OF
TRADE AND
INDUSTRY, ASIAN
CARMAKERS
CORPORATION, AND The World's #1 Board
BAYERISHE MOTOREN Software

WERKE (BMW) A.G.,

Respondents.

G.R. No. 195382,

June 15, 2016 -
ORION WATER
DISTRICT,
REPRESENTED BY ITS
GENERAL MANAGER,
CRISPIN Q. TRIA, ET
AL., Petitioner, v. THE
GOVERNMENT
SERVICE INSURANCE
SYSTEM (GSIS),
Respondent.

G.R. No. 201584,

June 15, 2016 -
PEOPLE OF THE
Appellee, v.
APOLONIO "TOTONG"
AVILA Y ALECANTE,
Accused-Appellant.

G.R. No. 210936,

June 28, 2016 -
TEODORO B. CRUZ,
JR., MELCHOR M.
ALONZO, AND
WILFREDO P. ALDAY,
Petitioners, v.
COMMISSION ON
AUDIT, Respondents.

G.R. No. 196329,

June 01, 2016 -
PABLO B. ROMAN, JR., Software

AND ATTY. MATIAS V.
DEFENSOR, AS
OFFICERS OF THE
CAPITOL HILLS GOLF
AND COUNTRY CLUB,
INC., Petitioners, v.
SECURITIES AND
EXCHANGE
COMMISSION, ATTY.
FRANKLIN I. CUETO,
ATTY. EMMANUEL Y.
ARTIZA AND MANUEL
C. BALDEO, AS
MEMBERS OF THE
MANAGEMENT
COMMITTEE; JUSTINA
F. CALLANGAN, AS
DIRECTOR OF THE
CORPORATION
FINANCE
DEPARTMENT; ATTY.
NARCISO T. ATIENZA,
EUSEBIO A. ABAQUIN,
ATTY. CLODUALDO C.
DE JESUS, SR., ATTY.
CLODUALDO ANTONIO
R. DE JESUS, JR.,
ATTY. IRENEO T.
AGUIRRE, JR.,
SUNDAY O. PINEDA,
PORFIRIO M. FLORES,
AND ATTY. ZOSIMO
PADRO, JR.,
Respondents.

A.C. No. 7330,

June 14, 2016 -
JUDGE GREGORIO D. The World's #1 Board
PANTANOSAS, JR., Software

ELLY L. PAMATONG,
Respondent.

G.R. No. 211604,

June 08, 2016 -
PEOPLE OF THE
Appellee, v. DARYL
POLONIO Y
TUANGCAY, Accused-
Appellant.

G.R. No. 203932,

June 08, 2016 -
PHILIPPINE AIRLINES,
INC., Petitioner, v.
ENRIQUE LIGAN,
EDUARDO
MAGDARAOG, JOLITO
OLIVEROS, RICHARD
GONCER, EMELITO
SOCO, VIRGILIO P.
CAMPOS, JR.,
LORENZO BUTANAS,
RAMEL BERNARDES,
NELSON M. DULCE,
CLEMENTE R.
LUMAYNO, ARTHUR M.
CAPIN, ALLAN
BENTUZAL, AND
JEFFREY LLENES,
Respondents.

G.R. No. 209344,

June 27, 2016 -
PEOPLE OF THE
Appellee, v. JAIME Software

BRIOSO ALIAS TALAP-
TALAP, Accused-
Appellant.

G.R. No. 206294,

June 29, 2016 -
PEOPLE OF THE
Appellee, v. CERILO
"ILOY" ILOGON,
Accused-Appellant.

A.C. No. 9871,

June 29, 2016 - IN
RE: A.M. NO. 04-7-
373-RTC [REPORT ON
THE JUDICIAL AUDIT
CONDUCTED IN THE
REGIONAL TRIAL
COURT, BRANCH 60,
BARILI, CEBU] AND
A.M. NO. 04-7-374-
RTC [VIOLATION OF
JUDGE ILDEFONSO
SUERTE, REGIONAL
TRIAL COURT,
BRANCH 60, BARILI,
CEBU OF
ADMINISTRATIVE
ORDER NO. 36-2004
DATED MARCH 3,
2004], PROSECUTOR
MARY ANN T. CASTRO-
ROA, Respondent.

G.R. No. 210673,

June 29, 2016 -
PEOPLE OF THE The World's #1 Board
PHILIPPINES, Plaintiff Software

and Appellee, v.
GILBERT CABALLERO
Y GARSOLA, Accused-
Appellant.

G.R. No. 206880,

June 29, 2016 -
PEOPLE OF THE
Appellee, v. ENRIQUE
MIRANDA, JR. Y PAÑA
@ "ERIKA" AND ALVIN
ALGA Y MIRANDA @
"ALVIN," Accused-
Appellants.

G.R. No. 205871,

June 27, 2016 - RUEL
TUANO Y
HERNANDEZ,
OF THE PHILIPPINES,
Respondent.

G.R. No. 207231,

June 29, 2016 -
PEOPLE OF THE
PHILIPPINES,
Appellee, v. ROGER
GALAGATI Y
GARDOCE, Appellant.

G.R. Nos. 183200-

01, June 29, 2016 -
PHILIPPINE NATIONAL
OIL COMPANY-
ENERGY
DEVELOPMENT
CORPORATION Software
AND/OR PAUL
AQUINO AND ESTER

R. GUERZON,
Petitioners, v. AMELYN
A. BUENVIAJE,
Respondent.; G.R.
Nos. 183253 &
183257 - AMELYN A.
BUENVIAJE, Petitioner,
v. PHILIPPINE
NATIONAL OIL
COMPANY-ENERGY
DEVELOPMENT
CORPORATION, PAUL
A. AQUINO AND
ESTER R. GUERZON,
Respondents.

G.R. No. 219468,

June 08, 2016 - JOSE
BURGOS, JR.,
ELADIO SJ. NAVAL
AND ARLINA B.
NAVAL, AND AMALIA
B. NAVAL,
Respondents.

G.R. No. 194664,

June 15, 2016 -
FLORITA LIAM,
Petitioner, v. UNITED
COCONUT PLANTERS
BANK, Respondent.

G.R. No. 194235,

June 08, 2016 -
PEOPLE OF THE The World's #1 Board
PHILIPPINES, Plaintiff- Software

Appellee, v. JAY
GREGORIO Y AMAR @
"JAY," ROLANDO
ESTRELLA Y
RAYMUNDO @
"BONG," DANILO
BERGONIA Y ALELENG
@ "DANNY," EFREN
GASCON Y DELOS
SANTOS @ "EFREN,"
RICARDO SALAZAR Y
GO @ "ERIC," AND
JOHN DOE, Accused-
Appellants.

G.R. No. 187696,

June 15, 2016 -
FILOMENA CABLING,
Petitioner, v. RODRIGO
DANGCALAN,
Respondent.

G.R. No. 211065,

June 15, 2016 -
HEIRS OF JOSE
EXTREMADURA,
REPRESENTED BY
ELENA H.
EXTREMADURA,
Petitioners, v. MANUEL
EXTREMADURA AND
MARLON
EXTREMADURA,
Respondents.

G.R. No. 190876,

June 15, 2016 -
YELLOW BUS LINE
EMPLOYEES UNION Software

(YBLEU), Petitioner, v.
YELLOW BUS LINE,

INC. (YBLI),
Respondent.

A.C. No. 8677,

June 15, 2016 -
MARITA CABAS,
Petitioner, v. ATTY. RIA
NINA L. SUSUSCO
AND CHIEF CITY
PROSECUTOR EMELIE
FE DELOS SANTOS,
Respondents.

G.R. No. 196557,

June 15, 2016 -
GREGORIO "TONGEE"
BALAIS, JR.,
Petitioner, v. SE'LON
BY AIMEE, AMELITA
REVILLA AND ALMA
BELARMINO,
Respondents.

G.R. No. 195224,

June 15, 2016 -
VIRGINIA JABALDE Y
JAMANDRON,
OF THE PHILIPPINES,
Respondent.

G.R. No. 199422,

June 21, 2016 -
COMMISSIONER OF
INTERNAL REVENUE,
Petitioner, v. KEPCO The World's #1 Board
ILIJAN CORPORATION, Software

Respondent.
G.R. No. 189851,

June 22, 2016 - INTEC
CEBU INC., AKIHIKO
KAMBAYASHI AND
WATARU SATO,
Petitioners, v. HON.
COURT OF APPEALS,
ROWENA REYES,
ROWENA ODIONG,
HYDEE AYUDA,
TERESITA BERIDO,
CRISTINA LABAPIZ,
GEMMA JUMAO-AS,
SIGMARINGA
BAROLO, LIGAYA B.
ANADON, DONALINE
DELA TORRE, JOY P.
LOMOD, JACQUELINE
A. FLORES, SUSAN T.
ALIÑO, ANALYN P.
ABALLE, CAROLINE A.
LABATOS, LENITH F.
ROMANO, LEONILA B.
FLORES, CECILIA G.
PAPELLERO, AGNES C.
CASIO, VIOLETA O.
MATCHETE, CANDIDA
I. CRUJIDO, CLAUDIA
B. CUTAMORA,
ROSALIE R. POLICIOS,
GENELYN C. MUÑEZ,
ALOME MIGUE, ELSIE
ALCOS, LYDIALYN B.
GODINEZ AND MYRNA
S. LOGAOS,
Respondents. The World's #1 Board

Software
G.R. No. 214503,

June 22, 2016 -
PEOPLE OF THE
Appellee, v. RICO
ENRIQUEZ Y CRUZ,
Accused-Appellant.

G.R. No. 181369,

June 22, 2016 - TALA
REALTY SERVICES
CORP., INC., PEDRO B.
AGUIRRE, REMEDIOS
A. DUPASQUIER,
DOLLY LIM,
RUBENCITO M. DEL
MUNDO AND
ELIZABETH H. PALMA,
Petitioners, v. BANCO
FILIPINO SAVINGS &
MORTGAGE BANK,
Respondent.

G.R. No. 170966,

June 22, 2016 -
REPUBLIC OF THE
PHILIPPINES,
REPRESENTED BY THE
DEPARTMENT OF
AGRICULTURE,
Petitioner, v. ALBERTO
LOOYUKO, DOING
BUSINESS UNDER
THE NAME AND STYLE
OF NOAH'S ARK
SUGAR HOLDINGS
AND WILSON T. GO,
Respondents. Software

A.C. No. 9226

(Formerly CBD 06-
1749), June 14, 2016
- MA. CECILIA
CLARISSA C,
ADVINCULA,
LEONARDO C.
ADVINCULA,
Respondent.

G.R. No. 214473,

June 22, 2016 -
PEOPLE OF THE
Appellee, v. EMETERIO
MEDINA Y DAMO,
Accused-Appellant.

G.R. No. 208393,

June 15, 2016 - CITY
OF TAGUIG, Petitioner,
v. CITY OF MAKATI,
Respondent.

A.C. No. 9574,

June 21, 2016 -
MYRNA M. DEVEZA,
ALEXANDER M. DEL
PRADO, Respondent.

A.M. No. P-16-3459

[Formerly OCA IPI No.
13-4119-P], June 21,
2016 - ATTY. JOSELITA
C. MALIBAGO- The World's #1 Board
SANTOS, CLERK OF Software

COURT VI, OFFICE OF
THE CLERK OF COURT,

REGIONAL TRIAL
COURT, ANTIPOLO
CITY, RIZAL,
Complainant, v.
JUANITO B.
FRANCISCO, JR.,
SHERIFF IV, OFFICE
OF THE CLERK OF
COURT [OCC],
REGIONAL TRIAL
COURT, ANTIPOLO
CITY, RIZAL,
Respondent.

G.R. No. 200072,

June 20, 2016 -
PHILIP YU, Petitioner,
v. VIVECA LIM YU,
Respondent.

G.R. No. 183543,

June 20, 2016 -
NATIONAL HOUSING
AUTHORITY, Petitioner,
v. MANILA SEEDLING
BANK FOUNDATION,
INC., Respondent.

A.M. No. MTJ-16-

1877 (Formerly OCA
IPI No. 13-2635-MTJ),
June 13, 2016 -
MOAMAR
PANGANDAG,
Complainant, v.
PRESIDING JUDGE
OTTOWA B. ABINAL, Software

8TH MUNICIPAL
CIRCUIT TRIAL COURT

IN MULONDO,
MAGUING, LUMBA-
BAYABAO, AND
TARAKA, LANAO DEL
SUR, Respondent.

G.R. No. 154069,

June 06, 2016 -
INTERPORT
RESOURCES
CORPORATION,
Petitioner, v.
SECURITIES
SPECIALIST, INC.,
AND R.C. LEE
SECURITIES INC.,
Respondents.

G.R. No. 193455,

June 13, 2016 -
NATIONAL POWER
CORPORATION,
Petitioner, v. HEIRS OF
GREGORIO RAMORAN,
NAMELY: DELFIN R.
PINEDA, ESPERANZA
PINEDA MAGPALI,
DIGNA PINEDA
ARZADON, CARIDAD
R. PINEDA, IMELDA
ZIAPNO, TERESITA
PINEDA DELFIN,
ESTER R. PINEDA, FE
Y. UZON, PACENCIA
ERFE VERSOZA,
IMPRESSION V. The World's #1 Board
CLEMENTE, ALL Software

REPRESENTED BY
DELFIN R. PINEDA,
ATTORNEY-IN-FACT,
Respondents.;
SPOUSES ARNULFO R.
VERSOZA AND
PRISCILLA M.
VERSOZA; SPOUSES
DOMINGO AND
DOMINGA GOMEZ;
AND ERLINDA
GOMEZ-OCAY, IN HER
BEHALF AND IN
BEHALF OF CARLITO,
MEDELINA,
ANGELISTA, SILVERA,
LOLITA, & ROMBERTO,
ALL SURNAMED
GOMEZ, Intervenor-
Respondents.

G.R. No. 183794,

June 13, 2016 -
SPOUSES JAIME AND
MATILDE POON,
Petitioners, v. PRIME
SAVINGS BANK
REPRESENTED BY THE
PHILIPPINE DEPOSIT
INSURANCE
CORPORATION AS
STATUTORY
LIQUIDATOR,
Respondent.

G.R. No. 190644,

June 13, 2016 - NDC
TAGUM FOUNDATION,
INC., ANITA B. Software

SOMOSO, AND LIDA
U. NATAVIO,
Petitioners, v. EVELYN
B. SUMAKOTE,
Respondent.

G.R. No. 208205,

June 01, 2016 - ATTY.
ROMEO G. ROXAS,
Petitioner, v.
REPUBLIC REAL
ESTATE
CORPORATION,
Respondent.; G.R. No.
208212 - REPUBLIC
REAL ESTATE
CORPORATION,
Petitioner, v.
REPUBLIC OF THE
PHILIPPINES,
Respondent.

G.R. No. 188829,

June 13, 2016 -
REPUBLIC OF THE
PHILIPPINES, HON.
RAUL S. GONZALEZ,
IN HIS CAPACITY AS
SECRETARY OF THE
DEPARTMENT OF
JUSTICE, HON. ALIPIO
F. FERNANDEZ, JR., IN
HIS CAPACITY AS
COMMISSIONER OF
THE BUREAU OF
IMMIGRATION, HON.
ARTHEL B.
CAROÑONGAN, HON. The World's #1 Board
TEODORO B. Software
DELARMENTE, HON.
JOSE D. CABOCHAN,
AND HON. FRANKLIN
Z. LITTAUA, IN THEIR
CAPACITY AS
MEMBERS OF THE
BOARD OF
COMMISSIONERS OF
THE BUREAU OF
IMMIGRATION,
Petitioners, v.
DAVONN MAURICE C.
HARP, Respondent.

G.R. No. 197122,

June 15, 2016 -
INGRID SALA
SANTAMARIA AND
ASTRID SALA BOZA,
Petitioners, v.
THOMAS CLEARY,
197161 - KATHRYN
GO-PEREZ, Petitioner,
v. THOMAS CLEARY,
Respondent.

G.R. No. 213054,

June 15, 2016 -
TERESITA TAN,
Petitioner, v.
JOVENCIO F. CINCO,
SIMON LORI
HOLDINGS, INC.,
PENTACAPITAL
INVESTMENT
CORPORATION,
FORTUNATO G. PE,
RAYMUNDO G. PE, Software

JOSE REVILLA REYES,
JR., AND DEPUTY

SHERIFF ROMMEL
IGNACIO,
Respondents.

G.R. No. 214901,

BANK OF THE
PHILIPPINES,
Petitioner, v.
APOLONIO KHO,
REPRESENTED BY HIS
HEIRS, NAMELY:
PERLA LUZ, KRYPTON,
KOSELL, KYRIN, AND
KELVIN, ALL
SURNAMED KHO,
Respondents.

G.R. No. 211015,

June 20, 2016 -
CAGAYAN ELECTRIC
POWER & LIGHT
COMPANY, INC.
(CEPALCO) AND
CEPALCO ENERGY
SERVICES
CORPORATION
(CESCO), FORMERLY
CEPALCO ENERGY
SERVICES & TRADING
CORPORATION
(CESTCO), Petitioners,
v. CEPALCO
EMPLOYEE'S LABOR
UNION-ASSOCIATED
LABOR UNIONS- The World's #1 Board
TRADE UNION Software

CONGRESS OF THE
PHILIPPINES (TUCP),
213835 - CAGAYAN
ELECTRIC POWER &
LIGHT COMPANY, INC.
(CEPALCO) AND
CEPALCO ENERGY
SERVICES
CORPORATION
(CESCO), FORMERLY
CEPALCO ENERGY
SERVICES & TRADING
CORPORATION
(CESTCO), Petitioners,
v. CEPALCO
EMPLOYEE'S LABOR
UNION-ASSOCIATED
LABOR UNIONS-
TRADE UNION
CONGRESS OF THE
PHILIPPINES (TUCP),
Respondent.

G.R. No. 215348,

June 20, 2016 -
ELDEFONSO G. DEL
ROSARIO AND
JOSEFINO R. ORTIZ,
Petitioners, v.
CRISTINA OCAMPO-
FERRER, Respondent.

G.R. No. 203527,

June 27, 2016 - SPS.
AURELIO HITEROZA
AND CYNTHIA
HITEROZA, The World's #1 Board
Petitioners, v. Software
CHARITO S.
CRUZADA, PRESIDENT
AND CHAIRMAN,
CHRIST'S ACHIEVERS
MONTESSORI, INC.,
AND CHRIST'S
ACHIEVERS
MONTESSORI, INC.,
Respondents.

G.R. No. 212960,

June 08, 2016 -
SAMAHANG
MANGGAGAWA SA
GENERAL OFFSET
PRESS, INC.,
Petitioner, v. GENERAL
OFFSET PRESS, INC.,
JUANITA TIU AND JOJI
TIU, Respondents.

G.R. No. 210565,

June 28, 2016 -
EMMANUEL D.
QUINTANAR,
BENJAMIN O.
DURANO, CECILIO C.
DELAVIN, RICARDO G
GABORNI, ROMEL G
GERARMAN, JOEL
JOHN P. AGUILAR,
RAMIRO T. GAVIOLA,
RESTITUTO D.
AGSALUD, MARTIN E.
CELIS, PATRICIO L.
ARIOS, MICHAEL S.
BELLO, LORENZO C.
QUINLOG, JUNNE G. The World's #1 Board
BLAYA, SANTIAGO B. Software

TOLENTINO, JR.,
NESTOR A. MAGNAYE,
ARNOLD S.
POLVORIDO, ALLAN A.
AGAPITO, ARIEL E.
BAUMBAD, JOSE T.
LUTIVA, EDGARDO G.
TAPALLA, ROLDAN C.
CADAYONA,
REYNALDO V.
ALBURO, RUDY C.
ULTRA, MARCELO R.
CABILI, ARNOLD B.
ASIATEN, REYMUNDO
R. MACABALLUG, JOEL
R. DELEÑA, DANILO T.
OQUIÑO, GREG B.
CAPARAS AND ROMEO
T. ESCARTIN,
Petitioners, v. COCA-
COLA BOTTLERS,
PHILIPPINES, INC.,
Respondent.

G.R. No. 191087,

June 29, 2016 - DELIA
L. BELITA, SALVADOR
ILARDE, JR.,
GENEVIEVE BELITA,
MA. CHERYL DAVA,
BRAULIO LEDESMA,
JR., FLORENCE B.
OLSEN, KATHY
GERMENTIL, ROSITA
ESTUART, ARDELIZA
LIM, ELSA RAFANAN,
ERLINDA V. GAERLAN,
PERLA FERNANDEZ, The World's #1 Board
DELBEN "NOY" BELITA Software

AND JOSEPH
AVACILLA, Petitioners,
v. ANTONIO S. SY,
ROBERTO CARONAN,
WILFREDO CIRIACO,
NORMA S. WONG,
SONIA C. BENERO,
MARIA L. PINEDA AND
CRISTINA V.
CARAMOL,
Respondents.

G.R. No. 204264,

June 29, 2016 -
JENNEFER FIGUERA,
AS SUBSTITUTED BY
ENHANCE VISA
SERVICES, INC.,
REPRESENTED BY MA.
EDEN R. DUMONT,
Petitioner, v. MARIA
REMEDIOS ANG,
Respondent.

G.R. No. 205544,

June 29, 2016 -
MUNICIPALITY OF
CORDOVA, PROVINCE
OF CEBU; THE
SANGGUNIANG BAYAN
OF CORDOVA; AND
THE MAYOR OF THE
MUNICIPALITY OF
CORDOVA, Petitioners,
v. PATHFINDER
DEVELOPMENT
CORPORATION AND
TOPANGA The World's #1 Board
DEVELOPMENT Software
CORPORATION,
Respondents.

G.R. No. 206484,

June 29, 2016 -
DEPARTMENT OF
TRANSPORTATION
AND
COMMUNICATIONS
(DOTC), Petitioner, v.
SPOUSES VICENTE
ABECINA AND MARIA
CLEOFE ABECINA,
Respondents.

G.R. No. 210761,

June 28, 2016 -
KILUSANG MAYO UNO,
REPRESENTED BY ITS
CHAIRPERSON, ELMER
LABOG; NATIONAL
FEDERATION OF
LABOR UNIONS-
KILUSANG MAYO UNO,
REPRESENTED BY ITS
VICE-PRESIDENTS,
REDEN ALCANTARA
AND ARNOLD DELA
CRUZ, CENTER FOR
TRADE UNION AND
HUMAN RIGHTS
(CTUHR),
REPRESENTED BY ITS
EXECUTIVE DIRECTOR
DAISY ARAGO,
VIRGINIA FLORES
AND VIOLETA The World's #1 Board
ESPIRITU, Petitioners, Software

v. HON. BENIGNO
SIMEON C. AQUINO
III, AND PHILIPPINE
HEALTH INSURANCE
CORPORATION
(PHIC), Respondents;
MIGRANTE
INTERNATIONAL,
REPRESENTED BY ITS
CHAIRPERSON GARRY
MARTINEZ, CONNIE
BRAGAS-REGALADO,
PARALUMAN CATUIRA,
UNITED FILIPINOS IN
HONGKONG (UNIFIL-
HK), AND SOLEDAD
PILLAS, Petitioners-in-
Intervention.

G.R. No. 188020,

June 27, 2016 - REN
TRANSPORT CORP.
AND/OR REYNALDO
PAZCOGUIN III,
Petitioners, v.
NATIONAL LABOR
RELATIONS
COMMISSION (2ND
DIVISION),
SAMAHANG
MANGGAGAWA SA
REN TRANSPORT-
ASSOCIATION OF
DEMOCRATIC LABOR
ASSOCIATIONS
(SMART-ADLO)
REPRESENTED BY ITS
PRESIDENT NESTOR
FULMINAR, Software
Respondents.; G.R.
No. 188252 -
SAMAHANG
MANGGAGAWA SA
REN TRANSPORT-
ASSOCIATION OF
DEMOCRATIC LABOR
ASSOCIATIONS
(SMART-ADLO)
REPRESENTED BY
NESTOR FULMINAR,
Petitioner, v. REN
TRANSPORT CORP.
AND/OR REYNALDO
PAZCOGUIN III,
Respondents.

G.R. No. 208759,

June 22, 2016 -
PEOPLE OF THE
Appellee, v. DIONE
BARBERAN AND
DIONE DELOS
SANTOS, Accused-
Appellants.

G.R. No. 209714,

June 21, 2016 -
RAPHAEL C.
FONTANILLA,
Petitioner, v. THE
COMMISSIONER
PROPER,
COMMISSION ON
AUDIT, Respondent.

A.C. No. 10465,


SPOUSES LAMBERTO
V. EUSTAQUIO AND
GLORIA J.
EUSTAQUIO,
Complainants, v. ATTY.
EDGAR R. NAVALES,
Respondent.

G.R. No. 203458,

June 06, 2016 -
PEOPLE OF THE
PHILIPPINES,
Appellee, v. QUIRINO
BALMES Y CLEOFE,
Appellant.

G.R. No. 203924,

June 29, 2016 -
ROGER CABUHAT AND
CONCHITA CABUHAT,
Petitioners, v.
DEVELOPMENT BANK
OF THE PHILIPPINES,
REPRESENTED BY
MANAGER PERLA L.
FAVILA, Respondent.

G.R. No. 211141,

June 29, 2016 -
HILARIO DASCO,
REYMIR PARAFINA,
RICHARD PARAFINA,
EDILBERTO ANIA,
MICHAEL ADANO,
JAIME BOLO, RUBEN
E. GULA, ANTONIO
CUADERNO AND
JOVITO CATANGUI,
Petitioners, v. Software
PHILTRANCO SERVICE
ENTERPRISES
INC/CENTURION
SOLANO, MANAGER,
Respondents.

G.R. No. 211526,

June 29, 2016 - PMI-
FACULTY AND
EMPLOYEES UNION,
Petitioner, v. PMI
COLLEGES BOHOL,
Respondent.

G.R. No. 184666,

June 27, 2016 -
REPUBLIC OF THE
PHILIPPINES,
Petitioner, v. MEGA
PACIFIC ESOLUTIONS,
INC., WILLY U. YU,
BONNIE S. YU,
ENRIQUE T.
TANSIPEK, ROSITA Y.
TANSIPEK, PEDRO O.
TAN, JOHNSON W.
FONG, BERNARD I.
FONG, AND
*LAURIANO A.
BARRIOS,
Respondents.

G.R. No. 208383,

June 08, 2016 - FIRST
MEGA HOLDINGS
CORP., Petitioner, v.
GUIGUINTO WATER
DISTRICT,
Respondent. Software

G.R. No. 186050,

June 21, 2016 -
ARTHUR BALAO,
WINSTON BALAO,
NONETTE BALAO,
JONILYN BALAO-
STRUGAR, AND
BEVERLY LONGID,
Petitioners, v.
EDUARDO ERMITA,
GILBERTO TEODORO,
RONALDO PUNO,
NORBERTO
GONZALES, GEN.
ALEXANDER YANO,
GEN. JESUS
VERZOSA, BRIG. GEN.
REYNALDO MAPAGU,
LT. P/DIR. EDGARDO
DOROMAL, MAJ. GEN.
ISAGANI CACHUELA,
COMMANDING
OFFICER OF THE AFP-
ISU BASED IN
BAGUIO CITY, PSS
EUGENE MARTIN, AND
SEVERAL JOHN DOES,
Respondents.; G.R.
NO. 186059 -
EDUARDO SECRETARY
TEODORO, RONALDO
SECRETARY
GONZALES,
SECRETARY ERMITA,
GILBERTO SECRETARY
PUNO, NORBERTO
GEN. ALEXANDER The World's #1 Board
YANO, P/DGEN. JESUS Software

VERZOSA, BRIG. GEN.
REYNALDO MAPAGU,
MAJ. GEN. ISAGANI
CACHUELA, AND POL.
SR. SUPT. EUGENE
MARTIN, Petitioners,
v. ARTHUR BALAO,
WINSTON JARDELEZA,
AND BALAO, NONETTE
BALAO, CAGUIOA, JJ.
JONILYN BALAO-
STRUGAR, AND
BEVERLY LONGID,
Respondents.**

G.R. No. 203538,

June 27, 2016 -
ARTEX DEVELOPMENT
CO., INC., Petitioner,
v. OFFICE OF THE
OMBUDSMAN, ATTY.
MARISSA E. TIMONES,
ERLINDA O. MARTEJA,
ELIMAR N. JOSE, AND
ATTY. LUIS Y. DEL
MUNDO, JR.,
Respondents.

G.R. No. 202830,

June 20, 2016 -
SPOUSES ADRIANO
SALISE AND
NATIVIDAD PAGUDAR,
SPOUSES TEODORO
VIRTUDAZO AND
NECITAS SALISE,
JEROME G.
DIOLANTO, SPOUSES The World's #1 Board
EULALIO D. Software
DAMASING AND
POTENCIANA LABIA,
SPOUSES FRANCISCO
AND SIMPLICIA
BABAYA-ON, SPOUSES
RUFINO BUTIHIN AND
CECILIA CAGNO,
SPOUSES EFITACIO G.
PAMISA AND
VIRGELIA
VIRTUDAZO, DELFIN
B. SARINAS, SPOUSES
FELIPE C.
VIRTUDAZO, JR. AND
GRACE TUTO,
SPOUSES ANGEL
BARBOSA AND
FLORENCIA SALISE,
SPOUSES FRANKLIN
AND LEONORA
PAMISA, SPOUSES
MARCELO MANIQUE
AND CECILIA
CARBON, LARRY
PAMISA, SPOUSES
ENRIQUE CARBON
AND ERLINDA SOMO,
SPOUSES WILFREDO
A. JUANILO AND
MINDA VILLARMIA,
SPOUSES FELIX
REQUILME AND
CERINA SALVO,
SPOUSES CARLITO
FABE AND EMELITA
MANGGANA, LUIBEN
MAGTO, SPOUSES
SERAFIN AND LILIA The World's #1 Board
SURIGAO, SPOUSES Software

HILARIO BACABIS
AND RETIFICACION
DABLO, SPOUSES
REYNALDO S.
SALUCOT AND
ANECITA DESCALLAR,
SPOUSES HAGENIO
PAUG AND EVELITA
VIRTUDAZO,
SPOUSES MAXIMO
BORREZ AND VILMA
SALISE, SPOUSES
FELIMON V. SALVO,
JR., EVA MACATOL
AND RITA V. SALVO,
Petitioners, v.
DEPARTMENT OF
AGRARIAN REFORM
ADJUDICATION
BOARD REGION X
ADJUDICATOR ABETO
SALCEDO, JR. AND
RICARDO GACULA,
Respondents.

G.R. No. 202621,

June 22, 2016 -
ZAIDA R. INOCENTE,
Petitioner, v. ST.
VINCENT
FOUNDATION FOR
CHILDREN AND
AGING,
INC./VERONICA
MENGUITO,
Respondents.


URBANO F. ESTRELLA,
Petitioner, v.
PRISCILLA P.
FRANCISCO,
Respondent.

G.R. Nos. 185857-

58, June 29, 2016 -
TRIFONIA D.
GABUTAN, DECEASED,
HEREIN
REPRESENTED BY HER
HEIRS, NAMELY:
ERLINDA LLAMES,
ELISA ASOK,
PRIMITIVO GABUTAN,
VALENTINA YANE;
BUNA D. ACTUB,
FELISIA TROCIO,
CRISANTA D. UBAUB,
AND TIRSO
DALONDONAN,
DECEASED, HEREIN
REPRESENTED BY HIS
HEIRS, NAMELY:
MADELYN D. REPOSAR
AND JERRY
DALONDONAN, MARY
JANE GILIG, ALLAN
UBAUB, AND
SPOUSES NICOLAS &
EVELYN DAILO,
Petitioners, v. DANTE
D. NACALABAN,
HELEN N. MAANDIG,
SUSAN N. SIAO, AND
CAGAYAN CAPITOL
COLLEGE,
Respondents.; G.R. Software

NOS. 194314-15 -
DANTE D.
NACALABAN, HELEN
N. MAANDIG, AND
SUSAN N. SIAO, AS
HEIRS OF
BALDOMERA D. VDA.
DE NACALABAN,
Petitioners, v.
TRIFONIA D.
GABUTAN, BUNA D.
ACTUB, FELISIA D.
TROCIO, CRISANTA D.
UBAUB, AND TIRSO
DALONDONAN,
DECEASED, HEREIN
REPRESENTED BY HIS
HEIRS, NAMELY:
MADELYN D. REPOSAR
AND JERRY
DALONDONAN, MARY
JANE GILIG, ALLAN
UBAUB, AND
SPOUSES NICOLAS &
EVELYN DAILO,
CAGAYAN CAPITOL
COLLEGE,
REPRESENTED BY ITS
PRESIDENT, ATTY.
CASIMIRO B. SUAREZ,
JR., PRIVATE
Respondent; HON.
LEONCIA R.
DIMAGIBA
(ASSOCIATE
JUSTICE), HON. PAUL
L. HERNANDO
(ASSOCIATE
JUSTICE), HON. NINA Software

G. ANTONIO-
VALENZUELA
(ASSOCIATE
JUSTICE), HON.
EDGARDO T. LLOREN
(ASSOCIATE
JUSTICE), HON.
MICHAEL P. ELBINIAS
(ASSOCIATE
JUSTICE), AND HON.
JANE AURORA C.
LANTION (ASSOCIATE
JUSTICE, ACTING
CHAIRMAN), COURT
OF APPEALS,
CAGAYAN DE ORO
CITY (FORMER
SPECIAL TWENTY-
SECOND DIVISION),
PUBLIC Respondents.

G.R. No. 209794,

BANK OF THE
PHILIPPINES,
JOSE AMAGAN AND
AURORA AMAGAN,
DOING BUSINESS
UNDER THE TRADE
NAME AND STYLE "A &
J SEAFOODS AND
MARINE PRODUCTS,"
AND JOHN DOE,
Respondents.

G.R. No. 163157,

June 27, 2016 -
SPOUSES BERNABE Software

MERCADER, JR. AND
LORNA JURADO
MERCADER, OLIVER
MERCADER,
GERALDINE
MERCADER AND
ESRAMAY MERCADER,
Petitioners, v.
SPOUSES JESUS
BARDILAS AND
LETECIA GABUYA
BARDILAS,
Respondents.

G.R. No. 215950,

June 20, 2016 -
TRIDHARMA
MARKETING
CORPORATION,
Petitioner, v. COURT
OF TAX APPEALS,
SECOND DIVISION,
AND THE
COMMISSIONER OF
INTERNAL REVENUE,
Respondents.

G.R. No. 216452,

June 20, 2016 - TING
TRUCKING/MARY
VIOLAINE A. TING,
Petitioner, v. JOHN C.
MAKILAN,
Respondent.

G.R. No. 214399,

June 28, 2016 -
ARMANDO N. PUNCIA, The World's #1 Board
Petitioner, v. TOYOTA Software

SHAW/PASIG, INC.,
Respondent.

G.R. No. 166890,

June 28, 2016 -
REPUBLIC OF THE
PHILIPPINES,
Petitioner, v.
APOLONIO BAUTISTA,
JR., Respondent.

G.R. No. 218240,

June 28, 2016 -
ENGR. PABLITO S.
PALUCA, IN HIS
CAPACITY AS THE
GENERAL MANAGER
OF THE DIPOLOG CITY
WATER DISTRICT,
Petitioner, v.
COMMISSION ON
AUDIT, Respondent.

G.R. No. 212186,

June 29, 2016 - ARIEL
LOPEZ, Petitioner, v.
PEOPLE OF THE
PHILIPPINES,
Respondent.

G.R. No. 194065,

June 20, 2016 -
PHILIPPINE BANK OF
COMMUNICATIONS,
Petitioner, v.
COMMISSIONER OF
INTERNAL REVENUE, The World's #1 Board

G.R. No. 213582,

June 28, 2016 -
NYMPHA S.
ODIAMAR,1 Petitioner,
v. LINDA ODIAMAR
VALENCIA,
Respondent.

G.R. No. 211269,

June 15, 2016 -
RUBEN E. TIU,
Petitioner, v. HON.
NATIVIDAD G. DIZON,
ACTING
CHAIRPERSON OF THE
BOARD OF PARDONS
AND PAROLE, HON.
FRANKLIN JESUS
BUCAYU, DIRECTOR
OF THE BUREAU OF
CORRECTIONS, HON.
SECRETARY LEILA M.
DE LIMA OF THE
DEPARTMENT OF
JUSTICE, HON.
PAQUITO N. OCHOA
JR., THE EXECUTIVE
SECRETARY,
Respondents.

G.R. No. 190506,

June 13, 2016 -
CORAL BAY NICKEL
CORPORATION,
Petitioner, v.
COMMISSIONER OF
INTERNAL REVENUE, The World's #1 Board

G.R. No. 206528,

June 28, 2016 -
PHILIPPINE ASSET
GROWTH TWO, INC.
(SUCCESSOR-IN-
INTEREST OF
PLANTERS
DEVELOPMENT BANK)
AND PLANTERS
DEVELOPMENT BANK,
Petitioners, v.
FASTECH SYNERGY
PHILIPPINES, INC.
(FORMERLY FIRST
ASIA SYSTEM
TECHNOLOGY, INC.),
FASTECH
MICROASSEMBLY &
TEST, INC., FASTECH
ELECTRONIQUE, INC.,
AND FASTECH
PROPERTIES, INC.,
Respondents.

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8/27/22, 2:23 AM G.R. No. 200081, June 08, 2016 - PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, v. EDGARDO T. CRUZ, Accused-Appellant.

pellant. : June 20…

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June 2016 - Philippine Supreme Court Decisions/Resolutions

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Philippine Supreme Court Jurisprudence > Year 2016 >

G.R. No. 200081, June 08, 2016 - PEOPLE OF THE

The World's #1 Board

G.R. No. 200081, June 08, 2016

PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, v.

Before us is an appeal from the Decision1 of the Court of

32134 affirming the Decision2 of the Regional Trial Court

T. Cruz guilty of the crime of Qualified Theft punishable

under Article 310 of the Revised Penal Code and

Sometime in November 2000, private complainant

During the infancy of Chromax, Carlos sought the help of

manage the business, i.e., attend to the needs of the

On 19 February 2002, Carlos, as part of his routine,

P97,984.00.3 At the bottom of the balance sheet4 was an

Upon further investigation, Carlos also discovered an

Miescor indicated the amount of P1,259.006 while the

Thus, on 18 July 2002, Carlos filed a criminal complaint

That, on or about the 19th day of February,

The World's #1 Board

Pateros, Metro Manila, Philippines and within

employee of Chromax Marketing, enjoying

During arraignment, Cruz pleaded not guilty to the crime

she saw Cruz hand a yellow piece of paper9 to Carlos,

written in the yellow piece of paper was forged.10

On the other hand, the defense presented its sole

The World's #1 Board

averred that his purported signature and declaration in

Ruling of the RTC

On 27 May 2008, the RTC convicted Cruz finding him

The RTC opined that Cruz's admission of taking the

Mercado,11 held that "the declaration of the accused

The RTC went on further stating that even without Cruz's

1. [Cruz] is the manager and in-charge of

2. Being the manager, he receives

3. He likewise prepares daily sales reports.

have access to the cash register.

5. [Cruz] cannot validly explain the

Therefore, based on the pieces of evidence presented,

subject amount loss."13

The RTC rejected Cruz's allegation that Carlos authorized

WHEREFORE, premises considered, judgment

G.R. No. 175085, The World's #1 Board

the elements of theft, together with the circumstances

SIOK1 KUAN AND

Petitioners, v. In the case at bar, Cruz was entrusted to receive

CARAG, Accused- The CA also took note that Cruz's categorical

PILAR MACALINO, As regards the defense's contention that his conviction

LEONARDO It is this submission that forms the basis of the present

Respondent. Theft, as defined in Article 308 of the Revised Penal Code

G.R. No. 211290, chanRoblesvirtualLawlibrary

June 01, 2016 -

MINDANAO, Petitioner, committed by any person who, with intent to

v. LILING LANTO gain but without violence against or

IBRAHIM, PROJECT intimidation of persons nor force upon things,

MANAGER, NATIONAL shall take personal property of another

IRRIGATION without the latter's consent.

NIA-PIO, LANAO DEL Theft is likewise committed by:

NORTE, Respondent. chanRoblesvirtualLawlibrary