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Philippine Supreme Court Jurisprudence > Year 2015 > March 2015 Decisions > G.R. No. 209370, March 25,
2015 - FORT BONIFACIO DEVELOPMENT CORPORATION, Petitioner, v. VALENTIN L. FONG, Respondent.:

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G.R. No. 209370, March 25, 2015 - FORT BONIFACIO DEVELOPMENT CORPORATION, Petitioner, v.
VALENTIN L. FONG, Respondent.

FIRST DIVISION
G.R. No. 209370, March 25, 2015
FORT BONIFACIO DEVELOPMENT CORPORATION, Petitioner, v. VALENTIN L. FONG, Respondent.
DECISION
PERLAS-BERNABE, J.:
Assailed in this petition for review on certiorari1 are the Decision2 dated May 17, 2013 and the
Resolution3 dated September 2, 2013 rendered by the Court of Appeals (CA) in CA-G.R. CV. No. 93407,
which affirmed the Decision4 dated January 28, 2009 of the Regional Trial Court of Mandaluyong City,
Branch 214 (RTC) in Civil Case No. MC06-2928, finding petitioner Fort Bonifacio Development
Corporation (FBDC) liable to respondent Valentin L. Fong (Fong), as proprietor of VF Industrial Sales, for
the amount of P1,577,115.90 with legal interest computed from February 13, 2006.

The Facts

DebtKollect Company, Inc.

On June 5, 2000, FBDC, a domestic corporation engaged in the real estate development business,5
entered into a Trade Contract6 with MS Maxco Company, Inc. (MS Maxco), then operating under the
name L&M Maxco, Specialist Engineering Construction, for the execution of the structural and partial
architectural works of one of its condominium projects in Taguig City, the Bonifacio Ridge Condominium
(Project).7 Records show that FBDC had the right to withhold five percent (5%) of the contract price as
retention money.8
Under the Trade Contract, FBDC had the option to hire other contractors to rectify any errors committed
by MS Maxco by reason of its negligence, act, omission, or default, as well as to deduct or set-off any
amount from the contract price in such cases.9Hence, when MS Maxco incurred delays and failed to
comply with the terms of the Trade Contract, FBDC took over and hired other contractors to complete
the unfinished construction.10 Unfortunately, corrective work had to likewise be done on the numerous
defects and irregularities caused by MS Maxco, which cost P11,567,779.12.11 Pursuant to the Trade
Contract, FBDC deducted the said amount from MS Maxcos retention money.12

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The Trade Contract likewise provided that MS Maxco is prohibited from assigning or transferring any of
its rights, obligations, or liabilities under the said Contract without the written consent of FBDC.13
Sometime in April 2005, FBDC received a letter14 dated April 18, 2005 (April 18, 2005 letter) from the
counsel of Fong informing it that MS Maxco had already assigned its receivables from FBDC to him
(Fong) by virtue of a notarized Deed of Assignment15 dated February 28, 2005.16 Under the Deed of
Assignment, MS Maxco assigned the amount of P1,577,115.90 to Fong as payment of the formers
obligation to the latter, which amount was to be taken from the retention money with FBDC.17 In its
letter-reply18 dated October 11, 2005, FBDC acknowledged the five percent (5%) retention money of MS
Maxco, but asserted that the same was not yet due and demandable and that it was already the subject
of garnishment19 by MS Maxcos other creditors.
Despite Fongs repeated requests,20 FBDC refused to deliver to Fong the amount assigned by MS Maxco.

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Division

Finally, in a letter21 dated January 31, 2006, FBDC informed Fong that after the rectification of the
defects in the Project, as well as the garnishment made by MS Maxcos creditors, nothing was left of its
retention money with FBDC from which Fongs claims may be satisfied. This prompted Fong, doing
business under the name VF Industrial Sales to file the instant civil case,22 before the RTC, against MS
Maxco or FBDC for the payment of the sum of P1,577,115.90, with legal interest due, costs of suit, and
litigation expenses.23
In its defense,24 FBDC reiterated its position that,since MS Maxco incurred delays and rendered
defective works on the Project, FBDC was constrained to hire other contractors to repair the defects and
complete the work therein, the cost of which it deducted from MS Maxcos retention money, pursuant to
the express stipulations in the Trade Contract.25 Likewise, the said retention money was due only in
January 2006, and was already garnished in favor of MS Maxcos other creditors.26 As a result of the
deductions and the garnishment, no amount due to MS Maxco was left from the retention money; and,
FBDC was, therefore, under no obligation to satisfy Fongs claim.27 FBDC likewise asserted, inter alia,
that it was not bound by the Deed of Assignment between Fong and MS Maxco, not being a party
thereto.28 However, Fong, being a mere substitute or assignee of MS Maxco, was bound to observe the
terms and conditions of the Trade Contract.29 FBDC also stressed that it paid the creditors of MS Maxco
in compliance with valid court orders.30
The RTC Ruling
Decision31

In a
dated January 28, 2009, the RTC found FBDC liable to pay Fong the amount of
P1,577,115.90, with legal interest computed from the time of the filing of the complaint on February 13,
2006.32
In so ruling, the RTC held that the instant case was one of assignment of credit under Article 162433 of
the Civil Code, hence, did not require FBDCs consent as debtor for its validity and enforceability.34 What
the law requires is not the consent of the debtor, but merely notice to him, as the assignment takes
effect only from the time of his knowledge thereof.35 With respect to third persons without notice of the
assignment, the same becomes effective only if the assignment appears in a public instrument.36
Also, the RTC observed that FBDC did not dispute the genuineness and due execution of the Deed of
Assignment between MS Maxco and Fong. As such, FBDC became bound thereby upon its receipt of
Fongs April 18, 2005 letter informing it of the assignment. Effectively, Fong became subrogated to the
right of MS Maxco to collect from FBDC the credit assigned to him.37 Likewise, FBDC was bound to
recognize the assignment, which appears in a public instrument.38
With respect to the garnishment of the retention money, the RTC held that it could not adversely affect
Fongs rights as assignee of MS Maxco, considering that the amount indicated in the Deed of Assignment
was no longer MS Maxcos property, but Fongs. Effectively, when MS Maxco assigned the sum of
P1,577,115.90 to Fong, the said amount can no longer be considered MS Maxcos property that could be
garnished or attached by its creditors. As records show that the garnishment of the retention money was
made on July 30, 2005 and January 26, 2006, or after FBDC was notified of MS Maxcos assignment in
favor of Fong on April 18, 2005, for all intents and purposes, FBDC must be considered to have paid MS
Maxcos other creditors out of its own funds.39
Finally, with regard to the provision in the Trade Contract requiring the written consent of FBDC before
MS Maxco may validly assign or transfer any of its rights, obligations, or liabilities thereunder, the RTC
held that Fong was not bound thereby. It ruled that Fong did not automatically become party to the
provisions of the Trade Contract by virtue of its being the assignee of MS Maxco, as the said provisions
are matters which exclusively pertain to the parties thereto.40
In any event, however, the RTC recognized FBDCs right of recourse against its co-defendant MS Maxco

March-2015 Jurisprudence

for the latters breach of undertaking under the Trade Contract.41

A.C. No. 7158, March 09, 2015 - YOLANDA A.

ANDRES, MINETTE A. MERCADO, AND ELITO P. ANDRES
, Complainants, v. ATTY. SALIMATHAR V. NAMBI,
Respondent.
A.C. No. 5816, March 10, 2015 - DR. ELMAR O. PEREZ,
Complainant, v. ATTY. TRISTAN A. CATINDIG AND
ATTY. KAREN E. BAYDO, Respondents.
G.R.

No.

211497,

March

18,

2015

HOCHENG

Aggrieved, FBDC appealed42 to the CA, assailing the RTCs conclusion that the Deed of Assignment was
binding upon it and that it was liable to satisfy Fongs claims.
The CA Ruling
In a Decision43 dated May 17, 2013, the CA denied FBDCs appeal and affirmed the RTC ruling,44
concurring with the latters finding that when FBDC was notified of the assignment through the April 18,
2005 letter, the assignment produced legal effects and operated as a transfer of a portion of the
receivables of MS Maxco to Fong.45Considering that FBDCs consent as debtor is not required under the

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PHILIPPINES CORPORATION, Petitioner, v. ANTONIO

M. FARRALES, Respondent.

law, as mere notice to it is sufficient, and taking into account the fact that the Deed of Assignment was a

G.R. No. 190828, March 16, 2015 - ONOFRE V.

MONTERO, EDGARDO N. ESTRAERO, RENING P.
PADRE, GABRIEL A. MADERA, HERMINIO T. TACLA,
NELSON C. VILORIA, DEMETRIO Q. PAJARILLO,
ALFREDO R. AGANON, REYNALDO AVILA, ALBERT T.
RUIZ, NESTOR Y. YAGO, HARTY M. TUPASI, AGUSTIN R.
AVILA, JR. OR MARCOS R. AVILA, BONIFACIO B.
GAANO, JOSELITO D. CUENTA, JONAS P. ESTILONG,
DOMINADOR C. CANARIA, GENARO C. RONDARIS,
HERARDO M. DULAY, FRANKLIN A. RAVINA, JR., AND
RUBEN
C.
CABELLO,
Petitioners,
v.
TIMES
TRANSPORTATION
CO.,
INC.,
AND
SANTIAGO
RONDARIS, MENCORP TRANSPORT SYSTEMS, INC.,
VIRGINIA R. MENDOZA AND REYNALDO MENDOZA,
Respondents.

Likewise, upon a review of the evidence offered by FBDC, the CA found that as of December 6, 2005,
there was still sufficient amount left in the retention money with which to pay Fong even after the
deduction of the rectification costs for the Project. As correctly held by the RTC, the payments made by
FBDC to MS Maxcos judgment creditors cannot prejudice Fong since the Deed of Assignment was valid

A.C. No. 7593, March 11, 2015 - ALVIN S. FELICIANO,

Complainant, v. ATTY. CARMELITA BAUTISTA-LOZADA,
Respondents.
G.R. No. 195661, March 11, 2015 - UNKNOWN
OWNER OF THE VESSEL M/V CHINA JOY, SAMSUN
SHIPPING
LTD.,
AND
INTER-ASIA
MARINE
TRANSPORT, INC., Petitioners, v. ASIAN TERMINALS,
INC., Respondent.

public instrument, the assignment therefore bound FBDC and third persons as well.46

and enforceable against FBDC and the said creditors.47

FBDCs motion for reconsideration48 was denied in a Resolution49 dated September 2, 2013, hence, this
petition.
The Issues Before the Court
The issues for the Courts resolution are whether or not the CA erred in ruling that FBDC was bound by
the Deed of Assignment between MS Maxco and Fong, and even assuming that it was, whether or not
FBDC was liable to pay Fong the amount of ?1,577,115.90, representing a portion of MS Maxcos
retention money.
The Courts Ruling
The petition is meritorious.
Obligations arising from contracts have the force of law between the contracting parties and should be
complied with in good faith.50 As such, the stipulations in contracts are binding on them unless the
contract is contrary to law, morals, good customs, public order or public policy.51

A.C. No. 5914, March 11, 2015 - SPOUSES ROGELIO

AMATORIO AND AIDA AMATORIO, Complainants, v.
ATTY. FRANCISCO DY YAP AND ATTY. WHELMA F.
SITON-YAP, Respondents.

The same principle on obligatory force applies by extension to the contracting partys assignees, in turn,
by virtue of the principle of relativity of contracts which is fleshed out in Article 1311 of the Civil Code,
viz.:

G.R. No. 215630, March 09, 2015 - METROGUARDS

SECURITY AGENCY CORPORATION (FORMERLY KNOWN
AS BEEGUARDS CORPORATION) AND MS. MILAGROS T.
CHAN,
Petitioners,
v.
ALBERTO
N.
HILONGO,
Respondent.

Art. 1311. Contracts take effect only between the parties, their assigns and heirs, except
in case where the rights and obligations arising from the contract are not transmissible by
their nature, or by stipulation or by provision of law. The heir is not liable beyond the
value of the property he received from the decedent.

G.R. No. 199113, March 18, 2015 - RENATO M.

DAVID, Petitioner, v. EDITHA A. AGBAY AND PEOPLE
OF THE PHILIPPINES, Respondents.
G.R. No. 205300, March 18, 2015 - FONTERRA
BRANDS PHILS., INC., Petitioner, v. LEONARDO1
LARGADO AND TEOTIMO ESTRELLADO, Respondents.
G.R. No. 206019, March 18, 2015 - PHILIPPINE
NATIONAL BANK, Petitioner, v. COMMISSIONER OF
INTERNAL REVENUE, Respondent.
G.R. No. 204757, March 17, 2015 - ATTY. JANET D.
NACION, Petitioner, v. COMMISSION ON AUDIT, MA.
GRACIA PULIDO-TAN, JUANITO ESPINO AND HEIDI
MENDOZA, Respondents.
G.R. No. 187836, March 10, 2015 - SOCIAL JUSTICE
SOCIETY (SJS) OFFICERS, NAMELY, SAMSON S.
ALCANTARA, AND VLADIMIR ALARIQUE T. CABIGAO,
Petitioners, v. ALFREDO S. LIM, IN HIS CAPACITY AS
MAYOR OF THE CITY OF MANILA, Respondent.; G.R. No.
187916 - JOSE L. ATIENZA, JR., BIENVINIDO M.
ABANTE, MA. LOURDES M. ISIP-GARCIA, RAFAEL P.
BORROMEO JOCELYN DAWIS-ASUNCION, MINORS
MARIAN REGINA B. TARAN, MACAILA RICCI B. TARAN,
RICHARD KENNETH B. TARAN, REPRESENTED AND
JOINED BY THEIR PARENTS RICHARD AND MARITES
TARAN, MINORS CZARINA ALYSANDRA C. RAMOS,
CEZARAH ADRIANNA C. RAMOS, AND CRISTEN AIDAN
C. RAMOS REPRESENTED AND JOINED BY THEIR
MOTHER DONNA C. RAMOS, MINORS JAZMIN SYLLITA
T. VILA AND ANTONIO T. CRUZ IV, REPRESENTED AND
JOINED BY THEIR MOTHER MAUREEN C. TOLENTINO,
Petitioners, v. MAYOR ALFREDO S. LIM, VICE MAYOR
FRANCISCO DOMAGOSO, COUNCILORS ARLENE W.
KOA, MOISES T. LIM, JESUS FAJARDO LOUISITO N.
CHUA, VICTORIANO A. MELENDEZ, JOHN MARVIN C.
NIETO, ROLANDO M. VALERIANO, RAYMUNDO R.
YUPANGCO, EDWARD VP MACEDA, RODERICK D.
VALBUENA, JOSEFINA M. SISCAR, SALVADOR PHILLIP
H. LACUNA, LUCIANO M. VELOSO, CARLO V. LOPEZ,
ERNESTO F. RIVERA,1 DANILO VICTOR H. LACUNA, JR.,
ERNESTO G. ISIP, HONEY H. LACUNA-PANGAN,
ERNESTO M. DIONISO, JR. AND ERICK IAN O. NIEVA,
Respondents.; CHEVRON PHILIPPINES INC., PETRON
CORPORATION AND PILIPINAS SHELL PETROLEUM
CORPORATION, Intervenors.

x x x x (Emphasis supplied)

The reason that a contracting partys assignees, although seemingly a third party to the transaction,
remain bound by the original partys transaction under the relativity principle further lies in the concept
of subrogation, which inheres in assignment.
Case law states that when a person assigns his credit to another person, the latter is deemed
subrogated to the rights as well as to the obligations of the former.52 By virtue of the Deed of
Assignment, the assignee is deemed subrogated to the rights and obligations of the assignor and is
bound by exactly the same conditions as those which bound the assignor.53 Accordingly, an assignee
cannot acquire greater rights than those pertaining to the assignor.54 The general rule is that an
assignee of a non-negotiable chose in action acquires no greater right than what was possessed by his
assignor and simply stands into the shoes of the latter.55
Applying the foregoing, the Court finds that MS Maxco, as the Trade Contractor, cannot assign or transfer
any of its rights, obligations, or liabilities under the Trade Contract without the written consent of FBDC,
the Client, in view of Clause 19.0 on Assignment and Sub-letting of the Trade Contract between FBDC
and MS Maxco which explicitly provides that:

19.0 ASSIGNMENT AND SUB-LETTING

19.1 The Trade Contractor [Ms Maxco] shall not, without written consent of the Client
[FBDC], assign or transfer any of his rights, obligations or liabilities under this
Contract. The Trade Contractor shall not, without the written consent of the Client, sublet any portion of the Works and such consent, if given, shall not relieve the Trade
Contractor from any liability or obligation under this Contract.56 (Emphases supplied)

Fong, as mere assignee of MS Maxcos rights under the Trade Contract it had previously entered with
FBDC, i.e., the right to recover any credit owing to any unutilized retention money, is equally bound by
the foregoing provision and hence, cannot validly enforce the same without FBDCs consent.
Without any proof showing that FBDC had consented to the assignment, Fong cannot validly demand
from FBDC the delivery of the sum of P1,577,115.90 that was supposedly assigned to him by MS Maxco
as a portion of its retention money with FBDC. The practical efficacy of the assignment, although valid
between Fong and MS Maxco, remains contingent on FBDCs consent. Without the happening of said
condition, only MS Maxco, and not Fong, can collect on the credit. Note, however, that this finding does
not preclude any recourse that Fong may take against MS Maxco. After all, an assignment of credit for a
consideration and covering a demandable sum of money is considered as a sale of personal property.57
To this, Article 1628 of the Civil Code provides:

Art. 1628. The vendor in good faith shall be responsible for the existence and legality of

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G.R. No. 187606, March 09, 2015 - NORMA V.

JAVATE, Petitioner, v. SPOUSES RENATO J. TIOTUICO
AND LERMA C. TIOTUICO, Respondents.
G.R. No. 207133, March 09, 2015 - SWIRE REALTY
DEVELOPMENT CORPORATION, Petitioner, v. JAYNE YU,
Respondent.
G.R. No. 207747, March 11, 2015 - SPOUSES CHIN
KONG WONG CHOI AND ANA O. CHUA, Petitioners, v.
UNITED COCONUT PLANTERS BANK, Respondent.
G.R. No. 209383, March 11, 2015 - SEACREST
MARITIME MANAGEMENT, INC., ROLANDO B. MAGCALE,
AND SEALION SHIPPING LIMITED UNITED KINGDOM,
Petitioners, v. MAURICIO G. PICAR, JR., Respondent.

the credit at the time of the sale, unless it should have been sold as doubtful; but not for
the solvency of the debtor, unless it has been so expressly stipulated or unless the
insolvency was prior to the sale and of common knowledge.
Even in these cases he shall only be liable for the price received and for the expenses
specified in No. 1 of Article 1616.58
The vendor in bad faith shall always be answerable for the payment of all expenses, and
for damages.

WHEREFORE, the petition is GRANTED. The assailed Decision dated May 17, 2013 and the Resolution
dated September 2, 2013 rendered by the Court of Appeals in CA-G.R. CV. No. 93407 are hereby
REVERSED and SET ASIDE, and a new one is entered DISMISSING the instant complaint against
petitioner Fort Bonifacio Development Corporation.
SO ORDERED.

G.R. No. 183511, March 25, 2015 - REPUBLIC OF THE

PHILIPPINES, Petitioner, v. EMETERIA G. LUALHATI,
Respondent.
A.C. No. 10679, March 10, 2015 - PO1 JOSE B. CASPE,
Complainant,
v.
ATTY.
AQUILINO
A.
MEJICA,
Respondent.
G.R. No. 203774, March 11, 2015 - CARGILL
PHILIPPINES, INC., Petitioner, v. COMMISSIONER OF
INTERNAL REVENUE, Respondent.
G.R. No. 198024, March 16, 2015 - PEOPLE OF THE
PHILIPPINES, Plaintiff-Appellee, v. RAFAEL CUNANAN
Y DAVID ALIAS PAENG PUTOL, Accused-Appellant.
G.R. No. 212054, March 11, 2015 - ST. LUKES
MEDICAL CENTER, INC., Petitioner, v. MARIA THERESA
V. SANCHEZ, Respondent.
G.R. No. 200983, March 18, 2015 - REPUBLIC OF THE
PHILIPPINES, Petitioner, v. HUANG TE FU, A.K.A.
ROBERT UY, Respondent.
G.R. No. 175433, March 11, 2015 - ATTY. JACINTO C.
GONZALES, Petitioner, v. MAILA CLEMEN F. SERRANO,
Respondent.
G.R. No. 201427, March 18, 2015 - TEOFILO B.
ADOLFO, Petitioner, v. FE. T. ADOLFO, Respondent.
G.R. No. 155701, March 11, 2015 - LIM TECK CHUAN,
Petitioner, v. SERAFIN UY AND LEOPOLDA CECILIO,
LIM SING CHAN @ HENRY LIM, Respondents.
G.R. No. 176908, March 25, 2015 - PURISIMO M.
CABAOBAS, EXUPERIO C. MOLINA, GILBERTO V.
OPINION, VICENTE R. LAURON, RAMON M. DE PAZ, JR.,
ZACARIAS E. CARBO, JULITO G. ABARRACOSO,
DOMINGO B. GLORIA, AND FRANCISCO P. CUMPIO,
Petitioners, v. PEPSI-COLA PRODUCTS, PHILIPPINES,
INC., Respondents.
G.R. No. 200620, March 18, 2015 - ROBERTO L.
ABAD, MANUEL D. ANDAL, BENITO V. ARANETA, PHILIP
G. BRODETT, ENRIQUE L. LOCSIN AND ROBERTO V. SAN
JOSE, Petitioners, v. PHILIPPINE COMMUNICATIONS
SATELLITE CORPORATION, REPRESENTED BY VICTOR
AFRICA, Respondent.
A.C. No. 10132, March 24, 2015 - HEIRS OF PEDRO
ALILANO
REPRESENTED
BY
DAVID
ALILANO,
Complainants,
v.
ATTY.
ROBERTO
E.
EXAMEN,
Respondent.
G.R. No. 209843, March 25, 2015 - TAIWAN KOLIN
CORPORATION,
LTD.,
Petitioner,
v.
KOLIN
ELECTRONICS CO., INC., Respondent.
G.R. No. 203655, March 18, 2015 - SM LAND, INC.,
Petitioner, v. BASES CONVERSION AND DEVELOPMENT
AUTHORITY AND ARNEL PACIANO D. CASANOVA, ESQ.,
IN HIS OFFICIAL CAPACITY AS PRESIDENT AND CEO
OF BCDA, Respondents.
G.R. No. 209227, March 25, 2015 - PEOPLE OF THE
PHILIPPINES, Plaintiff-Appellee, v. CHARLIE OROSCO,
Accused-Appellant.
G.R. No. 205469, March 25, 2015 - BPI FAMILY

Sereno, C.J., (Chairperson,) Leonardo-De Castro, Bersamin, and Perez, JJ., concur.

Endnotes:
1Rollo,

pp. 3-37.

Id. at 40-54. Penned by Associate Justice Nina G. Antonio-Valenzuela with Associate

Justices Isaias P. Dicdican and Myra V. Garcia-Fernandez concurring.
3

Id. at 55-56.

Id. at 219-228. Penned by Judge Edwin D. Sorongon.

Id. at 5.

Id. at 118-154.

Id. at 122.

See id. at 63 and 133.

See id. at 133. Sections 6.9 and 6.10 of the Trade Contract provide:

6.9 Without prejudice to his other rights and remedies, the Client [FBDC] or Construction
Manager on behalf of the Client shall be entitled to employ and pay other persons to
remedy any negligence, act, omission or default of the Trade Contractor [MS Maxco]
where notice has been given under Clause 5.13 and the Trade Contractor has failed to
remedy or take steps diligently to remedy the same.
All damages, loss, and/or expense suffered or incurred by the Client in doing so shall
be borne by the Trade Contractor and may be deducted from the Contract Sum and
approximate adjustments made to the interim certificates.
6.10Nothing contained elsewhere in this Contract shall in any way limit or exclude any of
the rights of the Client to deduct or set-off (whether under this Contract or otherwise)
any sums to which he is or may become entitled whether as damages or otherwise
from or against the Contract Sum or from or against any monies otherwise due to the
Trade Contractor under this Contract. The Construction Manager shall give the Trade
Contractor ten working days notice of any such deduction or set-off and such
[w]ithholding [n]otice shall specify the reasons for the deduction or set-off and shall
state the amount of it or them.
10

See id. at 8 and 222.

11

See id. at 47.

12

Id.

13

See Section 19.1 of the Trade Contract; id. at 144.

14

Id. at 62.

15

Id. at 60-61.

16

See id. at 9 and 221.

17

Id. at 60.

18

Id. at 63.

19

Records show that MS Maxco was also impleaded in other cases, to wit: CIAC Case No.
11-2002 entitled Asia-Con Builders Inc. v. L&M Maxco Company, Inc. and Lee Meng

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SAVINGS BANK, INC., Petitioner, v.

MEDICAL CENTER, INC., Respondent.

ST.

MICHAEL

OCA IPI NO. 14-220-CA-J, March 17, 2015 - RE:

COMPLAINT DATED JANUARY 28, 2014 OF WENEFREDO
PARREO, ET AL., AGAINST HON. CELIA C. LIBREALEAGOGO, HON. ELIHU A. YBAEZ AND HON. AMY C.
LAZARO-JAVIER, ASSOCIATE JUSTICES OF THE COURT
OF APPEALS, RELATIVE TO CA G.R. SP NO. 108807
G.R. No. 206381, March 25, 2015 - PEOPLE OF THE
PHILIPPINES, Plaintiff-Appellee, v. DANIEL MATIBAG Y
DE VILLA @ DANI OR DANILO, Accused-Appellant.
G.R. No. 192284, March 11, 2015 - ALEX TIONCO Y
ORTEGA, Petitioner, v. PEOPLE OF THE PHILIPPINES,
Respondent.
A.C. No. 8330, March 16, 2015 - TERESITA B.
ENRIQUEZ, Complainant, v. ATTY. TRINA DE VERA,
Respondent.
G.R. No. 183212, March 16, 2015 - WALLEM
PHILIPPINES SERVICES, INC. AND WALLEM SHIP
MANAGEMENT, LTD., Petitioners, v. HEIRS OF THE LATE
PETER PADRONES, Respondents.
G.R. No. 179640, March 18, 2015 - HACIENDA
CATAYWA/MANUEL VILLANUEVA, owner, JOEMARIE
VILLANUEVA,
manager,
MANCY
AND
SONS
ENTERPRISES, INC., Petitioners, v. ROSARIO LOREZO,
Respondent.
G.R. No. 212496, March 18, 2015 - NESTOR
BRACERO, Petitioner, v. RODULFO ARCELO AND THE
HEIRS OF VICTORIANO MONISIT, namely: LOURDES
MENCHAVEZ, ROGELIO RUELO, AND MARTINIANA
APOR, Respondents.
G.R. No. 196750, March 11, 2015 - MA. ELENA R.
DIVINAGRACIA, AS ADMINISTRATRIX OF THE ESTATE
OF THE LATE SANTIAGO C. DIVINAGRACIA, Petitioner,
v. CORONACION PARILLA, CELESTIAL NOBLEZA,
CECILIA LELINA, CELEDONIO NOBLEZA, AND MAUDE
NOBLEZA, Respondent.
G.R. No. 209370, March 25, 2015 - FORT BONIFACIO
DEVELOPMENT CORPORATION, Petitioner, v. VALENTIN
L. FONG, Respondent.
A.C. No. 8826, March 25, 2015 - SHIRLEY OLAYTACAMBA, Complainant, v. ATTY. OTILIO SY BONGON,
Respondent.
G.R. No. 203240, March 18, 2015 - NORTHERN
ISLANDS, CO., INC., Petitioner, v. SPOUSES DENNIS
AND CHERYLIN* GARCIA, DOING BUSINESS UNDER
THE NAME AND STYLE ECOLAMP MULTI RESOURCES,,
Respondents.
A.C. No. 8776, March 22, 2015 - ANTONINA S. SOSA,
Complainant,
v.
ATTY.
MANUEL
V.
MENDOZA,
Respondent.
G.R. No. 209283, March 11, 2015 - CECILIA RACHEL
V. QUISUMBING, Petitioner, v. LORETTA ANN P.
ROSALES, MA. VICTORIA V. CARDONA AND NORBERTO
DELA CRUZ, IN THEIR CAPACITIES AS CHAIRPERSON
AND MEMBERS, RESPECTIVELY, OF THE COMMISSION
ON HUMAN RIGHTS, Respondent.
A.C. No. 10672, March 18, 2015 - EDUARDO A.
MAGLENTE,
Complainant,
v.
ATTY.
DELFIN
R.
AGCAOILI, JR., Respondent.
G.R. No. 208908, March 11, 2015 - THE COFFEE BEAN
AND TEA LEAF PHILIPPINES, INC. AND WALDEN CHU,
Petitioners, v. ROLLY P. ARENAS, Respondent.
A.C. No. 10695, March 18, 2015 - CRESCENCIANO M.
PITOGO, Complainant, v. ATTY. JOSELITO TROY
SUELLO, Respondent.
G.R.
No.
200759,
March
25,
2015
FAJ
CONSTRUCTION & DEVELOPMENT CORPORATION,
Petitioner, v. SUSAN M. SAULOG, Respondent.
G.R. No. 207988, March 11, 2015 - THE PEOPLE OF

Yong pending before the Construction Industry Arbitration Commission; and Civil Case
No. 05-164 entitled Concrete Masters, Inc. v. L&M Maxco Company, Inc. pending before
the Regional Trial Court of Makati City. See id. at 43-44.
20

See letters dated October 14, 2005 (id. at 64); dated October 26, 2005 (id. at 65); and
January 17, 2006 (id. at 67).
21

Id. at 68.

22

See Complaint For Sum of Money filed on February 13, 2006; id. at 57-59.

23

Id. at 59.

24

See Answer Ex Abundanti Ad Cautelam dated July 14, 2006; id. at 167-218.

25

See id. at 176-180.

26

See id. at 183.

27

See id. at 186.

28

See id. at 188-189.

29

See id. at 192 and 195.

30

See id. at 210.

31

Id. at 219-228.

32

Id. at 228.

33

Art. 1624. An assignment of credits and other incorporeal rights shall be perfected in
accordance with the provisions of Article 1475.
34

Id. at 225.

35

Id. at 225-226.

36

Id. at 226.

37

See id.

38

Id. at 226-227.

39

Id. at 226.

40

Id. at 228.

41

Id.

42

See Notice of Appeal Ex Abundanti Ad Cautelam dated March 17, 2009;id. at 229-230.

43

Id. at 40-54.

44

Id. at 53.

45

Id. at 52.

46

See id. at 51-53.

47

See id. at 53.

48

Dated June 10, 2013. Id. at 299-318.

49

Id. at 55-56.

50

See Article 1159 of the Civil Code.

51Mendiola

v. Commerz Trading Intl., Inc., G.R. No. 200895, July 31, 2013, 703 SCRA
137, 142-143.
52

See BA Finance Corporation v. CA, 278 Phil. 176, 182 (1991).

53

See Mercantile Insurance Co., Inc. v. Felipe Ysmael, Jr. & Co., Inc., 251 Phil. 66
(1989); BPI Credit Corporation v. CA, G.R. No. 96755, December 4, 1991, 204 SCRA 601.
54Gonzales

http://www.chanrobles.com/cralaw/2015marchdecisions.php?id=241

vs. Land Bank of the Philippines, 262 Phil. 568, 574 (1990).

14/01/2017, 4>53 PM
Page 5 of 9

THE
PHILIPPINES,
Plaintiff-Appellee,
v.
MERCADO Y SARMIENTO, Accused-Appellant.

BRIAN

G.R. No. 185374, March 11, 2015 - SIMPLICIA

CERCADO-SIGA
AND
LIGAYA
CERCADO-BELISON,
Petitioners, v. VICENTE CERCADO, JR., MANUELA C.
ARABIT, LOLITA C. BASCO, MARIA C. ARALAR AND
VIOLETA C. BINADAS, Respondent.
G.R. No. 176033, March 11, 2015 - FELILIBETH
AGUINALDO AND BENJAMIN PEREZ, Petitioners, v.
REYNALDO
P.
VENTUS
AND
JOJO
B.
JOSON,
Respondent.

55Koa

v. CA, G.R. No. 84847, March 5, 1993, 219 SCRA 541, 546, citing Fidelita Mut. L.
Ins. Co. v. Clark, 203 U.S. 64, 51 L. ed., 91 27 s. Ct. 19; Judson v. Corcoran, 17 How
(US) 612, 156 L. ed. 231.
56

See Lo v. KJS Eco-Formwork System Phil., Inc., 459 Phil. 532, 539 (2003), citing
Article 417 of the Civil Code which provides:
Art. 417. The following are also considered as personal property:
(1) Obligations and actions which have for their object movables or
demandable sums; and

G.R. No. 205492, March 11, 2015 - REPUBLIC OF THE

PHILIPPINES, Petitioner, v. SPOUSES DANTE AND
LOLITA BENIGNO, Respondent.
G.R. No. 202805, March 23, 2015
BANGUIS-TAMBUYAT,
Petitioner,
v.
BALCOM-TAMBUYAT, Respondent.

- ROSARIO
WENIFREDA

G.R. No. 202943, March 25, 2015 - THE DEPARTMENT

OF HEALTH, REPRESENTED BY SECRETARY ENRIQUE T.
ONA, AND THE FOOD AND DRUG ADMINISTRATION
(FORMERLY THE BUREAU OF FOOD AND DRUGS),
REPRESENTED BY ASSISTANT SECRETARY OF HEALTH
NICOLAS
B.
LUTERO
III,
OFFICER-IN-CHARGE,
Petitioners,
v.
PHILIP
MORRIS
PHILIPPINES
MANUFACTURING, INC., Respondent.

Rollo, p. 144.

57

xxxx
58

Art. 1616. The vendor cannot avail himself of the right of repurchase without returning
to the vendee the price of the sale, and in addition:
(1) The expenses of the contract, and any other legitimate payments made by reason of
the sale[.]

G.R. No. 160914, March 25, 2015 - MARCELA M. DELA

CRUZ, Petitioner, v. ANTONIO Q. HERMANO AND HIS
WIFE REMEDIOS HERMANO, Respondent.

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G.R. No. 189296, March 11, 2015 - PEOPLE OF THE

PHILIPPINES, Plaintiff-Appellee, v. RECTO ANGNGAO Y
MAKAY AND ROBERT CARLIN Y PECDASEN, ACCUSED,
RECTO ANGNGAO Y MAKAY, Accused-Appellant.
G.R. No. 202989, March 25, 2015 - COMGLASCO
CORPORATION/AGUILA GLASS, Petitioner, v. SANTOS
CAR CHECK CENTER CORPORATION, Respondent.

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G.R. No. 202970, March 25, 2015 - NATANYA JOANA

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G.R. No. 167052, March 11, 2015 - BANK OF THE

PHILIPPINE ISLANDS SECURITIES CORPORATION,
Petitioner, v. EDGARDO V. GUEVARA, Respondent.
G.R. No. 183531, March 25, 2015 - EASTERN
TELECOMMUNICATIONS PHILIPPINES, INC., Petitioner,
v.
COMMISSIONER
OF
INTERNAL
REVENUE,
Respondent.
G.R. No. 184301, March 23, 2015 - GE MONEY BANK,
INC. (FORMERLY KEPPEL BANK PHILIPPINES, INC.),
Petitioner, v. SPOUSES VICTORINO M. DIZON AND
ROSALINA L. DIZON, Respondent.

G.R. No. 197556, March 25, 2015 - WATERFRONT

CEBU CITY CASINO HOTEL, INC. AND MARCO
PROTACIO, Petitioners, v. ILDEBRANDO LEDESMA,
Respondent.

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G.R. No. 211199, March 25, 2015 - PEOPLE OF THE

PHILIPPINES, Plaintiff and Appellee, v. RANDY ROLLO
Y LAGASCA, Defendant and Appellant.
G.R. No. 173241, March 25, 2015 - SILICON
PHILIPPINES, INC. (FORMERLY INTEL PHILIPPINES
MANUFACTURING, INC.), Petitioner, v. COMMISSIONER
OF INTERNAL REVENUE, Respondent.
G.R. No. 193809, March 23, 2015 - SATURNINO
NOVECIO, GAVINO NOVECIO, ANASTACIO GOLEZ,
ABUNDIO SOMBILON, BERTING RODRIGUEZ, MELITON
CATALAN, Petitioners, v. HON. RODRIGO F. LIM, JR., AS
CHAIRMAN, HON. LEONCIA R. DIMAGIBA AS PONENTE
AND AS MEMBER AND HON. ANGELITA A. GACUTAN AS
MEMBER, FORMER TWENTY-THIRD DIVISION, COURT

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Page 6 of 9

OF APPEALS, MINDANAO STATION, HON. JUDGE

BENJAMIN ESTRADA, IN HIS CAPACITY AS PRESIDING
JUDGE OF BRANCH 9, RTC, MALAYBALAY, BUKIDNON,
MARIA CARMEN J. TUAZON, REP. BY HER ATTORNEYIN-FACT, LOPE DUROTAN, Respondents.; VERGELIO
ROSALES, LUIS TEQUILIO, GREGORIO PANANGIN,
JOSEPH RODRIQUEZ, EDDIE RODRIGUEZ, Petitioners,
v. HON. RODRIGO F. LIM, JR., AS CHAIRMAN, HON.
LEONCIA R. DIMAGIBA AS PONENTE AND AS MEMBER
DESIGNATED AS ACTING CHAIRPERSON, PER SPECIAL
ORDER
NO.
1955
DATED
MARCH
23,
2015.
DESIGNATED AS ACTING MEMBER VICE ASSOCIATE
JUSTICE ANTONIO T. CARPIO, PER SPECIAL ORDER NO.
1956 DATED MARCH 23, 2015. AND HON. ANGELITA A.
GACUTAN AS MEMBER, FORMER TWENTY-THIRD
DIVISION, COURT OF APPEALS, MINDANAO STATION,
HON. JUDGE BENJAMIN ESTRADA, IN HIS CAPACITY AS
PRESIDING JUDGE OF BRANCH 9, RTC, MALAYBALAY,
BUKIDNON, MANUEL V. NIETO, REP. BY HIS
ATTORNEY-IN-FACT, LOPE DUROTAN, Respondent.
G.R. No. 207422, March 18, 2015 - ANGEL ABAD,
Petitioner, v. HERMINIO DELA CRUZ, Respondent.
G.R. No. 208685, March 09, 2015 - PEOPLE OF THE
PHILIPPINES, Plaintiff-Appellee, v. RODRIGO CASACOP
Y DE CASTRO, Accused-Appellant.
G.R. No. 211159, March 18, 2015 - PEOPLE OF THE
PHILIPPINES,
Plaintiff-Appellee,
v.
MARCELINO
OLOVERIO, Accused-Appellant.
G.R. No. 175842, March 18, 2015 - NILO MACAYAN,
JR. Y MALANA, Petitioner, v. PEOPLE OF THE
PHILIPPINES, Respondent.
G.R. No. 189949, March 25, 2015 - CASTILLEJOS
CONSUMERS
ASSOCIATION,
INC.
(CASCONA),
Petitioner, v. JOSE S. DOMINGUEZ, ISIAS Q. VIDUA,
VICENTE M. BARRETO, JOSE M. SANTIAGO, JOSE
NASERIV C. DOLOJAN, JUAN FERNANDEZ, HONORARIO
DILAG, JR., FIDEL CORREA, ALICIA MERCADO, LECIRA
JUAREZ, ATTY. FULGENCIO VIGARE, JR., ANGELITO U.
SACRO, MILDRED ESGUERRA, ANTONIO APALISOK,
SALAMAN D. MANGCA, DANILO S. SEGOBRE, EDMUNDO
D. ENGAO, P/SUPT. ROLAND FELIX, P/SUPT. JERRY
SUMBAD, P/INSP. GERRY HADUCA, P/INSP. ROBIN
FUGIRAN, COOPERATIVE DEVELOPMENT AUTHORITY
(CDA),
BARTOLOME
GALARITA,
JR.,
WILFRE0O
JIMENEZ, HITLER UNTAL, JOEL JOHN PACTORES,
ROLLY CADORNA, RUDY ELIPSE, IBRAHIM LAHI,
RODOLFO BONIFACIO, JR., ANECITO VIEJO, JR.,
JONARD IRAN, ANGELITO BALDONAZA, NIKKO DAJAY,
ROLANDO ASPA, JESON CABATINGAN, JOBERT UGANG
(SECURITY GUARDS), JOHN DOES (MEMBERS OF THE
ZAMBALES PROVINCIAL MOBILE GROUP OF THE
PHILIPPINE NATIONAL POLICE), Respondent.
G.R. No. 178407, March 18, 2015 - METROPOLITAN
BANK AND TRUST COMPANY, Petitioner, v. S.F.
NAGUIAT ENTERPRISES, INC., Respondent.
G.R. No. 155405, March 18, 2015 - THE HEIRS OF
EUGENIO LOPEZ, SR. NAMELY, OSCAR M. LOPEZ,
MANUEL M. LOPEZ AND PRESENTACION L. PSINAKIS,
Petitioners,
v.
THE
HONORABLE
FRANCISCO
QUERUBIN, IN HIS CAPACITY AS PRESIDING JUDGE OF
THE REGIONAL TRIAL COURT OF ANTIPOLO, BRANCH
74, THE HEIRS OF ALFONSO SANDOVAL AND HIS WIFE
ROSA RUIZ, REPRESENTED BY THEIR ATTORNEY-INFACT, MRS. IMELDA RIVERA, Respondents.; G.R. No.
164092 - HEIRS OF EUGENIO LOPEZ, Petitioners, v.
ALFONSO SANDOVAL AND ROMAN OZAETA, JR.,
Respondent.
G.R. No. 212635, March 25, 2015 - PEOPLE OF THE
PHILIPPINES, Plaintiff-Appellee, v. CHARLIE SORIN Y
TAGAYLO, Accused-Appellant.
G.R. No. 171127, March 11, 2015 - NOEL
CASUMPANG, RUBY SANGA-MIRANDA AND SAN JUAN
DE DIOS HOSPITAL, Petitioners, v. NELSON CORTEJO,
Respondent.; G.R. No. 171217 - DRA. RUBY SANGAMIRANDA,
Petitioner,
v.
NELSON
CORTEJO,
Respondent; G.R. No. 171228 - SAN JUAN DE DIOS
HOSPITAL,
Petitioner,
v.
NELSON
CORTEJO,
Respondent.

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14/01/2017, 4>53 PM
Page 7 of 9

G.R. No. 197115, March 23, 2015 - REPUBLIC OF THE

PHILIPPINES, REPRESENTED BY THE SECRETARY OF
AGRICULTURE, Petitioner, v. FEDERICO DACLAN,
JOSEFINA COLLADO AND HER HUSBAND FEDERICO
DACLAN, TEODORO DACLAN AND MINVILUZ DACLAN
AS SURVIVING HEIRS OF DECEASED JOSE DACLAN,
Respondents.; [G.R. NO. 197267] - FEDERICO DACLAN,
JOSEFINA COLLADO, TEODORO DACLAN AND MINVILUZ
DACLAN AS SURVIVING HEIRS OF DECEASED JOSE
DACLAN,
Petitioners,
v.
REPUBLIC
OF
THE
PHILIPPINES, REPRESENTED BY THE SECRETARY OF
AGRICULTURE
AND
PROVINCE
OF
LA
UNION,
REPRESENTED BY ITS PROVINCIAL GOVERNOR,
Respondent.
G.R. No. 160728, March 11, 2015 - CLT REALTY
DEVELOPMENT CORPORATION, Petitioner, v. PHILVILLE DEVELOPMENT AND HOUSING CORPORATION,
REPUBLIC OF THE PHILIPPINES (THROUGH THE
OFFICE OF THE SOLICITOR GENERAL), AND THE
REGISTER OF DEEDS OF METRO MANILA DISTRICT III,
CALOOCAN CITY, Respondent.
G.R. No. 193038, March 11, 2015 - JOSEFINA V.
NOBLEZA,
Petitioner,
v.
SHIRLEY
B.
NUEGA,
Respondent.
G.R. Nos. 211789-90, March 17, 2015 - DR. REY B.
AQUINO, Petitioner, v. COMMISSION ON ELECTIONS,
Respondent.
A.C. No. 8261, March 11, 2015 - JESSIE T. CAMPUGAN
AND ROBERT C. TORRES, Complainants, v. ATTY.
FEDERICO S. TOLENTINO, JR., ATTY. RENATO G.
CUNANAN, ATTY. DANIEL F. VICTORIO, JR., AND ATTY.
ELBERT T. QUILALA, Respondents.; A.C. No. 8725 JESSIE T. CAMPUGAN AND ROBERT C. TORRES,
Complainants, v. ATTY. CONSTANTE P. CALUYA, JR.,
AND ATTY. ELBERT T. QUILALA, Respondent.
G.R. No. 206267, March 25, 2015 - PEOPLE OF THE
PHILIPPINES, Plaintiff-Appellee, v. RONNIE BUAT
ALIAS DATU SINSUAT, Accused-Appellant.
G.R. No. 182886, March 09, 2015 - SPOUSES
SALVADOR P. NORBERTE, JR. AND ELIZABETH S.
NORBERTE, Petitioners, v. SPOUSES FELICISIMO G.
MEJIA AND ELVIRA C. MEJIA AND/OR THEIR HEIRS,
REPRESENTED
BY
ALEXIS
MEJIA-QUERUBIN,
Respondent.
G.R. No. 169407, March 25, 2015 - BANK OF THE
PHILIPPINE
ISLANDS,
Petitioner,
v.
AMADOR
DOMINGO, Respondent.
G.R. No. 201248, March 11, 2015 - LETICIA NAGUIT
AQUINO, MELVIN NAGUIT, ROMMEL NAGUIT, ELMA
NAGUIT TAYAG, YSSEL L. NAGUIT, ROSALINA NAGUIT
AUMENTADO, RIZEL NAGUIT CUNANAN, CARIDAD
NAGUIT PARAJAS, MILLIE NAGUIT FLORENDO, MARNEL
NAGUIT, EDUARDO NAGUIT, JOSE NAGUIT, ZOILO
NAGUIT, AND AMELIA NAGUIT DIZON, REPRESENTED
BY YSSEL L. NAGUIT, Petitioners, v. CESAR B.
QUIAZON, AMANDA QUIAZON, JOSE B. QUIAZON AND
REYNALDO B. QUIAZON, REPRESENTED BY JAIME B.
QUIAZON, Respondent.
G.R. No. 193890, March 11, 2015 - ESTANISLAO AND
AFRICA SINAMBAN, Petitioners, v. CHINA BANKING
CORPORATION, Respondent.
G.R. No. 191945, March 11, 2015 - NATIONAL POWER
CORPORATION, Petitioner, v. SOCORRO T. POSADA,
RENATO BUENO, ALICE BALIN, ADRIAN TABLIZO,
TEOFILO TABLIZO, AND LYDIA T. OLIVO, SUBSTITUTED
BY HER HEIRS, ALFREDO M. OLIVO, ALICIA O.
SALAZAR, ANITA O. ORDONO, ANGELITA O. LIM, AND
ADELFA O. ESPINAS, Respondents.
G.R. No. 175493, March 25, 2015 - REPUBLIC OF THE
PHILIPPINES, Petitioner, v. HEIRS OF GABRIEL Q.
FERNANDEZ, Respondents.
G.R. No. 197546, March 23, 2015 - PEOPLE OF THE
PHILIPPINES, Plaintiff-Appellee, v. BAYANI DE LEON,
ANTONIO DE LEON, DANILO DE LEON AND YOYONG DE
LEON, Accused-Appellants.

http://www.chanrobles.com/cralaw/2015marchdecisions.php?id=241

14/01/2017, 4>53 PM
Page 8 of 9

G.R. No. 195956, March 11, 2015 - ABS-CBN

CORPORATION,
Petitioner,
v.
FELIPE
GOZON,
GILBERTO R. DUAVIT, JR., MARISSA L. FLORES,
JESSICA A. SOHO, GRACE DELA PEA-REYES, JOHN
OLIVER T. MANALASTAS, JOHN DOES AND JANE DOES,
Respondents.
G.R. No. 184355, March 23, 2015 - ARNULFO A.K.A.
ARNOLD JACABAN, Petitioner, v. PEOPLE OF THE
PHILIPPINES, Respondent.
G.R. No. 179047, March 11, 2015 - SECURITIES AND
EXCHANGE COMMISSION, Petitioner, v. SUBIC BAY
GOLF AND COUNTRY CLUB, INC. AND UNIVERSAL
INTERNATIONAL
GROUP
DEVELOPMENT
CORPORATION, Respondents.

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