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Philippine Supreme Court Jurisprudence > Year 2016 > August 2016 Decisions > G.R. No. 167082, August
03, 2016 - TERESITA I. BUENAVENTURA, Petitioner, v. METROPOLITAN BANK AND TRUST COMPANY,
Respondent.:

G.R. No. 167082, August 03, 2016 - TERESITA I. BUENAVENTURA, Petitioner, v. METROPOLITAN BANK
AND TRUST COMPANY, Respondent.

PHILIPPINE SUPREME COURT DECISIONS

FIRST DIVISION

G.R. No. 167082, August 03, 2016

TERESITA I. BUENAVENTURA, Petitioner, v. METROPOLITAN BANK AND TRUST COMPANY, Respondent.

DECISION
BERSAMIN, J.:

A duly executed contract is the law between the parties, and, as such, commands them to comply fully
and not selectively with its terms. A contract of adhesion, of itself, does not exempt the parties from
compliance with what was mutually agreed upon by them.

The Case

In this appeal, the petitioner seeks the reversal of the decision promulgated on April 23, 2004,1 whereby
the Court of Appeals (CA) affirmed with modification the judgment2 rendered on July 11, 2002 by the
Regional Trial Court (RTC), Branch 61, in Makati City. Also being appealed is the resolution3 promulgated
on February 9, 2005, whereby the CA denied her motion for reconsideration.

Antecedents

The following factual and procedural antecedents are narrated by the CA in its assailed decision, to
wit:ChanRoblesVirtualawlibrary

On January 20, 1997 and April 17, 1997, Teresita Buenaventura (or "appellant") executed Promissory
Note (or "PN") Nos. 232663 and 232711, respectively, each in the amount of PI,500,000.00 and payable
to Metropolitan Bank and Trust Company (or "appellee"). PN No. 232663 was to mature on July 1, 1997,
with interest and credit evaluation and supervision fee (or "CESF") at the rate of 17.532% per annum,
while PN No. 232711 was to mature on April 7, 1998, with interest and CESF at the rate of 14.239% per
annum. Both PNs provide for penalty of 18% per annum on the unpaid principal from date of default
until full payment of the obligation.

Despite demands, there remained unpaid on PN Nos. 232663 and 232711 the amounts of P2,061,208.08
and PI,492,236.37, respectively, as of July 15, 1998, inclusive of interest and penalty. Consequently,
appellee filed an action against appellant for recovery of said amounts, interest, penalty and attorney's
fees before the Regional Trial Court of Makati City (Branch 61).
In answer, appellant averred that in 1997, she received from her nephew, Rene Imperial (Or "Imperial"),
three postdated checks drawn against appellee (Tabaco Branch), i.e., Check No. TA 1270484889PA dated
January 5, 1998 in the amount of PI,200,000.00, Check No. 1270482455PA dated March 31, 1998 in the
amount of PI,197,000.00 and Check No. TA1270482451PA dated March 31, 1998 in the amount of
P500,000.00 (or "subject checks"), as partial payments for the purchase of her properties; that she
rediscounted the subject checks with appellee (Timog Branch), for which she was required to execute
the PNs to secure payment thereof; and that she is a mere guarantor and cannot be compelled to pay
unless and until appellee shall have exhausted all the properties of Imperial.4

On July 11, 2002, the RTC rendered its judgment,5 viz.:ChanRoblesVirtualawlibrary

WHEREFORE, in view of the foregoing, the Court finds in favor of plaintiff METROPOLITAN BANK AND
TRUST COMPANY and against defendant TERESITA BUENAVENTURA.

As a consequence of this judgment, defendant Buenaventura is directed to pay plaintiff bank the
amount of P3,553,444.45 plus all interest and penalties due as stipulated in Promissory Notes Nos.
232663 and 232711 beginning July 15, 1998 until the amount is fully paid and 10% of the total amount
due as attorney's fees.

SO ORDERED.

Dissatisfied, the petitioner appealed, assigning the following as errors, namely:

chanRoblesvirtualLawlibrary

THE TRIAL COURT ERRED IN HOLDING THAT THE REDISCOUNTING TRANSACTION BETWEEN APPELLANT
AND METROBANK RESULTED TO A LOAN OBLIGATION SECURED BY THE SUBJECT CHECKS AND
PROMISSORY NOTES.

Rediscounting transactions do not create loan obligations between the parties.

By the rediscounting, Metrobank subrogated appellant as creditor of Rene Imperial, the issuer of the
checks.
Legal subrogation was presumed when Metrobank paid the obligation of Mr. Imperial with the latter's
knowledge and consent.

II

THE TRIAL COURT ERRED IN GRANTING METROBANK'S CLAIMS ON THE BASIS OF THE PROMISSORY
NOTES.

The promissory notes are null and void for being simulated and fictitious.

Assuming that the promissory notes are valid, these only serve as guaranty to secure the payment of the
rediscounted checks.

III

THE TRIAL COURT ERRED IN NOT RULING THAT APPELLANT IS ENTITLED TO HER COUNTERCLAIMS FOR
EXEMPLARY DAMAGES, ATTTORNEY'S FEES, LITIGATION EXPENSES AND COSTS OF SUIT.6chanrobleslaw

On April 23, 2004, the CA promulgated the assailed decision affirming the decision of the RTC with
modification,7 as follows:

chanRoblesvirtualLawlibraryWHEREFORE, the appealed decision is AFFIRMED with

MODIFICATION of the second paragraph of its dispositive portion, which should now
read:ChanRoblesVirtualawlibrary

"As a consequence of this judgment, defendant Buenaventura is directed to pay plaintiff bank the
amount of P3,553,444.45 plus interest and penalty therein at 14.239% per annum and 18% per annum,
respectively, from July 15, 1998 until fully paid and 10% of said amount as attorney's fees."

SO ORDERED.8

On May 21, 2004, the petitioner moved for the reconsideration of the decision, but the CA denied her
motion for that purpose on February 9, 2005.9chanrobleslaw
Hence, this appeal by the petitioner.

Issues

The petitioner ascribes the following errors to the CA, to wit:

chanRoblesvirtualLawlibrary

THE COURT OF APPEALS ERRED IN HOLDING THAT PETITIONER IS LIABLE UNDER THE PROMISSORY
NOTES.

The promissory notes executed by petitioner are null and void for being simulated and fictitious.

Even assuming that the promissory notes are valid, these are intended as mere guaranty to secure Rene
Imperial's payment of the rediscounted checks. Hence, being a mere guarantor, the action against
petitioner under the said promissory notes is premature.

Metrobank is deemed to have subrogated petitioner as creditor of Mr. Imperial (the issuer of the
checks). Hence, Metrobank's recourse as creditor, is against Mr. Imperial.

II

THE COURT OF APPEALS ERRED IN NOT RULING THAT PETITIONER IS ENTITLED TO HER COUNTER-CLAIM
FOR EXEMPLARY DAMAGES, ATTORNEY'S FEES, LITIGATION EXPENSES AND COSTS OF SUIT.10

Ruling

The appeal lacks merit.

First of all, the petitioner claims that the promissory notes she executed were contracts of adhesion
because her only participation in their execution was affixing her signature,11 and that the terms of the
promissory notes should consequently be strictly construed against the respondent as the party
responsible for their preparation.12 In contrast, the respondent counters that the terms and conditions
of the promissory notes were clear and unambiguous; hence, there was no room or need for
interpretation thereof.13chanrobleslaw

The respondent is correct.

The promissory notes were written as follows:ChanRoblesVirtualawlibrary

FOR VALUE RECEIVED, I/we jointly and severally promise to pay Metropolitan Bank and Trust Company,
at its office x x x the principal sum of PESOS xxx, Philippine currency, together with interest and credit
evaluation and supervision fee (CESF) thereon at the effective rate of xxx per centum xxx per annum,
inclusive, from date hereof and until fully paid.14

What the petitioner advocates is for the Court to now read into the promissory notes terms and
conditions that would contradict their clear and unambiguous terms in the guise of such promissory
notes being contracts of adhesion. This cannot be permitted, for, even assuming that the promissory
notes were contracts of adhesion, such circumstance alone did not necessarily entitle her to bar their
literal enforcement against her if their terms were unequivocal. It is preposterous on her part to
disparage the promissory notes for being contracts of adhesion, for she thereby seems to forget that the
validity and enforceability of contracts of adhesion were the same as those of other valid contracts. The
Court has made this plain in Avon Cosmetics, Inc. v. Luna,15 stating:ChanRoblesVirtualawlibrary

A contract of adhesion is so-called because its terms are prepared by only one party while the other
party merely affixes his signature signifying his adhesion thereto. Such contract is just as binding as
ordinary contracts.

It is true that we have, on occasion, struck down such contracts as void when the weaker party is
imposed upon in dealing with the dominant bargaining party and is reduced to the alternative of taking
it or leaving it, completely deprived of the opportunity to bargain on equal footing. Nevertheless,
contracts of adhesion are not invalid per se and they are not entirely prohibited. The one who adheres
to the contract is in reality free to reject it entirely, if he adheres, he gives his consent.

xxxx
Accordingly, a contract duly executed is the law between the parties, and they are obliged to comply
fully and not selectively with its terms. A contract of adhesion is no exception.

As a rule, indeed, the contract of adhesion is no different from any other contract. Its interpretation still
aligns with the literal meaning of its terms and conditions absent any ambiguity, or with the intention of
the parties.16 The terms and conditions of the promissory notes involved herein, being clear and
beyond doubt, should then be enforced accordingly. In this regard, we approve of the observation by
the CA, citing Cruz v. Court of Appeals, 17 that the intention of the parties should be "deciphered not
from the unilateral post facto assertions of one of the parties, but from the language used in the
contract."18 As fittingly declared in The Insular Life Assurance Company, Ltd. vs. Court of Appeals and
Sun Brothers & Company,19 "[w]hen the language of the contract is explicit leaving no doubt as to the
intention of the drafters thereof, the courts may not read into it any other intention that would
contradict its plain import." Accordingly, no court, even this Court, can "make new contracts for the
parties or ignore those already made by them, simply to avoid seeming hardships. Neither abstract
justice nor the rule of liberal construction justifies the creation of a contract for the parties which they
did not make themselves or the imposition upon one party to a contract of an obligation not
assumed."20chanrobleslaw

Secondly, the petitioner submits that the promissory notes were null and void for being simulated and
fictitious; hence, the CA erred in enforcing them against her.

The submission contradicts the records and the law pertinent to simulated contracts.

Based on Article 134521 of the Civil Code, simulation of contracts is of two kinds, namely: (1) absolute;
and (2) relative. Simulation is absolute when there is color of contract but without any substance, the
parties not intending to be bound thereby.22 It is relative when the parties come to an agreement that
they hide or conceal in the guise of another contract.23chanrobleslaw

The effects of simulated contracts are dealt with in Article 1346 of the Civil Code, to
wit:ChanRoblesVirtualawlibrary

Art. 1346. An absolutely simulated or fictitious contract is void. A relative simulation, when it does not
prejudice a third person and is not intended for any purpose contrary to law, morals, good customs,
public order or public policy binds the parties to their real agreement.

The burden of showing that a contract is simulated rests on the party impugning the contract. This is
because of the presumed validity of the contract that has been duly executed.24 The proof required to
overcome the presumption of validity must be convincing and preponderant. Without such proof,
therefore, the petitioner's allegation that she had been made to believe that the promissory notes
would be guaranties for the rediscounted checks, not evidence of her primary and direct liability under
loan agreements,25cralawred could not stand.

Moreover, the issue of simulation of contract was not brought up in the RTC. It was raised for the first
time only in the CA.26 Such belatedness forbids the consideration of simulation of contracts as an issue.
Indeed, the appellate courts, including this Court, should adhere to the rule that issues not raised below
should not be raised for the first time on appeal. Basic considerations of due process and fairness impel
this adherence, for it would be violative of the right to be heard as well as unfair to the parties and to
the administration of justice if the points of law, theories, issues and arguments not brought to the
attention of the lower courts should be considered and passed upon by the reviewing courts for the first
time.

Thirdly, the petitioner insists that the promissory notes, even if valid, were meant as guaranties to
secure payment of the checks by the issuer, Rene Imperial; hence, her liability was that of a guarantor,
and would take effect only upon exhaustion of all properties and after resort to all legal remedies
against Imperial.27chanrobleslaw

The insistence of the petitioner is bereft of merit.

The CA rejected this insistence, expounding as follows:ChanRoblesVirtualawlibrary

A guaranty is not presumed; it must be expressed (Art. 2055, New Civil Code). The PNs provide, in clear
language, that appellant is primarily liable thereunder. On the other hand, said PNs do not state that
Imperial, who is not even privy thereto, is the one primarily liable and that appellant is merely a
guarantor. Parenthetically, the disclosure statement (Exh. "D") executed by appellant states that PN No.
232711 is "secured by postdated checks". In other words, it does not appear that the PNs were executed
as guaranty for the payment of the subject checks.

Nevertheless, appellant insists that she did not obtain a short-term loan from appellee but rediscounted
the subject checks, with the PNs as guaranty. The contention is untenable.
In Great Asian Sales Center Corporation vs. Court of Appeals (381 SCRA 557), which was cited in support
of appellant's claim, the Supreme Court explained the meaning of "discounting line",
thus:ChanRoblesVirtualawlibrary

"In the financing industry, the term 'discounting line' means a credit facility with a financing company or
bank which allows a business entity to sell, on a continuing basis, its accounts receivable at a discount.
The term 'discount' means the sale of a receivable at less than its face value. The purpose of a
discounting line is to enable a business entity to generate instant cash out of its receivables which are
still to mature at future dates. The financing company or bank which buys the receivables makes its
profit out of the difference between the face value of the receivable and the discounted price."

A guarantor may bind himself for less, but not for more than the principal debtor, both as regards the
amount and the onerous nature of the conditions (Art. 2054, id). Curiously, the face amounts of the PNs
(totaling P3,000,000.00) are more than those of the subject checks (totaling P2,897,000.00). And unlike
the subject checks, the PNs provide for interest, CESF and penalty.

Moreover, the maturity date (July 1, 1997) of PN No. 232663 is ahead of the dates (January 5, 1998 and
March 31, 1998) of the subject checks. In other words, appellant, as "guarantor", was supposed to make
good her "guaranty", i.e. PNs in question, even before the "principal" obligations, i.e. subject checks,
became due. It is also noted that the rediscounting of the subject checks (in January 1997) occurred
months ahead of the execution of PN No. 232711 (on April 17, 1997) even as the PNs were supposedly a
precondition to said rediscounting.

xxxx

Stated differently, appellant is primarily liable under the subject checks. She is a principal debtor and not
a guarantor. Consequently, the benefit of excussion may not be interposed as a defense in an action to
enforce appellant's warranty as indorser of the subject checks.

Moreover, it is absurd that appellant (as maker of the PNs) may act as guarantor of her own obligations
(as indorser of the subject checks). Thus, Art. 2047 of the New Civil Code provides that "(b)y guaranty, a
person called the guarantor, binds himself to the creditor to fulfill the obligation of the principal debtor
in case the latter should fail to do so."28 (Emphasis supplied)

The CA was correct. A contract of guaranty is one where a person, the guarantor, binds himself or
herself to another, the creditor, to fulfill the obligation of the principal debtor in case of failure of the
latter to do so.29 It cannot be presumed, but must be express and in writing to be enforceable,30
especially as it is considered a special promise to answer for the debt, default or miscarriage of
another.31 It being clear that the promissory notes were entirely silent about the supposed guaranty in
favor of Imperial, we must read the promissory notes literally due to the absence of any ambiguities
about their language and meaning. In other words, the petitioner could not validly insist on the
guaranty. In addition, the disclosure statements32 and the statements of loan release33 undeniably
identified her, and no other, as the borrower in the transactions. Under such established circumstances,
she was directly and personally liable for the obligations under the promissory notes.

Fourth, the petitioner argues that the respondent was immediately . subrogated as the creditor of the
accounts by its purchase of the checks from her through its rediscounting facility;34 and that legal
subrogation should be presumed because the petitioner, a third person not interested in the obligation,
paid the debt with the express or tacit approval of the debtor.35chanrobleslaw

The argument is barren of factual and legal support.

Legal subrogration finds no application because there is no evidence showing that Imperial, the issuer of
the checks, had consented to the subrogation, expressly or impliedly.36 This circumstance was pointed
out by the RTC itself.37 Also, as the CA emphatically observed,38 the argument was off-tangent because
the suit was not for the recovery of money by virtue of the checks of Imperial but for the enforcement
of her obligation as the maker of the promissory notes.

Fifth, the petitioner posits that she was made to believe by the manager of the respondent's Timog
Avenue, Quezon City Branch that the promissory notes would be mere guaranties for the rediscounted
checks;39 that despite the finding of the RTC and the CA that she was a seasoned businesswoman
presumed to have read and understood all the documents given to her for signature, she remained a
layman faced with and puzzled by complex banking terms; and that her acceding to signing the
promissory notes should not be taken against her as to conclude her.40chanrobleslaw

The petitioner's position is unworthy of serious consideration.

After having determined that the terms and conditions of the promissory notes were clear and
unambiguous, and thus should be given their literal meaning and not be interpreted differently, we
insist and hold that she should be bound by such terms and conditions. Verily, the promissory notes as
contracts should bind both contracting parties; hence, the validity or compliance therewith should not
be left to the will of the petitioner.41 Otherwise, she would contravene and violate the principles of
mutuality and of the obligatory force of contracts. A respected commentator on civil law has written in
this respect:ChanRoblesVirtualawlibrary

The binding effect of the contract on both parties is based on the principles (1) that obligations arising
from contracts have the force of law between the contracting parties; and (2) that there must be
mutuality between the parties based on their essential equality, to which is repugnant to have one party
bound by the contract leaving the other free therefrom.

xxxx

Just as nobody can be forced to enter into a contract, in the same manner once a contract is entered
into, no party can renounce it unilaterally or without the consent of the other. It is a general principle of
law that no one may be permitted to change his mind or disavow and go back upon his own acts, or to
proceed contrary thereto, to the prejudice of the other party.

If, after a perfect and binding contract has been executed between the parties, it occurs to one of them
to allege some defect therein as a reason for annulling it, the alleged defect must be conclusively
proven, since the validity and fulfillment of contracts cannot be left to the will of one of the contracting
parties. The fact that a party may not have fully understood the legal effect of the contract is no ground
for setting it aside.42

And, lastly, there is need to revise the monetary awards by the CA. Although no issue is raised by the
petitioner concerning the monetary awards, the Court feels bound to make this revision as a matter of
law in order to arrive at a just resolution of the controversy.

Involved here are two loans of the petitioner from the respondent, specifically: (1) the principal amount
of PI,500,000.00 covered by Promissory Note No. 232663 to be paid on or before July 1, 1997 with
interest and credit evaluation and supervision fee (CESF) at the rate of 17.532% per annum and penalty
charge of 18% per annum based on the unpaid principal to be computed from the date of default until
full payment of the obligation; and (2) the principal amount of PI,500,000.00 covered by Promissory
Note No. 232711 to be paid on or before April 7, 1998 with interest and CESF at the rate of 14.239% per
annum and penalty charge of 18% per annum based on the unpaid principal to be computed from the
date of default until full payment of the obligation.
The RTC adjudged the petitioner liable to pay to the respondent the total of P3,553,444.45 representing
her outstanding obligation, including accrued interests and penalty charges under the promissory notes,
plus attorney's fees.43 On appeal, the CA ruled that she was liable to the respondent for the sum of
P3,553,444.45 with interest and penalties at 14.239% per annum and 18% per annum, respectively,
from July 15, 1998 until fully paid.44chanrobleslaw

The bases of the amounts being claimed from the petitioner were apparently the two statements of past
due interest and penalty charges as of July 15, 1998, one corresponding to Promissory Note No.
232711,45 and the other to Promissory Note No. 232663,46 Respondent's witness Patrick N. Miranda,
testifying on the obligation and the computation thereof,47 attested as
follows:ChanRoblesVirtualawlibrary

What is the amount of her loan obligation?

-Under Promissory Note No. 232663, her loan obligation is Pl,492,236.37 inclusive of interest and
penalty charges as of July 15, 1998. Under Promissory Note No. 232711, her loan obligation is
P2,061,208.08, inclusive of interest and penalty charges as of July 15, 1998. Thus, the total is
P3,553,444.45 as of July 15, 1998. Two (2) Statements of Account were prepared to show the
computation and penalty charges.

Do you have these Statements of Account?

-Yes, sir. (Copies are hereto attached as Exhibits "H" and "I".) 48

Promissory Note No. 23271149

PRINCIPAL AMOUNT P1,500,000.00

PAST DUE INTEREST - 334 days @34.991%

fr. Aug. 15, 1997 to July 15, 1998 P486,958.08

PENALTY CHARGES - 99 days @18.0%

TOTAL OUTSTANDING LOAN

AS OF JULY 15, 1998 P2,061,208.08

Promissory Note No. 23266350

PRINCIPAL AMOUNT P1,200,000.00

PAST DUE INTEREST - 191 days @27.901%

fr. [J]an. 05, 1998 to [J]uly 15, 1998 P177,636.37

PENALTY CHARGES - 191 days @18.0%

fr. [J]an. 05, 1998 to [J]uly 15, 1998 P114,600.00

TOTAL OUTSTANDING LOAN

AS OF JULY 15, 1998 P1,492,236.37

The total of P3,553,444.45 was the final sum of the computations contained in the statements of past
due interest and penalty charges as of July 15, 1998, and was inclusive of interest at the rate of 34.991%
(on the principal of P1,500,000.00) and 27.901% (on the principal of P1,200,00.00). Yet, such interest
rates were different from the interest rates stipulated in the promissory notes, namely: 14.239% for
promissory Note No. 232711 and 17.532% for Promissory Note No. 232663. As a result, the
P3,553,444.45 claimed by the respondent as the petitioner's aggregate oustanding loan obligatopn
included interest of almost double the rates stipulated by the parties.

We hold that the respondent had no legal basis for imposing rates far higher than those agreed upon
and stipulated in the promissory notes. It did not suitably justify the imposition of the increased rates of
34.991% and 27.901%, as borne out by the statements of past due interest and penalty charges as of
July 15, 1998, although it certainly was its burden to show the legal and factual support for the
imposition. We need not remind that the burden of proof is the duty of any party to present evidence to
establish its claim or defense by the amount of evidence required by law, which in civil cases is
preponderance of evidence.51 Consequently, we have to strike down the imposition.

Parenthetically, we observe that the stipulation in the promissory notes on the automatic increase of
the interest rate to the prevailing rate52 did not justify the increase of the interest rates because the
respondent did not adduce evidence about the prevailing rates at the time material to this case.

On May 16, 2013, the Monetary Board of the Bangko Sentral ng Pilipinas, in the exercise of its statutory
authority to review and fix interest rates, issued Circular No. 799, Series of 2013 to lower to 6% per
annum the rate of interest for loan or forbearance of any money, goods or credits, and the rate allowed
in judgment.53 The revised rate applies only in the absence of stipulation in loan contracts. Hence, the
contractual stipulations on the rates of interest contained in the promissory notes remained applicable.

Considering that, as mentioned, the P3,553,444.45 was an aggregate inclusive of the interest {i.e., at the
rates of 34.991% and 27.901% per annum); and that the penalty charges contravened the express
provisions of the promissory notes, the RTC and the CA both erred on a matter of law, and we should
correct their error as a matter of law in the interest of justice.

It is further held that the CA could not validly apply the lower interest rate of 14.239% per annum to the
whole amount of P3,553,444.45 in contravention of the stipulation of the parties. In Mallari v. Prudential
Bank,54 the Court declared that the interest rate of "3% per month and higher are excessive,
unconscionable and exorbitant, hence, the stipulation was void for being contrary to morals." Even so,
the Court did not consider as unconscionable the interest rate of 23% per annum agreed upon by the
parties. Upholding the 23% per annum interest rate agreed upon, the Court instead opined that "the
borrowers cannot renege on their obligation to comply with what is incumbent upon them under the
contract of loan as the said contract is the law between the parties and they are bound by its
stipulations."55 Consequently, the respondent could not impose the flat interest rate of 14.239% per
annum on the petitioner's loan obligation. Verily, the obligatory force of the stipulations between the
parties called for the imposition of the interest rates stipulated in the promissory notes.

To accord with the prevailing jurisprudence, the Court pronounces that the respondent was entitled to
recover the principal amount of P1,500,000.00 subject to the stipulated interest of 14.239%per annum
from date of default until full payment;56 and the principal amount of P1,200,000.00 subject to the
stipulated interest of 17.532%per annum from date of default until full payment.57chanrobleslaw

The next matter to be considered and determined is the date of default.

According to Article 1169 of the Civil Code, there is delay or default from the time the obligee judicially
or extrajudically demands from the obligor the fulfillment of his or her obligation. The records reveal
that the respondent did not establish when the petitioner defaulted in her obligation to pay based on
the two promissory notes. As such, its claim for payment computed from July 15, 1998 until full payment
of the obligation had no moorings other than July 15, 1998 being the date reflected in the statements of
past due interest and penalty charges as of July 15, 1998. Nonetheless, its counsel, through the letter
dated July 7, 1998,58 made a final demand in writing for the petitioner to settle her total obligation
within five days from receipt. As the registry return receipt indicated,59 the final demand letter was
received for the petitioner by one Elisa dela Cruz on July 28, 1998. Hence, the petitioner had five days
from such receipt, or until August 2, 1998, within which to comply. The reckoning date of default is,
therefore, August 3, 1998.

As to the penalty charge, the same was warranted for being expressly stipulated in the promissory
notes, to wit:ChanRoblesVirtualawlibrary

I/we further agree to pay the Bank, in addition to the agreed interest rate, a penalty charge of eighteen
per centum (18%) per annum based on any unpaid principal to be computed from date of default until
full payment of the obligation.60

Verily, a penal clause is an accessory undertaking attached to a principal obligation. It has for its
purposes, firstly, to provide for liquidated damages; and, secondly, to strengthen the coercive force of
the obligation by the threat of greater responsibility in the event of breach of obligation.61 Under Article
1226 of the Civil Code,62 a penal clause is a substitute indemnity for damages and the payment of
interests in case of noncompliance, unless there is a stipulation to the contrary. In Tan v. Court of
Appeals[63] the Court has elaborated on the nature of a penalty clause in the
following:ChanRoblesVirtualawlibrary

Penalty on delinquent loans may take different forms. In Government Service Insurance System v. Court
of Appeals, this Court has ruled that the New Civil Code permits an agreement upon a penalty apart
from the monetary interest. If the parties stipulate this kind of agreement, the penalty does not include
the monetary interest, and as such the two are different and distinct from each other and may be
demanded separately. Quoting Equitable Banking Corp. v. Liwanag, the GSIS case went on to state that
such a stipulation about payment of an additional interest rate partakes of the nature of a penalty
clause which is sanctioned by law, more particularly under Article 2229 of the New Civil Code which
provides that:ChanRoblesVirtualawlibrary

If the obligation consists in the payment of a sum of money, and the debtor incurs in delay, the
indemnity for damages, there being no stipulation to the contrary, shall be the payment of the interest
agreed upon, and the absence of stipulation, the legal interest, which is six per cent per annum.

The penalty charge of two percent (2%) per month in the case at bar began to accrue from the time of
default by the petitioner. There is no doubt that the petitioner is liable for both the stipulated monetary
interest and the stipulated penalty charge. The penalty charge is also called penalty or compensatory
interest.

The Court has explained the rate of compensatory interest on monetary awards adjudged in decisions of
the Court in Planters Development Bank v. Lopez,64 citing Nacar v. Gallery Frames [65] to
wit:ChanRoblesVirtualawlibrary

With respect to the computation of compensatory interest, Section 1 of Bangko Sentral ng Pilipinas
(BSP) Circular No. 799, Series of 2013, which took effect on July 1, 2013,
provides:ChanRoblesVirtualawlibrary

Section 1. The rate of interest for the loan or forbearance of any money, goods or credits and the rate
allowed in judgments, in the absence of an express contract as to such rate of interest, shall be six
percent (6%) per annum.

This provision amends Section 2 of Central Bank (CB) Circular No. 905-82, Series of 1982, which took
effect on January 1, 1983. Notably, we recently upheld the constitutionality of CB Circular No. 905-82 in
Advocates for Truth in Lending, Inc., et al. v. Bangko Sentral ng Pilipinas Monetary Board, etc. Section 2
of CB Circular No. 905-82 provides:ChanRoblesVirtualawlibrary

Section 2. The rate of interest for the loan or forbearance of any money, goods or credits and the rate
allowed in judgments, in the absence of express contract as to such rate of interest, shall continue to be
twelve percent (12%) per annum.

Pursuant to these changes, this Court modified the guidelines in Eastern Shipping Lines, Inc. v. Court of
Appeals in the case of Dario Nacar v. Gallery Frames, et al.(Nacar). In Nacar, we established the
following guidelines:ChanRoblesVirtualawlibrary

When an obligation, regardless of its source, i.e., law, contracts, quasi-contracts, delicts or quasi-delicts
is breached, the contravenor can be held liable for damages. The provisions under Title XVIII on
"Damages" of the Civil Code govern in determining the measure of recoverable damages.

With regard particularly to an award of interest in the concept of actual and compensatory damages,
the rate of interest, as well as the accrual thereof, is imposed, as follows:
When the obligation is breached, and it consists in the payment of a sum of money, i.e., a loan or
forbearance of money, the interest due should be that which may have been stipulated in writing.
Furthermore, the interest due shall itself earn legal interest from the time it is judicially demanded. In
the absence of stipulation, the rate of interest shall be 6% per annum to be computed from default, i.e.,
from judicial or extrajudicial demand under and subject to the provisions of Article 1169 of the Civil
Code, (emphasis and underscore supplied)

When an obligation, not constituting a loan or forbearance of money, is breached, an interest on the
amount of damages awarded may be imposed at the discretion of the court at the rate of 6% per
annum. No interest, however, shall be adjudged on unliquidated claims or damages, except when or
until the demand can be established with reasonable certainty. Accordingly, where the demand is
established with reasonable certainty, the interest shall begin to run from the time the claim is made
judicially or extrajudicially (Art. 1169, Civil Code), but when such certainty cannot be so reasonably
established at the time the demand is made, the interest shall begin to run only from the date the
judgment of the court is made (at which time the quantification of damages may be deemed to have
been reasonably ascertained). The actual base for the computation of legal interest shall, in any case, be
on the amount finally adjudged.

When the judgment of the court awarding a sum of money becomes final and executory, the rate of
legal interest, whether the case falls under paragraph 1 or paragraph 2, above, shall be 6% per annum
from such finality until its satisfaction, this interim period being deemed to be by then an equivalent to a
forbearance of credit.

And, in addition to the above, judgments that have become final and executory prior to July 1, 2013,
shall not be disturbed and shall continue to be implemented applying the rate of interest fixed therein.

To accord with the foregoing rulings, the 17.532% and 14.239% annual interest rates shall also
respectively earn a penalty charge of 18% per annum reckoned on the unpaid principals computed from
the date of default (August 3, 1998) until fully paid. This is in line with the express agreement between
the parties to impose such penalty charge.

Article 2212 of the Civil Code requires that interest due shall earn legal interest from the time it is
judicially demanded, although the obligation may be silent upon this point. Accordingly, the interest due
shall itself earn legal interest of 6% per annum from the date of finality of the judgment until its full
satisfaction, the interim period being deemed to be an equivalent to a forbearance of
credit.66chanrobleslaw
WHEREFORE, the Court AFFIRMS the decision promulgated on April 23, 2004 with the MODIFICATION
that the petitioner shall pay to the respondent: (1) the principal sum of PI,500,000.00 under Promissory
Note No. 232711, plus interest at the rate of 14.239% per annum commencing on August 3, 1998 until
fully paid; (2) the principal sum of PI,200,000.00 under Promissory Note No. 232663, plus interest at the
rate of 17.532% per annum commencing on August 3, 1998 until fully paid; (3) penalty interest on the
unpaid principal amounts at the rate of 18% per annum commencing on August 3, 1998 until fully paid;
(4) legal interest of 6% per annum on the interests commencing from the finality of this judgment until
fully paid; (5) attorney's fees equivalent to 10% of the total amount due to the respondent; and (6) costs
of suit.

SO ORDERED.chanRoblesvirtualLawlibrary

Sereno, C.J., Leonardo-De Castro, Perlas-Bernabe, and Caguioa, JJ., concur.

Endnotes:

1Rollo, pp. 174-182; penned by Associate Justice Edgardo P. Cruz (retired), with the concurrence of
Associate Justice Delilah Vidallon-Magtolis (retired) and Associate Justice Noel G. Tijam.

2 CA rollo, pp. 62-69; penned by Judge Marissa Macaraig-Guillen

3Rollo, p. 193.

4Rollo, pp. 174-175.

5 CA rollo, p. 69.

6 Id. at 23-24.

7 Supra note 1.
8 Id. at 181.

9 CA rollo, p. 194.

10Rollo, pp. 13-14.

11 Id. at 16.

12 Id. at 17.

13 Id. at 211-212.

14 Id. at 37.

15 G.R. No. 153674, December 20, 2006, 511 SCRA 376, 396-397.

16 The Civil Code says:ChanRoblesVirtualawlibrary

Art. 1370. If the terms of a contract are clear and leave no doubt upon the intention of the contracting
parties, the literal meaning of its stipulation shall control.

If the words appear to be contrary to the evident intention of the parties, the latter shall prevail over the
former.

17 G.R. No. 126713, July 27, 1998, 293 SCRA 239, 252.

18Rollo, p. 177.
19 G.R. No. 126850, April 28, 2004, 428 SCRA 79, 92.

20 Id.

21 Art. 1345. Simulation of a contract may be absolute or relative. The former takes place when the
parties do not intend to be bound at all; the latter, when the parties conceal their true agreement.

22 IV Tolentino, Civil Code of the Philippines, 1991, p. 516.

23 Id.

24Ramos v. Heirs ofHonorio Ramos, Sr., G.R. No. 140848, April 25, 2002, 381 SCRA 594, 602.

25cralawred Rollo, p. 18.

26 CA rollo, pp. 44-55.

27Rollo, pp. 22-24.

28 Rollo, pp. 177-180.

29 Art. 2047, Civil Code, provides:ChanRoblesVirtualawlibrary

Art. 2047. By guaranty a person, called the guarantor, binds himself to the creditor to fulfill the
obligation of the principal debtor in case the latter should fail to do so.
If a person binds himself solidarity with the principal debtor, the provisions of Section 4, Chapter 3, Title
I of this Book shall be observed. In such case the contract is called a suretyship. (1822a)

30 Art. 2055, Civil Code, declares that: "A guaranty is not presumed; it must be express and cannot
extend to more than what is stipulated therein."

31 Art. 1403, Civil Code, requires that a special promise to answer for the debt, default or miscarriage of
another, among others, must be in writing to be enforceable unless ratified; see also Aglibot v. Santia,
G.R. No. 185945, December 5, 2012, 687 SCRA 283, 294-295.

32Rollo, pp. 38, 40.

33Records, pp. 126-127.

34Rollo, p. 26.

35 Id. at 27.

According to Art. 1302, Civil Code, there is legal subrogation when: (1) a creditor pays another creditor
who is preferred, even without the debtor's knowledge; (2) a third person, not interested in the
obligation, pays with the express or tacit approval of the debtor; or (3) even without the knowledge of
the debtor, a person interested in the fulfillment of the obligation pays, without prejudice to the effects
of confusion as to the latter's share.

37Rollo, p. 65.

38 Id. at 180.

39 Id. at 18.
40 Id. at 20.

41 Art. 1308, Civil Code.

42 IV Tolentino, op. cit., at 424-425.

43Rollo, p. 67.

44 Id. at 181.

45Record, p. 104.

46 Id. at 105.

47 Id. at 95.

48 Id. at 96.

49 Supra note 44.

50 Id. at 105.

51United Merchants Corporation v. Country Bankers Insurance Corporation, G.R. No. 198588, July 11,
2012, 676 SCRA 382, 395.

52 Paragraph 5 of the Promissory Note, last sentence, reads:

53 Section 1. The rate of interest for the loan or forbearance of any money, goods or credits and the rate
allowed in judgments, in the absence of an express contract as to such rate of interest, shall be six
percent (6%) per annum.

54 G.R. No. 197861, June 5, 2013, 697 SCRA 555, 564.

55 Id., citing Villanueva v. Court of Appeals, G.R. No. 163433, August 22, 2011, 655 SCRA 707, 716- 717.

56 Records, p. 98.

57 Id. at 99.

58 Id. at 108.

59 Id. at 109.

60Rollo, pp. 37 and 39.

61 IV Tolentino, op. cit., at 259.

62 Art. 1226. In obligations with a penal clause, the penalty shall substitute the indemnity for damages
and the payment of interests in case of noncompliance, if there is no stipulation to the contrary.
Nevertheless, damages shall be paid if the obligor refuses to pay the penalty or is guilty of fraud in the
fulfillment of the obligation.

The penalty may be enforced only when it is demandable in accordance with the provisions of this code.

63 G.R. No. 116285, October 19, 2001, 367 SCRA 571, 579-580.

64 G.R. No. 186332, October 23, 2013, 708 SCRA 481, 501-503.

65 G.R. No. 189871, August 13, 2013, 703 SCRA 439, 455-457.

66 Planters Development Bank v. Lopez, supra note 64.

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August-2016 Jurisprudence

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COMMISSION AND MATEO A. BELIZAR, Respondents.

G.R. No. 201070, August 01, 2016 - LUZ S. NICOLAS, Petitioner, v. LEONORA C. MARIANO, Respondent.

G.R. No. 195072, August 01, 2016 - BONIFACIO DANAN, Petitioner, v. SPOUSES GREGORIO SERRANO
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MAMBUGAN, AND CITY ASSESSOR AND TREASURER, Respondents.

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G.R. No. 158464, August 02, 2016 - JOCELYN S. LIMKAICHONG, Petitioner, v. LAND BANK OF THE
PHILIPPINES, DEPARTMENT OF AGRARIAN REFORM, REPRESENTED BY THE SECRETARY OF AGRARIAN
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G.R. No. 192790, August 01, 2016 - PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, v. YOLANDO LIBRE
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G.R. No. 184008, August 03, 2016 - INDIAN CHAMBER OF COMMERCE PHILS., INC., Petitioner, v.
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GR. No. 196735, August 03, 2016 - PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, v. DANILO FELICIANO,
JR., JULIUS VICTOR MEDALLA, CHRISTOPHER SOLIVA, WARREN L. ZINGAPAN, AND ROBERT MICHAEL
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A.C. No. 11380, August 16, 2016 - JEN SHERRY WEE-CRUZ, Complainant, v. ATTY. CHICHINA FAYE LIM,
Respondent.

G.R. No. 210218, August 17, 2016 - NATIONAL POWER CORPORATION, Petitioner, v. HEIRS OF
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G.R. No. 212848, August 17, 2016 - ISIDRO COSME AND FERNAN COSME, Petitioners, v. PEOPLE OF THE
PHILIPPINES, Respondents.

A.M. No. P-16-3485 [Formerly A.M. No. 14-4-47-MTC], August 01, 2016 - OFFICE OF THE COURT
ADMINISTRATOR, Complainant, v. ELENA S. DIONISIO, FORMER OFFLCER-IN-CHARGE, INTERPRETER I,
MUNICIPAL TRIAL COURT, CARDONA, RIZAL, Respondent.

G.R. No. 210752, August 17, 2016 - PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, v. EDDIE REGALADO,
Accused-Appellant.

G.R. No. 191088, August 17, 2016 - FRILOU CONSTRUCTION, INC., Petitioner, v. AEGIS INTEGRATED
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G.R. No. 205004, August 17, 2016 - SPOUSES ERNESTO IBIAS, SR. AND GONIGONDA IBIAS, Petitioners, v.
BENITA PEREZ MACABEO, Respondent.
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RITA C. BATAC AND DORINA D. CARPIO, Complainants, v. ATTY. ALEXANDER C. ESTEBAL, Respondent.

G.R. No. 205623, August 10, 2016 - CONCHITA A. SONLEY, Petitioner, v. ANCHOR SAVINGS BANK/
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G.R. No. 208181, August 31, 2016 - MANILA ELECTRIC COMPANY, Petitioner, v. N.E. MAGNO
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G.R. No. 202808, August 24, 2016 - EDUARDO C. SILAGAN, Petitioner, v. SOUTHFIELD AGENCIES, INC.,
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G.R. No. 206878, August 22, 2016 - PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, v. MARCELINO CAGA
Y FABRE, Accused-Appellant.

G.R. No. 207586, August 17, 2016 - AFP RETIREMENT AND SEPARATION BENEFITS SYSTEM (AFPRSBS),
Petitioner, v. EDUARDO SANVICTORES, Respondent.

A.C. No. 8210, August 08, 2016 - SPOUSES MANOLO AND MILINIA NUEZCA, Complainants, v. ATTY.
ERNESTO V. VILLAGARCIA, Respondent.

G.R. No. 210128, August 17, 2016 - ATTY. AMADO Q. NAVARRO, Petitioner, v. OFFICE OF THE
OMBUDSMAN AND DEPARTMENT OF FINANCE-REVENUE INTEGRITY PROTECTION SERVICES (DOF-RIPS),
REPRESENTED BY JOSE APOLONIO, Respondent.

G.R. No. 182252, August 03, 2016 - JOSE NORBERTO ANG, Petitioner, v. THE ESTATE OF SY SO,
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G.R. No. 167082, August 03, 2016 - TERESITA I. BUENAVENTURA, Petitioner, v. METROPOLITAN BANK
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ELMACALIGTAN, Respondents.

G.R. No. 192297, August 03, 2016 - SUPRA MULTI-SERVICES, INC., JESUS TAMBUNTING, JR., AND RITA
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G.R. No. 219830, August 03, 2016 - PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, v. ROBERTO O.
BATUHAN AND ASHLEY PLANAS LACTURAN, Accused-Appellants.

G.R. No. 219783, August 03, 2016 - SPOUSES ERNESTO TATLONGHARI AND EUGENIA TATLONGHARI,
Petitioners, v. BANGKO KABAYAN-IBAAN RURAL BANK, INC., Respondent.

A.C. No. 8825, August 03, 2016 - BUDENCIO DUMANLAG, Complainant, v. ATTY. JAIME M. BLANCO, JR.,
Respondent.

G.R. No. 220998, August 08, 2016 - HOLCIM PHILIPPINES, INC., Petitioner, v. RENANTE J. OBRA,
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G.R. No. 209032, August 03, 2016 - PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, v. VIVENCIO AUSA,
Accused-Appellant.

G.R. No. 218809, August 03, 2016 - PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, v. ALLAN
EGAGAMAO, Accused-Appellant.

G.R. No. 212530, August 10, 2016 - BLOOMBERRY RESORTS AND HOTELS, INC., Petitioner, v. BUREAU OF
INTERNAL REVENUE, REPRESENTED BY COMMISSIONER KIM S. JACINTO-HENARES, Respondent.
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A.C. No. 11113, August 09, 2016 - CLEO B. DONGGA-AS, Complainant, v. ATTY. ROSE BEATRIX CRUZ-
ANGELES, ATTY. WYLIE M. PALER, AND ATTY. ANGELES GRANDEA, OF THE ANGELES, GRANDEA & PALER
LAW OFFICE, Respondent.

G.R. No. 213380, August 10, 2016 - PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, v. ROMAN ESPIA,
Accused-Appellant; JESSIE MORANA, REX ALFARO, RODRIGO AZUCENA, JR., AND RENANTE ABISADO,
Accused.

G.R. No. 202176, August 01, 2016 - METROPOLITAN BANK & TRUST COMPANY, Petitioner, v. CHUY LU
TAN, MR. ROMEO TANCO, DR. SY SE HIONG, AND TAN CHU HSIU YEN, Respondent.

A.M. No. P-13-3113, August 02, 2016 - ROSEMARIE GERDTMAN, REPRESENTED BY HER SISTER AND
ATTORNEY-IN-FACT, ROSALINE LOPEZ BUNQUIN, Complainant, v. RICARDO V. MONTEMAYOR, JR.,
SHERIFF IV, OFFICE OF THE PROVINCIAL SHERIFF, CALAPAN CITY, PROVINCE OF ORIENTAL MINDORO,
Respondent.

G.R. No. 207342, August 16, 2016 - GOVERNMENT OF HONGKONG SPECIAL ADMINISTRATIVE REGION,
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Respondent.

G.R.No. 203880, August 10, 2016 - VICTORIA ECHANES, Petitioner, v. SPOUSES PATRICIO HAILAR AND
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G.R. No. 200299, August 17, 2016 - SPOUSES JUAN CHUY TAN AND MARY TAN (DECEASED) SUBSTITUTED
BY THE SURVIVING HEIRS, JOEL TAN AND ERIC TAN, Petitioners, v. CHINA BANKING CORPORATION,
Respondent.
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CABATIC, RODRIGO CABATIC, AND MELBA CABATIC; AND ODELITO M. BUGAYONG, AS HEIR OF THE LATE
AURORA MAGNO, Petitioners, v. LORENZO MAGNO, NICOLAS MAGNO, PETRA MAGNO, MARCIANO
MAGNO, ISIDRO MAGNO, TEODISTA MAGNO, ESTRELLA MAGNO, BIENVENIDO M. DE GUZMAN,
CONCHITA M. DE GUZMAN, SILARY M. DE GUZMAN, MANUEL M. DE GUZMAN AND MANOLO M. DE
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G.R. No. 196289, August 15, 2016 - Petitioner, v. PEOPLE OF THE PHILIPPINES, Respondent.

G.R. No. 217024, August 15, 2016 - PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, v. RODEL BOLO Y
MALDO, Accused-Appellant.

G.R. No. 200765, August 08, 2016 - DESIDERIO RANARA, JR., Petitioner, v. ZACARIAS DE LOS ANGELES,
JR., Respondent.

G.R. No. 213157, August 10, 2016 - NATIONAL GRID CORPORATION OF THE PHILIPPINES, Petitioner, v.
OFELIAM. OLIVA, IN HER OFFICIAL CAPACITY AS THE CITY TREASURER OF CEBU CITY, Respondent.; G.R.
NO. 213558 - OFELIA M. OLLVA, IN HER OFFICIAL CAPACITY AS THE CITY TREASURER OF CEBU CITY,
Petitioner, v. NATIONAL GRID CORPORATION OF THE PHILIPPINES, Respondent.

A.C. No. 10231, August 10, 2016 - OSCAR M. BAYSAC, Complainant, v. ATTY. ELOISA M. ACERON-PAPA,
Respondent.

G.R. No. 189081, August 10, 2016 - GLORIA S. DY, Petitioner, v. PEOPLE OF THE PHILIPPINES, MANDY
COMMODITIES CO., INC., REPRESENTED BY ITS PRESIDENT, WILLIAM MANDY, Respondent.

G.R. No. 203192, August 15, 2016 - IBM PHILIPPINES, INC., Petitioner, v. PRIME SYSTEMS PLUS, INC.,
Respondent.

G.R. No. 188769, August 03, 2016 - JOSEPH OMAR O. ANDAY A, Petitioner, v. RURAL BANK OF
CABADBARAN, INC., DEMOSTHENES P. ORAIZ and RICARDO D. GONZALEZ, Respondents.
G.R. No. 220715, August 24, 2016 - PEOPLE OF THE PHILIPPINES, Appellee, v. RONNIE BOY EDA Y
CASANI, Appellant.

G.R. No. 217872, August 24, 2016 - ALLIANCE FOR THE FAMILY FOUNDATION, PHILIPPINES, INC. (ALFI)
AND ATTY. MARIA CONCEPCION S. NOCHE, IN HER OWN BEHALF AND AS PRESIDENT OF ALFI, JOSE S.
SANDEJAS, ROSIE B. LUISTRO, ELENITA S.A. SANDEJAS, EMILY R. LAWS, EILEEN Z. ARANETA, SALVACION
C. MONTIERO, MARIETTA C. GORREZ, ROLANDO M. BAUTISTA, RUBEN T. UMALI AND MILDRED C.
CASTOR, Petitioners, v. HON. JANETTE L. GARIN, SECRETARY-DESIGNATE OF THE DEPARTMENT OF
HEALTH, NICOLAS B. LUTERO III, ASSISTANT SECRETARY OF HEALTH, OFFICER-IN-CHARGE, FOOD AND
DRUG ADMINISTRATION, AND MARIA LOURDES C. SANTIAGO, OFFICER-IN-CHARGE, CENTER FOR DRUG
REGULATION AND RESEARCH, Respondents.; G.R. No. 221866 - MARIA CONCEPCION S. NOCHE, IN HER
OWN BEHALF AND AS COUNSEL OF PETITIONERS, JOSE S. SANDEJAS, ROSIE B. LUISTRO, ELENITA S.A.
SANDEJAS, EMILY R. LAWS, EILEEN Z. ARANETA, SALVACION C. MONTIERO, MARIETTA C. GORREZ,
ROLANDO M. BAUTISTA, RUBEN T. UMALI AND MILDRED C. CASTOR, Petitioners, v. HON. JANETTE L.
GARIN, SECRETARY-DESIGNATE OF THE DEPARTMENT OF HEALTH, NICOLAS B. LUTERO III, ASSISTANT
SECRETARY OF HEALTH, OFFICER-IN-CHARGE, FOOD AND DRUG ADMINISTRATION, AND MARIA
LOURDES C. SANTIAGO, OFFICER-IN-CHARGE, CENTER FOR DRUG REGULATION AND RESEARCH,
Respondent.

G.R. No. 208758, August 24, 2016 - PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, v. JOVEN GERON Y
YEMA, Accused-Appellant.

G.R. No. 214077, August 10, 2016 - REPUBLIC OF THE PHILIPPINES, Petitioner, v. DANILO A.
PANGASINAN, Respondent.

G.R. No. 212632, August 24, 2016 - PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, v. DEN ANDO Y
SADULLAH AND SARAH ANDO Y BERNAL, Accused-Appellants.

G.R. No. 219592, August 17, 2016 - PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, v. ARTHUR PARCON
Y ESPINOSA, Accused-Appellant.
G.R. No. 181268, August 15, 2016 - MILAGROS HERNANDEZ, REPRESENTED BY HER ATTORNEY-IN-FACT,
FE HERNANDEZ-ARCEO, Petitioner, v. EDWINA C. OCAMPO, PHILIPPINE SAVINGS BANK, FELICITAS R.
MENDOZA, METROPOLITAN BANK AND TRUST COMPANY, THE SHERIFF, REGIONAL TRIAL COURT,
BINAN, LAGUNA, AND THE REGISTER OF DEEDS, CALAMBA CITY, LAGUNA, Respondents.

G.R. No. 177875, August 08, 2016 - ATTY. RODOLFO D. MATEO, Complainant, v. EXECUTIVE SECRETARY
ALBERTO G. ROMULO, DEPUTY EXECUTIVE SECRETARY ARTHUR P. AUTEA, PRESIDENTIAL ANTI-GRAFT
COMMISSION, OFFICE OF THE PRESIDENT, JOSE J. BELTRAN, EVELYN F. DACUYCUY, C.G. DUMATAY,
HIGEVO C. MANGOSING, JOEY C. CASTRO, PACITA F. BARBA, RICARDO OLARTE, BELEN I. JUAREZ, LIZA T.
OLIVAR, LUISA C. BOKINGO, SANDRO JESUS T. SALES, EDGARDO T. AGBAY, EDUARDO F. PACIO, MILDRED
V. BEADOY, FRANCIS B. HILARIE, MA. NERIZZA L. BERDIN, LUIS S. RONGAVTLLA, ARLENE C. DIAZ, MARY
JANE M. LAPIDEZ, MELCHOR P. ABRIL, VILMA A. VERGARA, MA. ISABEL S. NOFUENTE, BEATRIZ N.
SORIANO, MA. ANNABELLE S. LUSUNG, JAIME M. NOFUENTE, ERLINDA RIZO, MA. CHAREVA S.
GONZALES, LILIAN P. GACUSAN, MA. ANGELICA R. RONGAVILLA, EVELYN V. AYSON, CHARITO M.
MENGUITO, ARLEEN E. BATAC, RENATO R. RIZO, EDUARDO D. ADINO, MILAGROS M. VELASCO, BELEN T.
TORMON, RENATO P. GOJO CRUZ AND EMMIE L. RUALES, Respondents.

G.R. No. 185369, August 03, 2016 - J. TOBIAS M. JAVIER AND VINCENT H. PICCIO III, Petitioners, v.
RHODORA J. CADIAO, ALFONSO V. COMBONG, JR., BENJAMIN E. JUANITAS, CALIXTO G. ZALDIVAR III,
DANTE M. BERIONG, FERNANDO C. CORVERA, HECTOR L. FRANGUE AND KENNY S. OLANDRES,
Respondents.

G.R. No. 163494, August 03, 2016 - JESUSA T. DELA CRUZ Petitioner, v. PEOPLE OF THE PHILIPPINES,
Respondent.

G.R. No. 220023, August 08, 2016 - PEOPLE OF THE PHILIPPINES, Appellee, v. DARIO TUBORO Y RAFAEL,
Appellant.

G.R. No. 206227, August 31, 2016 - PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, v. STANLEY
BUENAMER Y MANDANE, Accused-Appellant.

G.R. No. 215954, August 01, 2016 - SPOUSES JOVEN SY AND CORAZON QUE SY, Petitioners, v. CHINA
BANKING CORPORATION, Respondent.
G.R. No. 189185, August 16, 2016 - WILFREDO MOSQUEDA, MARCELO VILLAGANES, JULIETA LAWAGON,
CRISPIN ALCOMENDRAS, CORAZON SABINADA, VIRGINIA CATA-AG, FLORENCIA SABANDON, AND
LEDEVINA ADLAWAN, Petitioners, v. PILIPINO BANANA GROWERS & EXPORTERS ASSOCIATION, INC.,
DAVAO FRUITS CORPORATION, AND LAPANDAY AGRICULTURAL AND DEVELOPMENT CORPORATION,
Respondents.; G.R. No. 189305 - CITY GOVERNMENT OF DAVAO, Petitioner, v. COURT OF APPEALS,
PILIPINO BANANA GROWERS & EXPORTERS ASSOCIATION (PBGEA), DAVAO FRUITS CORPORATION, AND
LAPANDAY AGRICULTURAL AND DEVELOPMENT CORPORATION, Respondent.

G.R. No. 187850, August 17, 2016 - ANITA U. LORENZANA, Petitioner, v. RODOLFO LELINA, Respondent.

G.R. No. 215750, August 17, 2016 - PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, v. CARLITO TAYAO Y
LAYA, Accused-Appellant.

G.R. No. 191527, August 22, 2016 - BALIBAGO FAITH BAPTIST CHURCH, INC. AND PHILIPPINE BAPTIST
S.B.C., INC., Petitioners, v. FAITH IN CHRIST JESUS BAPTIST CHURCH, INC. AND REYNALDO GALVAN,
Respondent.

A.M. No. P-13-3137, August 23, 2016 - OFFICE OF THE COURT ADMINISTRATOR, Complainant, v.
UMAIMA L. SILONGAN, ABIE M. AMILIL, AND SALICK U. PANDA, JR., Respondent.

G.R. No. 170060, August 17, 2016 - DEVELOPMENT BANK OF THE PHILIPPINES, Petitioner, v. CLARGES
CORPORATION, REALTY Respondent.

A.C. No. 2404, August 17, 2016 - NILO B. DIONGZON, Petitioner, v. ATTY. WILLIAM MIRANO,
Respondent.

A.C. No. 7437, August 17, 2016 - AVIDA LAND CORPORATION (FORMERLY LAGUNA PROPERTIES
HOLDINGS, INC.), Complainant, v. ATTY. AL C. ARGOSINO, Respondent.
G.R. No. 192491, August 17, 2016 - MARY JANE G. DY CHIAO, Petitioner, v. SEBASTIAN BOLIVAR, SHERIFF
IV, REGIONAL TRIAL COURT, BRANCH 19, IN NAGA CITY, Respondent.

G.R. No. 220479, August 17, 2016 - PASDA, INCORPORATED, Petitioner, v. REYNALDO P. DIMAYACYAC,
SR., SUBSTITUTED BY THE HEIRS, REPRESENTED BY ATTY. DEMOSTHENES D. C. DIMAYACYAC,
Respondent.

G.R. No. 219569, August 17, 2016 - HSY MARKETING LTD., CO., Petitioner, v. VIRGILIO O. VILLASTIQUE,
Respondent.

G.R. No. 205573, August 17, 2016 - HELEN LORENZO CUNANAN, Petitioner, v. COURT OF APPEALS,
NINTH DIVISION, TEOFILO Q. INOCENCIO, REGIONAL DIRECTOR, DEPARTMENT OF AGRARIAN REFORM
REGIONAL OFFICE NO. III, AND YOLANDA MERCADO, Respondent.

A.C. No. 9090, August 31, 2016 - TEODORO B. CRUZ, JR., Complainant, v. ATTYS. JOHN G. REYES, ROQUE
BELLO AND CARMENCITA A. ROUS-GONZAGA, Respondents.

G.R. No. 218578, August 31, 2016 - PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, v. ENRICO BRIONES
BADILLA, Accused-Appellant.

G.R. No. 213187, August 24, 2016 - HAIDE BULALACAO-SORIANO, Petitioner, v. ERNESTO PAPINA,
REPRESENTED BY ROSEMARY PAPINA-ZABALA, Respondent.

G.R. No. 215551, August 17, 2016 - JAKERSON G. GARGALLO, Petitioner, v. DOHLE SEAFRONT CREWING
(MANILA), INC., DOHLE MANNING AGENCIES, INC., AND MR. MAYRONILO B. PADIZ, Respondent.

G.R. No. 213241, August 01, 2016 - PHILIPPINE NATIONAL BANK, Petitioner, v. JUAN F. VILA,
Respondent.
G.R. No. 220461, August 24, 2016 - THE PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, v. SPOUSES
PRIMO C. YBAÑEZ AND NILA S. YBAÑEZ, MARIS Q. REYOS, AND MICHELLE T. HUAT, Accused-Appellants.

A.C. No. 9464, August 24, 2016 - INTERADENT ZAHNTECHNIK, PHIL., INC., REPRESENTED BY LUIS MARCO
I. AVANCEÑA, Complainant, v. ATTY. REBECCA S. FRANCISCO-SIMBILLO, Respondent.

G.R. No. 200157, August 31, 2016 - PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, v. JOERY DELIOLA Y
BARRIDO, A.K.A. "JAKE DELIOLA," Accused-Appellant.

A.M. No. P-16-3418 (Formerly A.M. No. P-12-3-46-RTC), August 08, 2016 - OFFICE OF THE COURT
ADMINISTRATOR, Complainant, v. ANTONIA P. ESPEJO, STENOGRAPHER III, REGIONAL TRIAL COURT,
BRANCH 20, VIGAN CITY, ILOCOS SUR, Respondent.

G.R. No. 222658, August 17, 2016 - PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, v. MARIO GALIA
BAGAMANO, Accused-Appellant.

A.M. No. P-16-3515 (Formerly OCA I.P.I. No. 15-4401-P), August 10, 2016 - ARNOLD G. TECSON,
Complainant, v. ATTY. MARICEL LILLED ASUNCION-ROXAS, CLERK OF COURT VI, BRANCH 23, REGIONAL
TRIAL COURT, TRECE MARTIRES CITY, CAVITE, Respondent.

G.R. No. 212340, August 17, 2016 - PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, v. GERRJAN
MANAGO Y ACUT, Accused-Appellant.

G.R. No. 214186, August 03, 2016 - RODFHEL BACLAAN, TORREFIEL, MYRA SUACILLO, LORLIE ORENDAY,
SHEELA LAO, AND LEODELYN LIBOT, Petitioners, v. BEAUTY LANE PHILS., INC/MS. MA. HENEDINA D.
TOBOJKA, Respondent.

G.R. No. 195138, August 24, 2016 - NATIONAL TRANSMISSION CORPORATION, Petitioner, v. MISAMIS
ORIENTAL I ELECTRIC COOPERATIVE, INC., Respondent.
A.M. No. P-16-3490 [Formerly OCA IPI No. 14-4278-P], August 30, 2016 - JUDGE FE GALLON-GAYANILO,
Complainant, v. ERIC C. CALDITO, PROCESS SERVER, BRANCH 35, REGIONAL TRIAL COURT, ILOILO CITY,
ILOILO,, Respondent.

A.C. No. 11317, August 23, 2016 - ETHELENE W. SAN JUAN, Complainant, v. ATTY. FREDDIE A. VENIDA,
Respondent.

G.R. No. 215715, August 31, 2016 - PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, v. EDCEL COLORADA,
Accused-Appellant.

G.R. No. 220608, August 31, 2016 - MARCELINO T. TAMIN, Petitioner, v. MAGSAYSAY MARITIME
CORPORATION AND/OR MASTERBULK PTE. LTD., Respondents.

G.R. No. 185473, August 17, 2016 - BERNADETTE IDA ANG HIGA, Petitioner, v. PEOPLE OF THE
PHILIPPINES, Respondent.

G.R. No. 200577, August 17, 2016 - CIVIL SERVICE COMMISSION, Petitioner, v. CAROLINA P. JUEN,
Respondent.

G.R. No. 185638, August 10, 2016 - HONORABLE ALVIN P. VERGARA, IN HIS CAPACITY AS CITY MAYOR OF
CABANATUAN CITY, AND SANGGUNIANG PANLUNGSOD OF CABANATUAN CITY, Petitioners, v. LOURDES
MELENCIO S. GRECIA, REPRESENTED BY RENATO GRECIA, AND SANDRA MELENCIO IN REPRESENTATION
OF MA. PAZ SALGADO VDA. DE MELENCIO, CONCHITA MELENCIO, CRISTINA MELENCIO AND LEONARDO
MELENCIO, Respondents.

G.R. No. 190143, August 10, 2016 - SPOUSES LOLITA ORENCIA AND PEDRO D. ORENCIA, Petitioners, v.
FELISA CRUZ VDA. DE RANIN, REPRESENTED BY HER ATTORNEY-IN-FACT, MRS. ESTELA C. TANCHOCO,
Respondent.

A.C. No. 11350 [Formerly CBD Case No. 14-4211], August 09, 2016 - ADEGOKE R. PLUMPTRE,
Complainant, v. ATTY. SOCRATES R. RIVERA, Respondent.
A.C. No. 9920 [Formerly A.M. No. MTJ-07-1691], August 30, 2016 - OFFICE OF THE COURT
ADMINISTRATOR, Complainant, v. FORMER JUDGE ROSABELLA M. TORMIS, Respondent.

G.R. No. 198756, August 16, 2016 - BANCO DE ORO, BANK OF COMMERCE, CHINA BANKING
CORPORATION, METROPOLITAN BANK & TRUST COMPANY, PHILIPPINE BANK OF COMMUNICATIONS,
PHILIPPINE NATIONAL BANK, PHILIPPINE VETERANS BANK, AND PLANTERS DEVELOPMENT BANK,
Petitioners; RIZAL COMMERCIAL BANKING CORPORATION AND RCBC CAPITAL CORPORATION,
Petitioners-Intervenors; CAUCUS OF DEVELOPMENT NGO NETWORKS, Petitioner-Intervenor, v.
REPUBLIC OF THE PHILIPPINES, COMMISSIONER OF INTERNAL REVENUE, BUREAU OF INTERNAL
REVENUE, SECRETARY OF FINANCE, DEPARTMENT OF FINANCE, THE NATIONAL TREASURER, AND
BUREAU OF TREASURY, Respondents.

A.C. No. 7178, August 23, 2016 - VICENTE M. GIMENA, Complainant, v. ATTY. SALVADOR T. SABIO,
Respondent.

G.R. No. 199239, August 24, 2016 - PERCY MALONESIO, IN HIS CAPACITY AS GENERAL MANAGER OF AIR
TRANSPORTATION OFFICE (ATO), Petitioner, v. ARTURO M. JIZMUNDO, Respondent.

G.R. No. 216146, August 24, 2016 - ALFREDO L. CHUA, TOMAS L. CHUA AND MERCEDES P. DIAZ,
Petitioners, v. PEOPLE OF THE PHILIPPINES, Respondent.

G.R. Nos. 187822-23, August 03, 2016 - EVER ELECTRICAL MANUFACTURING, INC., VICENTE C. GO AND
GEORGE C. GO, Petitioners, v. PHILIPPINE BANK OF COMMUNICATIONS (PBCOM), REPRESENTED BY ITS
VICE-PRESIDENT, MR. DOMINGO S. AURE, Respondent.

G.R. No. 220399, August 22, 2016 - ENRIQUE Y. SAGUN, Petitioner, v. ANZ GLOBAL SERVICES AND
OPERATIONS (MANILA), INC., GAY CRUZADA, AND PAULA ALCARAZ, Respondent.

G.R. No. 174379, August 31, 2016 - E.I. DUPONT DE NEMOURS AND CO. (ASSIGNEE OF INVENTORS
CARINI, DUNCIA AND WONG), Petitioner, v. DIRECTOR EMMA C. FRANCISCO (IN HER CAPACITY AS
DIRECTOR GENERAL OF THE INTELLECTUAL PROPERTY OFFICE), DIRECTOR EPIFANIO M. EVASCO (IN HIS
CAPACITY AS THE DHUECTOR OF THE BUREAU OF PATENTS), AND THERAPHARMA, INC., Respondents.

A.M. No. P-16-3541 [Formerly OCA IPI No. 12-3915-P], August 30, 2016 - SYLVIA G. CORPUZ,
Complainant, v. CEFERINA B. RIVERA, COURT STENOGRAPHER III, REGIONAL TRIAL COURT OF DAVAO
CITY, DAVAO DEL SUR, BRANCH 12, Respondent.; A.M. No. P-16-3542 [FORMERLY OCA IPI No. 13-4049-
P] - PRESIDING JUDGE RUFINO S. FERRARIS, JR., MUNICIPAL TRIAL COURT IN CITIES OF DAVAO CITY,
BRANCH 7, Complainant, v. CEFERINA B. RIVERA, COURT STENOGRAPHER III, REGIONAL TRIAL COURT OF
DAVAO CITY, DAVAO DEL SUR, BRANCH 12, Respondent.; A.M. No. P-16-3543 [FORMERLY OCA IPI No.
13-4074-P] - IRINEO F. MARTINEZ, JR., Complainant, v. CEFERINA B. RIVERA, COURT STENOGRAPHER III,
REGIONAL TRIAL COURT OF DAVAO CITY, DAVAO DEL SUR, BRANCH 12, RESPONDENT.; OCA IPI No. 14-
2731-MTJ - CEFERINA B. RIVERA, COURT STENOGRAPHER III, REGIONAL TRIAL COURT OF DAVAO CITY,
DAVAO DEL SUR, BRANCH 12, Complainant, v. PRESIDING JUDGE RUFINO S. FERRARIS, JR., MUNICIPAL
TRIAL COURT IN CITIES OF DAVAO CITY, BRANCH 7, Respondent.

A.C. No. 8698, August 31, 2016 - MANUEL B. BERNALDEZ, Complainant, v. ATTY. WILMA DONNA C.
ANQUILO-GARCIA, Respondent.

G.R. No. 198160, August 31, 2016 - VICTORIA P. CABRAL, Petitioner, v. GREGORIA ADOLFO, GREGORIO
LAZARO AND HEIRS OF ELIAS POLICARPIO, Respondents.

G.R. No. 209385, August 31, 2016 - REPUBLIC OF THE PHILIPPINES, Petitioner, v. SALUD ABALOS AND
JUSTINA CLARISSA P. MAMARIL, Respondents.

G.R. No. 189289, August 31, 2016 - GLORIA ZOLETA-SAN AGUSTIN, Petitioner, v. ERNESTO SALES,
Respondent.

G.R. No. 199431, August 31, 2016 - STA. FE REALTY, INC. AND VICTORIA SANDEJAS FABREGAS,
Petitioners, v. JESUS M. SISON, Respondent.

G.R. No. 221848, August 30, 2016 - FIELD INVESTIGATION OFFICE OF THE OFFICE OF THE OMBUDSMAN,
Petitioner, v. REY RUECA CASTILLO, Respondent.
G.R. No. 218086, August 10, 2016 - PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, v. CHARLIE
BALISONG, Accused-Appellant.

G.R. No. 197356, August 24, 2016 - EMILIO A. AQUINO, Petitioner, v. CARMELITA TANGKENGKO, MORRIS
TANGKENGKO AND RANILLO TANGKENGKO, Respondents.

G.R. No. 183173, August 24, 2016 - THE CHAIRMAN AND EXECUTIVE DIRECTOR, PALAWAN COUNCIL FOR
SUSTAINABLE DEVELOPMENT, AND THE PALAWAN COUNCIL FOR SUSTAINABLE DEVELOPMENT,
Petitioners, v. EJERCITO LIM, DOING BUSINESS AS BONANZA AIR SERVICES, AS REPRESENTED BY HIS
ATTORNEY-IN-FACT, CAPT. ERNESTO LIM, Respondent.

G.R. No. 199497, August 24, 2016 - PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, v. DELIA
CAMANNONG, Accused-Appellant.

G.R. No. 211724, August 24, 2016 - IN THE MATTER OF THE PETITION FOR CORRECTION OF ENTRY
(CHANGE OF FAMILY NAME IN THE BIRTH CERTIFICATE OF FELIPE C. ALMOJUELA AS APPEARING IN THE
RECORDS OF THE NATIONAL STATISTICS OFFICE), FELIPE C. ALMOJUELA, Petitioner, v. REPUBLIC OF THE
PHILIPPINES, Respondents.

G.R. No. 219071, August 24, 2016 - SPOUSES CHARITO M. REYES AND ROBERTO REYES, AND SPOUSES
VILMA M. MARAVILLO AND DOMINGO MARAVILLO, JR., Petitioners, v. HEIRS OF BENJAMIN MALANCE,*
NAMELY: ROSALINA M. MALANCE, BERNABE M. MALANCE, BIENVENIDO M. MALANCE, AND
DOMINGA** M. MALANCE, REPRESENTED BY BIENVENIDO M. MALANCE, Respondents.

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