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Philippine Supreme Court Jurisprudence > Year 2018 > January 2018 Decisions > G.R. No. 212472, January 11,
2018 - SPECIFIED CONTRACTORS & DEVELOPMENT, INC., AND SPOUSES ARCHITECT ENRIQUE O. OLONAN AND
CECILIA R. OLONAN, Petitioners, v. JOSE A. POBOCAN, Respondent.:
G.R. No. 212472, January 11, 2018 - SPECIFIED CONTRACTORS & DEVELOPMENT, INC., AND SPOUSES
ARCHITECT ENRIQUE O. OLONAN AND CECILIA R. OLONAN, Petitioners, v. JOSE A. POBOCAN,
Respondent.
ChanRobles On-Line Bar Review
FIRST DIVISION
D E C I S I O N
TIJAM, J .:
This Petition for Review on Certiorari1 under Rule 45 urges this Court to reverse and set aside the
November 27, 2013 Decision2 and April 28, 2014 Resolution3 of the Court of Appeals (CA) in CA-G.R. CV
No. 99994, and to affirm instead the June 4, 2012 Order4 of the Regional Trial Court (RTC) of Quezon
City, Branch 92, in Civil Case No. Q-11-70338. The court a quo had granted the Motion to Dismiss5 of
Specified Contractors & Development Inc. (Specified Contractors), and Spouses Architect Enrique O.
Olonan and Cecilia R. Olonan (collectively referred to as petitioners), thereby dismissing the action for
specific performance filed by respondent Jose A. Pobocan. The dismissal of the case was subsequently set
aside by the CA in the assailed decision and resolution.
It is undisputed that respondent was in the employ of Specified Contractors until his retirement sometime
DebtKollect Company, Inc. in March 2011. His last position was president of Specified Contractors and its subsidiary, Starland
Properties Inc., as well as executive assistant of its other subsidiaries and affiliates.
Architect Olonan allegedly6 agreed to give respondent one (1) unit for every building Specified
Contractors were able to construct as part of respondent's compensation package to entice him to stay
with the company Two (2) of these projects that Specified Contractors and respondent were able to build
were the Xavierville Square Condominium in Quezon City and the Sunrise Holiday Mansion Bldg. I in
Alfonso, Cavite. Pursuant to the alleged oral agreement, Specified Contractors supposedly ceded, assigned
and transferred Unit 708 of Xavierville Square Condominium and Unit 208 of Sunrise Holiday Mansion
Bldg. I (subject units) in favor of respondent.
In a March 14, 2011 letter7 addressed to petitioner Architect Enrique Olonan as chairman of Specified
Contractors, respondent requested the execution of Deeds of Assignment or Deeds of Sale over the
subject units in his favor, along with various other benefits, in view of his impending retirement on March
19, 2011.
When respondent's demand was unheeded, he filed a Complaint8 on November 21, 2011 before the RTC
of Quezon City praying that petitioners be ordered to execute and deliver the appropriate deeds of
conveyance and to pay moral and exemplary damages, as well as attorney's fees.
ChanRobles Intellectual Property On January 17, 2012, petitioners, instead of filing an answer, interposed a Motion to Dismiss9 denying the
existence of the alleged oral agreement. They argued that, even assuming arguendo that there was such
Division an oral agreement, the alleged contract is unenforceable for being in violation of the statute of frauds, nor
was there any written document, note or memorandum showing that the subject units have in fact been
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ceded, assigned or transferred to respondent. Moreover, assuming again that said agreement existed, the
cause of action had long prescribed because the alleged agreements were supposedly entered into in 1994
and 1999 as indicated in respondent's March 14, 2011 demand letter, supra, annexed to the complaint.
The RTC, in granting10 the motion, dismissed the respondent's complaint in its June 4, 2012 Order. While
the RTC disagreed with petitioners that the action had already prescribed under Articles 114411 and
114512 of the New Civil Code, by reasoning that the complaint is in the nature of a real action which
prescribes after 30 years conformably with Article 114113, it nonetheless agreed that the alleged
agreement should have been put into writing, and that such written note, memorandum or agreement
should have been attached as actionable documents to respondent's complaint.
On appeal, the CA reversed14 the RTC's June 4, 2012 Order, reasoning that the dismissal of respondent's
complaint, anchored on the violation of the statute of frauds, is unwarranted since the rule applies only to
executory and not to completed or partially consummated contracts. According to the CA, there was
allegedly partial performance of the alleged obligation based on: (1) the respondent's possession of the
subject units; (2) the respondent's payment of condominium dues and realty tax for Unit 708 Xavierville
Square Condominium; (3) the endorsement by petitioners of furniture/equipment for Unit 208 Sunrise
Holiday Mansion I; and (4) that shares on the rental from Unit 208 Sunrise Holiday Mansion I were.
allegedly received by the respondent and deducted from his monthly balance on the furniture/equipment
account.
Petitioners countered that while there is no dispute that respondent had been occupying Unit 708 -
previously Unit 803 - of Xavierville Square Condominium, this was merely out of tolerance in view of
respondent's then position as president of the company and without surrender of ownership. Petitioners
also insisted that Unit 208 of Sunrise Holiday Mansion I continues to be under their possession and
control. Thus, finding that the motion to dismiss was predicated on disputable grounds, the CA declared in
its assailed decision that a trial on the merits is necessary to determine once and for all the nature of the
respondent's possession of the subject units.
Aggrieved, petitioners sought reconsideration of the CA decision, but were unsuccessful. Hence, the
present petition raising three issues:
1. Whether or not the RTC had jurisdiction over the respondent's complaint considering that the
allegations therein invoked a right over the subject condominium units as part of his compensation
package, thus a claim arising out of an employer-employee relationship cognizable by the labor
arbiter;15
2. Whether or not the respondent's cause of action had already prescribed;16 and
January-2018 Jurisprudence 3. Whether or not the action was barred by the statute of frauds.17
G.R. No. 190817, January 10, 2018 - REPUBLIC OF Resolution of the foregoing issues calls for an examination of the allegations in the complaint and the
THE PHILIPPINES, Petitioner, v. ROVENCY REALTY nature of the action instituted by respondent. As will be discussed later, there is merit in petitioners'
AND DEVELOPMENT CORPORATION, Respondent. insistence that respondent's right of action was already barred by the statute of limitations.
G.R. Nos. 230429-30, January 24, 2018 - LARA'S What determines the nature of the action and which court has jurisdiction over it are the allegations in the
GIFT AND DECORS, INC., Petitioner, v. PNB GENERAL
complaint and the character of the relief sought.18 In his complaint, respondent claimed that petitioners
INSURERS CO., INC. AND UCPB GENERAL INSURANCE
promised to convey to him the subject units to entice him to stay with their company. From this,
CO., INC., Respondents.
respondent prayed that petitioners be compelled to perform their part of the alleged oral agreement. The
G.R. No. 195614, January 10, 2018 - DIGITAL objective of the suit is to compel petitioners to perform an act specifically, to execute written instruments
TELECOMMUNICATIONS PHILS., INC./JOHN pursuant to a previous oral contract. Notably, the respondent does not claim ownership of, nor title to, the
GOKONGWEI, JR., Petitioner, v. NEILSON M. subject properties.
AYAPANA, Respondent.
Not all actions involving real property are real actions. In Spouses Saraza, et al. v. Francisco19, it was
A.M. No. P-09-2633, January 30, 2018 - OFFICE OF clarified that:
THE COURT ADMINISTRATOR, Complainant, v.
ROLANDO C. TOMAS AND ANGELINA C. RILLORTA, x x x Although the end result of the respondent's claim was the transfer of the subject
FORMER OFFICERS-IN-CHARGE, REGIONAL TRIAL property to his name, the suit was still essentially for specific performance, a personal
COURT, SANTIAGO CITY, ISABELA, Respondent.; A.M. action, because it sought Fernando's execution of a deed of absolute sale based on a
No. RTJ-12-2338, January 30, 2018 - ANGELINA C. contract which he had previously made.
RILLORTA, Complainant, v. JUDGE FE A. MADRID,
REGIONAL TRIAL COURT, BRANCH 21, SANTIAGO Similarly, that the end result would be the transfer of the subject units to respondent's name in the event
CITY, ISABELA, Respondent. that his suit is decided in his favor is "an anticipated consequence and beyond the cause for which the
G.R. No. 218427, January 31, 2018 - PEOPLE OF action [for specific performance with damages] was instituted."20 Had respondent's action proceeded to
THE PHILIPPINES, Plaintiff-Appellee, v. EMILIANO DE trial, the crux of the controversy would have been the existence or non-existence of the alleged oral
CHAVEZ, Accused-Appellant. contract from which would flow respondent's alleged right to compel petitioners to execute deeds of
conveyance. The transfer of property sought by respondent is but incidental to or an offshoot of the
G.R. No. 225176, January 19, 2018 - ESMERALDO determination of whether or not there is indeed, to begin with, an agreement to convey the properties in
GATCHALIAN, DULY REPRESENTED BY SAMUEL exchange for services rendered.
GATCHALIAN, Petitioner, v. CESAR FLORES, JOSE
LUIS ARANETA, CORAZON QUING, AND CYNTHIA Cabutihan v. Landcenter Construction & Development Corporation21 explains thus:
FLORES, Respondents.
A close scrutiny of National Steel and Ruiz reveals that the prayers for the execution of a
G.R. No. 218245, January 17, 2018 - PEOPLE OF Deed of Sale were not in any way connected to a contract, like the Undertaking in this case.
THE PHILIPPINES, Plaintiff-Appellee, v. JESUS
Hence, even if there were prayers for the execution of a deed of sale, the actions filed in
EMPUESTO Y SOCATRE, Accused-Appellant.
the said cases were not for specific performance.
G.R. No. 223142, January 17, 2018 - PEOPLE OF
In the present case, petitioner seeks payment of her services in accordance with the
THE PHILIPPINES, Plaintiff-Appellee, v. ROLANDO
SANTOS Y ZARAGOZA, Accused-Appellant. undertaking the parties signed.
G.R. No. 201501, January 22, 2018 - REPUBLIC OF 7Rollo, pp. 74-75.
THE PHILIPPINES, REPRESENTED BY THE POLLUTION
ADJUDICATION BOARD, Petitioner, v. N. DELA 8 Id. at 67-69.
MERCED & SONS, INC., Respondent.; G.R. No.
201658, January 22, 2018 - N. DELA MERCED & SONS, 9 Id. at 77-83.
INC., Petitioner, v. REPUBLIC OF THE PHILIPPINES,
REPRESENTED BY THE POLLUTION ADJUDICATION
10 Id. at 173-174.
BOARD, Respondent.
A.C. No. 10783, January 31, 2018 - ATTY. BENIGNO 11ART. 1144. The following actions must be brought within ten years from the time the
BARTOLOME, Complainant, v. ATTY. CHRISTOPHER A. right of action accrues:
BASILIO, Respondent.
(1) Upon a written contract;
G.R. No. 205307, January 11, 2018 - PEOPLE OF (2) Upon an obligation created by law;
THE PHILIPPINES, Plaintiff-Appellee, v. EDUARDO (3) Upon a judgment.
GOLIDAN Y COTO-ONG, FRANCIS NACIONALES Y
FERNANDEZ, AND TEDDY OGSILA Y TAHIL, ACCUSED, 12ART. 1145. The following actions must be commenced within six years:
EDUARDO GOLIDAN Y COTO-ONG AND FRANCIS
NACIONALES Y FERNANDEZ, Accused-Appellants.
(1) Upon an oral contract;
(2) Upon a quasi-contract
G.R. No. 189609, January 29, 2018 - VICTORIA N.
RACELIS, IN HER CAPACITY AS ADMINISTRATOR, 13ART. 1141. Real actions over immovables prescribe after thirty years.
Petitioner, v. SPOUSES GERMIL JAVIER AND REBECCA
JAVIER, Respondents.
This provision is without prejudice to what is established for the acquisition of
G.R. No. 224498, January 11, 2018 - PEOPLE OF ownership and other real rights by prescription.
THE PHILIPPINES, Plaintiff-Appellee, v. PFC ENRIQUE
14Rollo, at p. 58.
REYES, Accused-Appellant.
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PAWNSHOP, INC., Petitioners, v. SOCIAL SECURITY 17 Id. at 33.
COMMISSION, SOCIAL SECURITY SYSTEM, AMADOR
M. MONTEIRO, SANTIAGO DIONISIO R. AGDEPPA, 18Nilo Padre v. Fructosa Badillo, Fedila Badillo, Presentacion Caballes, et al., 655 Phil. 52,
MA. LUZ N. BARROS-MAGSINO, MILAGROS N. CASUGA
64 (2011).
AND JOCELYN Q. GARCIA, Respondents.
19 722 Phil. 346, 357 (2013).
G.R. Nos. 206079-80, January 17, 2018 -
PHILIPPINE AIRLINES, INC. (PAL), Petitioner, v.
20 Id.
COMMISSIONER OF INTERNAL REVENUE,
Respondent.; G.R. No. 206309, January 17, 2018 -
COMMISSIONER OF INTERNAL REVENUE, Petitioner, 21 432 Phil. 927, 938 (2002).
v. PHILIPPINE AIRLINES, INC. (PAL), Respondent.
22Russell v. Vestil, 364 Phil. 392, 401 (1999).
G.R. No. 192396, January 17, 2018 - STEPHEN A.
ANTIG, AS REPRESENTATIVE OF AMS BANANA 23 728 Phil. 630, 638 (2014).
EXPORTER, INC. [FORMERLY AMS FARMING
CORPORATION], BERNARDITA S. LEMOSNERO, 24National Steel Corporation v. Court of Appeals, 362 Phil. 150, 160 (1999).
JEMARIE J. TESTADO, THOMAS BERNARD C. ALLADIN,
AND GERARDO ARANGOSO, Petitioners, v. 25Rollo, pp. 88-94.
ANASTACIO ANTIPUESTO, IN HIS OWN CAPACITY
AND AS REPRESENTATIVE OF AMS KAPALONG
26 Id. at 116-121.
AGRARIAN REFORM BENEFICIARIES MULTI-PURPOSE
COOPERATIVE (AMSKARBEMCO) AND ITS MEMBERS,
Respondents. 27 Id. at 196-206.
G.R. No. 225735, January 10, 2018 - PEOPLE OF 28 508 Phil. 541 (2005).
THE PHILIPPINES, Plaintiff-Appellee, v. BELEN
MEJARES Y VALENCIA, Accused-Appellant. 29Marcos-Araneta, et al., v. Court of Appeals, et al., 585 Phil. 58 (2008).
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G.R. No. 207354, January 10, 2018 - CHARLIE
HUBILLA, JOEL NAYRE, NENITA A. TAN, PEDRO
MAGALLANES, JR., ARNEL YUSON, JANICE CABATBAT,
JUDY PAPINA, VANESSA ESPIRITU, NOEMI YALUNG,
GENALYN RESCOBILLO, FIDEL ZAQUITA, NYL B.
CALINGASAN, JANICE MIRADORA, EVANGELINE
CHUA, ROSCHELLE MISSION, MELANIE BALLESTEROS,
MARILYN BACALSO, RENALYN ALCANTARA,
FEDERICO B. VIERNES, CHRISTOPHER B. YARES, ANA
MARY R. AGUILAR, MELANIE SAN MARCOS,
EMERLOVE MONTE, CHONALYN LUCAS, THERESA
MALICOSIO, MA. FE CERCARES, RUBELYN R. CLARO,
JONALYN M. YALUNG, MARY ANN V. MACANAG,
RESLYN L. FLORES, CRISTEL C. ROQUE, TERESA G.
MUNAR, SUSAN A. DELA CRUZ, SHEENA KAY P. DE
VERA, ARLENE R. ANES, GINA B. BINIBINI, CHERINE
V. ZORILLA, MA. CRISTINE MAGTOTO, FRANCIS
MARIE O. DE CASTRO, VANESSA R. ESPIRITU,
RACHELLE V. QUISTORIA, JULIE ANN ILAN, ANGELIE
F. PANOTES, ANABEL PAYOS, MELISSA M. PERLAS,
MELANIE B. BERSES, BARVI ROSE PERALTA, RESIE
AQUE, ROWENA RIVERA, MELANIE M. DY, CHERYLYN
CORO, RANELYN SUBONG, ANGELA SUBILLAGA,
THELMA BARTOLABAC, MICHELLE C. ILAGAN,
PRECIOUS MAE DE GUZMAN, MARY CAROLINE
COLINA, FRELYN HIPOLITO, MYLINE A. CALLOS,
JANETH B. SEMBILLO, LEA LYN F. FERRANCO, MAY C.
SANTOS, ROSELLE A. NOBLE, JENNIFER D. SUYOM,
WARREN PETCHIE C. CAJES, ROWELYN F. CATALAN,
RIEZEL ANN A. ALEGRE, DEMETRIA B. PEREZ,
GENALYN OSOC, JUVILYN N. NERI, JOY B. PIMENTEL,
AIRENE LAYON, MARY JOY TURQUEZA, MARY ANN
VALENTIN, ROSIE L. NIEBRES, MELCA MALLORCA,
JOY CAGATCAGAT, DIANA CAMARO, MARIVEL
DIJUMO, SHEILA DELA CRUZ, ELIZABETH ARINGO,
JENALYN G. DISMAYA, MELANIE G. TRIA, GRETCHEN
D. MEJOS, AND JANELIE R. JIMENEZ, Petitioners, v.
HSY MARKETING LTD., CO., WANTOFREE ORIENTAL
TRADING, INC., COEN FASHION HOUSE AND
GENERAL MERCHANDISE, ASIA CONSUMER VALUE
TRADING, INC., FABULOUS JEANS & SHIRT &
GENERAL MERCHANDISE, LSG MANUFACTURING
CORPORATION, UNITE GENERAL MERCHANDISE,
ROSARIO Q. CO, LUCIA PUN LING YEUNG, AND
ALEXANDER ARQUEZA, Respondents.
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DASMARIÑAS, CAVITE, Respondents.; A.M. No. RTJ-
11-2302 [FORMERLY A.M. No. 11-7-125-RTC] -
OFFICE OF THE COURT ADMINISTRATOR,
Complainant, v. PRESIDING JUDGE FERNANDO L.
FELICEN, CLERK OF COURT V ATTY. ALLAN SLY M.
MARASIGAN, SHERIFF IV ANSELMO P. PAGUNSAN,
JR., COURT STENOGRAPHERS ROSALIE MARANAN
AND TERESITA P. REYES, COURT INTERPRETER
IMELDA M. JUNTILLA, AND PROCESS SERVER
HIPOLITO O. FERRER, ALL OF THE RTC, BRANCH 20,
IMUS, CAVITE; PRESIDING JUDGE NORBERTO J.
QUISUMBING, JR., CLERK OF COURT ATTY. MARIA
CRISTITA A. RIVAS SANTOS, LEGAL RESEARCHER
MANUELA O. OSORIO, SHERIFF IV FILMAR M. DE
VILLA, COURT STENOGRAPHERS MARILOU CAJIGAL,
WENDILYN T. ALMEDA AND HELEN B. CARALUT,
COURT INTERPRETER ELENITA T. DE VILLA, AND
PROCESS SERVER ELMER S. AZCUETA, ALL OF THE
RTC, BRANCH 21, IMUS, CAVITE; PRESIDING JUDGE
CESAR A. MANGROBANG, CLERK OF COURT VI ATTY.
REGALADO E. EUSEBIO, CLERK OF COURT V ATTY.
SETER M. DELA CRUZ-CORDEZ, LEGAL RESEARCHER
DEVINA A. REYES BERMUDEZ, COURT
STENOGRAPHERS PRISCILLA P. HERNANDEZ,
NORMITA Z. FABIA, MERLY O. PARCERO, AND JOYCE
ANN F. SINGIAN, COURT INTERPRETER MICHELLE A.
ALARCON, AND PROCESS SERVER ELMER S. AZCUETA,
ALL OF THE RTC, BRANCH 22, IMUS, CAVITE;
EXECUTIVE JUDGE PERLA V. CABRERA FALLER, CLERK
OF COURT ZENAIDA C. NOGUERA, SHERIFF IV TOMAS
C. AZURIN, OIC LEGAL RESEARCHER OPHELIA G.
SULUEN, COURT STENOGRAPHERS JESUSA B. SAN
JOSE, ROSALINA A. COSTUNA, AND MARIA LOURDES
M. SAPINOSO, COURT INTERPRETER MERLINA S.
FERMA, AND PROCESS SERVER RIZALINO RINALDI B.
PONTEJOS, ALL OF THE RTC, BRANCH 90,
DASMARIÑAS, CAVITE, Respondents.; A.M. No. 12-9-
188-RTC - RE: ANONYMOUS LETTER COMPLAINT
AGAINST JUDGE PERLA V. CABRERA-FALLER, BRANCH
90, REGIONAL TRIAL COURT, DASMARIÑAS CITY,
CAVITE, RELATIVE TO CIVIL CASE NO. 1998-08
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G.R. No. 204039, January 10, 2018 - UNITED
COCONUT PLANTERS BANK, Petitioner, v. SPOUSES
WALTER UY AND LILY UY, Respondents.
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8/8/2019 G.R. No. 212472, January 11, 2018 - SPECIFIED CONTRACTORS & DEVELOPMENT, INC., AND SPOUSES ARCHITECT ENRIQUE O. OLONA…
LEYLANIE O. GULANE, JOSE PEDRO, REY RELLOROSA,
CHERRY MAY BRAGA, ROGELIO ALSONADO, JOHN DE
VERA, ALBERTO DAGANIO, RHENE PURA, EFREN
ESCOBIDO, ALEXANDER D. BUENAOBRA, SUSIE
VERIDIANO, ROBERTO E. GERMAN, JR., HERMAN B.
ESPANUEVA, JR., MARIONITO D. JUMAO-AS,
ANTHONY ANTONIO, JESSIE GLENN DELA CRUZ,
SOFRONIO SIMPORIOS, JR., RICHARD FLAUTA,
ENRIQUE BUNA, JOJIT ORILLOSA, JONATHAN PENA,
JENNIFER B. CASTILLO, EDGARDO BARBACENA, JOSE
WARLITO INTING, MICHAEL FLORES, LEONCIO M.
ISON, ALEXANDER C. ARELLANO, CARMELITO F.
FUNTANBA, ALMARO M. ROSEL, NORBERTO PONCE B.
PULIDO, JR., ARIAMHER OGANA, DOMINADOR B.
SALAZAR, ANGELITO C. TABUCOL, RENATO C.
ILLUSTRISIMO, ROGELIO M. DE LEON, FELIPE P.
GUILLANO, AND SHIRLY M. TOLENTINO,
Respondents.
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