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  Philippine Supreme Court Resolutions > Year 2011 > June 2011 Resolutions > [G.R. No. 195482 : June 21, 2011] ELIZA M.
HERNANDEZ, ET AL. V. PLACER DOME, INC.:
 

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[G.R. No. 195482 : June 21, 2011]

ChanRobles On-Line Bar Review ELIZA M. HERNANDEZ, ET AL. V. PLACER DOME, INC.

Sirs/Mesdames:

Please take notice that the Court en banc issued a Resolution dated JUNE 21, 2011,
which reads as follows: 

"G.R. No. 195482 (ELIZA M. HERNANDEZ, ET AL. v. PLACER DOME, INC.) 

RESOLUTION 

In the Resolution dated 8 March 2011, the Court granted petitioners' prayer for the
issuance of a Writ of Kalikasan and for the service of said writ as well as the summons
issued in the case, by their counsel and representative, Civic Action Group Ltd./APS
International, Ltd. In the same resolution, the Court likewise ordered respondents Placer
Dome, Inc. (PDI) and Barrick Gold Corporation (BGC) to make a verified return of the
same writ and referred the case to the Court of Appeals (CA) for hearing, reception of
evidence and rendition of judgment. On 29 March 2011, the Court additionally issued a
resolution granting petitioners' motion for the inclusion of AI Legal Service & Training
Ltd. and Select Document Services  among those authorized to serve summons on
respondents, on the ground that Civic Action Group Ltd./APS International, Ltd. had
DebtKollect Company, Inc. limited their services to the United States of America.

Subsequent to its filing of a 29 March 2011 Urgent Motion to Suspend Filing of Return,
BGC filed a 31 March 2011 Urgent Motion for Ruling on Jurisdiction, questioning the
constitutionality of Rule 7 of the Rules of Procedure for Environmental Cases (AMC No.
09-6-8-SC) as well as the validity of the issuance and service of summons in the case.
On 4 April 2011, BGC also filed a Return Ad Cautelam, accompanied by a Manifestation 
dated 4 April 2011, undertaking to submit within a reasonable time the authenticated
copies of the sworn statements attached to said Return in view of time constraints. On
12 April 2011, the Court issued a Resolution noting the foregoing motions and incidents
and requiring petitioners to file their comment to BGC's Urgent Motion for Ruling on
Jurisdiction.  

On 12 April 2011, petitioners also filed an Urgent Motion of even date, seeking leave to
serve summons upon respondents through any of in the means provided under Section
ChanRobles Intellectual Property Division 12, Rule 14 of the Rules of Court. As amended by A.M. No. 11-3-6-SC which was issued
on 15 March 2011, said provision allows service of summons through any of the
 
following means to a foreign private juridical entity not registered in the Philippines or
without a resident agent, viz.: (a) by personal service coursed through the appropriate
court in the foreign country with the assistance of the Department of Foreign Affairs; (b)
by publication once in a newspaper of general circulation in the country where the
defendant may be found and by serving a copy of the summons and the court order by
registered mail at the last known address of the defendant; (c) by facsimile or any
recognized electronic means that could generate proof of service; and, (d) by such
other means as the court may in its discretion direct.

On 18 April 2011, petitioners filed a Manifestation and Compliance dated 15 April 2011,
submitting the affidavit executed by Brian Nolan of the Civic Action Group Ltd./APS
 International, Ltd. attesting to the 25 March 2011 service of summons on BGC. Without
prejudice to the Urgent Motion for Ruling on Jurisdiction it earlier filed, BGC in turn filed
a Submission dated 19 April 2011, proffering the original authenticated copies of the
affidavits executed by Debra Bilous and James Donald Robertson and reiterating its
commitment to submit within a reasonable time the authenticated copies of the other
affidavits attached to its Return Ad Cautelam. On 6 May 2011, Sycip Salazar Hernandez
and Gatmaitan, BGC's counsel of record, filed a Manifestation dated 5 May 2011 stating,
among other matters, that they have been served with copies of petitioners' Notice of
Deposition, Interrogatories and Motion for Production of Inspection of Documents
(Discovery Papers) intended for their client, in connection with the proceedings pending
before the CA as CA-G.R. SP No. 00001; that being for the limited purpose of raising
constitutional and jurisdictional issues, their special appearance is not of such nature
as would authorize them to receive said Discovery Papers for and in behalf of BCG.

On 12 May 2011, petitioners filed their Manifestation with Reiterated Motion dated 11
May 2011, alleging that they have received a copy of the 3 May 2011 Manifestation and
Motion filed before the CA by the Office of the Solicitor General (OSG) on behalf of the
Department of Trade and Industry (DTI), praying that petitioners be directed to manifest
whether they have already caused the service of summons upon PDI and, if not, to
coordinate with the OSG with respect to the mode of service as well as the manner of
payment thereof; that although it had been served with copies of their petition and its
annexes by registered mail, PDI has yet to be served with summons; and, that while they
are willing to coordinate with the OSG regarding the mode and manner of payment for
the service of summons to PDI, the Court has yet to resolve their motions for the
inclusion of  AI Legal Service & Training Ltd. and Select Document Services among those
authorized to serve summons on respondents and for the service of summons in
accordance with Section 12, Rule 15 of the Rules of Court, as amended.

On 17 May 2011, BGC filed a Clarificatory Manifestation  dated 16 May 2011, alleging
  that it received the Resolution dated 4 May 2011 issued by the CA's First Division in CA- 
G.R. SP No. 00001, the decretal portion of which states: 

"ACTING on the pending incidents, We hereby resolve as follows:               

 
1) In order to attain a judicious determination of the Urgent Motion for Ruling on
  Jurisdiction, the petitioners are DIRECTED to submit their COMMENT within ten (10)
days from receipt hereof. Perforce, Our resolution on petitioners' Motion for
Production and Inspection of Documents is held in abeyance;
   
2) Petitioners are ORDERED to manifest whether or not respondent Placer Dome has
  been served with Summons and if none had been served yet, to coordinate with the
DTI, through the OSG, for the implementation thereof.
 
SO ORDERED."
June-2011 Resolutions                 
[A.M. No. 11-6-03-CTA : June 28, 2011] RE: REQUEST OF BGC calls the attention of the Court to the fact, among other matters, that the foregoing
PRESIDING JUSTICE ERNESTO D. ACOSTA AND ASSOCIATE
JUSTICE LOVELL R. BAUTISTA FOR PERMISSION TO ATTEND THE
resolution is in conflict with our resolution dated 12 April 2011 which required
2ND ANNUAL ASEAN TAX CONFERENCE 2011 AT PATTAYA, petitioners to file their comment to its Urgent Motion for Ruling on Jurisdiction; and, that
CHONBURI PROVINCE, BANGKOK, THAILAND FROM AUGUST 22-25,
2011 consequently, there is a need to clarify which court exercises jurisdiction over the case
in order to shed light to the procedural paths available to the parties. Subsequent to its
[A.M. No. 13974-Ret : June 28, 2011] RE: SURVIVORSHIP
PENSION BENEFITS, JUSTICE RODOLFO A. NOCON [NATIVIDAD G. filing of a Submission dated 18 May 2011 submitting the original of the authenticated
NOCON]
affidavit of Geoffrey Marlow, BGC filed a Manifestation dated 6 June 2011 reiterating
[A.M. No. 10-11-130-MTC : June 28, 2011] RE: REQUEST FOR the need for said clarification, in view of petitioners' filing on 2 June 2011 of their
AUTHORITY TO WITHHOLD SALARIES OF MR. MATURAN D.
MAGDOBOY, CLERK OF COURT, MTC, MATI, DAVAO ORIENTAL Opposition to its Urgent Motion for Ruling on Jurisdiction. 
[A.M. No. 13973-Ret : June 28, 2011] RE: APPLICATION FOR
RETIREMENT BENEFITS UNDER A.M. NO. JBC-005 AND Pursuant to Section 3, Rule VII of the Rules of Procedure for Environmental Cases,
SURVIVORSHIP BENEFITS UNDER R.A. 8291, ATTY. J. CONRADO P.
CASTRO, JBC, SUPREME COURT
petitions for the Writ of Kalikasan "shall be filed with the Supreme Court or with any of
the stations of the Court of Appeals." It was in consonance with this provision that, on 8
[A.M. No. 13965-Ret. : June 28, 2011] RE: SURVIVORSHIP
PENSION BENEFITS, JUSTICE VICENTE G. ERICTA [MRS. LUCENA D. March 2011, the Court issued the Resolution which, after granting the Writ of Kalikasan
ERICTA] sought by petitioners, referred the case to the CA for hearing, reception of evidence and
[A.M. No. 13953-Ret. : June 28, 2011] RE: REQUEST FOR rendition of judgment. Considering said referral of the case to the CA, its re-docketing
EXTENSION OF SERVICE BEYOND COMPULSORY RETIREMENT AGE
OF 65 OR UNTIL AUGUST 12, 2012, MR. GEPTE M. PEREZ, COURT of the petition as CA-G.R. SP No. 00001 and its conduct of proceedings relative thereto,
STENOGRAPHER III, RTC, BRANCH 116, PASAY CITY it is imperative that the various motions and incidents filed by the parties, together with
[A.M. No. 11-5-47-MCTC : June 28, 2011] RE: REQUEST OF the entire records of the case, be likewise referred to said Court in observance of the
BENJAMIN O. QUINTO, JR., UTILITY WORKER 1, MCTC, JABONGA- doctrine of hierarchy of courts and in the interest of the orderly and expeditious conduct
KITCHARAO, AGUSAN DEL NORTE, FOR EXTENSION OF HIS SERVICE
of the proceedings in the case. With respect to petitioners' Manifestation with
[G.R. No. 196835 : June 28, 2011] TRIBAL COALITION OF
MINDANAO (TRICOM), INC., DAGING MANOBO SECTORAL TRIBAL Reiterated Motion dated 11 May 2011, attention is, however, called to the fact that the
COUNCIL, ET AL. V. TAGANITO MINING CORPORATION, PLATINUM
GROUP METALS CORPORATION, ORIENTAL SYNERGY MINING
motion for the inclusion of AI Legal Service & Training Ltd. and Select Document
CORP., ET AL. Services among those authorized to serve summons on respondents had already been
[G.R. No. 165381 : June 27, 2011] NELSON A. CULILI, granted in the Court's 29 March 2011 Resolution.
PETITIONER, V. EASTERN TELECOMMUNICATIONS PHILIPPINES,
INC., ET AL., RESPONDENTS.
WHEREFORE, premises considered, the records of the case are REFERRED to the CA,
[G.R. No. 186394 : June 22, 2011] PEOPLE OF THE PHILIPPINES for appropriate action on the various motions and incidents filed by the parties."
V. REYNALDO GALVEZ Y PEÑAFLOR

[G.R. No. 177268 : June 22, 2011] JUDGE ADORACION G. Very truly yours,
ANGELES V. MA. CRISTINA A. VISTAN

[G.R. No. 195482 : June 21, 2011] ELIZA M. HERNANDEZ, ET AL. (Sgd.) ENRIQUETA E. VIDAL
V. PLACER DOME, INC.
Clerk of Court
[A.M. No. 10-9-278-RTC : June 21, 2011] RE: REQUEST OF
EXECUTIVE JUDGE JOSE S. JACINTO JR., RTC, BRANCH 45, SAN
JOSE, OCCIDENTAL MINDORO, TO BE TRANSFERRED TO REGION I,
PREFERABLY IN PANGASINAN
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[A.M. No. JBC-023 : June 21, 2011] RE: PROPOSED SCHEDULE
OF ACTIVITIES FROM MAY TO JULY 2011 AND SCHEDULE FOR THE Ads by Google GR V Court GR GR No GR L
PROCESSING OF EXISTING AND FORTHCOMING VACANCIES IN THE
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[A.M. No. 11-5-91-RTC : June 21, 2011] RE: LETTER OF ATTY.

 [A.M. No. 11-5-91-RTC : June 21, 2011] RE: LETTER OF ATTY.
PERCIVAL S. CAÑA DECLINING HIS APPOINTMENT AS Back to Home | Back to Main
JUDGE OF RTC, BR. 17, PALOMPON, LEYTE
 
[G.R. No. 156636 : June 15, 2011] LUTHER S. NERI AND
REYNALDO B. TATOY, PETITIONERS, V. OLIVEROS DIGDIGAN JR., ET
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[G.R. No. 186384 : June 15, 2011] PEOPLE OF THE PHILIPPINES
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V. DOLORES SAN AGUSTIN Y MANINGAS

[G.R. No. 185846 : June 15, 2011] PEOPLE OF THE PHILIPPINES

V. LUISITO DE PEDRO Y TORRES
1901 1902 1903 1904 1905 1906 1907 1908
[G.R. No. 195778 : June 15, 2011] PEOPLE OF THE PHILIPPINES 1909 1910 1911 1912 1913 1914 1915 1916
VS. RUDY FLORES Y TOLENTINO
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[G.R. No. 195529 : June 15, 2011] PEOPLE OF THE PHILIPPINES
VS. DOMINGO QUISING ALIAS "INGGO" 1925 1926 1927 1928 1929 1930 1931 1932
1933 1934 1935 1936 1937 1938 1939 1940
[G.R. Nos. 193937-38 : June 15, 2011] STEEL CORPORATION OF
THE PHILIPPINES V. EQUITABLE PCIBANK, INC. AND ATTY. 1941 1942 1943 1944 1945 1946 1947 1948
SANTIAGO T. GABIONZA, JR. 1949 1950 1951 1952 1953 1954 1955 1956
[G.R. No. 195157 : June 15, 2011] OSCAR F. GABUYA V. PEOPLE 1957 1958 1959 1960 1961 1962 1963 1964
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[A.M. No. OCA-IPI 08-125-CA-J : June 14, 2011] ABELARDO 1973 1974 1975 1976 1977 1978 1979 1980
SILVERIO V. ASSOCIATE JUSTICE RAMON BATO, JR., COURT OF
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[G.R. No. 183697 : June 13, 2011] PEOPLE OF THE PHILIPPINES 1989 1990 1991 1992 1993 1994 1995 1996
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[A.M. No. P-11-2938 [Formerly A.M. OCA IPI No. 10-3437-P] : 2005 2006 2007 2008 2009 2010 2011 2012
June 13, 2011] LEAVE DIVISION, OFFICE OF ADMINISTRATIVE
SERVICES, OFFICE OF THE COURT ADMINISTRATOR VS. JESSICA O.
2013 2014            
ORBON, CLERK III, REGIONAL TRIAL COURT, BRANCH 70, PASIG
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[A.M. No. P-11-2938 [Formerly A.M. OCA IPI No. 10-3437-P] :

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[G.R. 175780 : June 08, 2011] PEOPLE OF THE PHILIPPINES VS.

RONALD RIVAS Y GARCIA

[G.R. No. 196209 : June 08, 2011] CARINA L. DACER, SABINA

DACER-REYES, EMILY DACER-HUNGERFORD, AND AMPARO DACER-
HENSON V. PANFILO M. LACSON

[A.M. No. P-06-2265 : June 08, 2011] OFFICE OF THE COURT

ADMINISTRATOR V. LIEZEL L. BAUTISTA
  
[G.R. No. 195240 : June 08, 2011] PEOPLE OF THE PHILIPPINES
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[G.R. No. 194837 : June 08, 2011] PEOPLE OF THE PHILIPPINES

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[G.R. No. 186124 : June 08, 2011] PEOPLE OF THE PHILIPPINES

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[A.M. No. P-11-2897 : June 08, 2011] LOLITA RAYALA-VELASCO

V. MA. CONSUELO JOIE A. FAJARDO, SHERIFF IV, REGIONAL TRIAL
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[G.R. No. 191238 : June 08, 2011] ADERITO Z. YUJUICO,

BONIFACIO C. SUMBILLA, AND DOLNEY S. SUMBILLA V. CEZAR T.
QUIAMBAO

[A.M. No. P-10-2786 : June 08, 2011] OFFICE OF THE COURT

ADMINISTRATOR V. MA. LOURDES A. LAQUINDANUM, COURT
STENOGRAPHER III, REGIONAL TRIAL COURT, BRANCH 61, ANGELES
CITY, PAMPANGA [FORMERLY A.M. NO. 10-1-29-RTC - RE: ALLEGED
TAMPERING OF DAILY TIME RECORDS BY MA. LOURDES A.
LAQUINDANUM, COURT STENOGRAPHER III, REGIONAL TRIAL
COURT, BRANCH 61, ANGELES CITY, PAMPANGA

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INC. V. PIONEER INSURANCE AND SURETY CORPORATION) [G.R.
NOS. 180896-97 : JUNE 7, 2011] PIONEER INSURANCE AND SURETY
CORPORATION V. KEPPEL CEBU SHIPYARD, INC.

[A.M. No. 09-11-187-MTC : June 07, 2011] REQUEST OF JUDGE

MARIBETH RODRIGUEZ-MANAHAN, MTC-SAN MATEO, RIZAL FOR
RELIEF FROM PROPERTY AND RECORDS ACCOUNTABILITIES WHICH
WERE TOTALLY DESTROYED BY TYPHOON "ONDOY"

[A.M. No. 13950-Ret. : June 07, 2011] SURVIVORSHIP PENSION

BENEFITS UNDER R.A. 9946 OF JUSTICE LINO M. PATAJO,
SUPREME COURT [MRS. CRISTETA T. PATAJO]

[A.M. No. 13955-Ret. : June 07, 2011] SURVIVORS PENSION

BENEFITS, HON. ANTONIO P. BARREDO [MRS. TERESITA A.
BARREDO]

[A.M. No. 13872-Ret. : June 07, 2011] RE: APPLICATION FOR

SURVIVORSHIP BENEFITS UNDER RA 9946 OF MRS. LOURDES C.
SUNDIAM, WIDOW OF COURT OF APPEALS JUSTICE EDGARDO F.
SUNDIAM

[A.M. No. 13944-Ret. : June 07, 2011] OPTIONAL RETIREMENT

UNDER R.A. 7699, VICENTA N. GUMIA, OFFICE OF DCA VILLASOR,
OCA-SC

[A.M. No. 13963-Ret. : June 07, 2011] APPLICATION FOR

SURVIVORSHIP PENSION BENEFITS UNDER R.A. 9946 OF MRS.
MINERVA B. REYES, SURVIVING SPOUSE OF THE LATE HON.
ANDRES C. REYES, SR., FORMER PRESIDING JUSTICE OF COURT OF
APPEALS

[G.R. No. 179811 : June 06, 2011] FAMA REALTY, INC. AND FELIX
ASSAD V. SPS. GERARDO & CORAZON TRINIDAD

[G.R. No. 181484 : June 06, 2011] RUBEN DE LOS RIOS V.

PEOPLE OF THE PHILIPPINES

[G.R. No. 195306 : June 06, 2011] PEOPLE OF THE PHILIPPINES

VS. MARILYN ISIP Y BIE, JOEL ISIP Y VITE, AND ISABEL APOLONIO Y
PACULDAR

[A.M. No. P-11-2933 : June 06, 2011] JUDGE CELSO BAGUIO V.

JOCELYN P. LACUÑA, COURT STENOGRAPHER III, REGIONAL
TRIAL COURT, BRANCH 34, GAPAN CITY, NUEVA ECIJA

[G.R. No. 185556 : June 06, 2011] SUPREME STEEL PIPE

CORPORATION V. NAGKAKAISANG MANGGAGAWA NG SUPREME
 INDEPENDENT UNION

[G.R. No. 195237 : June 01, 2011] PEOPLE OF THE PHILIPPINES

VS. AMALIA REGATSUELO

[G.R. No. 194609 : June 01, 2011] PEOPLE OF THE PHILIPPINES

V. NYMPHA HUELAR Y FRINCELLO AND SONNY SANTILLAN Y DE
ASIS

[G.R. No. 194722 : June 01, 2011] PEOPLE OF THE PHILIPPINES

VS. JOSE MINA

[G.R. No. 195195 : June 01, 2011] PEOPLE OF THE PHILIPPINES

VS. EDGAR SAGORIO Y BABISTA

[G.R. No. 195305 : June 01, 2011] PEOPLE OF THE PHILIPPINES

VS. CLEOTILDO CALUCAG

[G.R. No. 187079 : June 01, 2011] PEOPLE OF THE PHILIPPINES

V. SALVADOR BON Y AGSANGRE

[G.R. No. 188121 : June 01, 2011] PEOPLE OF THE PHILIPPINES

V. ABDULBASIT BERIN Y ABDULBAKI A.K.A. "BASHID BERIN" A.K.A.
"BAS"

[G.R. No. 188572 : June 01, 2011] PEOPLE OF THE PHILIPPINES

V. DATUNOT UNTONG Y ABAS

[G.R. No. 184052 : June 01, 2011] PEOPLE OF THE PHILIPPINES

V. LUISITO MASCARIÑA Y LEAL

[G.R. No. 181825 : June 01, 2011] PEOPLE OF THE PHILIPPINES

V. RASOL MATAS Y SAMAMA

[A.C. No. 8529 : June 01, 2011] RENATO P. DRAGON V. ATTYS.

ROMULUS S. PROTACIO, ANGELITA ALBERTO-GACUTAN, RAUL T.
AQUINO, AND VICTORIANO R. CALAYCAY

[G.R. No. 185630 : June 01, 2011] ERICH PITELAN, PETITIONER

V. PHILEX MINING CORPORATION AND THE MINES ADJUDICATION
BOARD-DEPARTMENT OF ENVIRONMENT AND NATURAL
RESOURCES (MAB-DENR), RESPONDENTS.

 
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