ENRIQUETA S. TY v. EUSTAQUIA ELALE - July 1982 - Philipppine Supreme Court Decisions
ENRIQUETA S. TY v. EUSTAQUIA ELALE - July 1982 - Philipppine Supreme Court Decisions
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SECOND DIVISION
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11/15/22, 3:52 PM G.R. No. L-58268 July 5, 1982 - ENRIQUETA S. TY v. EUSTAQUIA ELALE : July 1982 - Philipppine Supreme Court Decisions
MELECIO LUMAGBAS, Petitioners, v. EUSTAQUIA
ELALE, CONSORCIO ELALE, SOTERA ELALETULBO,
MACARIO TULBO, MOISES BALAIS and COURT OF
APPEALS, Respondents.
SYNOPSIS
ChanRobles Special the Court of Appeals had already become final and
Lecture Series
executory and can no longer be reviewed; and (2) the
Court of Appeals is empowered by Presidential Decree
No. 946 to dispense with memoranda in deciding
agrarian cases in the interest of the expeditious
administration of justice.
SYLLABUS
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11/15/22, 3:52 PM G.R. No. L-58268 July 5, 1982 - ENRIQUETA S. TY v. EUSTAQUIA ELALE : July 1982 - Philipppine Supreme Court Decisions
RECONSIDERATION WHEN COURT OF APPEALS
DECISION ALREADY FINAL. — The second motion for
reconsideration filed by petitioners before this Court
has to be denied because the decision of the Court of
Appeals had already become final and executory and
July-1982
can no longer be reviewed by this Court.
Jurisprudence
3. ID.; ID.; ID.; ID.; MOTION FOR RECONSIDERATION
v. ERNESTO DATU
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11/15/22, 3:52 PM G.R. No. L-58268 July 5, 1982 - ENRIQUETA S. TY v. EUSTAQUIA ELALE : July 1982 - Philipppine Supreme Court Decisions
SWEEPSTAKES STAFF
1982 - FIDEL
EPITACIO BUERANO
G.R. No. L-51458 The Agrarian Court found that Eustaquia (an
July 19, 1982 - octogenarian who claimed to have been a tenant since
1917) and Consorcio were allegedly ejected from the
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11/15/22, 3:52 PM G.R. No. L-58268 July 5, 1982 - ENRIQUETA S. TY v. EUSTAQUIA ELALE : July 1982 - Philipppine Supreme Court Decisions
A.C. No. 2160 July From that decision, Enriqueta S. Ty, the Lumagbas
20, 1982 - AVELINO spouses and their two sons seasonably appealed to the
FRAN v. JUANITO Court of Appeals. The record was received in the
FUERTE Appellate Court on February 16, 1981. The case was
raffled on March 24, 1981. Without any further
A.M. No. 2691-CFI ceremony and as may be seen on page 4 of the Rollo,
July 20, 1982 - the Court of Appeals decided the appeal on April 22,
ARTEMIO T. VICTORIA 1981. It affirmed the lower court’s judgment on the
v. SEGUNDO M. ZOSA ground that it is supported by substantial evidence
(CA-G.R. No. SP-12201-CAR).
July 20, 1982 - They alleged that in their memorandum they would
PEOPLE OF THE PHIL. have pointed out the evidence showing that Eustaquia
v. VIRGILIO Elale and the members of her family were the tools of
NACUSPAG Jose Abuda in occupying the said coconut land and that
Abuda’s purpose was to use that circumstance to
G.R. No. L-32661 support his civil action against Alberto S. Ty for the
July 20, 1982 - recovery of the land (Civil Case No. 472.)
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11/15/22, 3:52 PM G.R. No. L-58268 July 5, 1982 - ENRIQUETA S. TY v. EUSTAQUIA ELALE : July 1982 - Philipppine Supreme Court Decisions
G.R. No. L-34840 Enriqueta S. Ty, who is Alberto’s stepmother, was only
July 20, 1982 - his overseer. Appellees Eustaquia Elale Et. Al. opposed
MARIO RODIS the motion for reconsideration.
MAGASPI v. JOSE R.
MANUEL LAPINIG v.
COURT OF APPEALS We denied the petition for having been filed late. The
petitioners filed a motion for reconsideration which we
G.R. No. L-38140 also denied. The petitioners committed a mistake in
July 20, 1982 - filing a motion for reconsideration in the Court of
PEOPLE OF THE PHIL. Appeals. They should have appealed right away to this
v. ABUNDIO LABINIA Court within the reglementary thirty-day period. In
agrarian cases, a motion for reconsideration is not
G.R. No. L-38440 allowed in the Court of Appeals by section 18 of
July 20, 1982 - Presidential Decree No. 946.
DOMINGO V. FLORES,
JR. v. JUAN PONCE In this Court the petitioners filed a second motion for
ENRILE reconsideration dated January 21, 1982. That motion
has to be denied also because the decision of the Court
G.R. No. L-41399 of Appeals had already become final and executory and
July 20, 1982 - can no longer be reviewed by this Court.
REPUBLIC OF
chanrobles.com:cralaw:red
July 20, 1982 - Presidential Decree No. 946 does not make it
mandatory upon the Court of Appeals to require the
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11/15/22, 3:52 PM G.R. No. L-58268 July 5, 1982 - ENRIQUETA S. TY v. EUSTAQUIA ELALE : July 1982 - Philipppine Supreme Court Decisions
PEOPLE OF THE PHIL. parties to file memoranda as may be seen from the
v. REINO P. ROLL following provisions:
jgc:chanrobles.com.ph
ELPIDIO YABES, ET "The Court of Appeals shall affirm the decision or order
AL. v. NAPOLEON or the portions thereof appealed from if the findings of
FLOJO, ET AL. fact in the said decision or order are supported by
substantial evidence as basis thereof, and the
G.R. No. L-47740 conclusions stated therein are not clearly against the
July 20, 1982 - LIM law and jurisprudence . . .
PIN v. CONCHITA
G.R. No. L-47953 "Upon receipt of the records of the case from the Court
July 20, 1982 - LILIA of Agrarian Relations, the Court of Appeals may, if it
B. GALCERAN v. deems necessary, require the parties to file
SECRETARY OF simultaneous memoranda within a non-extendible
LABOR period of fifteen (15) days from notice; the appellate
court shall decide the case within thirty (30) days from
G.R. No. L-50439 receipt of said records or memoranda.
CONRADO M. VELAYO
"x x x
July 20, 1982 - It is evident that Presidential Decree No. 946 in the
ELIZABETH SINCLAIR interest of the expeditious administration of justice
v. COURT OF empowers the Court of Appeals to dispense with
APPEALS memoranda in deciding agrarian cases. In the instant
case, the Court of Appeals did not require the filing of
G.R. No. L-56554 memoranda because after a perusal of the record it
July 20, 1982 - SAN presumably concluded that the appeal was manifestly
MIGUEL without merit or was palpably frivolous and dilatory
CORPORATION v. because the lower court’s findings are supported by the
NATIONAL LABOR evidence.
RELATIONS
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11/15/22, 3:52 PM G.R. No. L-58268 July 5, 1982 - ENRIQUETA S. TY v. EUSTAQUIA ELALE : July 1982 - Philipppine Supreme Court Decisions
G.R. No. L-56833 denied due process or was not accorded a hearing in
July 20, 1982 - the Court of Appeals, it is advisable that if the
RAMON V. MERANO v. Appellate Court finds that memoranda are not
EDUARDO C. TUTAAN necessary, it should at least issue a notice to the
parties that the case is submitted for decision without
G.R. No. L-58011- any memoranda.
chanroblesvirtualawlibrary
COMMISSION
WHEREFORE, petitioners’ second motion for
G.R. No. L-58678 reconsideration is denied for lack of merit. No costs.
v. IRINEO V.
G.R. Nos. L-
OF APPEALS
201 Phil. 1
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11/15/22, 3:52 PM G.R. No. L-58268 July 5, 1982 - ENRIQUETA S. TY v. EUSTAQUIA ELALE : July 1982 - Philipppine Supreme Court Decisions
201 Phil. 8
201 Phil. 37
201 Phil. 40
201 Phil. 45
201 Phil. 47
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11/15/22, 3:52 PM G.R. No. L-58268 July 5, 1982 - ENRIQUETA S. TY v. EUSTAQUIA ELALE : July 1982 - Philipppine Supreme Court Decisions
v. LEONARDO AFABLE
201 Phil. 52
201 Phil. 56
201 Phil. 61
201 Phil. 82
201 Phil. 69
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11/15/22, 3:52 PM G.R. No. L-58268 July 5, 1982 - ENRIQUETA S. TY v. EUSTAQUIA ELALE : July 1982 - Philipppine Supreme Court Decisions
201 Phil. 89
G.R. Nos. L-
32144-45 July 30,
1982 - PEOPLE OF
THE PHIL. v. NAÑO L.
MILFLORES
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11/15/22, 3:52 PM G.R. No. L-58268 July 5, 1982 - ENRIQUETA S. TY v. EUSTAQUIA ELALE : July 1982 - Philipppine Supreme Court Decisions
G.R. Nos. L-
34527-28 July 30,
1982 - PEOPLE OF
THE PHIL. v.
DIONISIO
MAGBANUA
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11/15/22, 3:52 PM G.R. No. L-58268 July 5, 1982 - ENRIQUETA S. TY v. EUSTAQUIA ELALE : July 1982 - Philipppine Supreme Court Decisions
G.R. Nos. L-
36662-63 July 30,
1982 - PEOPLE OF
THE PHIL. v.
FILOMENO CAMANO
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11/15/22, 3:52 PM G.R. No. L-58268 July 5, 1982 - ENRIQUETA S. TY v. EUSTAQUIA ELALE : July 1982 - Philipppine Supreme Court Decisions
COURT OF FIRST
INSTANCE OF
BATANGAS
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11/15/22, 3:52 PM G.R. No. L-58268 July 5, 1982 - ENRIQUETA S. TY v. EUSTAQUIA ELALE : July 1982 - Philipppine Supreme Court Decisions
G.R. Nos. L-
57601-06 July 30,
1982 - LAZARO
VENIEGAS v. PEOPLE
OF THE PHIL.
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