G.R. No. L-44886 – 177 Phil. 134 – Remedial Law – Civil Procedure – Judgment – Immutability of Judgment – Scope of a Writ of Execution; No interest maybe executed if not part of the judgment award Atty. Luciano Dominguez was appointed as the guardian of then child actress Nora […]
Remedial Law
204 posts
A.C. No. 13242 – 924 Phil. 596 – Legal Ethics – CPRA; Canon II; Propriety – Improper Claim of Influence – Fidelity; Deceitful Conduct Remedial Law – Evidence – Electronic Evidence – Text Messages; How Authenticated Feliza Asuncion married Julio Asuncion in 1983. However, without her first marriage being […]
G.R. No. 267580 – Remedial Law – Civil Procedure – Rule 65; Petition for Certiorari – Extension of the 60-day period to file Legal Ethics – CPRA; Canon IV; Competence and Diligence – Lawyer’s Negligence – When not binding to client In 2019, Catalino Fajardo and his co-workers filed an […]
G.R. No. 227004 – Remedial Law – Civil Procedure – Rule 71; Contempt of Court – Material Allegations in a Petition for Contempt Legal Ethics – CPRA; Propriety – Sub Judice Rule – Restrictions Against Lawyers In 2010, Datu Andal Ampatuan, Jr. was charged with multiple murder for the death […]
G.R. No. 132223 – 411 Phil. 359 – 358 SCRA 707 – Remedial Law – Special Proceedings – Guardianship – Guardians Must Be Philippine Residents Civil Law – Persons and Family Relations – Family Code – Parental Authority – Guardians; Residency Requirement Reeder Vancil and Helen Belmes were live in […]
G.R. No. 268643 – Remedial Law – Special Proceedings – Guardianship – A.M. No. 03-02-05-SC; Guardianship of Minors Civil Law – Persons and Family Relations – Family Code – Parental Authority – Guardians In September 2008, Juliana Rose Oscaris was born. A day after her birth, her mother died. Since […]
G.R. No. 217755 – 863 Phil. 413 – Remedial Law – Civil Procedure – Jurisdiction of Courts; In actions for annulment of title, the assessed value of the subject property is jurisdictional In 1993, Elmer Montero discovered that Santiago Montero, Jr., through an Affidavit of Self-Adjudication, appropriated unto himself a […]
G.R. No. 228127 – Civil Law – Persons and Family Relations – Family Code – Void Marriages – Psychological Incapacity – Either Spouse May File Petition – Psychologically Incapacitated Spouse May File Petition Remedial Law – Special Proceedings – Declaration of Nullity of Marriage – Proper Party In 1988, after […]
G.R. No. 259520 – Civil Law – Persons and Family Relations – Family Code- Void Marriages – Bigamous Marriages – Guilty Spouse Cannot Seek Nullity of Bigamous Marriage Remedial Law – Special Proceedings – Declaration of Nullity of Marriages – Property Party In 1994, Maria Lina Quirit married Ho Kar […]
G.R. No. 175602 – 703 Phil. 519 – Remedial Law – Criminal Procedure – Rule 122; Appeal – Favorable judgment on appeal likewise favors those who did not appeal Eduardo and Edwin Valdez were convicted of three counts of murder and were made to suffer reclusion perpetua in each of […]
G.R. No. 175602 – 679 Phil. 279 – 663 SCRA 272 – Remedial Law – Criminal Procedure – Rule 110 – Information – Proper way to allege aggravating circumstances; treachery Brothers Eduardo Valdez and Edwin Valdez were police officers accused of killing three persons. They were charged in court for […]
G.R. No. 216056 – 891 Phil. 181 – Remedial Law – Evidence – Testimonial Evidence – Hearsay Rule – Exceptions; Dying Declaration In May 2001, Roger Arquero and Rolando Licupa were walking on a rice field when all of a sudden Roberto Bernardo emerged from the hill portion of the […]
G.R. No. 124342 – 377 Phil. 904 – 320 SCRA 61 – Remedial Law – Criminal Procedure – Rule 110; Information – Time of Commission of the Offense Must Be Alleged as Close to the Actual Date Political Law – Constitutional Law – Bill of Rights – Rights of the […]
G.R. No. 145391 – 436 Phil. 582 – 388 SCRA 28 – Remedial Law – Criminal Procedure – Responsive Pleading – Rule 111; Answer with Counterclaim not Allowed; Counterclaim must be filed separately Avelino Casupanan and Mario Laroya were involved in a vehicular collision. In 1999, Laroya filed a criminal […]
G.R. No. 254484 – Remedial Law – Special Proceedings – Rule 108 – Correction of Entries; Change of Civil Status – Venue – A judicially recognized foreign divorce must still be petitioned via Rule 108 to correct a civil status In 2006, Janevic Ordaneza married a Japanese in Pasay City. […]
G.R. No. 238798 – Criminal Law – Special Penal Laws – Juvenile Justice Act – Discernment Criminal Law – Book 1 – Mitigating Circumstances – Minority Remedial Law – Criminal Procedure – Information – When offender is a CICL Remedial Law – Evidence – Hearsay Rule – Exceptions; Res Gestae […]