G.R. No. 129098 – 539 Phil. 114 – 510 SCRA 55 – Political Law – Constitutional Law – Accountability of Public Officers – Ombudsman – Judicial Review – Decisions of the Ombudsman Remedial Law – Civil Procedure – Decisions of Quasi-Judicial Bodies – Appeal – Rule 43; Errors in Judgment […]
Civil Procedure
60 posts
G.R. No. L-23139 – 125 Phil. 270 – 18 SCRA 1120 – Political Law – Constitutional Law – State Immunity from Suit – Suit against unincorporated entities Remedial Law – Civil Procedure – Parties to a Suit In 1962, four parcels of drill parts imported by Mobil Philippines Exploration, Inc. […]
G.R. No. 167569; G.R. No. 167570; G.R. No. 171946 – 614 Phil. 451 – 598 SCRA 266 – Political Law – Constitutional Law – General Principles – Elements of a State – Citizens; Citizenship – Election of Filipino Citizenship; When done – No res judicata in citizenship cases Remedial Law […]
G.R. No. 191810 – 761 Phil. 223 – 112 OG No. 5 – Remedial Law – Civil Procedure – Judgments; Immutability of Judgments – Second Motion for Reconsideration not allowed In 1950, Carlos Go elected Filipino citizenship. In 1952, his son Jimmy Go was born. Jimmy’s birth certificate indicated that […]
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 […]
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 – 941 Phil. 182 – 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 […]
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. 233930 – Remedial Law – Civil Procedure – Special Civil Action – Writ of Mandamus – Where to File; Hierarchy of Courts – Doctrine of Transcendental Importance Special Proceedings – Environmental Cases – Writ of Continuing Mandamus is Available Only in Environmental Cases In 2016, the government rolled […]
G.R. No. 140608 – 482 Phil. 193 – 439 SCRA 1 – Civil Law – Obligations and Contracts – Prescription of Actions – Collection of Sum of Money – Period to Collect Debts – Prescriptive Period; Interruption vs Suspension Remedial Law – Civil Procedure – Manner of Pleading Allegations – […]
G.R. No. 192971 – 823 Phil. 200 – 850 SCRA 209 – Civil Law – Law on Property – Prescription of Actions – Right to Foreclose – Commencement of Prescriptive Period Remedial Law – Civil Procedure – Manner of Making Allegations – Ultimate Facts – Specific Denial On 14 May […]
G.R. No. 215121 – Remedial Law – Criminal Procedure / Civil Procedure – Rule 40; Appeal from MTC to RTC – Submission of Memorandum by Appellant is Mandatory – Rule 42; Appeal from RTC to CA In 2006, Dr. Benigno Agbayani, Jr. was sued by Saul Hofileña, Jr. Allegedly, Dr. […]
G.R. No. 209518 – 811 Phil. 192 – Remedial Law – Civil Procedure – How Jurisdiction acquired; Summons – Voluntary Appearance Civil Law – Land Titles and Deeds – Title cannot be collaterally attached In 2011, Ana Kari Carmencita Nustad filed a civil case against Ma. Hazelina Tujan-Militante. Ana prayed […]
G.R. No. 172547 – 591 SCRA 350 – 609 Phil. 134 – Remedial Law – Summary proceedings – Rule 70 – Ejectment; Forcible Entry – Possession – better Right Civil Law – Succession – When does successional right start Fe Factor was an heiress of a huge real estate in […]
G.R. No. 207707 – 879 Phil. 313 – Remedial Law – Civil Procedure – Motion to Dismiss – Lack of Cause of Action – Failure to Comply with a Condition Precedent – Failure to Undergo Barangay Conciliation Antonio Ngo filed a civil case against Visitacion Gabelo et al. Gabelo, in […]
G.R. No. 216425 – 890 Phil. 74 – Civil Law – Persons and Family Relations – Family Code – Civil Code – Use of Surnames Remedial Law – Civil Procedure – Special Civil Actions – Change of Name – Legitimate Child May Use Surname of Mother Political Law – Constitutional […]