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 […]
Civil Procedure
52 posts
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 […]
G.R. No. 155483 – 550 Phil. 571 – 522 SCRA 410 – Remedial Law – Civil Procedure – Formal Offer Must Be Filed On Time – A written formal offer is a litigated motion In 1996, the Heirs of Pedro Pasag filed a Complaint for Declaration of Nullity of Documents […]
G.R. No. 143976 – G.R. No. 145846 – 448 Phil. 606 – 400 SCRA 494 – Remedial Law – Civil Procedure – Appeals Appeal from MTC to RTC – Appeal Fees – Supersedeas Bond – Exemption – Always Solvent Doctrine Political Law – Governmental Functions – Public Housing Spouses Oscar […]
G.R. No. L-44169 – 224 Phil. 441 – 140 SCRA 304- Labor Law – Labor Standards – Wages vs Salary Remedial Law – Civil Procedure – Execution of Judgment – Limitations on Garnishment; Wages are exempt from execution – Salary not exempt from execution Civil Law – Obligations and Contracts […]
G.R. No. L-21189 – 120 Phil. 1331 – Remedial Law – Civil Procedure – Execution of Judgment – Limitations on Garnishment In 1962, Luzviminda San Pedro filed a case against Spouses Jose and Marta Avendaño for Collection of Sum of Money. The spouses Avendaño lost the said case. To execute […]
Rules of Court are liberally construed in quasi-judicial proceedings but strictly adhered to in regular court proceedings G.R. No. 101699 – 325 Phil. 145 – 254 SCRA 673 – Remedial Law – Civil Procedure – Service of Summons – Jurisdiction over the person In 1986, Gil Abaño, the treasurer of […]
G.R. Nos. 79937-38 – 252 Phil. 280 – 170 SCRA 274 – Remedial Law – Civil Procedure – Filing of a Complaint – Docket Fees In 1984, Sun Insurance Office, Ltd. was sued by Manuel Tiong before the Quezon City RTC. In the body of his complaint, Tiong claimed damages […]
G.R. No. L-34840 – 200 Phil. 583 – 115 SCRA 193 – Remedial Law – Rule 141 – Payment of Docket Fees Civil Procedure – Pleadings – Amendments In September 1970, Mario Magaspi et al filed a civil complaint against The Shell Co. of the Philippines (Shell) for recovery of […]
G.R. No. 186571 – 642 Phil. 420 – 628 SCRA 266 – Civil Law – Persons and Family Relations – Family Code – Marriage; Void Marriages – Article 26; Effect of Foreign Divorce Remedial Law – Evidence – Presumptive Evidence – Foreign Judgment; Divorce Civil Procedure – Rule 39 – Rights […]