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 […]
Civil Procedure
35 posts
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 – 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 their Answer, alleged that […]
G.R. No. 216425 – 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 Law – Declaration of […]
G.R. No. 155483 – 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 and Titles, Recovery of […]
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-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 […]
G.R. No. L-56763 – 204 Phil. 693 – 119 SCRA 367 – Mercantile Law – Corporation Law – Business Address Remedial Law – Civil Procedure – Venue of Actions In 1979, Tyson Enterprises, Inc. filed a collection suit against Universal Parts Supply Corporation and its president John Sy. The suit […]
G.R. No. 168747 – 562 Phil. 862 – 537 SCRA 277 – Civil Law – Conflict of Laws – Private International Law – Service of Summons – Personal Action – Real Action – Extraterritorial Service Cynthia Logarta and Teresa Tormis were the daughters of Luis Regner in his first marriage […]
G.R. No. L-22320 – 23 SCRA 637 – 133 Phil. 219 – Remedial Law – Civil Procedure – Trial; Judgment – When may a judge quash his own writ of execution Damaso Perez owe Ricardo Hermoso P17,309.44 representing unpaid purchases of leather materials used in Damaso’s shoe business. Damaso was […]
G. R. No. 114243 – 326 SCRA 278 – 383 Phil. 163 – Remedial Law – Civil Procedure – Service of Summons – Invalid Service; Consequence thereof In 1965, Luneta Motor Company filed an action for recovery of a jeep and for recovery of sum of money against Lucila Java. […]
G.R. No. 75919 – 149 SCRA 562 – Remedial Law – Civil Procedure – Payment of Docket Fees – Claimed Damages must be Stated in the BODY and PRAYER of pleadings A complaint for specific performance was filed by Manchester Development Corporation against City Land Development Corporation to compel the […]
G.R. No. 94677 – 202 SCRA 753 – Remedial Law – Civil Procedure – Payment of Docket Fees – Pure Money Claims vs In Rem Actions Original Development and Construction Corporation (ODECOR) sued Home Insurance and Guaranty Corporation (HIGC), and the National Home Mortgage Finance Corporation (NHMC) for breach of […]
G.R. No. 161417 – 544 Phil. 45 – 515 SCRA 106 – Remedial Law – Civil Procedure – In rem vs In personam proceedings – Service of Summons – Resident Defendant – Extrinsic Fraud Ernesto Biaco, husband of Teresa Biaco, acquired several loans from Philippine Countryside Rural Bank (PCRB) from 1996 […]
G.R. No. L-30353 – 202 Phil. 415 – 117 SCRA 91 – Remedial Law – Civil Procedure – Service of Summons by a Police Officer A land dispute arose between Patricio Bello and Eugenia Ubo. Bello is claiming ownership over the property that Ubo and her son have been occupying […]
G.R. NO. 139018 – 495 Phil. 188 – 455 SCRA 20 – Remedial Law – Civil Procedure – Certification of Non-forum Shopping Not Needed in Compulsory Counterclaim In 1996, Estherlita Agana filed a complaint for annulment of title against Serrano Enterprises. Said complaint involves a property which is allegedly sold […]