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 […]
Civil Procedure
56 posts
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. 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 […]
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 […]