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 […]
Civil Procedure
56 posts
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 […]
G.R. No. 103200 – 236 SCRA 78 – Remedial Law – Civil Procedure – Motion to Dismiss – Grounds for Dismissal In 1989, a conflict between La Naval Drug Corporation and a certain Wilson Yao arose regarding a lease contract. Yao invoked a provision in the lease contract whereby pursuant to […]
G.R. No. 109957 – 324 Phil. 70 – 253 SCRA 705 – Remedial Law – Civil Procedure – Service of Summons – Voluntary Appearance In 1983, Joven Yasay filed an ejection case against Antonio Navale, Eligio Valdehueza, and several others. The Municipal Trial Court in Cities (in Cagayan de Oro) […]
G.R. No. 102833 – 323 Phil. 452 – 253 SCRA 382 – Remedial Law – Civil Procedure – Jurisdiction; Lack thereof – when may it be raised – Jurisdiction over the Subject Matter vs Jurisdiction over the Person of the Defendant In July 1977, Jesus Wee Eng filed an action to recover real […]
G.R. No. 126477 – 356 Phil. 780 – 295 SCRA 463 – Remedial Law – Civil Procedure – Service of Summons; Extraterritorial Service – Foreign Corporation Doing Business in the Philippines In May 1992, the Ludo & Luym Oleochemical Co. (LLOC) filed a complaint against French Oil Mill Machinery Co., Inc. […]
G.R. No. 137792 – 456 Phil. 127 – Civil Law – Credit Transactions – Real Mortgage – Judicial Foreclosure – No right of redemption in judicial foreclosure Remedial Law – Civil Procedure – Special Civil Actions – Judicial Foreclosure – Right of Redemption vs Equity of Redemption The spouses Ricardo […]
G.R. No. 150135 – 506 SCRA 81 – Remedial Law – Civil Procedure – Rule 141 – Indigent Litigants In 1999, the City of Naga demolished a portion of the house owned by spouses Antonio and Lorencita Algura for allegedly being a nuisance as the said portion of the house […]
G.R. No. L-998 – 77 Phil. 1018 – Remedial Law – Civil Procedure – Real Party in Interest; Naturalization Case Sometime in the 1940s, a certain Chinese citizen named Teodoro Lim filed a petition for naturalization for him to become a Filipino citizen. The Anti-Chinese League of the Philippines (ACL) […]
G.R. No. 166393 – 607 Phil. 446 – Remedial Law – Special Proceedings – Settlement of Estate – Rule 74; Summary Settlement of Estate; Fraudulent Deed of Extrajudicial Settlement Remedial Law – Civil Procedure – Rule 6; Counterclaim – Compulsory vs Permissive Counterclaim Quiterio San Jose and Antonina Espiritu Santo […]
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. […]