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) […]
Civil Procedure
62 posts
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. […]
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 […]
G.R. No. L-9152 – 100 Phil. 586 – Remedial Law – Civil Procedure – Filing of Complaints – Dismissal Without Prejudice Josefina Mortel was induced by Anacleto Aspiras to marry him in Manila. Mortel agreed and so she went to Manila. Anacleto accompanied her to the city hall where Anacleto […]
G.R. No. 140153 – 355 SCRA 658 – 407 Phil. 1007 – Remedial Law – Civil Procedure – Substantial Compliance with the Rule on Non-Forum Shopping Spouses Antonio and Alfreda Docena were allegedly lessees of Casiano Hombria of a parcel of land located in Eastern Samar. Hombria filed a complaint […]
G.R. NO. 157912 – 540 SCRA 111 – Remedial Law – Civil Procedure – Certification of Non-Forum Shopping Not Required in a Contingent Money Claim Special Proceedings – Settlement of Estate of Deceased Persons – Rule 88 – Contingent Claims Alice Sheker died and her estate was left under the […]
G.R. No. 149660 – Remedial Law – Civil Procedure – Certification Against Forum Shopping; Corporations must authorize lawyer to sign for and in behalf of the corporation In 1955, Sheryl Oabel began working for Maranaw Hotels in one of its hotel branches. In 1996, Maranaw Hotels contracted the services of […]
G.R. No. 155806 – 550 SCRA 562 – Remedial Law – Civil Procedure – When is the rule on the Certification of Non-Forum Shopping relaxed? In 1977, Tible & Tible Company, Inc. (TTCI) obtained a loan amounting to P1.5 million from Royal Savings and Loan Association. The loan matured however […]