G.R. Nos. 171947-48 – 574 SCRA 661 – Political Law – Elements of the State – Government – Ministerial vs Discretionary Functions – Mandamus Constitutional Law – Right to a Healthful Ecology Civil Law – Environmental Laws – Continuing Mandamus; When first applied in Philippine setting In 1999, the Concerned […]
Remedial Law
212 posts
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. 133535 – 372 Phil. 816 – 320 SCRA 684 – Criminal Law – Crimes Committed by Public Officers – Plunder; Jurisdiction Remedial Law – Jurisdiction of Courts – Jurisdiction of the Sandiganbayan In 1996, an Information was filed with the Sandiganbayan against Lilia Organo for the crime of plunder […]
G.R. No. L-50264 – 203 SCRA 118 – Civil Law – Law on Property – Possession; can’t be recognized in two persons at the same time Remedial Law – Summary Proceedings – Rule 70; Forcible Entry and Unlawful Detainer – Ejectment – Force, Intimidation, Threat, Strategy, or Stealth In 1972, […]
G.R. No. 155339 – 571 Phil. 18 – 547 SCRA 311 – Remedial Law – Evidence – Circumstantial Evidence; when may it be used to uphold conviction In October 1992, Naty Madon-ep, a businesswoman engaged in the selling of seeds and rice in the public market of Baguio City, noticed […]
221 Phil. 168 – 136 SCRA 475 – Civil Law – Law on Property – Accession Industrial – Builder in Good Faith; Owner in Good Faith – Forced Lease Remedial Law – Summary Proceedings – Rule 70; Forcible Entry and Unlawful Detainer – Res Judicata – Unlawful Detainer will not […]
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. […]
A.M. No. MTJ-09-1729 – 596 Phil. 405 – 576 SCRA 382 – Remedial Law – Summary Procedure – Warrant of Arrest – Notice to the Accused Legal Ethics – Judicial Ethics – Abuse of Authority In 2006, a criminal case was filed against Noryn Tan for estafa in the Municipal […]
G.R. No. L-21438 – 124 Phil. 722 – 18 SCRA 155 – Civil Law – Torts and Damages – Liability – Culpa Aquiliana – Culpa Contractual Remedial Law – Evidence – Testimonial Evidence – Hearsay Rule – Exception; Res Gestae – Startling Event In March 1958, Rafael Carrascoso and several […]
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. 190341 – 661 Phil. 281 – Remedial Law – Evidence – Testimonial Evidence – Hearsay Rule – Exceptions; Res Gestae – Startling Event In the morning of June 29, 2004 Amalia was told by her mother to look for her sister Alice. Alice was an 18 years old […]
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. 54 – 1 Phil. 50 – Remedial Law – Right to Remain Silent Political Law – Constitutional Law – Bill of Rights – Rights of the Accused – Right to Remain Silent Jose Junio pleaded not guilty to a criminal case. After that, the judge required him to […]
G.R. No. 1332 – 2 Phil. 380 – Remedial Law – Criminal Procedure – Rights of the Accused – Right to Remain Silent Political Law – Constitutional Law – Criminal Procedure – Bill of Rights – Rights of the Accused – Right to Remain Silent In November 1900, three people […]
G.R. No. 174689 – 537 SCRA 373 – 562 Phil. 953 – Remedial Law – Special Proceedings – Rule 103; Change of Name – Gender re-assignment does not merit change of name Rommel Jacinto Dantes Silverio is a male transsexual. He’s a biological male who feels trapped in a male […]