G.R. No. 144656 – 431 Phil. 798 – 382 SCRA 192 – Remedial Law – Evidence – DNA Evidence – Admissibility On July 10, 1999 (Rosario, Cavite), at about 1pm, 9-year old Daisy Diolola went to her neighbor’s house to seek help on an assignment. It was a Saturday. Gerrico […]
Remedial Law
212 posts
G.R. No. 115181 – 385 Phil. 1014 – Remedial Law – Special Proceedings – Rule 78; Petition for Issuance of Letters of Administration – Convertible to Judicial Partition – Rule 74; Summary Settlement of Estate In 1989, Antonio Avelino, Sr. died intestate. In 1991, his daughter, Maria Socorro Avelino filed […]
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 […]
A.C. No. 5161 – 471 Phil. 1 – 427 SCRA 108 – Remedial Law – Special Proceedings – Settlement of Estate – Extrajudicial Settlement – Exclusion of an heir Legal Ethics – Disbarment – Deceitful Conduct – Giving Illegal Advice The parents of Isidra Ting-Dumali died intestate and they […]
G.R. No. 129505 / G.R. No. 133359 – 381 Phil. 179 – 324 SCRA 172 – Remedial Law – Special Proceedings – Probate of Will – Probate and Issuance of Letters Testamentary are distinct remedies – Probate Court; Jurisdiction In 1995, Dr. Arturo De Los Santos filed a petition for […]
G.R. No. 161746 – 644 Phil. 15 – 629 SCRA 550 – Remedial Law – Special Proceedings – Settlement of Estate – Prescriptive Period – Fraud in Extrajudicial Settlement In May 1930, Antonio Feliciano died leaving behind a parcel of land. In 1972, an extrajudicial settlement was executed by Leona […]
G.R. No. 121597 – 412 Phil. 807 – 82 SCAD 472 – Remedial Law – Special Proceedings – Settlement of Estate of Deceased Persons – Remedies of a Mortgagee in Mortgages Involving an Estate Allan Chua was the administrator of the estate of Antonio Chua (his dead father). In 1989, […]
G.R. No. 148220 – 499 Phil. 185 – 460 SCRA 197 – Remedial Law – Evidence – Object Evidence – Daubert Test – DNA Evidence – Vallejo Guidelines In May 1998, Armi Alba, mother of minor Rosendo Alba filed a suit against Rosendo Herrera in order for the latter to […]
G.R. No. 127777 – 374 Phil. 474 – 316 SCRA 118 – Remedial Law – Criminal Procedure – Double Jeopardy – Dismissal of Case Without Accused’s Consent In 1991, a special prosecutor filed two identical informations for violation of the tax code against Petronila Tupaz. One information was filed with QC-RTC […]
G.R. No. 153883 – 464 Phil. 151 – 420 SCRA 123 – Political Law – Constitutional Law – Citizenship – Electing Filipino Citizenship Remedial Law – Special Proceedings – Rule 108; Correction of Entries – Use of Aliases In 1999, Chuley Lim filed a petition for correction of entries in […]
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-10033 – 36 Phil. 815 – Civil Law – Succession – Escheat Remedial Law – Special Proceedings – Rule 91; Escheat – No escheat if decedent testate The City of Manila wants certain properties being administered by the Roman Catholic Church to be declared escheated. It claims that […]
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 […]