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, […]
Remedial Law
205 posts
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 […]
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. L-36033 – 118 SCRA 195 – Civil Law – Succession – Wills – Testamentary Requirements; Substantial Compliance Remedial Law – Special Proceedings – Settlement of Estate – Probate of Will – Extrinsic Validity; Due Execution of Wills – Liberal Interpretation Dorotea Perez left a will. The will has […]
G.R. No. L-38581 – 70 SCRA 257 – Legal Ethics – Duties of the Solicitor General Remedial Law – Criminal Procedure – Motion for New Trial – New Trial Allowed if Appeal is Perfected; Exception In February 1968, Lorenzo Jose was caught possessing several firearms and explosives. He was prosecuted […]