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 […]
Remedial Law
212 posts
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 […]
A.M. No. 2026-CFI – 110 SCRA 388 – Civil Law – Succession – Will Should be Written in a Language Known to the Testator Remedial Law – Special Proceedings – Rule 76 – Grounds for Disallowing Will – Will not Duly Executed; Extrinsic Validity Legal Ethics – Judicial Ethics – […]
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 […]
G.R. No. 120496 – 259 SCRA 120 – 328 Phil. 426 – Remedial Law – Civil Procedure – Certification of Non-Forum Shopping Should Be Signed by Plaintiff NOT Counsel One night in November 1991 at about 11pm, Ignacio Torres, while driving a bus owned by Five Star Bus Company collided […]
G.R. No. 144755 – 459 SCRA 604 – Civil Law – Secured Transactions – Mortgage – Terms of Loan Remedial Law – Civil Procedure – Non-Forum Shopping – Certification – Signature of both spouses – Pro-Forma Complaint The spouses Estares secured a loan of P800k from Prominent Lending & Credit […]
G.R. No. 131502 – 333 SCRA 390 – Mercantile Law – Intellectual Property – Law on Copyright – Forum Shopping – Litis Pendentia Remedial Law – Civil Procedure – Rule 36 – Judgment – Body vs Dispositive Portion Wilson Ong Ching Kian Chung is selling vermicelli (sotanghon) using his copyrighted […]
G.R. No. L-56449 – 153 SCRA 412 – Civil Law – Land Titles and Deeds – Essence of Registration in General Jose Ching et al and the Spouses Cesar and Araceli Alvarado were disputing possession over a parcel of land. Ching averred that the Alvarados encroached upon their land. An […]