G.R. No. 152526 – 444 SCRA 250 – Civil Law – Law on Sales – Perfected Contract of Sale; Meeting of Minds Remedial Law – Civil Procedure – Material Allegations in the Complaint -Real Action vs Personal Action Juan Jose Jordana wrote a letter to Madeliene Bunye offering that he will buy […]
Remedial Law
G.R. No. 66130 – 236 SCRA 336 – Civil Law – Land Titles and Deeds – Land Registration – Submission of Tracing Cloth Plan is mandatory Remedial Law – Evidence – Best Evidence Rule – Secondary Evidence; when admitted – Before blueprint of survey plan is admitted, loss of original […]
G.R. No. 120132 – 250 SCRA 629 (321 Phil. 224) – Civil Law – General Principles – Social Justice – Urban Development and Housing Act of 1991 Remedial Law – Civil Procedure – Special Civil Actions – Ejectment – Ejectment of Informal Settlers – Urban Development and Housing Act of […]
G.R. No. 102380 – 217 SCRA 186 – Civil Law – Law on Property – Partition – Co-ownership – Sale of a Portion of an Estate Subject to Partition Remedial Law – Special Proceedings – Settlement of estate of deceased persons – Rule 89 – Approval of Sale involving portions […]
G.R. No. 129742 – 295 SCRA 470 – Political Law – The Judiciary – Powers of the Judiciary – Appellate Power of the Supreme Court may not be expanded by Congress Remedial Law – Civil Procedure – Rule 43 – Appeal from Decisions of Quasi-Judicial Bodies; Appeal from decisions of […]
G.R. No. L-41053 – 69 SCRA 556 – Remedial Law – Civil Procedure – Rule 16; Motion to Dismiss; Grounds – Res Judicata – Interlocutory Order – When is an order appealable In 1962, Pedro San Miguel filed a partition case against Pablo San Miguel involving a parcel of land (Lot […]
G.R. No. 121962 – 366 Phil. 166; 96 OG No. 42 – 306 SCRA 497 – Remedial Law – Civil procedure – Petition for Certiorari – Rule 65 Labor Law – Jurisdiction and Reliefs – NLRC Rules – Decisions of the NLRC; when subject to certiorariEsperanza Escorpizo was a high […]
G.R. No. L-38308 – 218 Phil. 578 – 133 SCRA 616 – Remedial Law – Criminal Procedure – De Oficio Prosecution – “Private Crimes” In July 1972, Julian Teves submitted a thumbmarked letter-complaint to Pablo Cabahug, the City Fiscal of Dumaguete. The letter-complaint alleges that he is charging criminally his […]
G.R. No. 164195 – 543 Phil. 497 – 514 SCRA 537 – Civil Law – Property – Eminent Domain – Determination of Just Compensation APO Fruits Corporation, Inc. (AFC) and Hijo Plantation Inc. (HPI) were owners of 5 parcels of land (1338.60 has.) located in San Isidro, Tagum, Davao. On […]
G.R. No. 141536 – 405 Phil. 413 – 352 SCRA 738 – Civil Law – Conflict of Laws – Processual Presumption – Forum Non Conveniens Remedial Law – Civil Procedure – Rule 34 – Summary Judgment Gil Miguel Puyat, a foreigner, lost a collection suit filed against him by Ron […]
G.R. No. 138896 – 389 Phil. 466 – 334 SCRA 127 – Political Law – Municipal Corporations – Eminent Domain – Expropriation – BP 129 Remedial Law – Civil Procedure – Special Civil Actions – Jurisdiction of Expropriation Cases- BP 129 In 1997, Brgy. San Roque of Talisay, Cebu, […]
G.R. No. L-18770 – 122 Phil. 46 – 14 SCRA 694 – Political Law – Constitutional Law – The Executive Department – Powers of the President – Amnesty; When it cannot be invokedRemedial Law – Criminal Procedure – New Trial – Recantation of Witness Testimony Eugenio Pasilan was a former […]
G.R. No. 170566 – 519 Phil. 71 – 484 SCRA 76 – Criminal Law – Book I – Aggravating Circumstances; Must be alleged in the Information Civil Law – Torts and Damages – Exemplary Damages; When awarded in criminal cases Remedial Law – Criminal Procedure – Aggravating Circumstances; Must be […]
G.R. No. 126021 – 383 Phil. 988 – Criminal Law – Book I – Aggravating Circumstances – Ignominy – Principal by Inducement Remedial Law – Criminal Procedure – Information; All aggravating circumstances must be alleged Political Law – Constitutional Law – Bill of Rights – Right to be informed of […]
G.R. No. 121087 – 372 Phil. 21 – 313 SCRA 153 – Criminal Law – Book I – Aggravating Circumstances – Crime Committed in Places where Official duties are discharged Remedial Law – Evidence – Exclusionary Rule – RA 4200 – No wire tapping if communication is not private In […]
G.R. No. 127840 – 377 Phil. 445 – 319 SCRA 422 – Criminal Law – Book I – Aggravating Circumstances – Dwelling, Abuse of Strength, Disregard of Victim’s Sex Remedial Law – Evidence – Testimonies of Children On June 11, 1995, Roland Paraiso and a John Doe entered the […]