G.R. No. L-81147 – 174 SCRA 154 – Remedial Law – Special Proceedings – Settlement of Estate – Intestacy – No need for Settlement of Estate proceedings if decedent died intestate and debtless In January 1983, Andres Pereira died. He was survived by his wife (Victoria Pereira) and his sister […]
Remedial Law
213 posts
G.R. No. L-56340 – 122 SCRA 885 – Remedial Law – Special Proceedings – Settlement of Estate – Probate Court; Jurisdiction – General Rule: Probate Courts cannot resolve issues of ownership Alvaro Pastor, Sr. died in June 1966. In October 1966, his wife died. Pastor Sr. had three children. Two […]
G.R. No. L-39532 – 91 SCRA 540 – Remedial Law – Special Proceedings – Settlement of Estate – Jurisdiction of Probate Court – General Rule: Probate court cannot rule on issue of ownership; Exclusion of Property from Estate is an Interlocutory Order; Estates of deceased spouses may be settled jointly […]
G.R. No. 167975 – 760 Phil. 625 – 758 SCRA 659 – Remedial Law – Special Proceedings – Settlement of Estate of Deceased Persons – Jurisdiction of Probate Court – Probate court, as a rule, cannot rule on issues of ownership In 1997, Spouses Ernesto and Gilda Jardeleza filed an […]
G.R. No. 240199 – 851 Phil. 1143 – Remedial Law – Special Proceedings – Settlement of Estate of Deceased Persons – General Principles – When does successional rights commence?Civil Law – Succession – Start of Successional Rights In 1986, Amanda Burgos executed a will whereby she devised a property in […]
A.M No. 06-7-414-RTC – 562 Phil. 597 – Remedial Law – Special Proceedings – General Principles – Special Proceedings Cases are Non-Adversarial – Rule 108 cases may be summary or adversarial; Need of publication; RA 9048 is not meant to be applied in judicial proceedings In 2005, an audit was […]
G.R. No. 209527 – 826 Phil. 88 – Remedial Law – Special Proceedings – Rule 108 – Correction of Entries – Rule 108 vs Rule 103 – Rule 108 covers both minor and substantial corrections In 2009, Virgel Tipay petitioned before the court for the correction of entries in his […]
G.R. No. 196049 – 700 SCRA 69 – Remedial Law – Special Proceedings – Proving a Fact – Matter of proving foreign law is covered by special proceedings Civil Law – Persons and Family Relations – Dissolution of Marriage – Petition for Annulment – Divorce Obtained Abroad – Who may […]
G.R. No. 172547 – 591 SCRA 350 – 609 Phil. 134 – Remedial Law – Summary proceedings – Rule 70 – Ejectment; Forcible Entry – Possession – better Right Civil Law – Succession – When does successional right start Fe Factor was an heiress of a huge real estate in […]
G.R. No. 246579 – Remedial Law – Criminal Procedure – Rule 113; Arrest – Valid Warrantless Arrest; Hot Pursuit – Personal Knowledge May Be Obtained by Viewing a Security Footage Ramon Solomon robbed a grocery store and the incident was caught by a closed circuit TV camera (CCTV). The grocery […]
G.R. No. 166676 – 586 Phil. 637 – 565 SCRA 72 – Remedial Law – Special Proceedings – Change of Name – Correction of Entries – Instance where a biological female is allowed to be registered as male Civil Law – Civil Status – Registration of Births Jennifer Cagandahan was […]
G.R. No. 207707 – 879 Phil. 313 – Remedial Law – Civil Procedure – Motion to Dismiss – Lack of Cause of Action – Failure to Comply with a Condition Precedent – Failure to Undergo Barangay Conciliation Antonio Ngo filed a civil case against Visitacion Gabelo et al. Gabelo, in […]
G.R. No. 194239 – 760 Phil. 304 – 798 SCRA 292 – Remedial Law – Rules of Procedure in Environmental Cases – Writ of Kalikasan; Environmental Protection Order – Parties in Interest – Claim for Damages not allowed in Environmental CasesThe First Philippine Industrial Corporation (FPIC) maintains a 117 kilometer […]
G.R. No. 209271; G.R. No. 209276; G.R. No. 209301; G.R. No. 209430 – 774 Phil. 508 – 791 Phil. 243 – Remedial Law – Rules of Procedure on Environmental Cases – Writ of Kalikasan – Precautionary Principle Moot and Academic Principle – Exceptions; Capable of Repetition Yet Evading Review Doctrine […]
G.R. No. 252117 – 878 Phil. 628 – Remedial Law – Criminal Procedure – Rule 114; Bail – Release of Prisoners on Humanitarian Consideration; Covid-19 Pandemic – Nelson Mandela Rules Dionisio Almonte and his co-petitioners were alleged members of the New People’s Army (NPA) who were arrested for committing multiple […]
G.R. No. 179267 – 712 Phil. 44 – 699 SCRA 352 – Political Law – Constitutional Law – Basic Principles – Equal Protection Clause – The VAWC Law is not violative of the equal protection clause Remedial Law – Jurisdiction of Courts – The Family Court may act on issues […]