G.R. No. 210164 – 767 Phil. 51 – Political Law – Election Law – Republic Act No. 9225 – Qualifications of Local Elective Candidates – Citizenship Requirements – Dual Allegiance Remedial Law – Evidence – Formal Offer of Evidence – Evidence not Offered Rommel Arnado was a natural-born Filipino. Later, […]
Remedial Law
212 posts
Rules of Court are liberally construed in quasi-judicial proceedings but strictly adhered to in regular court proceedings G.R. No. 101699 – 325 Phil. 145 – 254 SCRA 673 – Remedial Law – Civil Procedure – Service of Summons – Jurisdiction over the person In 1986, Gil Abaño, the treasurer of […]
A notarial will must have a documentary stamp Without a documentary stamp, it is not admissible in evidence in a probate proceeding At any rate, the documentary stamp may be affixed at the time the taxable document is presented in evidence, not necessarily at the execution of the will G.R. […]
G.R. Nos. 79937-38 – 252 Phil. 280 – 170 SCRA 274 – Remedial Law – Civil Procedure – Filing of a Complaint – Docket Fees In 1984, Sun Insurance Office, Ltd. was sued by Manuel Tiong before the Quezon City RTC. In the body of his complaint, Tiong claimed damages […]
G.R. No. 202666 – 737 SCRA 92 – Political Law – Constitutional Law – Bill of Rights – Right to Privacy – Online Privacy (Social Media) Remedial Law – Special Proceedings – Writ of Habeas Data In January 2012, Angela Tan, a high school student at St. Theresa’s College (STC), […]
G.R. No. 183975 – 645 Phil. 218 – 630 SCRA 659 – Remedial Law – Criminal Procedure – Appellant’s Brief; Failure to File – Abandonment of Appeal Legal Ethics – Legal Profession – Negligence of Counsel Binds Client In 2006, Gregorio Dimarucot was convicted of frustrated homicide. Dimarucot, through counsel […]
G.R. No. 102942 – 338 Phil. 105 – 271 SCRA 391 – Remedial Law – Criminal Procedure – Answer with Counterclaim in Criminal Case Not Allowed In 1991, Amado Cabaero and one other was sued for estafa by Epifanio Ceralde. After Cabaero was arraigned, he filed an Answer with Counterclaim […]
G.R. No. 136975 – 494 Phil. 306 – 454 SCRA 301 – Taxation Law – Tax Collection – Assessment Remedial Law – Evidence – Documentary Evidence Best Evidence Rule in Taxation vs Best Evidence Rule under the Rules of Court In 1989, an informant informed the Counter-Intelligence Division of the Economic […]
G.R. No. L-34840 – 200 Phil. 583 – 115 SCRA 193 – Remedial Law – Rule 141 – Payment of Docket Fees Civil Procedure – Pleadings – Amendments In September 1970, Mario Magaspi et al filed a civil complaint against The Shell Co. of the Philippines (Shell) for recovery of […]
G.R. No. 195432 – 742 Phil. 37 – Civil Law – Persons and Family Relations – Family Code – Article 26; Foreign Divorce; how recognized Remedial Law – Evidence – Foreign Divorce; Must be proven as a matter of fact In 2001, Edelina Tungul married a Japanese citizen named Yuichiro Kobayashi. […]
G.R. No. 186571 – 642 Phil. 420 – 628 SCRA 266 – Civil Law – Persons and Family Relations – Family Code – Marriage; Void Marriages – Article 26; Effect of Foreign Divorce Remedial Law – Evidence – Presumptive Evidence – Foreign Judgment; Divorce Civil Procedure – Rule 39 – Rights […]
G.R. No. 169766 – 662 Phil. 203 – 646 SCRA 637 – Civil Law – Persons and Family Relations – Family Code – Marriage – Void Marriages – Article 35 – Nullity of Marriage – Bigamy Remedial Law – Special Proceedings – Petition for Declaration of Void Marriage – Collusion – […]
G.R. No. 159218 – 470 Phil. 420 – 426 SCRA 562 – Civil Law – Persons and Family Relations – Family Code – Marriage – Void Marriages – Article 35 – Bigamy – Prejudicial Question Remedial Law – Criminal Procedure – Prejudicial Question In 1967, Narcisa Arceño married Salvador Abunado. Later, Arceño […]
G.R. No. 103200 – 236 SCRA 78 – Remedial Law – Civil Procedure – Motion to Dismiss – Grounds for Dismissal In 1989, a conflict between La Naval Drug Corporation and a certain Wilson Yao arose regarding a lease contract. Yao invoked a provision in the lease contract whereby pursuant to […]
G.R. No. 109957 – 324 Phil. 70 – 253 SCRA 705 – Remedial Law – Civil Procedure – Service of Summons – Voluntary Appearance In 1983, Joven Yasay filed an ejection case against Antonio Navale, Eligio Valdehueza, and several others. The Municipal Trial Court in Cities (in Cagayan de Oro) […]
G.R. No. 175241 – 627 Phil. 331 – 613 SCRA 518 – Political Law – Constitutional Law – Freedom of Expression – Clear and Present Danger Test – Modification of a Rally Permit Remedial Law – Criminal Procedure – Rule 111 – Prejudicial Question In June 2006, the Integrated Bar […]