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 […]
Special Proceedings
84 posts
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. 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 […]
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. No. 202666 – 744 Phil. 451 – 737 SCRA 92 – Political Law – Constitutional Law – Bill of Rights – Right to Privacy – Online Privacy (Social Media)Remedial Law – Special Proceedings – Writ of Habeas DataIn January 2012, Angela Tan, a high school student at St. Theresa’s […]
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. 174689 – 537 SCRA 373 – 562 Phil. 953 – Remedial Law – Special Proceedings – Rule 103; Change of Name – Gender re-assignment does not merit change of name Rommel Jacinto Dantes Silverio is a male transsexual. He’s a biological male who feels trapped in a male […]
G.R. No. 115181 – 385 Phil. 1014 – Remedial Law – Special Proceedings – Rule 78; Petition for Issuance of Letters of Administration – Convertible to Judicial Partition – Rule 74; Summary Settlement of Estate In 1989, Antonio Avelino, Sr. died intestate. In 1991, his daughter, Maria Socorro Avelino filed […]
G.R. No. 166393 – 607 Phil. 446 – Remedial Law – Special Proceedings – Settlement of Estate – Rule 74; Summary Settlement of Estate; Fraudulent Deed of Extrajudicial Settlement Remedial Law – Civil Procedure – Rule 6; Counterclaim – Compulsory vs Permissive Counterclaim Quiterio San Jose and Antonina Espiritu Santo […]
A.C. No. 5161 – 471 Phil. 1 – 427 SCRA 108 – Remedial Law – Special Proceedings – Settlement of Estate – Extrajudicial Settlement – Exclusion of an heir Legal Ethics – Disbarment – Deceitful Conduct – Giving Illegal Advice The parents of Isidra Ting-Dumali died intestate and they […]
G.R. No. 129505 / G.R. No. 133359 – 381 Phil. 179 – 324 SCRA 172 – Remedial Law – Special Proceedings – Probate of Will – Probate and Issuance of Letters Testamentary are distinct remedies – Probate Court; Jurisdiction In 1995, Dr. Arturo De Los Santos filed a petition for […]
G.R. No. 161746 – 644 Phil. 15 – 629 SCRA 550 – Remedial Law – Special Proceedings – Settlement of Estate – Prescriptive Period – Fraud in Extrajudicial Settlement In May 1930, Antonio Feliciano died leaving behind a parcel of land. In 1972, an extrajudicial settlement was executed by Leona […]
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, […]
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. 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 […]