Remedial Law

Republic v. Hon. Ramon S. Caguioa, et al. G.R. No. 174385 February 20, 2013 Relaxation of Procedural Rules for Compelling Reasons, Due Process

FACTS: Lower court petitioners composed of importers and traders duly licensed to operate inside the Subic Special Economic and Freeport Zone (SSEFZ) filed before the respondent judge a petition for declaratory relief with prayer for TRO and preliminary mandatory injunction against the Secretary of Finance, et al., seeking to nullify the implementation of Section 6… Read More Republic v. Hon. Ramon S. Caguioa, et al. G.R. No. 174385 February 20, 2013 Relaxation of Procedural Rules for Compelling Reasons, Due Process

Statutory Construction

STATUTORY CONSTRUCTION Interpretative Regulations, Lex Specialis Derogat Generali, Plain and Unambiguous Statutes

Defect of vagueness –– A statute or act suffers from the defect of vagueness when it lacks comprehensible standards that men of common intelligence must necessarily guess at its meaning and differ as to its application; it is repugnant to the Constitution in two (2) respects: 1) it violates due process for failure to accord… Read More STATUTORY CONSTRUCTION Interpretative Regulations, Lex Specialis Derogat Generali, Plain and Unambiguous Statutes

Remedial Law

Recent Rulings on [Conclusiveness of Judgment, Harmless Error Rule, Doctrine of Immutability of Judgments, Judgment on Compromise, Finality of Judgment, Execution of Judgment]

Annulment of judgment, as provided for in Rule 47, is based only on the grounds of extrinsic fraud and lack of jurisdiction; jurisprudence, however, recognizes lack of due process as an additional ground to annul a judgment; it is unlike a motion for reconsideration, appeal or even a petition for relief from judgment, because annulment… Read More Recent Rulings on [Conclusiveness of Judgment, Harmless Error Rule, Doctrine of Immutability of Judgments, Judgment on Compromise, Finality of Judgment, Execution of Judgment]

Civil Law

Recent Rulings on SALES

Concept and elements –– Art. 1458 of the Civil Code describes a contract of sale as a transaction by which “one of the contracting parties obligates himself to transfer the ownership of and to deliver a determinate thing, and the other to pay therefor a price certain in money or its equivalent”; the elements of… Read More Recent Rulings on SALES

Civil Law

Wiegel v. Sempio-Diy G.R. No. L-53703 August 19, 1986 Void and Voidable Marriage

FACTS: Karl Heinz Wiegel filed for the declaration of Nullity of his marriage with herein petitioner Lilia Oliva Wiegel on the ground of Lilia’s previous existing marriage to one Eduardo A. Maxion.  Lilia, while admitting the existence of said prior subsisting marriage claimed that said marriage was null and void, she and the first husband… Read More Wiegel v. Sempio-Diy G.R. No. L-53703 August 19, 1986 Void and Voidable Marriage

Remedial Law

Emcor v. Sienes G.R. No. 152101 September 8, 2009 Curative Statutes

FACTS: Respondent Ma. Lourdes Sienes filed a case for illegal dismissal and damages against petitioner alleging that her retrenchment was discriminatory and without basis. Petitioner argued that respondent was retrenched as part of its cost-cutting measures in order to prevent further losses. The Labor Arbiter issued a Decision dismissing the case. Aggrieved, respondent filed an… Read More Emcor v. Sienes G.R. No. 152101 September 8, 2009 Curative Statutes

Remedial Law

Jurisdiction of the MeTC, MTC, MCTC, and the RTC under B.P. Blg. 129, as amended by R.A. 7691 and OCA Circular 45-2019

JURISDICTION OF METROPOLITAN TRIAL COURTS, MUNICIPAL TRIAL COURTS, MUNICIPAL CIRCUIT TRIAL COURTS: Section 32. Jurisdiction of Metropolitan Trial Courts, Municipal Trial Courts and Municipal Circuit Trial Courts in criminal cases. – Except in cases falling within the exclusive original jurisdiction of Regional Trial Courts and of the Sandiganbayan, the Metropolitan Trial Courts, Municipal Trial Courts,… Read More Jurisdiction of the MeTC, MTC, MCTC, and the RTC under B.P. Blg. 129, as amended by R.A. 7691 and OCA Circular 45-2019

Constitutional Law, Political Law

Salonga v. Cruz-Pano G.R. No. L-59524 February 18, 1985 Symbolic Function of the Supreme Court

FACTS: A rash of bombings occurred in the Metro Manila area in the months of August, September and October of 1980. On September 6, 1980, an explosion in his room at the YMCA building in Manila led to the arrest of the injured Victor Burns Lovely, Jr., an American citizen.  Found in Lovely’s possession were… Read More Salonga v. Cruz-Pano G.R. No. L-59524 February 18, 1985 Symbolic Function of the Supreme Court

Civil Law

OPULENCIA v. CA G.R. No. 125835 July 30, 1998 Succession, Hereditary Rights

FACTS: Private respondents filed a complaint for specific performance against herein petitioner Natalia Carpena Opulencia, alleging that she executed in their favor a CONTRACT TO SELL Lot 2125 of the Sta. Rosa Estate, consisting of 23,766 sqms.; that plaintiffs paid a downpayment of P300,000.00 but Opulencia, despite demands, failed to comply with her obligations under… Read More OPULENCIA v. CA G.R. No. 125835 July 30, 1998 Succession, Hereditary Rights