Author: pinayjurist

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— Civil Law, Remedial Law —

GO vs. UCPB G.R. No. 156187 November 11, 2004 Real v. Personal Action, Real Estate Mortgage

May 27, 2019

FACTS: Petitioner Jimmy Go and Alberto T. Looyuko applied for an Omnibus Line accommodation with respondent UCPB in the amount of 900 Million Pesos. The transaction was secured by Real Estate Mortgages over parcels of land located in Mandaluyong. The approved Omnibus Line accommodation was subsequently cancelled by respondent UCPB. Hence, petitioner demanded the return… Read More GO vs. UCPB G.R. No. 156187 November 11, 2004 Real v. Personal Action, Real Estate Mortgage

— Remedial Law —

A.L. ANG NETWORK, INC., vs. MONDEJAR G.R. No. 200804 January 22, 2014 Small Claims Case Appellate Remedy

May 24, 2019

FACTS: Petitioner filed a complaint for sum of money under the Rule of Procedure for Small Claims Cases before the MTCC, seeking to collect from respondent the amount of ₱23,111.71 which represented her unpaid water bills for the period June 1, 2002 to September 30, 2005. The MTCC rendered a Decision holding that since petitioner… Read More A.L. ANG NETWORK, INC., vs. MONDEJAR G.R. No. 200804 January 22, 2014 Small Claims Case Appellate Remedy

— Remedial Law —

VILLAREAL vs. ALIGA .G.R. No 166995  January 13, 2014 Double Jeopardy, Rule 65

May 24, 2019

FACTS: Consuelo Aliga was charged for the crime of Qualified Theft thru Falsification of Commercial Document allegedly committed by her being then an accountant of Dentrade Inc., who had access to the company’s checking accounts. She was accused of stealing from complainant’s office a check in the amount of P5,000.00, falsified the amount by changing… Read More VILLAREAL vs. ALIGA .G.R. No 166995  January 13, 2014 Double Jeopardy, Rule 65

— Remedial Law —

NOVATEKNIKA vs. PNB G.R. No. 194104  March 13, 2013 Rule 65, Appellate Remedies

May 18, 2019

FACTS: Petitioner Novateknika Land Corporation (NLC), together with 9 other Corporations, entered into a Credit Agreement with PNB for the availment of an omnibus line in the principal amount of ₱500,000,000.00. After 2 Renewal Agreements, their total outstanding principal obligation went up to ₱593,449,464.79. Due to nonpayment depsite repeated demands, PNB filed petitions for extrajudicial… Read More NOVATEKNIKA vs. PNB G.R. No. 194104  March 13, 2013 Rule 65, Appellate Remedies

— Criminal Law, Remedial Law —

PHILIPPINE RABBIT BUS LINES vs. PEOPLE G.R. No. 147703 April 14, 2004 Subsidiary Liability, Appeal in Criminal Cases

May 18, 2019

FACTS: Accused Napoleon Roman was found guilty and convicted of the crime of reckless imprudence resulting to triple homicide, multiple physical injuries and damage to property. The accused had jumped bail and remained at-large. Section 8, Rule 124 of the Rules of Court authorizes the dismissal of appeal when appellant jumps bail. Since the notice… Read More PHILIPPINE RABBIT BUS LINES vs. PEOPLE G.R. No. 147703 April 14, 2004 Subsidiary Liability, Appeal in Criminal Cases

— Constitutional Law, Remedial Law, Taxation —

CITY OF MANILA vs. GRECIA-CUERDO G.R. No. 175723  February 4, 2014 Writ of Certiorari in Tax Cases, CTA Jurisdiction, Local Tax, Tax Remedies

May 16, 2019

FACTS: Petitioner City of Manila, through its treasurer, assessed taxes against private respondents SM Mart, Inc., SM Prime Holdings, Inc., Star Appliances Center, Supervalue, Inc., Ace Hardware Philippines, Inc., Watsons Personal Care Stores Phils., Inc., Jollimart Philippines Corp., Surplus Marketing Corp. and Signature Lines. In addition to the taxes purportedly due from private respondents pursuant… Read More CITY OF MANILA vs. GRECIA-CUERDO G.R. No. 175723  February 4, 2014 Writ of Certiorari in Tax Cases, CTA Jurisdiction, Local Tax, Tax Remedies

— Constitutional Law, Remedial Law —

ESPINAS v. COA G.R. No. 198271  April 1, 2014, Separation of Powers, Rule 64, Rules of Court, Commission on Audit

May 15, 2019

FACTS: Petitioners are department managers of the Local Water Utilities Administration (LWUA), a government-owned and controlled corporation, who, together with 28 other LWUA officials, sought reimbursement of their extraordinary and miscellaneous expenses (EME). The COA, through the Supervising Auditor  (SA) assigned to the LWUA, issued Audit Observation Memorandum (AOM) No. AOM-2006-27, revealing the reimbursements  to… Read More ESPINAS v. COA G.R. No. 198271  April 1, 2014, Separation of Powers, Rule 64, Rules of Court, Commission on Audit

— Constitutional Law, Remedial Law —

TAN vs. DUMARPA G.R. No. 138777  September 22, 2004 Petition for Certiorari under Rule 65, TAN vs. DUMARPA G.R. No. 138777  September 22, 2004 Petition for Certiorari under Rule 65, Judgment by Default, Substantial Justice

May 15, 2019

Suits should as much as possible be decided on the merits and not on technicalities. In this regard, we have often admonished courts to be liberal as default judgments are frowned upon and not looked upon with favor for they may amount to a positive and considerable injustice to petitioner and the possibility of such… Read More TAN vs. DUMARPA G.R. No. 138777  September 22, 2004 Petition for Certiorari under Rule 65, TAN vs. DUMARPA G.R. No. 138777  September 22, 2004 Petition for Certiorari under Rule 65, Judgment by Default, Substantial Justice

— Remedial Law —

PINAUSUKAN SEAFOOD HOUSE vs. FAR EAST BANK & TRUST COMPANY  G.R. No. 159926 January 20, 2014 Petition for Annulment of Judgment

May 15, 2019

FACTS: On various dates in 1993, Bonier de Guzman, President of Pinausukan, executed four real estate mortgages involving the Pinausukan’s parcel of land in favor of Far East Bank. The unpaid obligation secured by the mortgages went up to ₱15,129,303.67. The Bank commenced proceedings for the extrajudicial foreclosure of the mortgages, and two weeks thereafter,… Read More PINAUSUKAN SEAFOOD HOUSE vs. FAR EAST BANK & TRUST COMPANY  G.R. No. 159926 January 20, 2014 Petition for Annulment of Judgment

— Remedial Law —

ROSS RICA SALES CENTER, INC. v. Sps. ONG, Erroneous Appeal, Rule 42

May 13, 2019

FACTS: Ross Rica Sales Center, Inc. and Juanito King and Sons, Inc. (petitioners) had acquired the lands subject in this case from Mandaue Prime Estate Realty through a sale. In turn, it appears that Mandaue Prime Estate Realty had acquired the properties from the respondents through a Deed of Absolute Sale. However, this latter deed… Read More ROSS RICA SALES CENTER, INC. v. Sps. ONG, Erroneous Appeal, Rule 42