Category: Remedial Law

— Remedial Law —

Paderanga vs. Buissan, GR. No. 49475, September 28, 1993 Venue of Actions, Recovery of Possession of Real Property

December 30, 2025

FACTS: Sometime in 1973, petitioner JORGE C. PADERANGA and private respondent ELUMBA INDUSTRIES COMPANY, entered into an oral contract of lease for the use of a commercial space within a building owned by petitioner in Ozamiz City.  The lease was for an indefinite period although the rent of P150.00 per month was paid on a… Read More Paderanga vs. Buissan, GR. No. 49475, September 28, 1993 Venue of Actions, Recovery of Possession of Real Property

— Criminal Law, Remedial Law —

People vs. Eddie Manansala, G.R. No.233104, September 2, 2020 CCTV, Rules on Electronic Evidence, Murder, Treachery, Circumstantial Evidence

May 28, 2025

FACTS: Accused-appellant Eddie Manansala  On November 2, 2013, at around 8 o’clock in the evening, brothers Edward and Elmer Reyes were in front of their rented apartment owned by the victim Armando Ramos who also resides there, when suddenly they heard a gunshot inside the house. Edward then saw Manansala facing towards the direction of… Read More People vs. Eddie Manansala, G.R. No.233104, September 2, 2020 CCTV, Rules on Electronic Evidence, Murder, Treachery, Circumstantial Evidence

— Civil Law, Remedial Law —

Moreno v. Kahn G.R. No. 217744, July 30, 2018 Family Code, Earnest Effort Requirement, Motu Proprio Dismissal of Complaint, Condition Precedent

April 30, 2025

FACTS: Since May 1998, petitioner Jose Z. Moreno and his family, as lessees, have been occupying two (2) parcels of land covered by TCT Nos. 181516 and 181517 (subject lands) co-owned by his full-blooded sister, respondent Consuelo Moreno Kahn­Haire and her children, Rene, Luis, Philippe, and Claudine. In 2003, respondents offered to sell to Jose… Read More Moreno v. Kahn G.R. No. 217744, July 30, 2018 Family Code, Earnest Effort Requirement, Motu Proprio Dismissal of Complaint, Condition Precedent

— Criminal Law, Remedial Law —

Daayata v. People G.R. No. 205745, March 8, 2017 Corpus Delicti, Proof Beyond Reasonable Doubt 

January 10, 2024

FACTS: Petitioners Capistrano Daayata, Dexter Salisi, and Bregido Malacat, Jr. were charged with frustrated murder. Upon arraignment, all three accused, now petitioners, pleaded not guilty. Trial then ensued. According to the prosecution, on December 16, 1995, at about 6:00 p.m., Bahian went to the house of Kagawad Abalde to report to Kagawad Abalde a violent… Read More Daayata v. People G.R. No. 205745, March 8, 2017 Corpus Delicti, Proof Beyond Reasonable Doubt 

— Criminal Law, Remedial Law —

Casilag v. People G.R. No. 213523, March 18, 2021 Presumption of Innocence, Section 21 of R.A. No. 9165 (Acquitted)

January 2, 2024

FACTS: On April 16, 2010, PO1 Ramos and company, of the San Pedro Municipal Police Station were conducting a monitoring and surveillance operation of persons involved in illegal drug activities in Barangay Cuyab, Gitna, San Pedro, Laguna, after receiving information that illegal drugs were being sold thereat rampantly. While walking towards an alley, PO1 Ramos… Read More Casilag v. People G.R. No. 213523, March 18, 2021 Presumption of Innocence, Section 21 of R.A. No. 9165 (Acquitted)

— Civil Law, Remedial Law —

SANTIAGO v. JORNACION G.R. No. 230049. October 06, 2021 Paternity and Filiation, DNA Evidence Rule, Family Code, Best Interest of the Child Principle

September 20, 2023

FACTS: Bernie Santiago, claiming to be the biological father of Sofia, filed a petition with the RTC which sought to establish his paternity with Sofia and to have the City Civil Registrar of Marikina City correct some entries in Sofia’s Birth Certificate.  He averred that Sofia was the fruit of his romantic relationship with Magdalena… Read More SANTIAGO v. JORNACION G.R. No. 230049. October 06, 2021 Paternity and Filiation, DNA Evidence Rule, Family Code, Best Interest of the Child Principle

— Civil Law, Remedial Law —

Casupanan v. Laroya G.R. No. 145391, August 26, 2002 Independent Civil Action, Forum-Shopping, Culpa Aquiliana

September 5, 2023

FACTS: Two vehicles, one driven by respondent Mario Laroya and the other owned by petitioner Roberto Capitulo and driven by petitioner Avelino Casupanan, figured in an accident.  As a result, two cases were filed with the MCTC of Capas, Tarlac.  Laroya filed a criminal case against Casupanan for reckless imprudence resulting in damage to property,… Read More Casupanan v. Laroya G.R. No. 145391, August 26, 2002 Independent Civil Action, Forum-Shopping, Culpa Aquiliana

— Remedial Law, Special Proceedings —

Republic v. Judge Villarama, Jr. G.R. No. 117733 September 5, 1997 Probate Proceedings, Jurisdiction of the Probate Court

July 23, 2023

FACTS: Petitioner Republic of the Philippines filed an action for  the Probate of the Will of Ferdinand E. Marcos  claiming that during his exile, the late President Marcos executed his last will and testament in Hawaii, USA, with his wife Imelda Marcos and son Ferdinand R. Marcos II as executors. Petitioner prayed that the letters… Read More Republic v. Judge Villarama, Jr. G.R. No. 117733 September 5, 1997 Probate Proceedings, Jurisdiction of the Probate Court

— Criminal Law, Remedial Law —

Soller v. Sandiganbayan G.R. No. 144261-62, May 9, 2001 Criminal Procedure, Jurisdiction of the Sandiganbayan

July 5, 2023

FACTS: In the evening of March 14, 1997, Jerry Macabael, a municipal guard, was shot and killed along the national highway at Bansud, Oriental Mindoro while driving a motorcycle together with petitioner Soller’s son, Vincent M. Soller. His body was brought to a medical clinic located in the house of petitioner Dr. Prudente Soller, the… Read More Soller v. Sandiganbayan G.R. No. 144261-62, May 9, 2001 Criminal Procedure, Jurisdiction of the Sandiganbayan

— Mercantile Law, Remedial Law —

NEW PACIFIC TIMBER & SUPPLY COMPANY, INC. v. Seneris G.R. No. L-41764 December 19, 1980 Nature of a Cashier’s Check, Grave Abuse of Discretion

May 11, 2023

FACTS: Petitioner is the defendant in a complaint for collection of a sum of money filed by the private respondent Ricardo Tong. On July 19, 1974, a compromise judgment was rendered by the respondent Judge Alberto Seneris in accordance with an amicable settlement entered into by the parties. For failure of the petitioner to comply… Read More NEW PACIFIC TIMBER & SUPPLY COMPANY, INC. v. Seneris G.R. No. L-41764 December 19, 1980 Nature of a Cashier’s Check, Grave Abuse of Discretion