Remedial Law

Enriquez v. Enriquez G.R. No. 139303 August 25, 2005 Payment of Docket Fees, Statutory Construction, Liberal Interpretation of the Rules of Procedure

FACTS: Maximo Enriquez, later substituted by his heirs (now respondents), filed with the a complaint for partition against petitioners, involving a parcel of land covered by TCT No. T-28593, with an area of 44,984 sqms. He alleged that he owns 10/18 undivided portion of the property, 9/18 by purchase and 1/18 by inheritance; and that… Read More Enriquez v. Enriquez G.R. No. 139303 August 25, 2005 Payment of Docket Fees, Statutory Construction, Liberal Interpretation of the Rules of Procedure

Bar Q & A, Remedial Law

SUGGESTED ANSWERS TO THE 2018 BAR EXAMINATION in REMEDIAL LAW UP Law Complex

I. Danielle, a Filipino citizen and permanent resident of Milan, Italy, filed with the Regional Trial Court (RTC) of Davao City, where she owns a rest house, a complaint for ejectment against Dan, a resident of Barangay Daliao, Davao City. Danielle’s property, which is located in Digos City, Davao del Sur, has an assessed value… Read More SUGGESTED ANSWERS TO THE 2018 BAR EXAMINATION in REMEDIAL LAW UP Law Complex

Remedial Law

EVERSLEY CHILDS SANITARIUM v. SPOUSES ANASTACIO PERLABARBARONA G.R. No. 195814 APRIL 4, 2018 J. Leonen Unlawful Detainer, Jurisdiction

FACTS: Eversley is a public health facility operated by the DOH primarily to administer care and treatment to leprosy patients. Since 1930, it has occupied a portion of a parcel of land denominated as Lot No. 1936 in Jagobiao, Mandaue City, Cebu. Spouses Barbarona allege that they are the owners of Lot No. 1936 by… Read More EVERSLEY CHILDS SANITARIUM v. SPOUSES ANASTACIO PERLABARBARONA G.R. No. 195814 APRIL 4, 2018 J. Leonen Unlawful Detainer, Jurisdiction

Constitutional Law, Remedial Law

People v. CA and Cerbo G.R. No. 126005 January 21, 1999 Probable Cause, Executive and Judicial Determination of Probable cause

FACTS: Rosalinda Dy was shot at point blank range by private respondent Jonathan Cerbo in the presence and at the office of his father, private respondent Billy Cerbo.  The 3rd Municipal Circuit Trial Court of Nabunturan-Mawab, Davao, after a preliminary investigation, found “sufficient ground to engender a well-founded belief” that the crime of murder has… Read More People v. CA and Cerbo G.R. No. 126005 January 21, 1999 Probable Cause, Executive and Judicial Determination of Probable cause

Remedial Law

Bautista v. Maya-Maya Cottages, Inc., G.R. No. 148411, November 29, 2005 Amended ComplaintBautista v. Maya-Maya Cottages, Inc., G.R. No. 148411, November 29, 2005 Amended Complaint

FACTS: Petitioners, Sps. Rafael and Ligaya Bautista, are the registered owners of the subject lot located in Nasugbu, Batangas, as evidenced by Original Certificate of Title (OCT) No. P-1436 issued in their names by the Register of Deeds. On May 13, 1996, Maya-Maya Cottages, Inc. (MMCI), respondent, filed with the RTC of Nasugbu, a complaint… Read More Bautista v. Maya-Maya Cottages, Inc., G.R. No. 148411, November 29, 2005 Amended ComplaintBautista v. Maya-Maya Cottages, Inc., G.R. No. 148411, November 29, 2005 Amended Complaint

Remedial Law

Fredesvindo S. Alvero v. M.L. De La Rosa et. al. G.R. No. L-286, March 29, 1946 Appeal, Rules of Court

FACTS: Respondent Jose R. Victoriano filed a complaint against petitioner and one Margarita Villarica, alleging two causes of action, to wit:  (1) to declare in force the contract of sale, made on October 1, 1940, between Victoriano and Villarica, of two (2) parcels of land, which land was subsequently sold by Villarica, to Alvero, on… Read More Fredesvindo S. Alvero v. M.L. De La Rosa et. al. G.R. No. L-286, March 29, 1946 Appeal, Rules of Court

Remedial Law

SM Land, Inc. v. City of Manila G.R. No. 197151, October 22, 2012 Verification and Certification of Non-forum Shopping, Inherent Power of the Supreme Court to Suspend its own Rules

FACTS: Respondent City of Manila assessed herein petitioners, together with their other sister companies, increased rates of business taxes for the year 2003 and the first to third quarters of 2004. Petitioners and their sister companies paid the additional taxes under protest. Respondent City Treasurer of Manila denied petitioners’  claim for  credit or refund of… Read More SM Land, Inc. v. City of Manila G.R. No. 197151, October 22, 2012 Verification and Certification of Non-forum Shopping, Inherent Power of the Supreme Court to Suspend its own Rules

Remedial Law

Asset Privatization Trust v. CA, G.R. No. 121171, December 29, 1998 Jurisdiction

FACTS: MMIC, a domestic corporation engaged in mining, was granted the exclusive right to explore, develop and exploit nickel, cobalt and other minerals in the Surigao mineral reservation.  Through the efforts of the government to support the financing of MMIC the DBP approved guarantees in favor of MMIC. MMIC, PNB and DBP executed a Mortgage… Read More Asset Privatization Trust v. CA, G.R. No. 121171, December 29, 1998 Jurisdiction

Remedial Law

AYALA LAND v. MORRIS CARPO, ET AL. G.R. No. 140162 November 22, 2000 Payment of Docket Fees

FACTS: Respondent spouses Morris and Socorro Carpo brought an action against Ayala Land, Inc. (ALI) for quieting of title.  Respondents claimed to be the true and lawful owners of a 171,309-sqm parcel of land in Las Piñas registered under Transfer Certificate of Title No. 296463 in their names.  They sought the annulment of the following… Read More AYALA LAND v. MORRIS CARPO, ET AL. G.R. No. 140162 November 22, 2000 Payment of Docket Fees

Remedial Law

Santo Tomas University Hospital v. Surla, et al., G.R. No. 129718, August 17, 1998 Certification against Forum Shopping, Compulsory Counterclaim

FACTS: Respondent spouses filed a complaint for damages against petitioner Santo Tomas University Hospital alleging that their son, Emmanuel Cesar Surla, while confined at the said hospital for having been born prematurely, had accidentally fallen from his incubator, possibly causing serious harm on the child.  Petitioner hospital filed its Answer with “Compulsory Counterclaim” asserting that… Read More Santo Tomas University Hospital v. Surla, et al., G.R. No. 129718, August 17, 1998 Certification against Forum Shopping, Compulsory Counterclaim