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Category: Remedial Law
— Remedial Law —
Ceroferr Realty Corporation v. CA, G.R. No. 139539, February 5, 2002 Cause of Action, Jurisdiction over the Subject Matter, Lack of Cause of Action
FACTS: Plaintiff (Ceroferr Realty) filed with the RTC, a complaint against defendant Ernesto D. Santiago praying that Santiago and his agents: be enjoined from – claiming possession and ownership over Lot No. 68 of the Tala Estate Subdivision, QC,; be prevented from making use of the vacant lot as a jeepney terminal; and be ordered… Read More Ceroferr Realty Corporation v. CA, G.R. No. 139539, February 5, 2002 Cause of Action, Jurisdiction over the Subject Matter, Lack of Cause of Action
— Remedial Law —
Recent Rulings on BAIL
People v. Tanes April 3, 2019 G.R. No. 240596 The right to bail is recognized in the Bill of Rights, as stated in Section 13, Article III of the Constitution: SEC. 13. All persons, except those charged with offenses punishable by reclusion perpetua when evidence of guilt is strong, shall, before conviction, be bailable by… Read More Recent Rulings on BAIL
Cosco Philippines Inc. v. Kemper Insurance Co., G.R. No. 179488, April 23, 2012 Verification and Certification Against Forum Shopping
FACTS: Respondent Kemper Insurance Company, a foreign insurance company not doing business in the Philippines, except in isolated transactions, insured the shipment of imported frozen boneless beef, which was loaded at a port in Brisbane, Australia, for shipment to Genosi, Inc. in the Philippines. However, upon arrival at the Manila port, a portion of the… Read More Cosco Philippines Inc. v. Kemper Insurance Co., G.R. No. 179488, April 23, 2012 Verification and Certification Against Forum Shopping
— 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
— 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]
— 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
— Civil Law, Remedial Law —
LACHES; ESTOPPEL BY LACHES; Elements & Principles — Recent Rulings of the Supreme Court
VICTORIA MANUFACTURING CORP. EMPLOYEES UNION v. VICTORIA MANUFACTURING CORP. G.R. No. 234446 July 24, 2019 The doctrine of estoppel by laches, pursuant to the ruling in Tijam, et al. v. Sibonghanoy, may operate to bar jurisdictional challenges. In that case, lack of jurisdiction was raised for the first time only in a motion for reconsideration filed… Read More LACHES; ESTOPPEL BY LACHES; Elements & Principles — Recent Rulings of the Supreme Court
— Remedial Law —
PRESUMPTIONS: Recent Rulings on the Concept, Disputable Presumptions, and other Evidentiary Presumptions
Disputable presumptions Presumption in favor of conjugality Presumption of authenticity and due execution Presumption of good faith Presumption of sound mind Presumption of validity Presumption of innocence of the accused Presumption of authenticity and due execution Concept —A presumption is an assumption of fact resulting from a rule of law which requires such fact to… Read More PRESUMPTIONS: Recent Rulings on the Concept, Disputable Presumptions, and other Evidentiary Presumptions