Remedial Law

Optima Realty Corporation V. Hertz Phil. Exclusive Cars, Inc., G.R. No. 183035, January 9, 2013 Jurisdiction over the Person of the Defendant, Voluntary Appearance

FACTS: Optima is engaged in the business of leasing and renting out commercial spaces and buildings to its tenants.  Optima entered into a Contract of Lease with respondent over a 131-square-meter office unit and a parking slot in the Optima Building for a period of three years. Later, the parties amended their lease agreement by… Read More Optima Realty Corporation V. Hertz Phil. Exclusive Cars, Inc., G.R. No. 183035, January 9, 2013 Jurisdiction over the Person of the Defendant, Voluntary Appearance

Remedial Law

De Joya v. Marquez et al. G.R. No. 162416, January 31, 2006 Requisites for the Exercise of Jurisdiction

FACTS: Petitioner Chester De Joya asserts that respondent Judge Placido C. Marquez erred in finding the existence of probable cause that justifies the issuance of a warrant of arrest against him and his co-accused. Hence, he filed the instant petition for certiorari and prohibition that seeks the Court to nullify and set aside the warrant… Read More De Joya v. Marquez et al. G.R. No. 162416, January 31, 2006 Requisites for the Exercise of Jurisdiction

Remedial Law

PAL v. FASAP G.R. No. 143088 January 24, 2006 Certificate of Non Forum Shopping

FACTS:  Flight Attendants and Stewards Association of the Philippines (FASAP) and Leonardo Bhagwani filed a complaint for unfair labor practice, illegal suspension and illegal dismissal against petitioners before the Labor Arbiter of NLRC. The Labor Arbiter ruled against PAL, and, consequently, ordered the payment of damages. The NLRC later modified the decision by setting aside… Read More PAL v. FASAP G.R. No. 143088 January 24, 2006 Certificate of Non Forum Shopping

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

Corporation Law, Remedial Law

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]