Category: Remedial Law

— Remedial Law —

Republic v. Bantigue Point Dev’t Corp., G. R. No. 162322 : March 14, 2012 B.P. Blg. 129 or the Judiciary Reorganization Act, Jurisdiction in Cadastral Cases, Laches

May 3, 2020

FACTS: Respondent Bantigue filed with the RTC of Rosario, Batangas an application for original registration of title over a parcel of land with a total assessed value of P14,920 for the entire property. Petitioner Republic filed its Opposition to the application for registration while the records were still with the RTC. The RTC Clerk of… Read More Republic v. Bantigue Point Dev’t Corp., G. R. No. 162322 : March 14, 2012 B.P. Blg. 129 or the Judiciary Reorganization Act, Jurisdiction in Cadastral Cases, Laches

— Remedial Law —

Sebastian v. Ng GR No. 164594, April 22, 2015 Katarungang Pambarangay Law, MTC-Jurisdiction

May 2, 2020

FACTS: Michael Sebastian and Annabel Lagmay Ng were sweethearts. While Annabel was working in Hongkong, she sent Michael the amount of P350,000.00 to purchase a truck, as their investment. However, after Annabel and Michael’s relationship had ended, Michael allegedly refused to return the money to Annabel, prompting the latter to bring the matter before the… Read More Sebastian v. Ng GR No. 164594, April 22, 2015 Katarungang Pambarangay Law, MTC-Jurisdiction

— Civil Law, Remedial Law —

GATCHALIAN v. FLORES G.R. No. 225176 January 19, 2018 Ejectment, Torrens Title

April 29, 2020

FACTS: Petitioner is one of the co-owners of a parcel of land (Road Lot 23) covered by TCT No. 79180, registered under the name of petitioner’s parents, spouses Sixto and Liceria Gatchalian.  The survey conducted on the property established that the lot of Segundo Mendoza encroached a portion of Road Lot 23 which the Gatchalian’s… Read More GATCHALIAN v. FLORES G.R. No. 225176 January 19, 2018 Ejectment, Torrens Title

— Remedial Law —

Selga v. Brar G.R. No. 175151, September 21, 2011 Res Judicata

April 20, 2020

FACTS: Francisco Entierro died intestate and left behind the subject property with an area of 39,577 sqm, covered by TCT No. T-10273. Francisco’s spouse, Basilia, and legitimate children, (Basilia, et al.), executed a Deed of Sale with Declaration of Heirship, declaring themselves to be Francisco’s only heirs who inherited the subject property; and thereby sold… Read More Selga v. Brar G.R. No. 175151, September 21, 2011 Res Judicata

— Remedial Law —

Villasi v. Garcia G.R. No. 190106 January 15, 2014 Terceria, Judgement, Execution, Judicial Stability

April 19, 2020

FACTS: Petitioner Magdalena Villasi engaged the services of respondent Fil-Garcia Construction, Inc. (FGCI) to construct a seven-storey condominium building located in Cubao, QC. For failure of Villasi to fully pay the contract price despite several demands, FGCI initiated a suit for collection of sum of money before the RTC. FGCI prayed, among others, for the… Read More Villasi v. Garcia G.R. No. 190106 January 15, 2014 Terceria, Judgement, Execution, Judicial Stability

— Civil Law, Remedial Law —

REPUBLIC v. Mendoza G.R. No. 185091 August 8, 2010 Torrens System, Expropriation, Just Compensation

April 10, 2020

FACTS: Paninsingin Primary School (PPS) is a public school in Lipa, Batangas, operated by petitioner Republic of the Philippines through the Department of Education.  PPS has been occupying  a portion of Lots 1923 and 1925, registered in the name of respondents Primo and Maria Mendoza under TCT T-11410. The Mendozas caused said lots to be… Read More REPUBLIC v. Mendoza G.R. No. 185091 August 8, 2010 Torrens System, Expropriation, Just Compensation

— Criminal Law, Remedial Law —

Cajipe v. People G.R. No. 203605 April 23, 2014 Dismissal of Complaint/Information due to Lack of Probable Cause

April 9, 2020

FACTS: Lilian De Vera filed a complaint before the DOJ charging with multiple murder several PNP Highway Patrol Group (HPG) officers, herein petitioners P/C Insp. Lawrence B. Cajipe, P/C Insp. Mendoza, P/C Insp. Balatucan, PO3 Mamanao, Jr., P03 Gapuz, PO2 Blanco, P02 Santos, and PO1 Lucena.  The other group of accused consisted of police officers… Read More Cajipe v. People G.R. No. 203605 April 23, 2014 Dismissal of Complaint/Information due to Lack of Probable Cause

— Civil Law, Criminal Law, Remedial Law —

Reyes v. Rossi GR No. 159823, Feb 18, 2013 Bouncing Checks Law (Batas Pambansa Blg. 22), Prejudicial Question, Recission of a Contract

April 2, 2020

FACTS:  Petitioner Teodoro Reyes and Advanced Foundation Construction Systems Corp., represented by respondent Ettore Rossi, executed a deed of conditional sale involving the purchase by Reyes of a Dredging Pump worth P10,000,000.00.  The parties agreed therein that Reyes would pay the sum of P3,000,000.00 as downpayment, and the balance of P7,000,000.00 through post-dated checks.  Reyes… Read More Reyes v. Rossi GR No. 159823, Feb 18, 2013 Bouncing Checks Law (Batas Pambansa Blg. 22), Prejudicial Question, Recission of a Contract

— Civil Law, Mercantile Law, Remedial Law —

MCC INDUSTRIAL SALES CORP. v. SSANGYONG CORP. G.R. No. 170633, October 17, 2007 R.A. No. 8792 [Electronic Commerce Act of 2000], Best Evidence Rule, Obligations and Contracts, Sale

April 1, 2020

FACTS:  Petitioner MCC is a domestic corporation, engaged in the business of importing and wholesaling stainless steel products, while respondent Ssangyong Corporation, an international trading company with head office in Seoul, South Korea, is one of its suppliers.  The two corporations conducted business through telephone calls and facsimile or telecopy transmissions. Ssangyong would send the… Read More MCC INDUSTRIAL SALES CORP. v. SSANGYONG CORP. G.R. No. 170633, October 17, 2007 R.A. No. 8792 [Electronic Commerce Act of 2000], Best Evidence Rule, Obligations and Contracts, Sale

— Remedial Law —

ANTIPORDA v. GARCHITORENA G.R. No. 133289, Dec 23, 1999 Jurisdiction of the Sandiganbayan, Amendment of Information, Estoppel, Preliminary Investigation

March 31, 2020

FACTS:  Licerio A. Antiporda, Jr., the Municipal Mayor of Buguey, Cagayan, and two others, were charged with the crime of kidnapping one Elmer Ramos in an Information dated September 18, 1997. It was filed with the First Division of the Sandiganbayan comprised of the Honorable Francis E. Garchitorena, among others. Prosecutor Agcaoili, representing the prosecution,… Read More ANTIPORDA v. GARCHITORENA G.R. No. 133289, Dec 23, 1999 Jurisdiction of the Sandiganbayan, Amendment of Information, Estoppel, Preliminary Investigation