FACTS: Lizaso, Guansing’s employee, was driving Guansing’s truck, when he hit the rear portion of Yokohama’s Isuzu Crosswind. The strong impact caused the Crosswind to hit other vehicles, rendering it beyond repair. Yokohama filed a total loss claim under her insurance policy against People’s General Insurance Corporation (PGIC), which paid the full amount of P907,800.00… Read More People’s General Insurance Corporation v. Edgardo Guansing And Eduardo Lizaso Service of Summons, Jurisdiction [J. LEONEN]

FACTS: Petitioner Tortal married Respondent Taniguchi on June 8, 1999. They lived in a 250 m2 house and lot in BF Homes, Parañaque City, which was registered in the name of Tortal, married to Taniguchi.  On April 11, 2000, Taniguchi filed a petition for the nullity of her marriage with Tortal. The RTC granted the petition… Read More JERSON E. TORTAL v. CHIZURU TANIGUCHI G.R. No. 212683, November 12, 2018 Res Judicata, Appellate Remedies [J. LEONEN]

By Solicitor Emile Justin Cebrian [DEJA ENTENDU NOTES] [CivPro] [v.1.0, 2016] deja [already] + entendu [heard] = you’ve heard all of this before (Notes in red are opinions of the lecturers,1 of authors2 on the subject, or of the reviewee. Cited provisions are from the Rules of Court unless otherwise provided.) CIVIL PROCEDURE R22 S1… Read More Remedial Law (CivPro)

[DEJA ENTENDU NOTES] [Preliminaries] [v.1.1, 2018] deja [already] + entendu [heard] = you’ve heard all of this before (Notes in red are opinions of the lecturers, of authors on the subject, or of the reviewee. Cited provisions are from the Rules of Court unless otherwise provided.) REMEDIAL LAW Substantive & remedial law, distinguished SUBSTANTIVE LAW… Read More Remedial Law Preliminaries

FACTS: Accused, Dominador Bustos, assisted by counsel, appeared at the preliminary investigation, wherein the justice of the peace informed him of the charges and asked him if he pleaded guilty or not guilty, to which he entered the plea of not guilty.  Then his counsel moved that the complainant present her evidence so that she… Read More Bustos v. Lucero GR No. L-2068 Oct 20, 1948 81 Phil 640 Substantive Law v. Remedial Law

FACTS: Petitioner Gliceria Sarmiento filed an ejectment case against respondent Emerita Zaratan, in the MeTC of Quezon City. The MeTC rendered a decision in favor of petitioner. Respondent filed her notice of appeal. Thereafter, the case was raffled to the RTC of Quezon City. The RTC directed respondent to submit her memorandum in accordance with… Read More Sarmiento v. Zaratan G.R. No. 167471 February 5, 2007 Relaxation of the Rules of Procedure

FACTS: MPC is a domestic corporation licensed by the SEC to principally engage in the business of power generation and subsequent sale thereof. It is registered with the BIR as a VAT registered entity. For the period April 1, 1996 to December 31, 1996, [MPC] seasonably filed its Quarterly VAT Returns reflecting accumulated input taxes… Read More CIR v. Mirant Pagbilao Corporation, G.R. No. 159593, October 12, 2006 Liberal Interpretation and Application of Procedural Rules

FACTS: Sometime in 1961, a judgment for a sum of money was rendered in favor of Independent Mercantile Corp. (IMC) against a certain Manuel Magali.  After said judgment became final, a writ of execution was issued, and a Notice of Levy made on a parcel of land covered by  TCT No. 9138, registered in the… Read More Calilim v. Ramirez G.R. No. L-34362 November 19, 1982 Res Judicata, Bar by Prior Judgment, Estoppel by Laches