U.P. 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… Read More SUGGESTED ANSWERS TO THE 2018 BAR EXAMINATION in REMEDIAL LAW
Application of — The fact of loss or destruction of the owner’s duplicate certificate of title is crucial in clothing the RTC with jurisdiction over the judicial reconstitution proceedings; the rule that when the owner’s duplicate certificate of title was not actually lost or destroyed, but is in fact in the possession of another person,… Read More Recent Rulings on RECONSTITUTION OF TITLE (R.A. NO. 26)RECONVEYANCE and QUIETING OF TITLE
I. Ludong, Balatong, and Labong were charged with murder. After trial, the court announced that the case was considered submitted for decision. Subsequently, the Clerk of Court issued the notices of promulgation of judgment which were duly received. On promulgation day. Ludong and his lawyer appeared. The lawyers of Balatong and Labong appeared but without… Read More SUGGESTED ANSWERS TO THE 2014 BAR EXAMINATION QUESTIONS IN REMEDIAL LAW UP Law Complex
I. What trial court outside Metro Manila has exclusive original jurisdiction over the following cases? Explain briefly your answers. (a) An action filed on November 13, 2017 to recover the possession of an apartment unit being occupied by the defendant by mere tolerance of the plaintiff, after the former ignored the last demand to vacate… Read More SUGGESTED ANSWERS TO THE 2017 BAR EXAMINATION QUESTIONS IN REMEDIAL LAW UP Law Complex
FACTS: The Court adopted in toto the Decision dated January 29, 2014 of the CA, the pertinent portion of which reads: WHEREFORE, the Court ADOPTS the findings of fact and conclusions of law in the January 29, 2014 Decision of the CA in CA-G.R. [CR-H.C.] No. 05383 and AFFIRMS said Decision finding accused appellant Ariel… Read More PEOPLE v. LAYAG G.R. No. 214875, October 17, 2016 J. Perlas-Bernabe Doctrine of Immutability of Judgment, How Criminal Liability is totally Extinguished
FACTS: Herein petitioner filed a complaint for recovery of the contractual liability of respondent, for the recovery of the sum of P2,698,637.00, representing the insured value of the lost or undelivered 377.168 metric tons of Prime Newly Hot Rolled Steel Billets, including attorney’s fees and costs. Respondent filed a motion to dismiss, which was denied… Read More PHILIPPINE NAILS AND WIRES v. MALAYAN INSURANCE G.R. No. 143933 February 14, 2003 Execution Pending Appeal
Petitioners insist that it was error for the CA to rule that the stipulated exclusive venue of Makati City is binding only on petitioners’ complaint for Annulment of Foreclosure, Sale, and Damages filed before the RTC of Parañaque City, but not on respondent bank’s Petition for Extrajudicial Foreclosure of Mortgage, which was filed with the… Read More Sps. OCHOA v. CHINA BANKING CORPORATION G.R. No. 192877 March 23, 2011 Extrajudicial Foreclosure of Mortgage, Act No. 3135
FACTS: Respondent Francisco Provido filed a petition for the probate of the Last Will and Testament of the late Soledad Provido Elevencionado, alleging that he was the heir of the decedent and the executor of her will. The RTC rendered its Decision, allowing the probate of the will of the decedent and directing the issuance… Read More ALABAN v. CA G.R. No. 156021 September 23, 2005 Appellate Remedies, Annulment of Judgment, Probate Proceedings
FACTS: In our June 13, 2013 decision in this case, we directed Atty. Mahinay to show cause “why he should not be sanctioned for committing a clear violation of the rule prohibiting forum-shopping by aiding his clients in asserting the same claims at least twice.” The directive was called for by the following observations made… Read More HEIRS OF MARCELO SOTTO v. PALICTE G.R. No. 159691 February 17, 2014 Forum Shopping
FACTS: McBurnie, an Australian national, instituted a complaint for illegal dismissal and other monetary claims against the respondents. McBurnie signed a five-year employment agreement with the company EGI as an Executive Vice-President who shall oversee the management of the company’s hotels and resorts within the Philippines. He performed work for the company until he figured… Read More MCBURNIE v. GANZON G.R. Nos. 178034 & 178117 G R. Nos. 186984-85 October 17, 2013, Post Judgment Remedies, Second Motion for Reconsideration, Construction of the Rules of Court