Category: Remedial Law

— Remedial Law —

MARCOS-ARANETA v. CA G.R. NO. 154096 August 22, 2008 Substantial Compliance with the rule on Verification and Certification of Non-forum Shopping, Verification not Jurisdictional; May be Corrected, Commonality of Interest

June 6, 2019

FACTS: Irene Marcos-Araneta instituted two complaints for conveyance of shares against the Benedicto Group with prayer for the issuance of a TRO for the latter’s refusal to reconvey 65% stockholdings of FEMII and UEC pursuant to their alleged obligation to hold those shares and their fruits in trust and for the benefit of Irene to… Read More MARCOS-ARANETA v. CA G.R. NO. 154096 August 22, 2008 Substantial Compliance with the rule on Verification and Certification of Non-forum Shopping, Verification not Jurisdictional; May be Corrected, Commonality of Interest

— Constitutional Law, Remedial Law —

PEOPLE v. SANDIGANBAYAN G.R. No. 199151-56 July 25, 2016 Rule 45 v. Rule 65, Inordinate Delay, Right to Speedy Disposition of Cases

June 5, 2019

FACTS: This is a special civil action for certiorari which seeks to annul and set aside the Resolutions by public respondent Sandiganbayan for allegedly having been issued without or in excess of jurisdiction or with grave abuse of discretion amounting to lack or excess of jurisdiction, and to reinstate the six Informations for Violation of… Read More PEOPLE v. SANDIGANBAYAN G.R. No. 199151-56 July 25, 2016 Rule 45 v. Rule 65, Inordinate Delay, Right to Speedy Disposition of Cases

— Remedial Law —

BASBAS, et al.vs. SAYSON G.R. No. 172660 August 24, 2011 Judgment on the pleadings v. Summary Judgment

June 2, 2019

FACTS: Respondents spouses Sayson filed a Petition for Registration of an agricultural land located in Leyte The said application was opposed by the Republic of the Philippines and herein petitioners Eugenio Basbas et al. The CFI rendered a Decision adjudicating to the spouses Sayson said agricultural land and approving its registration under their names. The… Read More BASBAS, et al.vs. SAYSON G.R. No. 172660 August 24, 2011 Judgment on the pleadings v. Summary Judgment

— Remedial Law —

MARTINEZ vs. MARTINEZ G.R. No. 162084 June 28, 2005 Art.151 Family Code, Katarungang Pambarangay Law

June 1, 2019

FACTS: Daniel Martinez Sr., executed a Last Will and Testament directing the subdivision of his property into three lots, namely, Lots 18-B-2-A, 18-B-2-B and 18-B-2-C, and bequeathed the three lots to each of his sons, Rodolfo, Manolo and Daniel, Jr. After the death of Daniel, Sr., Rodolfo found a deed of sale purportedly signed by… Read More MARTINEZ vs. MARTINEZ G.R. No. 162084 June 28, 2005 Art.151 Family Code, Katarungang Pambarangay Law

— Remedial Law —

BELBIS v. PEOPLE G.R. No. 181052 November 14, 2012 Dying Declaration, Res Gestae

June 1, 2019

FACTS: On December 9, 1997 at around 10:00 p.m.,  Veronica Dacir, Jose Bahillo’s live-in partner, heard him shouting and calling her name. She went to where Jose was and saw blood at his back and shorts. It was there that Jose told Veronica that he was held by Boboy while petitioner Rodolfo Belbis, Jr. stabbed… Read More BELBIS v. PEOPLE G.R. No. 181052 November 14, 2012 Dying Declaration, Res Gestae

— Remedial Law —

PEOPLE v. FRANCO G.R. No. 118607 March 4, 1997 Hearsay Evidence, Formal Offer of Evidence

May 27, 2019

FACTS: On August 9, 1991 at around 6:45 a.m., Angelo Tongko discovered the lifeless body of Aurelio Cuya, a security guard of Dunkin Donut Binondo. The branch supervisor of Dunkin Donut informed the police that the sales of the establishment, which was allegedly kept in the safety locker in the same place where the dead… Read More PEOPLE v. FRANCO G.R. No. 118607 March 4, 1997 Hearsay Evidence, Formal Offer of Evidence

— Civil Law, Remedial Law —

GO vs. UCPB G.R. No. 156187 November 11, 2004 Real v. Personal Action, Real Estate Mortgage

May 27, 2019

FACTS: Petitioner Jimmy Go and Alberto T. Looyuko applied for an Omnibus Line accommodation with respondent UCPB in the amount of 900 Million Pesos. The transaction was secured by Real Estate Mortgages over parcels of land located in Mandaluyong. The approved Omnibus Line accommodation was subsequently cancelled by respondent UCPB. Hence, petitioner demanded the return… Read More GO vs. UCPB G.R. No. 156187 November 11, 2004 Real v. Personal Action, Real Estate Mortgage

— Remedial Law —

A.L. ANG NETWORK, INC., vs. MONDEJAR G.R. No. 200804 January 22, 2014 Small Claims Case Appellate Remedy

May 24, 2019

FACTS: Petitioner filed a complaint for sum of money under the Rule of Procedure for Small Claims Cases before the MTCC, seeking to collect from respondent the amount of ₱23,111.71 which represented her unpaid water bills for the period June 1, 2002 to September 30, 2005. The MTCC rendered a Decision holding that since petitioner… Read More A.L. ANG NETWORK, INC., vs. MONDEJAR G.R. No. 200804 January 22, 2014 Small Claims Case Appellate Remedy

— Remedial Law —

VILLAREAL vs. ALIGA .G.R. No 166995  January 13, 2014 Double Jeopardy, Rule 65

May 24, 2019

FACTS: Consuelo Aliga was charged for the crime of Qualified Theft thru Falsification of Commercial Document allegedly committed by her being then an accountant of Dentrade Inc., who had access to the company’s checking accounts. She was accused of stealing from complainant’s office a check in the amount of P5,000.00, falsified the amount by changing… Read More VILLAREAL vs. ALIGA .G.R. No 166995  January 13, 2014 Double Jeopardy, Rule 65

— Remedial Law —

NOVATEKNIKA vs. PNB G.R. No. 194104  March 13, 2013 Rule 65, Appellate Remedies

May 18, 2019

FACTS: Petitioner Novateknika Land Corporation (NLC), together with 9 other Corporations, entered into a Credit Agreement with PNB for the availment of an omnibus line in the principal amount of ₱500,000,000.00. After 2 Renewal Agreements, their total outstanding principal obligation went up to ₱593,449,464.79. Due to nonpayment depsite repeated demands, PNB filed petitions for extrajudicial… Read More NOVATEKNIKA vs. PNB G.R. No. 194104  March 13, 2013 Rule 65, Appellate Remedies