Remedial Law

BRIONES v. CA G.R. No. 204444, January 14, 2015 J. Perlas-Bernabe VENUE

FACTS: Virgilio C. Briones filed a Complaint before the RTC Manila, for nullity of contracts, and damages against Cash Asia, alleging that he is the owner of the subject property, and that his sister informed him that his property had been foreclosed and a writ of possession had already been issued in favor of Cash… Read More BRIONES v. CA G.R. No. 204444, January 14, 2015 J. Perlas-Bernabe VENUE

Remedial Law

BAGUIO MARKET VENDORS MULTI-PURPOSE COOPERATIVE v. CABATO-CORTES GR No. 165922, Feb 26, 2010 627 Phil. 543 Legal Fees, Cooperative Code of the Philippines

FACTS: Petitioner Baguio Market Vendors Multi-Purpose Cooperative is a credit cooperative organized under RA 6938, or the Cooperative Code of the Philippines. Article 62(6) of RA 6938 exempts cooperatives: from the payment of all court and sheriff’s fees payable to the Philippine Government for and in connection with all actions brought under this Code, or… Read More BAGUIO MARKET VENDORS MULTI-PURPOSE COOPERATIVE v. CABATO-CORTES GR No. 165922, Feb 26, 2010 627 Phil. 543 Legal Fees, Cooperative Code of the Philippines

Remedial Law

SPS. BELEN v. CHAVEZ G.R. NO. 175334 March 26, 2008 Service of Summons, Jurisdiction over the person of the parties

FACTS: The instant petition originated from the action for the enforcement of a foreign judgment against petitioners spouses Belen, filed by private respondent spouses Pacleb. Private respondents secured a judgment by default with the Superior Court of the State of California. The judgment ordered petitioners to pay private respondents the amount of $56,204.69 representing loan… Read More SPS. BELEN v. CHAVEZ G.R. NO. 175334 March 26, 2008 Service of Summons, Jurisdiction over the person of the parties

Remedial Law

CHING v. CA G.R. No. L-59731 January 11, 1990 Action in Rem v. Action in Personam, Jurisdiction

FACTS: Spouses Maximo Nofuente and Dominga Lumandan are owners of a parcel of land. 5/6 portion of the property was reconveyed by said spouses to Francisco, Regina, Perfects, Constancio and Matilde all surnamed Nofuente and TCT No. 78633 was issued accordingly. By virtue of a sale to Ching Leng TCT No. 91137 was issued and… Read More CHING v. CA G.R. No. L-59731 January 11, 1990 Action in Rem v. Action in Personam, Jurisdiction

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

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

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

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

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

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

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