Category: Remedial Law

— Appeals, Remedial Law —

Banaga v. Majaducon G.R. No. 149051 June 30, 2006 Appellate Remedies, Writ of Execution of a Final Judgment

August 7, 2021

FACTS: An action for redemption of a parcel of land situated in General Santos City filed by petitioner Biblia Banaga against private respondent Candelario Damalerio.  The trial court dismissed petitioner’s complaint. On appeal, the Court of Appeals reversed the trial court and upheld petitioner’s right to redeem the property. Private respondent’s appeal from said decision… Read More Banaga v. Majaducon G.R. No. 149051 June 30, 2006 Appellate Remedies, Writ of Execution of a Final Judgment

— Appeals, Remedial Law —

Aboitiz Equity Ventures, Inc. v. Chiongbian, G.R. No. 197530 July 9, 2014 J. Leonen, Appeal by Certiorari to the Supreme Court, Interlocutory Order, Forum Shopping, Res Judicata

July 31, 2021

FACTS: On January 8, 1996, Aboitiz Shipping Corporation (“ASC”), principally owned by the Aboitiz family, CAGLI, principally owned by the Gothong family, and William Lines, Inc. (“WLI”), principally owned by the Chiongbian family, entered into an agreement whereby ASC and CAGLI would transfer their shipping assets to WLI in exchange for WLI’s shares of stock.… Read More Aboitiz Equity Ventures, Inc. v. Chiongbian, G.R. No. 197530 July 9, 2014 J. Leonen, Appeal by Certiorari to the Supreme Court, Interlocutory Order, Forum Shopping, Res Judicata

— Civil Law, Remedial Law —

Padlan v. DInglasan G.R. No. 180321, March 20, 2013 Jurisdiction, B.P. Blg. 129, Title to Real Property

July 26, 2021

FACTS: Elenita Dinglasan was the registered owner of a parcel of land designated as Lot No. 625 covered by TCT No. T-105602, with an aggregate area of 82,972 square meters. While on board a jeepney, Elenita’s mother, Lilia Baluyot, had a conversation with one Maura Passion regarding the sale of the said property. Believing that… Read More Padlan v. DInglasan G.R. No. 180321, March 20, 2013 Jurisdiction, B.P. Blg. 129, Title to Real Property

— Remedial Law —

The Law Firm of LAGUESMA MAGSALIN CONSULTA and GASTARDO v. COA G.R. No. 185544 January 13, 2015 J. Leonen. Special Civil Actions, Rule 64 and Rule 65 of the Rules of Court, Relaxation of the Procedural Rules, GOCC’s and the Office of the Government Corporate Counsel

July 22, 2021

FACTS: Sometime in 2001, officers of Clark Development Corporation, a government-owned and controlled corporation, approached the law firm of Laguesma Magsalin Consulta and Gastardo (the law firm) for its possible assistance in handling the corporation’s labor cases. Clark Development Corporation, through its legal officers and after the law firm’s acquiescence, “sought from the Office of… Read More The Law Firm of LAGUESMA MAGSALIN CONSULTA and GASTARDO v. COA G.R. No. 185544 January 13, 2015 J. Leonen. Special Civil Actions, Rule 64 and Rule 65 of the Rules of Court, Relaxation of the Procedural Rules, GOCC’s and the Office of the Government Corporate Counsel

— Remedial Law —

City of Lapu-Lapu v. PEZA G.R. No. 184203 November 26, 2014 J.Leonen, Special Civil Actions, Declaratory Relief

July 20, 2021

FACTS: The Export Processing Zone Authority (EPZA) was created to operate, administer, and manage the export processing zones. The decree declared the EPZA non-profit in character and was declared exempt from all taxes, including real property taxes that may be due to the Republic of the Philippines, its provinces, cities, municipalities, and other government agencies… Read More City of Lapu-Lapu v. PEZA G.R. No. 184203 November 26, 2014 J.Leonen, Special Civil Actions, Declaratory Relief

— Criminal Law, Remedial Law —

Jadewell Parking v. Judge Lidua, G.R. No. 169588 October 7, 2013 J. Leonen Prescription of Offenses, Violation of Ordinances

July 17, 2021

FACTS: Jadewell Parking Systems Corporation, through its General Manager Norma Tan, et al., alleged in their affidavit-complaint that on May 17, 2003, respondents Edwin Ang, Benedicto Balajadia and John Doe dismantled, took and carried away the clamp attached to the left front wheel of a Mitsubishi Adventure owned by Edwin Ang, which was then illegally… Read More Jadewell Parking v. Judge Lidua, G.R. No. 169588 October 7, 2013 J. Leonen Prescription of Offenses, Violation of Ordinances

— Constitutional Law, Remedial Law —

Mosqueda v. Pilipino Banana Growers & Exporters Association (PBGEA) G.R. No. 189185, August 16, 2016 Precautionary Principle

July 15, 2021

FACTS: After several committee hearings and consultations with various stakeholders, the Sangguniang Panlungsod of Davao City enacted Ordinance No. 0309, Series of 2007, to impose a ban against aerial spraying as an agricultural practice by all agricultural entities within Davao City. City Mayor Rodrigo Duterte approved the ordinance on February 9, 2007. The ordinance took… Read More Mosqueda v. Pilipino Banana Growers & Exporters Association (PBGEA) G.R. No. 189185, August 16, 2016 Precautionary Principle

— Civil Law, Remedial Law —

Santos v. Santos G.R. No. 187061, October 08, 2014 Declaration of Presumptive Death, Annulment of Judgment

July 13, 2021

FACTS: On July 27, 2007, the RTC declared petitioner Celerina J. Santos presumptively dead after her husband, respondent Ricardo T. Santos, had filed a petition for declaration of absence or presumptive death for the purpose of remarriage on  June 15, 2007.  Ricardo alleged that after they had gotten married on June 18, 1980. After a… Read More Santos v. Santos G.R. No. 187061, October 08, 2014 Declaration of Presumptive Death, Annulment of Judgment

— Remedial Law —

Briones v. CA G.R. No. 204444 January 14, 2015 Venue of Actions

July 11, 2021

FACTS: Virgilio Briones alleged that he is the owner of a property covered by TCT No. 160689 (subject property). On July 15, 2010, his sister informed him that his property had been foreclosed and a writ of possession had already been issued in favor of Cash Asia.  Upon investigation, Briones discovered that:  (a) on December… Read More Briones v. CA G.R. No. 204444 January 14, 2015 Venue of Actions

— Constitutional Law, Political Law, Remedial Law —

People v. Marra G.R. No. 108494 September 20, 1994 Custodial Investigation, Rights of the Accused, Extrajudicial Confession, Murder

July 5, 2021

FACTS: At about 3:45 A.M. of March 7, 1992, SPO3 Reynaldo de Vera of the Dagupan City Police Station received a report about a shooting incident at the annex building of the Lucky Hotel. He proceeded to the crime scene along with SPO4 Orlando Garcia, SPO3 Mauricio Flores and SPO3 Noli de Castro. Upon their… Read More People v. Marra G.R. No. 108494 September 20, 1994 Custodial Investigation, Rights of the Accused, Extrajudicial Confession, Murder