Category: Remedial Law

— Remedial Law —

Flores v. Mallare-Phillipps G.R. No. L-66620 September 24, 1986 Totality Rule, Joinder of Parties

April 17, 2021

FACTS: Remedio Flores filed a complaint against Ignacio Binongcal for refusing to pay the amount of P11,643.00 representing cost of truck tires which he purchased on credit from petitioner. The second cause of action was against respondent Fernando Calion for allegedly refusing to pay the amount of P10,212.00 representing cost of truck tires which he… Read More Flores v. Mallare-Phillipps G.R. No. L-66620 September 24, 1986 Totality Rule, Joinder of Parties

— Civil Law, Remedial Law —

Samelo v. Manotok Services G.R. No. 170509, June 27, 2012 Tacita Reconduccion / Implied Lease, Unlawful Detainer

April 15, 2021

FACTS: Manotok Services, Inc. (respondent) alleged that it is the administrator of a parcel of land known as Lot 9-A, Block 2913, located in Tondo, Manila.  On January 31, 1997, the respondent entered into a contract with the petitioner Viegely Samelo for the lease of a portion of said lot, described as Lot 4, Block… Read More Samelo v. Manotok Services G.R. No. 170509, June 27, 2012 Tacita Reconduccion / Implied Lease, Unlawful Detainer

— Legal Ethics, Remedial Law —

Philippine Lawyers Association v. Agrava G.R. No. L-12426, February 16, 1959 Practice of Law

April 14, 2021

FACTS: Respondent Director Celedonio Agrava of the Philippines Patent Office (PPO) issued a circular announcing that he had scheduled for an examination for the purpose of determining who are qualified to practice as patent attorneys before the PPO.  The said examination to cover patent law and jurisprudence and the rules of practice before said office.… Read More Philippine Lawyers Association v. Agrava G.R. No. L-12426, February 16, 1959 Practice of Law

— Criminal Law, Remedial Law —

Republic v. Bolante et al. G.R. No. 186717 & 190357, April 17, 2017 R.A. 9160 (Anti Money Laundering Act of 2001), The “Fertilizer Fund Scam”, Forum Shopping, Res Judicata

April 12, 2021

FACTS: In April 2005, PNB submitted to the Anti-Money Laundering Council (AMLC) a series of suspicious transaction reports involving  the transfer by Livelihood Corporation (LIVECOR) to Molugan Foundation (Molugan) a total amount of ₱172.6 million in a span of 15 months from 2004 to 2005; the transfer by LIVECOR of ₱40 million to Assembly of… Read More Republic v. Bolante et al. G.R. No. 186717 & 190357, April 17, 2017 R.A. 9160 (Anti Money Laundering Act of 2001), The “Fertilizer Fund Scam”, Forum Shopping, Res Judicata

— Remedial Law —

San Miguel Corp. v. Kalalo G.R. No. 185522 June 13, 2012 Offer of Compromise, Evidence

April 6, 2021

FACTS: Helen Kalalo had been a dealer of beer products since 1998. She had a credit overdraft arrangement with petitioner SMC whereby, prior to the delivery of beer products, she would be required to issue two checks to petitioner: a blank check and a check to be filled up with an amount corresponding to the… Read More San Miguel Corp. v. Kalalo G.R. No. 185522 June 13, 2012 Offer of Compromise, Evidence

— Remedial Law —

Bangko Sentral v. Legaspi G.R. No. 205966, March 2, 2016 Jurisdiction of the RTC, Sufficiency of the Cause of Action, Judicial Notice

April 4, 2021

FACTS: Petitioner BSP filed a Complaint for annulment of title, revocation of certificate and damages (with application for TRO/writ of preliminary injunction) against Secretary Jose L. Atienza, Jr., respondent Feliciano P. Legaspi, et al. The RTC issued an Order mandating the issuance of preliminary injunction, enjoining defendants Engr. Ramon C. Angelo, Jr. and Legaspi, and… Read More Bangko Sentral v. Legaspi G.R. No. 205966, March 2, 2016 Jurisdiction of the RTC, Sufficiency of the Cause of Action, Judicial Notice

— Corporation Law, Mercantile Law, Remedial Law —

Pascual and Santos Inc. v. Tramo Wakas Neighborhood Association G.R. No. 144880, November 17, 2004 Powers of a Corporation, Certificate of Non-Forum Shopping

March 30, 2021

FACTS: The Members of Tramo Wakas Neighborhood Association (respondents), filed a petition before the Presidential Action Center, alleging that petitioner, Pascual and Santos, Inc., claims ownership of the subject lots which they have openly, peacefully and continuously occupied since 1957. The petition was referred to the Land Management Bureau (LMB), for investigation and hearing. The… Read More Pascual and Santos Inc. v. Tramo Wakas Neighborhood Association G.R. No. 144880, November 17, 2004 Powers of a Corporation, Certificate of Non-Forum Shopping

— Civil Law, Remedial Law —

Emnace v. CA G.R. No. 126334, November 23, 2001 Stages of Partnership, Payment of Docket Fees

March 28, 2021

FACTS: Emilio Emnace, Vicente Tabanao and Jacinto Divinagracia were partners in a business known as Ma. Nelma Fishing Industry. Sometime in January of 1986, they decided to dissolve their partnership and executed an agreement of partition and distribution of the partnership properties among them, consequent to Divinagracia’s withdrawal from the partnership. Among the assets to… Read More Emnace v. CA G.R. No. 126334, November 23, 2001 Stages of Partnership, Payment of Docket Fees

— Remedial Law —

Expertravel & Tours v. CA G.R. No. 152392 May 26, 2005 Certificate of Non-Forum Shopping, Judicial Notice

March 24, 2021

FACTS: Korean Airlines (KAL) is a corporation established and registered in the Republic of South Korea and licensed to do business in the Philippines.  On September 6, 1999, KAL, through Atty. Mario Aguinaldo, filed a Complaint against Expert Travel & Tours Inc. (ETI) with the RTC of Manila, for the collection of money, plus attorney’s… Read More Expertravel & Tours v. CA G.R. No. 152392 May 26, 2005 Certificate of Non-Forum Shopping, Judicial Notice

— Constitutional Law, Remedial Law —

Dela Cruz v. NAPOLCOM – J. Leonen G.R. No. 215545, January 07, 2019 Procedural Rules, Bill of Rights

March 22, 2021

FACTS: Sonny H. Villarias narrated that at about 8:00 p.m. of October 13, 2001, he was awakened by four (4) uniformed officers, namely: SPO4 Quirino Dela Cruz, PO1 Cantorna, and two others.  He said that SPO4 Dela Cruz poked an armalite rifle at him, and handcuffed him to the steering wheel of their patrol car. … Read More Dela Cruz v. NAPOLCOM – J. Leonen G.R. No. 215545, January 07, 2019 Procedural Rules, Bill of Rights