Category: Remedial Law

— Civil Law, Remedial Law —

SUPREME TRANSLINER INC., v. CA G.R. No. 125356 November 21, 2001 Burden of Evidence, Preponderance of Evidence

March 2, 2021

FACTS: On September 24, 1990, a Supreme Transliner bus owned by Petitioner Felipe Sia, and driven by co-petitioner Novencio Flores, collided with a passenger jeepney carrying private respondents Gloria and Lotis Brazal. The jeepney was owned by Marcelino Villones and driven by Reynaldo Decena. Private respondents instituted a civil case for damages against petitioners based… Read More SUPREME TRANSLINER INC., v. CA G.R. No. 125356 November 21, 2001 Burden of Evidence, Preponderance of Evidence

— Remedial Law —

People v. Matito G.R. No. 144405, Feb. 24, 2004 Circumstantial Evidence, Alibi

March 1, 2021

FACTS: On October 16, 1998, around 10:30 in the evening, Filomena Raymundo heard gunshots just moments after her husband Mariano Raymundo, Jr. had stepped out of their house to go to the backyard to attend to his quails. As the shots came from the direction where Mariano was, Filomena rushed to the kitchen door and,… Read More People v. Matito G.R. No. 144405, Feb. 24, 2004 Circumstantial Evidence, Alibi

— Remedial Law, Special Proceedings —

SHEKER v.. SHEKER G.R. No. 157912 December 13, 2007 Subject Matter of Special Proceedings; Applicability of General Rules

February 20, 2021

FACTS: The RTC admitted to probate the holographic will of Alice O. Sheker and thereafter issued an order for all the creditors to file their respective claims against the estate. In compliance therewith, petitioner filed a contingent claim for agent’s commission due him amounting to approximately ₱206,250.00 in the event of the sale of certain… Read More SHEKER v.. SHEKER G.R. No. 157912 December 13, 2007 Subject Matter of Special Proceedings; Applicability of General Rules

— Remedial Law —

Sarmiento v. Zaratan G.R. No. 167471 February 5, 2007 Relaxation of the Rules of Procedure

February 9, 2021

FACTS: Petitioner Gliceria Sarmiento filed an ejectment case against respondent Emerita Zaratan, in the MeTC of Quezon City. The MeTC rendered a decision in favor of petitioner. Respondent filed her notice of appeal. Thereafter, the case was raffled to the RTC of Quezon City. The RTC directed respondent to submit her memorandum in accordance with… Read More Sarmiento v. Zaratan G.R. No. 167471 February 5, 2007 Relaxation of the Rules of Procedure

— Remedial Law —

INTRAMUROS ADMINISTRATION v. OFFSHORE CONSTRUCTION DEVELOPMENT COMPANY J. Leonen Ejectment, Jurisdiction

February 2, 2021

FACTS: In 1998, Intramuros leased certain real properties of the national government, which it administered to Offshore Construction. All their lease contracts also made reference to an August 20, 1998 memorandum of stipulations, which included a provision for lease renewals every five (5) years upon the parties’ mutual agreement.  Offshore Construction occupied and introduced improvements… Read More INTRAMUROS ADMINISTRATION v. OFFSHORE CONSTRUCTION DEVELOPMENT COMPANY J. Leonen Ejectment, Jurisdiction

— Civil Law, Remedial Law —

San Luis v. San Luis G.R. No. 133743 February 6, 2007 Art. 26 of the Civil Code, Venue, Legal Capacity

January 12, 2021

FACTS: During his lifetime, Felicisimo San Luis, who was the former governor of the Province of Laguna, contracted three marriages.  His first marriage was with Virginia Sulit on March 17, 1942 out of which were born six children, namely: Rodolfo, Mila, Edgar, Linda, Emilita and Manuel.  Virginia predeceased Felicisimo. In 1968, Felicisimo married Merry Lee… Read More San Luis v. San Luis G.R. No. 133743 February 6, 2007 Art. 26 of the Civil Code, Venue, Legal Capacity

— Criminal Law, Remedial Law —

Reyes v. People G.R. No. 232678, July 03, 2019 RA 9262, Psychological Violence, Sufficiency of the Information

January 10, 2021

FACTS: AAA and Esteban Donato Reyes were married and have four children, of whom only three are living, and who are all now of legal ages. Reyes was seldom at home since he used to render military service as a Philippine Air Force pilot, then as a commercial pilot for the Philippine Airlines, and later… Read More Reyes v. People G.R. No. 232678, July 03, 2019 RA 9262, Psychological Violence, Sufficiency of the Information

— Civil Law, Remedial Law —

Villanueva v. Nite, G.R. No. 148211, July 25, 2006 Annulment of Judgment , Extrinsic or Collateral Fraud, Compulsory Joinder of Indispensable Parties, Relativity of Contracts

January 9, 2021

FACTS: Respondent Marlyn Nite took out a loan of P409,000 from petitioner SIncere Villanueva and secured it with an Asian Bank Corporation (ABC) check in the amount of P325,500 dated February 8, 1994. The date was later changed to June 8, 1994 with the consent and concurrence of petitioner. The check was dishonored due to… Read More Villanueva v. Nite, G.R. No. 148211, July 25, 2006 Annulment of Judgment , Extrinsic or Collateral Fraud, Compulsory Joinder of Indispensable Parties, Relativity of Contracts

— Remedial Law —

Umale v. Canoga Park Development Corporation, G.R. No. 167246, July 20, 2011 Litis Pendencia -Requisites, The “Same Evidence” Test

January 8, 2021

FACTS: George Leonard S. Umale (petitioner) and Canoga Park Development Corporation entered into a Contract of Lease whereby the petitioner agreed to lease an 860sqm prime lot owned by the respondent.  Before the lease contract expired, the respondent filed an unlawful detainer case against the petitioner on the ground of petitioner’s violation of stipulations in… Read More Umale v. Canoga Park Development Corporation, G.R. No. 167246, July 20, 2011 Litis Pendencia -Requisites, The “Same Evidence” Test

— Remedial Law —

Municipality of Kananga v. Madrona, G.R. No. 141375, April 30, 2003 General Jurisdiction of the RTC

January 7, 2021

FACTS: A boundary dispute arose between the Municipality of Kananga and the City of Ormoc. By agreement, the parties submitted the issue to amicable settlement by a joint session of the Sangguniang Panlungsod of Ormoc City and the Sangguniang Bayan of Kananga. No amicable settlement was reached. Hence, a resolution was issued certifying that the… Read More Municipality of Kananga v. Madrona, G.R. No. 141375, April 30, 2003 General Jurisdiction of the RTC