Remedial Law

HEIRS OF MARCELO SOTTO v. PALICTE G.R. No. 159691 February 17, 2014 Forum Shopping

FACTS: In our June 13, 2013 decision in this case, we directed Atty. Mahinay to show cause “why he should not be sanctioned for committing a clear violation of the rule prohibiting forum-shopping by aiding his clients in asserting the same claims at least twice.” The directive was called for by the following observations made… Read More HEIRS OF MARCELO SOTTO v. PALICTE G.R. No. 159691 February 17, 2014 Forum Shopping

Remedial Law

MCBURNIE v. GANZON G.R. Nos. 178034 & 178117 G R. Nos. 186984-85 October 17, 2013, Post Judgment Remedies, Second Motion for Reconsideration, Construction of the Rules of Court

FACTS: McBurnie, an Australian national, instituted a complaint for illegal dismissal and other monetary claims against the respondents. McBurnie signed a five-year employment agreement with the company EGI as an Executive Vice-President who shall oversee the management of the company’s hotels and resorts within the Philippines. He performed work for the company until he figured… Read More MCBURNIE v. GANZON G.R. Nos. 178034 & 178117 G R. Nos. 186984-85 October 17, 2013, Post Judgment Remedies, Second Motion for Reconsideration, Construction of the Rules of Court

Remedial Law

ALMUETE v. PEOPLE OF THE PHILIPPINES G.R. No. 179611 Appellate Remedies, Suspension of the Rules

FACTS: Efren D. Almuete, Ila and Lloren were charged with violation of Section 68 of P.D. No. 705 “Revised Forestry Code of the Philippines,” as amended by E.O. No. 277.On the scheduled date of promulgation of judgment, petitioner and Lloren were ill while Ila was not notified of the scheduled promulgation. The RTC, however, found… Read More ALMUETE v. PEOPLE OF THE PHILIPPINES G.R. No. 179611 Appellate Remedies, Suspension of the Rules

Constitutional Law, Remedial Law

GSIS v. HEIRS OF CABALLERO G.R. Nos. 158090 October 4, 2010 Compulsory vs. Permissive Counterclaim, Fiscal Autonomy of the Judiciary, Legislative Exemption from Payment of Docket Fees of GSIS

FACTS: Fernando Caballero & his wife secured a loan from petitioner GSIS and executed a real estate mortgage of a parcel of land registered under his name. Fernando defaulted on the payment of his loan, hence, the subject property was foreclosed, and the same was sold at a public auction where the petitioner was the… Read More GSIS v. HEIRS OF CABALLERO G.R. Nos. 158090 October 4, 2010 Compulsory vs. Permissive Counterclaim, Fiscal Autonomy of the Judiciary, Legislative Exemption from Payment of Docket Fees of GSIS

Remedial Law

DE LIMA v. GATDULA, G.R. No. 204528 February 19, 2013 Writ of Amparo, Appellate Remedies, Liberal Construction of the Rules of Court

FACTS: Respondent Magtanggol B. Gatdula filed a Petition for the Issuance of a Writ of Amparo directed against petitioners Justice Secretary Leila M. De Lima, et al. Gatdula wanted De Lima, et al. “to cease and desist from framing up Petitioner [Gatdula] for the fake ambush incident by filing bogus charges of Frustrated Murder against… Read More DE LIMA v. GATDULA, G.R. No. 204528 February 19, 2013 Writ of Amparo, Appellate Remedies, Liberal Construction of the Rules of Court

Remedial Law

SPS. SANTIAGO v. TULFO J. PERLAS-BERNABE; G.R. No. 205039 October 21, 2015 Writ of Amparo, Extrajudicial Killings, Enforced Disappearances

FACTS: Petitioners arrived at the NAIA Terminal 3 from a vacation. They waited for the arrival of their baggage but were eventually informed that it was offloaded and transferred to a different flight. As they were complaining at the Cebu Pacific complaint desk, they noticed a man taking photos of Claudine with his cellular phone.… Read More SPS. SANTIAGO v. TULFO J. PERLAS-BERNABE; G.R. No. 205039 October 21, 2015 Writ of Amparo, Extrajudicial Killings, Enforced Disappearances

Remedial Law

REPUBLIC v. ORTIGAS & COMPANY LIMITED PARTNERSHIP G.R. No.171496 March 3, 2014 Appellate Remedies, Question of Law v. Question of Fact

FACTS: Respondent, Ortigas and Co. Ltd. Partnership, is the owner of a parcel of land, which was for road widening for the C-5 flyover project of the DPWH. The title was then inscribed with an encumbrance that it was for road widening and subject to Sec. 50 of P.D. No. 1529 or the Property Registration… Read More REPUBLIC v. ORTIGAS & COMPANY LIMITED PARTNERSHIP G.R. No.171496 March 3, 2014 Appellate Remedies, Question of Law v. Question of Fact

Remedial Law

MELECIO ARRANZ, v MANILA SURETY & FIDELITY CO., INC., G.R. No. L-12844 June 30, 1960

FULL TEXT An action was brought in the Court of First Instance of Manila by the plaintiff to recover from the defendant the sum of P14,200 claimed to have been paid by him under no obligation to pay to the defendant; P2,000 for attorney’s fees and P10,000 for moral and exemplary damages and costs. A… Read More MELECIO ARRANZ, v MANILA SURETY & FIDELITY CO., INC., G.R. No. L-12844 June 30, 1960

Mercantile Law

CEMCO HOLDINGS, INC. v. NLIC NATIONAL LIFE INSURANCE COMPANY G.R. No. 171815 August 7, 2007 Tender Offer Rule, Securities Regulation Code

FACTS: Union Cement Corporation (UCC), a publicly-listed company, has two principal stockholders – UCHC and petitioner Cemco. Majority of UCHC’s stocks were owned by BCI and ACC.  Cemco, on the other hand, owned 9% of UCHC stocks. BCI informed the Philippine Stock Exchange (PSE) that it and its subsidiary ACC had passed resolutions to sell… Read More CEMCO HOLDINGS, INC. v. NLIC NATIONAL LIFE INSURANCE COMPANY G.R. No. 171815 August 7, 2007 Tender Offer Rule, Securities Regulation Code

Taxation

CIR v. BURMEISTER GR No. 190021, Oct 22, 2014 J. PERLAS-BERNABE; VAT, Tax Remedies, Tax Credit/Refund

FACTS: Respondent Burmeister And Wain Scandinavian Contractor Mindanao, Inc., is a VAT registered corporation primarily engaged in industrial and power-generating plants and related facilities for the conversion into electricity of coal distillate, and other fuels.  Respondent subcontracted from a consortium of non-resident foreign corporations the actual operation and maintenance of two 100-megawatt power barges owned… Read More CIR v. BURMEISTER GR No. 190021, Oct 22, 2014 J. PERLAS-BERNABE; VAT, Tax Remedies, Tax Credit/Refund