Tag: certiorari

— Remedial Law —

VILLAREAL vs. ALIGA .G.R. No 166995  January 13, 2014 Double Jeopardy, Rule 65

May 24, 2019

FACTS: Consuelo Aliga was charged for the crime of Qualified Theft thru Falsification of Commercial Document allegedly committed by her being then an accountant of Dentrade Inc., who had access to the company’s checking accounts. She was accused of stealing from complainant’s office a check in the amount of P5,000.00, falsified the amount by changing… Read More VILLAREAL vs. ALIGA .G.R. No 166995  January 13, 2014 Double Jeopardy, Rule 65

— Remedial Law —

NOVATEKNIKA vs. PNB G.R. No. 194104  March 13, 2013 Rule 65, Appellate Remedies

May 18, 2019

FACTS: Petitioner Novateknika Land Corporation (NLC), together with 9 other Corporations, entered into a Credit Agreement with PNB for the availment of an omnibus line in the principal amount of ₱500,000,000.00. After 2 Renewal Agreements, their total outstanding principal obligation went up to ₱593,449,464.79. Due to nonpayment depsite repeated demands, PNB filed petitions for extrajudicial… Read More NOVATEKNIKA vs. PNB G.R. No. 194104  March 13, 2013 Rule 65, Appellate Remedies

— Constitutional Law, Remedial Law, Taxation —

CITY OF MANILA vs. GRECIA-CUERDO G.R. No. 175723  February 4, 2014 Writ of Certiorari in Tax Cases, CTA Jurisdiction, Local Tax, Tax Remedies

May 16, 2019

FACTS: Petitioner City of Manila, through its treasurer, assessed taxes against private respondents SM Mart, Inc., SM Prime Holdings, Inc., Star Appliances Center, Supervalue, Inc., Ace Hardware Philippines, Inc., Watsons Personal Care Stores Phils., Inc., Jollimart Philippines Corp., Surplus Marketing Corp. and Signature Lines. In addition to the taxes purportedly due from private respondents pursuant… Read More CITY OF MANILA vs. GRECIA-CUERDO G.R. No. 175723  February 4, 2014 Writ of Certiorari in Tax Cases, CTA Jurisdiction, Local Tax, Tax Remedies

— Constitutional Law, Remedial Law —

TAN vs. DUMARPA G.R. No. 138777  September 22, 2004 Petition for Certiorari under Rule 65, TAN vs. DUMARPA G.R. No. 138777  September 22, 2004 Petition for Certiorari under Rule 65, Judgment by Default, Substantial Justice

May 15, 2019

Suits should as much as possible be decided on the merits and not on technicalities. In this regard, we have often admonished courts to be liberal as default judgments are frowned upon and not looked upon with favor for they may amount to a positive and considerable injustice to petitioner and the possibility of such… Read More TAN vs. DUMARPA G.R. No. 138777  September 22, 2004 Petition for Certiorari under Rule 65, TAN vs. DUMARPA G.R. No. 138777  September 22, 2004 Petition for Certiorari under Rule 65, Judgment by Default, Substantial Justice

— Remedial Law —

PEOPLE VS. UY G.R. No. 158157 September 30, 2005 Demurrer to Evidence, Certiorari, Rule 65

October 26, 2017

FACTS: Louel Uy and Teofilo Panangin were charged for the killing of Rabel Campos who was found dead with several stab wounds. The RTC granted the separate demurrer to evidence of accused Uy and Panangin resulting in their acquittal for murder due to insufficiency of evidence, but nevertheless holding them jointly and severally liable to… Read More PEOPLE VS. UY G.R. No. 158157 September 30, 2005 Demurrer to Evidence, Certiorari, Rule 65

— Criminal Law, Mercantile Law, Remedial Law —

PEOPLE v. JOSE C. GO, et al. G.R. No. 191015, August 06, 2014 certiorari, Demurrer to Evidence, estafa, fiduciary nature of banks, Rule 65, simple loan

October 5, 2017

FACTS Orient Commercial Banking Corporation (OCBC), a commercial bank was ordered closed by the BSP.  PDIC was designated as OCBC receiver, and it took over the bank’s affairs, assets and liabilities, records, and collected the bank’s receivables. In 1997, it appears that fictitious loans in favor of two entities – Timmy’s, Inc. and Asia Textile… Read More PEOPLE v. JOSE C. GO, et al. G.R. No. 191015, August 06, 2014 certiorari, Demurrer to Evidence, estafa, fiduciary nature of banks, Rule 65, simple loan