Remedial Law

SM Land, Inc. v. City of Manila G.R. No. 197151, October 22, 2012 Verification and Certification of Non-forum Shopping, Inherent Power of the Supreme Court to Suspend its own Rules

FACTS: Respondent City of Manila assessed herein petitioners, together with their other sister companies, increased rates of business taxes for the year 2003 and the first to third quarters of 2004. Petitioners and their sister companies paid the additional taxes under protest. Respondent City Treasurer of Manila denied petitioners’  claim for  credit or refund of… Read More SM Land, Inc. v. City of Manila G.R. No. 197151, October 22, 2012 Verification and Certification of Non-forum Shopping, Inherent Power of the Supreme Court to Suspend its own Rules

Remedial Law

Asset Privatization Trust v. CA, G.R. No. 121171, December 29, 1998 Jurisdiction

FACTS: MMIC, a domestic corporation engaged in mining, was granted the exclusive right to explore, develop and exploit nickel, cobalt and other minerals in the Surigao mineral reservation.  Through the efforts of the government to support the financing of MMIC the DBP approved guarantees in favor of MMIC. MMIC, PNB and DBP executed a Mortgage… Read More Asset Privatization Trust v. CA, G.R. No. 121171, December 29, 1998 Jurisdiction

Remedial Law

AYALA LAND v. MORRIS CARPO, ET AL. G.R. No. 140162 November 22, 2000 Payment of Docket Fees

FACTS: Respondent spouses Morris and Socorro Carpo brought an action against Ayala Land, Inc. (ALI) for quieting of title.  Respondents claimed to be the true and lawful owners of a 171,309-sqm parcel of land in Las Piñas registered under Transfer Certificate of Title No. 296463 in their names.  They sought the annulment of the following… Read More AYALA LAND v. MORRIS CARPO, ET AL. G.R. No. 140162 November 22, 2000 Payment of Docket Fees

Remedial Law

Santo Tomas University Hospital v. Surla, et al., G.R. No. 129718, August 17, 1998 Certification against Forum Shopping, Compulsory Counterclaim

FACTS: Respondent spouses filed a complaint for damages against petitioner Santo Tomas University Hospital alleging that their son, Emmanuel Cesar Surla, while confined at the said hospital for having been born prematurely, had accidentally fallen from his incubator, possibly causing serious harm on the child.  Petitioner hospital filed its Answer with “Compulsory Counterclaim” asserting that… Read More Santo Tomas University Hospital v. Surla, et al., G.R. No. 129718, August 17, 1998 Certification against Forum Shopping, Compulsory Counterclaim

Remedial Law

Optima Realty Corporation V. Hertz Phil. Exclusive Cars, Inc., G.R. No. 183035, January 9, 2013 Jurisdiction over the Person of the Defendant, Voluntary Appearance

FACTS: Optima is engaged in the business of leasing and renting out commercial spaces and buildings to its tenants.  Optima entered into a Contract of Lease with respondent over a 131-square-meter office unit and a parking slot in the Optima Building for a period of three years. Later, the parties amended their lease agreement by… Read More Optima Realty Corporation V. Hertz Phil. Exclusive Cars, Inc., G.R. No. 183035, January 9, 2013 Jurisdiction over the Person of the Defendant, Voluntary Appearance

Remedial Law

De Joya v. Marquez et al. G.R. No. 162416, January 31, 2006 Requisites for the Exercise of Jurisdiction

FACTS: Petitioner Chester De Joya asserts that respondent Judge Placido C. Marquez erred in finding the existence of probable cause that justifies the issuance of a warrant of arrest against him and his co-accused. Hence, he filed the instant petition for certiorari and prohibition that seeks the Court to nullify and set aside the warrant… Read More De Joya v. Marquez et al. G.R. No. 162416, January 31, 2006 Requisites for the Exercise of Jurisdiction

Remedial Law

PAL v. FASAP G.R. No. 143088 January 24, 2006 Certificate of Non Forum Shopping

FACTS:  Flight Attendants and Stewards Association of the Philippines (FASAP) and Leonardo Bhagwani filed a complaint for unfair labor practice, illegal suspension and illegal dismissal against petitioners before the Labor Arbiter of NLRC. The Labor Arbiter ruled against PAL, and, consequently, ordered the payment of damages. The NLRC later modified the decision by setting aside… Read More PAL v. FASAP G.R. No. 143088 January 24, 2006 Certificate of Non Forum Shopping

Remedial Law

Ceroferr Realty Corporation v. CA, G.R. No. 139539, February 5, 2002 Cause of Action, Jurisdiction over the Subject Matter, Lack of Cause of Action

FACTS: Plaintiff (Ceroferr Realty) filed with the RTC, a complaint against defendant Ernesto D. Santiago praying that Santiago and his agents: be enjoined from – claiming possession and ownership over Lot No. 68 of the Tala Estate Subdivision, QC,; be prevented from making use of the vacant lot as a jeepney terminal; and be ordered… Read More Ceroferr Realty Corporation v. CA, G.R. No. 139539, February 5, 2002 Cause of Action, Jurisdiction over the Subject Matter, Lack of Cause of Action