WRIT OF AMPARO ––      The petition for the writ of amparo partakes of a summary proceeding that requires only substantial evidence to make the appropriate interim and permanent reliefs available to the petitioner. (Gen. Bautista vs. Atty. Dannug-Salucon, G.R. No. 221862, Jan. 23, 2018) ––      The respondent who is a public… Read More Petition for Writ of Amparo; Concept; Application; Prohibited Pleadings; and Issuance thereof

FACTS: Sps. Procopio and Carmelita Sanchez filed a civil action for damages for alleged disrespect for the dignity, privacy and peace of mind of the SPOUSES under Article 26 of the Civil Code, and for alleged defamation under Article 33 of the same Code against petitioners Elmer, Adelaida and Cecilia, all surnamed Peregrina, is The… Read More Peregrina v. Panis G.R. No. 56011. October 31, 1984 Conciliation Process at the Barangay Level, Condition Precedent for the Filing of Complaint

FACTS: Petitioner is engaged in the business of transportation and the franchise owner of a Ceres Bulilit bus with Plate No. T-0604-1348.  Respondent’s husband, Quintin Catubig, Jr. (Catubig), was driving a motorcycle on his way home from Dumaguete City with his employee, Teddy Emperado.  While approaching a curve, Catubig tried to overtake a slow moving… Read More VALLACAR TRANSIT, INC. v. JOCELYN CATUBIG G.R. No. 175512 May 30, 2011 Verification, Certification Against Forum Shopping

FACTS: Respondents filed a Complaint for “Declaration of Nullity of Documents, Recovery of Shares, Partition, Damages and Attorney’s Fees” against herein petitioners.   Petitioners filed a Motion to Dismiss contending, among others, that the RTC has no jurisdiction to try the case on the ground that, as the case involves title to or possession of real… Read More GENESIS INVESTMENT v. HEIRS OF CEFERINO EBARASABA GR No. 181622, Nov. 20, 2013 B.P. Blg. 129, Actions Incapable of Pecuniary Estimation, RTC-Jurisdiction

FACTS: Jaime C. Tan executed a deed of absolute sale over the property in question in favor of spouses Jose and Estrella Magdangal.  Simultaneously, they entered into another agreement giving Tan one (1) year within which to redeem or repurchase the property. Tan failed to redeem the property until his death on January 4, 1988.… Read More Tan, Jr. v. CA, G.R. No. 136368 January 16, 2002 Retroactive Application of Procedural Laws

FACTS: Petitioners filed a complaint against private respondents, denominated “DECLARATION OF NULLITY AND PARTITION,” with the RTC, alleging that petitioners are co-owners of that parcel of land [Lot 6149], previously owned by the spouses Tautho. Upon the death of said spouses, the property was inherited by their legal heirs, herein petitioners and private respondents. Since then,… Read More RUSSELL, et al., v. VESTIL G.R. No. 119347 March 17, 1999 B.P. Blg. 129, RTC Jurisdiction, Actions Incapable of Pecuniary Estimation

FACTS: Respondent Bantigue filed with the RTC of Rosario, Batangas an application for original registration of title over a parcel of land with a total assessed value of P14,920 for the entire property. Petitioner Republic filed its Opposition to the application for registration while the records were still with the RTC. The RTC Clerk of… Read More Republic v. Bantigue Point Dev’t Corp., G. R. No. 162322 : March 14, 2012 B.P. Blg. 129 or the Judiciary Reorganization Act, Jurisdiction in Cadastral Cases, Laches