Category: Remedial Law

— Remedial Law —

Bustos v. Lucero GR No. L-2068 Oct 20, 1948 81 Phil 640 Substantive Law v. Remedial Law

October 5, 2019

FACTS: Accused, Dominador Bustos, assisted by counsel, appeared at the preliminary investigation, wherein the justice of the peace informed him of the charges and asked him if he pleaded guilty or not guilty, to which he entered the plea of not guilty.  Then his counsel moved that the complainant present her evidence so that she… Read More Bustos v. Lucero GR No. L-2068 Oct 20, 1948 81 Phil 640 Substantive Law v. Remedial Law

— Remedial Law —

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

October 1, 2019

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 —

CIR v. Mirant Pagbilao Corporation, G.R. No. 159593, October 12, 2006 Liberal Interpretation and Application of Procedural Rules

October 1, 2019

FACTS: MPC is a domestic corporation licensed by the SEC to principally engage in the business of power generation and subsequent sale thereof. It is registered with the BIR as a VAT registered entity. For the period April 1, 1996 to December 31, 1996, [MPC] seasonably filed its Quarterly VAT Returns reflecting accumulated input taxes… Read More CIR v. Mirant Pagbilao Corporation, G.R. No. 159593, October 12, 2006 Liberal Interpretation and Application of Procedural Rules

— Remedial Law —

Calilim v. Ramirez G.R. No. L-34362 November 19, 1982 Res Judicata, Bar by Prior Judgment, Estoppel by Laches

September 29, 2019

FACTS: Sometime in 1961, a judgment for a sum of money was rendered in favor of Independent Mercantile Corp. (IMC) against a certain Manuel Magali.  After said judgment became final, a writ of execution was issued, and a Notice of Levy made on a parcel of land covered by  TCT No. 9138, registered in the… Read More Calilim v. Ramirez G.R. No. L-34362 November 19, 1982 Res Judicata, Bar by Prior Judgment, Estoppel by Laches

— Bar Q & A, Remedial Law —

SUGGESTED ANSWERS TO THE 2018 BAR EXAMINATION in REMEDIAL LAW

September 28, 2019

U.P. Law Complex I. Danielle, a Filipino citizen and permanent resident of Milan, Italy, filed with the Regional Trial Court (RTC) of Davao City, where she owns a rest house, a complaint for ejectment against Dan, a resident of Barangay Daliao, Davao City. Danielle’s property, which is located in Digos City, Davao del Sur, has… Read More SUGGESTED ANSWERS TO THE 2018 BAR EXAMINATION in REMEDIAL LAW

— Civil Law, Remedial Law —

Recent Rulings on RECONSTITUTION OF TITLE (R.A. NO. 26)RECONVEYANCE and QUIETING OF TITLE

September 23, 2019

Application of — The fact of loss or destruction of the owner’s duplicate certificate of title is crucial in clothing the RTC with jurisdiction over the judicial reconstitution proceedings; the rule that when the owner’s duplicate certificate of title was not actually lost or destroyed, but is in fact in the possession of another person,… Read More Recent Rulings on RECONSTITUTION OF TITLE (R.A. NO. 26)RECONVEYANCE and QUIETING OF TITLE

— Bar Q & A, Remedial Law —

SUGGESTED ANSWERS TO THE 2014 BAR EXAMINATION QUESTIONS IN REMEDIAL LAW UP Law Complex

August 18, 2019

I. Ludong, Balatong, and Labong were charged with murder. After trial, the court announced that the case was considered submitted for decision. Subsequently, the Clerk of Court issued the notices of promulgation of judgment which were duly received. On promulgation day. Ludong and his lawyer appeared. The lawyers of Balatong and Labong appeared but without… Read More SUGGESTED ANSWERS TO THE 2014 BAR EXAMINATION QUESTIONS IN REMEDIAL LAW UP Law Complex

— Bar Q & A, Remedial Law —

SUGGESTED ANSWERS TO THE 2017 BAR EXAMINATION QUESTIONS IN REMEDIAL LAW UP Law Complex

August 4, 2019

I. What trial court outside Metro Manila has exclusive original jurisdiction over the following cases? Explain briefly your answers.  (a) An action filed on November 13, 2017 to recover the possession of an apartment unit being occupied by the defendant by mere tolerance of the plaintiff, after the former ignored the last demand to vacate… Read More SUGGESTED ANSWERS TO THE 2017 BAR EXAMINATION QUESTIONS IN REMEDIAL LAW UP Law Complex

— Criminal Law, Remedial Law —

PEOPLE v. LAYAG G.R. No. 214875, October 17, 2016 J. Perlas-Bernabe Doctrine of Immutability of Judgment, How Criminal Liability is totally Extinguished

July 29, 2019

FACTS: The Court adopted in toto the Decision dated January 29, 2014 of the CA, the pertinent portion of which reads: WHEREFORE, the Court ADOPTS the findings of fact and conclusions of law in the January 29, 2014 Decision of the CA in CA-G.R. [CR-H.C.] No. 05383 and AFFIRMS said Decision finding accused­ appellant Ariel… Read More PEOPLE v. LAYAG G.R. No. 214875, October 17, 2016 J. Perlas-Bernabe Doctrine of Immutability of Judgment, How Criminal Liability is totally Extinguished

— Remedial Law —

PHILIPPINE NAILS AND WIRES v. MALAYAN INSURANCE G.R. No. 143933 February 14, 2003 Execution Pending Appeal

July 25, 2019

FACTS: Herein petitioner filed a complaint for recovery of the contractual liability of respondent, for the recovery of the sum of P2,698,637.00, representing the insured value of the lost or undelivered 377.168 metric tons of Prime Newly Hot Rolled Steel Billets, including attorney’s fees and costs. Respondent filed a motion to dismiss, which was denied… Read More PHILIPPINE NAILS AND WIRES v. MALAYAN INSURANCE G.R. No. 143933 February 14, 2003 Execution Pending Appeal