Remedial Law

LEE v. P/SUPT. NERI A. ILAGAN G.R. No. 203254, October 08, 2014 J. PERLAS-BERNABE Writ of Habeas Data Rule

FACTS: In his Petition for Issuance of the Writ of Habeas Data, Ilagan alleged that he and petitioner Dr. Joy Margate Lee were former common law partners. Sometime in July 2011, he visited Lee at the latter’s condominium, Ilagan noticed that his digital camera was missing. Lee confronted Ilagan at the latter’s office regarding a… Read More LEE v. P/SUPT. NERI A. ILAGAN G.R. No. 203254, October 08, 2014 J. PERLAS-BERNABE Writ of Habeas Data Rule

Remedial Law

REPUBLIC v. TRANSUNION CORPORATION G.R. No. 191590 April 21, 2014 J. Perlas-Bernabe, Judicial Recourse, Exhaustion of Administrative Remedies

FACTS: Leticia Salamat filed an Application to Purchase Friar Lands with the CENRO of the DENR. Her application was subsequently indorsed to the Land Management Bureau (LMB) for final action. Thereafter, Salamat was informed that subject lot was already covered by a TCT in the name of Transunion. This prompted Salamat to file a Protest… Read More REPUBLIC v. TRANSUNION CORPORATION G.R. No. 191590 April 21, 2014 J. Perlas-Bernabe, Judicial Recourse, Exhaustion of Administrative Remedies

Remedial Law

FERNANDEZ v. VILLEGAS G.R. No. 200191, August 20, 2014 J. Perlas-Bernabe Defective Verification & Certification Against Forum-Shopping

FACTS: Petitioner Lourdes and her sister Cecilia averred that they are the registered owners of the subject property on which both Lourdes and respondents previously lived under one roof. While Norma, Cecilia’s daughter-in-law, and her family were, in the meantime, allowed to use a portion thereof. Respondents erected  a house thereon over plaintiffs’ objections and,… Read More FERNANDEZ v. VILLEGAS G.R. No. 200191, August 20, 2014 J. Perlas-Bernabe Defective Verification & Certification Against Forum-Shopping

Remedial Law

LOZADA v. BRACEWELL G.R. No. 179155 April 2, 2014 J. Perlas-Bernabe VENUE

FACTS: On December 10, 1976, petitioner filed an application for registration and confirmation of title over a parcel of land covered by Plan PSU-129514, which was granted on February 23, 1989 by the RTC of Makati City, acting as a land registration court. Consequently, on July 10, 1997, the LRA issued Decree No. N-217036 in… Read More LOZADA v. BRACEWELL G.R. No. 179155 April 2, 2014 J. Perlas-Bernabe VENUE

Remedial Law

BRIONES v. CA G.R. No. 204444, January 14, 2015 J. Perlas-Bernabe VENUE

FACTS: Virgilio C. Briones filed a Complaint before the RTC Manila, for nullity of contracts, and damages against Cash Asia, alleging that he is the owner of the subject property, and that his sister informed him that his property had been foreclosed and a writ of possession had already been issued in favor of Cash… Read More BRIONES v. CA G.R. No. 204444, January 14, 2015 J. Perlas-Bernabe VENUE

Remedial Law

BAGUIO MARKET VENDORS MULTI-PURPOSE COOPERATIVE v. CABATO-CORTES GR No. 165922, Feb 26, 2010 627 Phil. 543 Legal Fees, Cooperative Code of the Philippines

FACTS: Petitioner Baguio Market Vendors Multi-Purpose Cooperative is a credit cooperative organized under RA 6938, or the Cooperative Code of the Philippines. Article 62(6) of RA 6938 exempts cooperatives: from the payment of all court and sheriff’s fees payable to the Philippine Government for and in connection with all actions brought under this Code, or… Read More BAGUIO MARKET VENDORS MULTI-PURPOSE COOPERATIVE v. CABATO-CORTES GR No. 165922, Feb 26, 2010 627 Phil. 543 Legal Fees, Cooperative Code of the Philippines

Remedial Law

SPS. BELEN v. CHAVEZ G.R. NO. 175334 March 26, 2008 Service of Summons, Jurisdiction over the person of the parties

FACTS: The instant petition originated from the action for the enforcement of a foreign judgment against petitioners spouses Belen, filed by private respondent spouses Pacleb. Private respondents secured a judgment by default with the Superior Court of the State of California. The judgment ordered petitioners to pay private respondents the amount of $56,204.69 representing loan… Read More SPS. BELEN v. CHAVEZ G.R. NO. 175334 March 26, 2008 Service of Summons, Jurisdiction over the person of the parties

Remedial Law

CHING v. CA G.R. No. L-59731 January 11, 1990 Action in Rem v. Action in Personam, Jurisdiction

FACTS: Spouses Maximo Nofuente and Dominga Lumandan are owners of a parcel of land. 5/6 portion of the property was reconveyed by said spouses to Francisco, Regina, Perfects, Constancio and Matilde all surnamed Nofuente and TCT No. 78633 was issued accordingly. By virtue of a sale to Ching Leng TCT No. 91137 was issued and… Read More CHING v. CA G.R. No. L-59731 January 11, 1990 Action in Rem v. Action in Personam, Jurisdiction

Remedial Law

MARCOS-ARANETA v. CA G.R. NO. 154096 August 22, 2008 Substantial Compliance with the rule on Verification and Certification of Non-forum Shopping, Verification not Jurisdictional; May be Corrected, Commonality of Interest

FACTS: Irene Marcos-Araneta instituted two complaints for conveyance of shares against the Benedicto Group with prayer for the issuance of a TRO for the latter’s refusal to reconvey 65% stockholdings of FEMII and UEC pursuant to their alleged obligation to hold those shares and their fruits in trust and for the benefit of Irene to… Read More MARCOS-ARANETA v. CA G.R. NO. 154096 August 22, 2008 Substantial Compliance with the rule on Verification and Certification of Non-forum Shopping, Verification not Jurisdictional; May be Corrected, Commonality of Interest

Constitutional Law, Remedial Law

PEOPLE v. SANDIGANBAYAN G.R. No. 199151-56 July 25, 2016 Rule 45 v. Rule 65, Inordinate Delay, Right to Speedy Disposition of Cases

FACTS: This is a special civil action for certiorari which seeks to annul and set aside the Resolutions by public respondent Sandiganbayan for allegedly having been issued without or in excess of jurisdiction or with grave abuse of discretion amounting to lack or excess of jurisdiction, and to reinstate the six Informations for Violation of… Read More PEOPLE v. SANDIGANBAYAN G.R. No. 199151-56 July 25, 2016 Rule 45 v. Rule 65, Inordinate Delay, Right to Speedy Disposition of Cases