Category: Remedial Law

— Constitutional Law, Remedial Law —

ESPINAS v. COA G.R. No. 198271  April 1, 2014, Separation of Powers, Rule 64, Rules of Court, Commission on Audit

May 15, 2019

FACTS: Petitioners are department managers of the Local Water Utilities Administration (LWUA), a government-owned and controlled corporation, who, together with 28 other LWUA officials, sought reimbursement of their extraordinary and miscellaneous expenses (EME). The COA, through the Supervising Auditor  (SA) assigned to the LWUA, issued Audit Observation Memorandum (AOM) No. AOM-2006-27, revealing the reimbursements  to… Read More ESPINAS v. COA G.R. No. 198271  April 1, 2014, Separation of Powers, Rule 64, Rules of Court, Commission on Audit

— 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 —

PINAUSUKAN SEAFOOD HOUSE vs. FAR EAST BANK & TRUST COMPANY  G.R. No. 159926 January 20, 2014 Petition for Annulment of Judgment

May 15, 2019

FACTS: On various dates in 1993, Bonier de Guzman, President of Pinausukan, executed four real estate mortgages involving the Pinausukan’s parcel of land in favor of Far East Bank. The unpaid obligation secured by the mortgages went up to ₱15,129,303.67. The Bank commenced proceedings for the extrajudicial foreclosure of the mortgages, and two weeks thereafter,… Read More PINAUSUKAN SEAFOOD HOUSE vs. FAR EAST BANK & TRUST COMPANY  G.R. No. 159926 January 20, 2014 Petition for Annulment of Judgment

— Remedial Law —

ROSS RICA SALES CENTER, INC. v. Sps. ONG, Erroneous Appeal, Rule 42

May 13, 2019

FACTS: Ross Rica Sales Center, Inc. and Juanito King and Sons, Inc. (petitioners) had acquired the lands subject in this case from Mandaue Prime Estate Realty through a sale. In turn, it appears that Mandaue Prime Estate Realty had acquired the properties from the respondents through a Deed of Absolute Sale. However, this latter deed… Read More ROSS RICA SALES CENTER, INC. v. Sps. ONG, Erroneous Appeal, Rule 42

— Political Law, Remedial Law —

OFFICE OF THE OMBUDSMAN v. ERNESTO M. DE CHAVEZ, et al. G.R. No. 172206, July 03, 2013 Rules and Procedure of the Office of the Ombudsman (RA 6770), Intervention

May 12, 2019

FACTS: The Batangas State University Board of Regents (BSU-BOR) received an Order from the Deputy Ombudsman directing it to enforce OMB’s Joint Decision and Supplemental Resolution finding herein respondents guilty of dishonesty and grave misconduct and imposing the penalty of dismissal from service with its accessory penalties. The BSU-BOR issued Resolution No. 18, implementing the… Read More OFFICE OF THE OMBUDSMAN v. ERNESTO M. DE CHAVEZ, et al. G.R. No. 172206, July 03, 2013 Rules and Procedure of the Office of the Ombudsman (RA 6770), Intervention

— Remedial Law —

INDOYON, JR. v. CA Petition for Review under Rule 45 v. Special Civil Action under Rule 65

May 11, 2019

FACTS Petitioner Ebrencio F. Indoyon, Jr., was the municipal treasurer of Lingig, Surigao del Sur, with Salary Grade 24. In 2005, it was discovered that petitioner had incurred a cash shortage in the amount of ₱1,222,648.42. In a letter, State Auditor Bautista of COA demanded the immediate production of the missing funds and the submission… Read More INDOYON, JR. v. CA Petition for Review under Rule 45 v. Special Civil Action under Rule 65

— Remedial Law —

ALMA JOSE vs. JAVELLANA G.R. No. 158239 January 25, 2012 Appeal, Final Order v. Interlocutory Order

May 10, 2019

FACTS: Margarita Alma Jose (Margarita) sold to respondent Ramon Javellana by deed of conditional sale two parcels of land. They agreed that the registration shall be undertaken by Margarita within a reasonable period of time, and that should Margarita become incapacitated, her son and attorney-in-fact, Juvenal and her daughter, petitioner Priscilla M. Alma Jose, would… Read More ALMA JOSE vs. JAVELLANA G.R. No. 158239 January 25, 2012 Appeal, Final Order v. Interlocutory Order

— Civil Law, Remedial Law —

BENJAMIN PALAGANAS vs. ERNESTO PALAGANAS G.R. No. 169144 January 26, 2011 Probate of a foreign will

May 5, 2019

FACTS: Ruperta Palaganas, a Filipino who became a naturalized U.S. citizen, died single and childless. In the last will and testament she executed in California, she designated her brother, Sergio, as the executor of her will for she had left properties in the Philippines and in the U.S. Ernesto, another brother of Ruperta, filed with… Read More BENJAMIN PALAGANAS vs. ERNESTO PALAGANAS G.R. No. 169144 January 26, 2011 Probate of a foreign will

— Civil Law, Remedial Law —

Norberte v. Mejia  G.R. No. 182886, March 09, 2015 Accion Publiciana, Ejectment, Contract of Sale, Contract to Sell

April 6, 2019

FACTS: Edgardo Ongsiaco, owner of the lot subject of this case, allowed Dativa Gonzales to occupy the same and build a house thereon. However, Ongsiaco later sold the land to the spouses Legaspi, who caused the registration of the property in their names. Thus, the Spouses Legaspi filed an action for ejectment against Gonzales. The… Read More Norberte v. Mejia  G.R. No. 182886, March 09, 2015 Accion Publiciana, Ejectment, Contract of Sale, Contract to Sell

— Remedial Law —

BOSTON EQUITY RESOURCES, INC., vs. CA & LOLITA G. TOLEDO Appellate Remedies, Special Civil Action for Certiorari, Interlocutory Order, Grave Abuse of Discretion

April 6, 2019

  FACTS: Petitioner filed a complaint for sum of money with a prayer for the issuance of a writ of preliminary attachment against the spouses Manuel and Lolita Toledo. Upon the death of Manuel, he was substituted by his children as party-defendants. During trial, the reception of evidence for herein respondent was cancelled upon agreement… Read More BOSTON EQUITY RESOURCES, INC., vs. CA & LOLITA G. TOLEDO Appellate Remedies, Special Civil Action for Certiorari, Interlocutory Order, Grave Abuse of Discretion