Category: Remedial Law

— Criminal Law, Remedial Law —

Reyes v. People G.R. No. 232678, July 03, 2019 RA 9262, Psychological Violence, Sufficiency of the Information

January 10, 2021

FACTS: AAA and Esteban Donato Reyes were married and have four children, of whom only three are living, and who are all now of legal ages. Reyes was seldom at home since he used to render military service as a Philippine Air Force pilot, then as a commercial pilot for the Philippine Airlines, and later… Read More Reyes v. People G.R. No. 232678, July 03, 2019 RA 9262, Psychological Violence, Sufficiency of the Information

— Civil Law, Remedial Law —

Villanueva v. Nite, G.R. No. 148211, July 25, 2006 Annulment of Judgment , Extrinsic or Collateral Fraud, Compulsory Joinder of Indispensable Parties, Relativity of Contracts

January 9, 2021

FACTS: Respondent Marlyn Nite took out a loan of P409,000 from petitioner SIncere Villanueva and secured it with an Asian Bank Corporation (ABC) check in the amount of P325,500 dated February 8, 1994. The date was later changed to June 8, 1994 with the consent and concurrence of petitioner. The check was dishonored due to… Read More Villanueva v. Nite, G.R. No. 148211, July 25, 2006 Annulment of Judgment , Extrinsic or Collateral Fraud, Compulsory Joinder of Indispensable Parties, Relativity of Contracts

— Remedial Law —

Umale v. Canoga Park Development Corporation, G.R. No. 167246, July 20, 2011 Litis Pendencia -Requisites, The “Same Evidence” Test

January 8, 2021

FACTS: George Leonard S. Umale (petitioner) and Canoga Park Development Corporation entered into a Contract of Lease whereby the petitioner agreed to lease an 860sqm prime lot owned by the respondent.  Before the lease contract expired, the respondent filed an unlawful detainer case against the petitioner on the ground of petitioner’s violation of stipulations in… Read More Umale v. Canoga Park Development Corporation, G.R. No. 167246, July 20, 2011 Litis Pendencia -Requisites, The “Same Evidence” Test

— Remedial Law —

Municipality of Kananga v. Madrona, G.R. No. 141375, April 30, 2003 General Jurisdiction of the RTC

January 7, 2021

FACTS: A boundary dispute arose between the Municipality of Kananga and the City of Ormoc. By agreement, the parties submitted the issue to amicable settlement by a joint session of the Sangguniang Panlungsod of Ormoc City and the Sangguniang Bayan of Kananga. No amicable settlement was reached. Hence, a resolution was issued certifying that the… Read More Municipality of Kananga v. Madrona, G.R. No. 141375, April 30, 2003 General Jurisdiction of the RTC

— Remedial Law —

Enriquez v. Enriquez G.R. No. 139303 August 25, 2005 Payment of Docket Fees, Statutory Construction, Liberal Interpretation of the Rules of Procedure

December 21, 2020

FACTS: Maximo Enriquez, later substituted by his heirs (now respondents), filed with the a complaint for partition against petitioners, involving a parcel of land covered by TCT No. T-28593, with an area of 44,984 sqms. He alleged that he owns 10/18 undivided portion of the property, 9/18 by purchase and 1/18 by inheritance; and that… Read More Enriquez v. Enriquez G.R. No. 139303 August 25, 2005 Payment of Docket Fees, Statutory Construction, Liberal Interpretation of the Rules of Procedure

— Bar Q & A, Remedial Law —

SUGGESTED ANSWERS TO THE 2018 BAR EXAMINATION in REMEDIAL LAW UP Law Complex

December 19, 2020

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 an assessed value… Read More SUGGESTED ANSWERS TO THE 2018 BAR EXAMINATION in REMEDIAL LAW UP Law Complex

— Remedial Law —

EVERSLEY CHILDS SANITARIUM v. SPOUSES ANASTACIO PERLABARBARONA G.R. No. 195814 APRIL 4, 2018 J. Leonen Unlawful Detainer, Jurisdiction

December 12, 2020

FACTS: Eversley is a public health facility operated by the DOH primarily to administer care and treatment to leprosy patients. Since 1930, it has occupied a portion of a parcel of land denominated as Lot No. 1936 in Jagobiao, Mandaue City, Cebu. Spouses Barbarona allege that they are the owners of Lot No. 1936 by… Read More EVERSLEY CHILDS SANITARIUM v. SPOUSES ANASTACIO PERLABARBARONA G.R. No. 195814 APRIL 4, 2018 J. Leonen Unlawful Detainer, Jurisdiction

— Constitutional Law, Remedial Law —

People v. CA and Cerbo G.R. No. 126005 January 21, 1999 Probable Cause, Executive and Judicial Determination of Probable cause

December 8, 2020

FACTS: Rosalinda Dy was shot at point blank range by private respondent Jonathan Cerbo in the presence and at the office of his father, private respondent Billy Cerbo.  The 3rd Municipal Circuit Trial Court of Nabunturan-Mawab, Davao, after a preliminary investigation, found “sufficient ground to engender a well-founded belief” that the crime of murder has… Read More People v. CA and Cerbo G.R. No. 126005 January 21, 1999 Probable Cause, Executive and Judicial Determination of Probable cause

— Remedial Law —

Bautista v. Maya-Maya Cottages, Inc., G.R. No. 148411, November 29, 2005 Amended ComplaintBautista v. Maya-Maya Cottages, Inc., G.R. No. 148411, November 29, 2005 Amended Complaint

December 7, 2020

FACTS: Petitioners, Sps. Rafael and Ligaya Bautista, are the registered owners of the subject lot located in Nasugbu, Batangas, as evidenced by Original Certificate of Title (OCT) No. P-1436 issued in their names by the Register of Deeds. On May 13, 1996, Maya-Maya Cottages, Inc. (MMCI), respondent, filed with the RTC of Nasugbu, a complaint… Read More Bautista v. Maya-Maya Cottages, Inc., G.R. No. 148411, November 29, 2005 Amended ComplaintBautista v. Maya-Maya Cottages, Inc., G.R. No. 148411, November 29, 2005 Amended Complaint

— Remedial Law —

Fredesvindo S. Alvero v. M.L. De La Rosa et. al. G.R. No. L-286, March 29, 1946 Appeal, Rules of Court

November 28, 2020

FACTS: Respondent Jose R. Victoriano filed a complaint against petitioner and one Margarita Villarica, alleging two causes of action, to wit:  (1) to declare in force the contract of sale, made on October 1, 1940, between Victoriano and Villarica, of two (2) parcels of land, which land was subsequently sold by Villarica, to Alvero, on… Read More Fredesvindo S. Alvero v. M.L. De La Rosa et. al. G.R. No. L-286, March 29, 1946 Appeal, Rules of Court