Uber Digests | Remedial Law
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Remedial Law

Rommel Arnado vs Commission on Elections et al

G.R. No. 210164 – Political Law – Election Law – Republic Act No. 9225 – Qualifications of Local Elective Candidates – Citizenship Requirements – Dual Allegiance Remedial Law – Formal […]

March 12, 2016

Benjamin Santos vs National Labor Relations Commission

Rules of Court are liberally construed in quasi-judicial proceedings but strictly adhered to in regular court proceedings 254 SCRA 673 – Remedial Law – Service of Summons – Jurisdiction […]

November 9, 2015

Jose Gabucan vs Judge Luis Manta

A notarial will must have a documentary stamp Without a documentary stamp, it is not admissible in evidence in a probate proceeding At any rate, the documentary stamp may […]

November 8, 2015

Aldrin Jeff Cudia vs The Superintendent of the Philippine Military Academy

PMA, as an academic institution, has the right to remove erring cadets under the principle of academic freedom But PMA must still observe due process in removing cadets PMA […]

October 17, 2015

Sun Insurance Office, Ltd. vs Hon. Maximiano Asuncion

170 SCRA 274 – Remedial Law – Civil Procedure – Filing of a Complaint – Docket Fees In 1984, Sun Insurance Office, Ltd. was sued by Manuel Tiong before the […]

September 27, 2015

Rhonda Vivares vs St. Theresa’s College

Political Law – Constitutional Law – Bill of Rights – Right to Privacy – Online Privacy (Social Media) Remedial Law – Special Proceedings – Writ of Habeas Data In January […]

August 31, 2015

Gregorio Dimarucot vs People of the Philippines

630 SCRA 659 – Remedial Law – Criminal Procedure/Civil Procedure – Appellant’s Brief; Failure to File – Abandonment of Appeal Legal Profession – Negligence of Counsel Binds Client In 2006, […]

July 1, 2015

Amado Cabaero vs Alfredo Cantos

271 SCRA 391 – Remedial Law – Criminal Procedure – Answer with Counterclaim in Criminal Case In 1991, Amado Cabaero and one other was sued for estafa by Epifanio Ceralde. […]

June 30, 2015

Commission of Internal Revenue vs Hantex Trading Co., Inc.

454 SCRA 301 – Taxation  Law – Assessment Remedial Law – Evidence – Documentary Evidence Best Evidence Rule in Taxation vs Best Evidence Rule under the Rules of Court In […]

June 29, 2015

Mario Magaspi vs Jose Ramolete

115 SCRA 193 – Remedial Law – Rule 141 – Payment of Docket Fees Civil Procedure – Pleadings – Amendments In September 1970, Mario Magaspi et al filed a civil […]

June 26, 2015

Salvador Abunado vs People of the Philippines

426 SCRA 562 – Civil Law – Family Code – Article 35 – Bigamy – Prejudicial Question Remedial Law – Criminal Procedure – Prejudicial Question In 1967, Narcisa Arceño married Salvador […]

June 1, 2015

Minoru Fujiki vs Maria Paz Marinay

700 SCRA 69 – Civil Law – Family Code – Decree of Absolute Nullity of Marriage – Who May File – Bigamy Remedial Law – Special Proceedings – Rule 108 – Declaration […]

May 31, 2015

La Naval Drug Corporation vs Court of Appeals

236 SCRA 78 – Remedial Law – Civil Procedure – Motion to Dismiss – Grounds for Dismissal In 1989, a conflict between La Naval Drug Corporation and a certain Wilson Yao […]

April 30, 2015

Antonio Navale vs Court of Appeals

253 SCRA 705 – Remedial Law – Civil Procedure – Service of Summons – Voluntary Appearance In 1983, Joven Yasay filed an ejection case against Antonio Navale, Eligio Valdehueza, and […]

April 15, 2015

Integrated Bar of the Philippines vs Mayor Jose Atienza

613 SCRA 518 – Political Law – Constitutional Law – Freedom of Expression – Clear and Present Danger Test – Modification of a Rally Permit Remedial Law – Criminal Procedure […]

April 10, 2015

Lolita Amigo vs Court of Appeals

253 SCRA 382 – Remedial Law – Civil Procedure – Jurisdiction; Lack thereof – when may it be raised – Jurisdiction over the Subject Matter vs Jurisdiction over the Person of the Defendant […]

December 2, 2014

Lilia Organo vs Sandiganbayan

320 SCRA 684 – Criminal Law – Crimes Committed by Public Officers – Plunder; Jurisdiction Remedial Law – Jurisdiction of Courts – Jurisdiction of the Sandiganbayan In 1996, an Information was […]

August 30, 2014

Francisco Depra vs Agustin Dumlao

136 SCRA 475 – Civil Law – Property – Accession Industrial – Builder in Good Faith; Owner in Good Faith – Forced Lease Remedial Law – Res Judicata – Unlawful […]

May 3, 2014

Rizalino Alcosero et al vs National Labor Relations Commission

288 SCRA 129 – Labor Law – Labor Relations – Quitclaims – NLRC Remedies; Certiorari; Appeal Bond Remedial Law – Appeal – Certiorari In 1992, the Apex Mining Co., Inc. […]

April 24, 2014

French Oil Mill Machinery Co., Inc. vs Court of Appeals

295 SCRA 463 – Remedial Law – Service of Summons – Foreign Corporation Doing Business in the Philippines In May 1992, the Ludo & Luym Oleochemical Co. (LLOC) filed a complaint […]

April 21, 2014

Noryn Tan vs Judge Clarita Tabin

Remedial Law – Summary Procedure – Warrant of Arrest – Notice to the Accused Legal Ethics – Judicial Ethics – Abuse of Authority In 2006, a criminal case was filed […]

March 8, 2014

Air France vs Rafael Carrascoso

Civil Law – Torts and Damages – Negligence – Malfeasance – Quasi-Delict Remedial Law – Evidence – Hearsay Rule – Res Gestae – Startling Event In March 1958, Rafael Carrascoso […]

March 4, 2014

Spouses Ricardo Rosales and Erlinda Sibug vs Spouses Alfonso and Lourdes Suba

Civil Law – Secured Transactions – Real Mortgage – Judicial Foreclosure – No right of redemption in judicial foreclosure Remedial Law – Civil Procedure – Special Civil Actions – Judicial […]

March 2, 2014

People of the Philippines vs Romy Fallones

Remedial Law – Evidence – Res Gestae In the morning of June 29, 2004 Amalia was told by her mother to look for her sister Alice. Alice was an 18 […]

February 19, 2014
Judicial Affidavit Rule

The Judicial Affidavit Rule: A brief overview

What is the Judicial Affidavit Rule? The Judicial Affidavit Rule (A.M. No. 12-8-8-SC), promulgated on September 4, 2012 and made effective on January 1, 2013, is a procedural innovation which […]

February 19, 2014

Syed Azhar Abbas vs Gloria Goo-Abbas

689 SCRA 646 (109 OG 7469) – Civil Law – Family Code – Bigamy – Void Ab Initio Marriage – Lack of a Marriage License Remedial Law – Evidence – […]

February 12, 2014

Spouses Antonio and Lorencita Algura vs City of Naga

506 SCRA 81 – Remedial Law – Civil Procedure – Rule 141 – Indigent Litigants In 1999, the City of Naga demolished a portion of the house owned by spouses […]

November 28, 2013

Anti-Chinese League of the Philippines vs Judge Alfonso Felix

Remedial Law – Civil Procedure – Real Party in Interest Sometime in the 1940s, a certain Chinese citizen named Teodoro Lim filed a petition for naturalization for him to become […]

November 26, 2013

2013 Remedial Law Exam MCQs

[Below are the Multiple Choice Questions asked in the 2013 Bar Exams in Labor Law. Answers are highlighted.] 1. In a complaint filed by the plaintiff, what is the effect […]

October 27, 2013

2013 Remedial Law Exam Essay Questions

I. Alfie Bravo filed with the Regional Trial Court of Caloocan, a complaint for a sum of money against Charlie Delta. The claim is for Php1.5Million. The complaint alleges that Charlie borrowed […]

October 27, 2013

The United States vs Jose Junio

Criminal Law – Remedial Law – Constitutional Law – Right to Remain Silent  Jose Junio pleaded not guilty to a criminal case. After that, the judge required him to file […]

October 21, 2013

The United States vs Geronimo Luzon

Criminal Law – Remedial Law – Constitutional Law – Right to Remain Silent In November 1900, three people went missing in Marilao, Bulacan. Two of the three missing persons reappeared […]

October 20, 2013

People of the Philippines vs Gerrico Vallejo

Remedial Law – Evidence – DNA Evidence – Admissibility On July 10, 1999 (Rosario, Cavite), at about 1pm, 9-year old Daisy Diolola went to her neighbor’s house to seek help […]

June 29, 2013

Maria Socorro Avelino vs Court of Appeals

Remedial Law – Special Proceedings – Letters of Administration – Judicial Partition In 1989, Antonio Avelino, Sr. died intestate. In 1991, his daughter, Maria Socorro Avelino filed a petition for […]

March 29, 2013

Luz Yamane vs BA Lepanto Condominium Corporation

Taxation – Tax Remedies – Local Taxation – Original & Appellate Jurisdiction in Tax Cases  In 1998, BA Lepanto Condominium Corporation (Lepanto) received a tax assessment in the amount of […]

February 25, 2013

Cristina Reillo vs Galicano San Jose

Remedial Law – Special Proceedings – Counterclaims – Fraudulent Deed of Extrajudicial Settlement – Publication Quiterio San Jose and Antonina Espiritu Santo are husband and wife. Both died intestate in […]

February 16, 2013

Octavio Maloles II vs Pacita De Los Reyes Phillips

Remedial Law – Special Proceedings – Intervention in Probate Proceedings  In 1995, Dr. Arturo De Los Santos filed a petition for probate of his will. He declared that he has […]

February 1, 2013

Eugenio Feliciano vs Pedro Canoza

Remedial Law – Special Proceedings – Prescriptive Period – Fraud in Extrajudicial Settlement  In May 1930, Antonio Feliciano died leaving behind a parcel of land. In 1972, an extrajudicial settlement […]

February 1, 2013

Isidra Ting-Dumali vs Atty. Rolando Torres

Remedial Law – Special Proceedings – Extrajudicial Settlement – Exclusion of an heir  The parents of Isidra Ting-Dumali died intestate and they left several properties including two parcels of land […]

February 1, 2013

Philippine National Bank vs Court of Appeals and Allan Chua

Remedial Law – Special Proceedings – Remedies of a Mortgagee in Mortgages Involving an Estate Allan Chua was the administrator of the estate of Antonio Chua (his dead father). In […]

February 1, 2013

Rosendo Herrera vs Rosendo Alba

Remedial Law – Evidence – Object Evidence – Daubert Test – DNA Evidence – Vallejo Guidelines  In May 1998, Armi Alba, mother of minor Rosendo Alba filed a suit against […]

January 17, 2013

Petronila Tupaz vs Judge Benedicto Ulep

Remedial Law – Criminal Procedure – Double Jeopardy – Dismissal of Case Without Accused’s Consent In 1991, a special prosecutor filed two informations for violation of the tax code against Petronila […]

January 11, 2013

Victoria Regner vs Cynthia Logarta

537 SCRA 277 – Conflict of Laws – Private International Law – Service of Summons – Personal Action – Real Action – Extraterritorial Service Cynthia Logarta and Teresa Tormis were […]

December 10, 2012
 

Saudi Arabian Airlines vs Court of Appeals

297 SCRA 469 – Conflict of Laws – Private International Law – Situs – Locus Actus  Milagros Morada was working as a stewardess for Saudia Arabian Airlines. In 1990, while […]

November 21, 2012
 

Asiavest Limited vs Court of Appeals

295 SCRA 469 – Conflict of Laws – Private International Law – Service of Summons to a Non Resident – Processual Presumption  In 1984, a Hong Kong court ordered Antonio […]

November 21, 2012
 

Asset Privatization Trust vs Court of Appeals

300 SCRA 579 – Business Organization – Corporation Law – Corporation Generally Not Entitled To Moral Damages – Power To Enter Into Contracts  In 1968, the government undertook to support […]

November 20, 2012
 

Acme Shoe, Rubber & Plastic Corporation vs Court of Appeals

260 SCRA 714 – Business Organization – Corporation Law – Rule on Moral Damages When It Comes to Corporations  In June 1978, Acme Shoe, Rubber & Plastic Corporation executed a […]

November 20, 2012
 

West Coast Life Insurance vs Geo Hurd

27 Phil 401 – Business Organization – Corporation Law – No Criminal Actions Against A Corporation  In 1912, West Coast Life Insurance caused the distribution of printed materials which impressed […]

November 20, 2012
 

Mercedes Cobb-Perez vs Judge Gregorio Lantin et al

Civil Procedure – When may a judge quash his own writ of execution  Damaso Perez owe Ricardo Hermoso P17,309.44 representing unpaid purchases of leather materials used in Damaso’s shoe business. […]

September 11, 2012
 

Spouses Miranda vs Court of Appeals

Civil Procedure – Service of Summons – Invalid Service; Consequence thereof  In 1965, Luneta Motor Company filed an action for recovery of a jeep and for recovery of sum of […]

August 29, 2012
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