Uber Digests | Civil Procedure
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Civil Procedure

Rosario Gaa versus Court of Appeals et al

140 SCRA 304- Labor Law – Labor Procedures – Garnishment of Salaries – Salary is not Exempt from Execution Remedial Law – Civil Procedure – Limitations on Garnishment Civil Law […]

December 1, 2017

Spouses Jose and Marta Avendaño versus Judge Federico Alikpala et al.

Labor Law – Labor Procedures – Garnishment of Salaries Remedial Law – Civil Procedure – Limitations on Garnishment In 1962, Luzviminda San Pedro filed a case against Spouses Jose and […]

November 25, 2017


READ CASE DIGEST HERE. Republic of the Philippines SUPREME COURT Manila EN BANC G.R. No. L-21189           November 28, 1964 JOSE AVENDAÑO and MARTA AVENDAÑO, petitioners, vs. THE […]

November 25, 2017

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

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

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

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

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

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

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

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

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

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

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

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

Manchester Development vs Court of Appeals

149 SCRA 562 – Remedial Law – Civil Procedure – Payment of Docket Fees – Claimed Damages must be Stated in the BODY and PRAYER of pleadings  A complaint for […]

August 28, 2012

Original Development and Construction Corporation vs Court of Appeals

Civil Procedure – Payment of Docket Fees – Pure Money Claims vs In Rem Actions  Original Development and Construction Corporation (ODECOR) sued Home Insurance and Guaranty Corporation (HIGC), and the […]

August 27, 2012

Ma. Teresa Biaco vs Philippine Countryside Rural Bank

515 SCRA 106 – Civil Procedure – In rem vs In personam proceedings – Service of Summons – Resident Defendant – Extrinsic Fraud Ernesto Biaco, husband of Teresa Biaco, acquired several […]

August 26, 2012

Patricio Bello vs Eugenia Ubo et al

Civil Procedure – Service of Summons by a Police Officer  A land dispute arose between Bello and Ubo. Bello is claiming ownership over the property that Ubo and her son […]

August 26, 2012

Estherlita Agana vs Judge Santiago-Lagman

Civil Procedure – Certification of Non-forum Shopping Not Needed in Compulsory Counterclaim  In 1996, Agana filed a complaint for annulment of title against Serrano Enterprises. Said complaint involves a property […]

August 26, 2012

Josefina Mortel vs Aspriras et al

Civil Procedure – Dismissal Without Prejudice  Mortel was allegedly induced by Anacleto Aspiras to marry him in Manila. Mortel agreed and so she went to Manila. Anacleto accompanied her to […]

August 14, 2012

Behn, Meyer & Co. vs Rosatzin

5 Phil 660 – Business Organization – Partnership, Agency, Trust – Estoppel of the Firm’s Debtor  Rosatzin was the bookkeeper of the firm Behn, Meyer & Co. from 1901 to […]

August 5, 2012

Jurisdiction of MTCs, MeTCs, MCTCs and MTCCs

Below is a comprehensive outline of the jurisdiction of Municipal Trial Courts, Metropolitan Trial Courts, Municipal Circuit Trial Courts, and Municipal Trial Courts in Cities: Original Jurisdiction in: I. Civil […]

August 4, 2012

Habaluyas Enterprises, Inc. vs Japzon

138 SCRA 46 – Civil Procedure – No Extension To File Motion For Reconsideration  Shugo Noda and Co, Ltd. filed a civil case against Habaluyas Enterprises before the sala of […]

August 3, 2012

Maranaw Hotels and Resort Corp. vs Court of Appeals et al

Corporations must authorize lawyer to sign for and in behalf of the corporation  In 1955, Sheryl Oabel began working with Maranaw Hotels in one of the latter’s hotel branches. In […]

July 16, 2012

Tible and Tible Company vs Royal Savings and Loan Association

When is the rule on the Certification of Non-Forum Shopping relaxed? In 1977, Tible & Tible Company, Inc. (TTCI) obtained a loan amounting to P1.5 million from Royal Savings and […]

July 16, 2012

Spouses Docena vs Lapesura et al

Civil Procedure – Substantial Compliance on the Rule of Non-Forum Shopping Spouses Antonio and Alfreda Docena were allegedly lessees of Casiano Hombria of a parcel of land located in Eastern […]

July 16, 2012

Five Star Bus Company vs Court of Appeals

Certification of Non-Forum Shopping Should Be Signed by Plaintiff NOT Counsel  One night in November 1991 at about 11pm, Ignacio Torres, while driving a bus owned by Five Star Bus […]

July 16, 2012

Sheker vs Estate of Alice Sheker

Civil Procedure – Certification of Non-Forum Shopping Not Required in a Contingent Money Claim  Alice Sheker died and her estate was left under the administration of Victoria Medina. Alice left […]

July 16, 2012

Alfredo Aguila Jr vs Court of Appeals et al

Business Organization – Partnership, Agency, Trust – Identity Separate and Distinct  In April 1991, the spouses Ruben and Felicidad Abrogar entered into a loan agreement with a lending firm called […]

July 9, 2012

Spouses Eliseo Estares and Rosenda Estares vs Court of Appeals et al

Secured Transactions – Mortgage – Terms of Loan Civil Procedure – Non-Forum Shopping – Certification – Signature of both spouses – Pro-Forma Complaint The spouses Estares secured a loan of […]

July 8, 2012

Felicisima De La Cruz vs Edgardo Paras

69 SCRA 556 – Remedial Law – Civil Procedure – Res Judicata – Interlocutory Order – When is an order appealable In 1962, Pedro San Miguel filed a partition case against […]

November 12, 2011

Esperanza Escorpizo vs University of Baguio

306 SCRA 497 – Remedial Law – Civil procedure – Petition for Certiorari – Rule 65 Escorpizo was a high school teacher in UB contracted to be a probationary teacher […]

September 22, 2011

APO Fruits Corp. et al vs Court of Appeals, Land Bank of the Philippines

514 SCRA 537 – Civil Law – Property – Eminent Domain – Determination of Just Compensation APO Fruits Corporation, Inc. (AFC) and Hijo Plantation Inc. (HPI) were owners of 5 parcels […]

August 7, 2011

Candida Virata vs Victorio Ochoa

81 SCRA 472 Torts and Damages – Double Recovery of Civil Liability   In September 1975, Borilla was driving a jeep when he hit Arsenio Virata thereby causing the latter’s […]

July 23, 2011

Batangas Laguna Tayabas Bus Company, Inc. vs Court of Appeals

64 SCRA 427 Torts and Damages – Civil Liability from Quasi Delicts vs Civil Liability from Crimes In February 1963, Ilagan was driving a bus owned by Batangas Laguna Tayaban […]

July 17, 2011