G.R. No. 103200 – 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 arose regarding a lease contract. Yao invoked a provision in the lease contract whereby pursuant to […]
Civil Procedure
52 posts
G.R. No. 109957 – 324 Phil. 70 – 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 several others. The Municipal Trial Court in Cities (in Cagayan de Oro) […]
G.R. No. 102833 – 323 Phil. 452 – 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 In July 1977, Jesus Wee Eng filed an action to recover real […]
G.R. No. 126477 – 356 Phil. 780 – 295 SCRA 463 – Remedial Law – Civil Procedure – Service of Summons; Extraterritorial Service – Foreign Corporation Doing Business in the Philippines In May 1992, the Ludo & Luym Oleochemical Co. (LLOC) filed a complaint against French Oil Mill Machinery Co., Inc. […]
G.R. No. 137792 – 456 Phil. 127 – Civil Law – Credit Transactions – Real Mortgage – Judicial Foreclosure – No right of redemption in judicial foreclosure Remedial Law – Civil Procedure – Special Civil Actions – Judicial Foreclosure – Right of Redemption vs Equity of Redemption The spouses Ricardo […]
G.R. No. 150135 – 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 Antonio and Lorencita Algura for allegedly being a nuisance as the said portion of the house […]
G.R. No. L-998 – 77 Phil. 1018 – Remedial Law – Civil Procedure – Real Party in Interest; Naturalization Case Sometime in the 1940s, a certain Chinese citizen named Teodoro Lim filed a petition for naturalization for him to become a Filipino citizen. The Anti-Chinese League of the Philippines (ACL) […]
G.R. No. 166393 – 607 Phil. 446 – Remedial Law – Special Proceedings – Settlement of Estate – Rule 74; Summary Settlement of Estate; Fraudulent Deed of Extrajudicial Settlement Remedial Law – Civil Procedure – Rule 6; Counterclaim – Compulsory vs Permissive Counterclaim Quiterio San Jose and Antonina Espiritu Santo […]
G.R. No. L-56763 – 204 Phil. 693 – 119 SCRA 367 – Mercantile Law – Corporation Law – Business Address Remedial Law – Civil Procedure – Venue of Actions In 1979, Tyson Enterprises, Inc. filed a collection suit against Universal Parts Supply Corporation and its president John Sy. The suit […]
G.R. No. 168747 – 562 Phil. 862 – 537 SCRA 277 – Civil Law – Conflict of Laws – Private International Law – Service of Summons – Personal Action – Real Action – Extraterritorial Service Cynthia Logarta and Teresa Tormis were the daughters of Luis Regner in his first marriage […]
G.R. No. L-22320 – 23 SCRA 637 – 133 Phil. 219 – Remedial Law – Civil Procedure – Trial; Judgment – 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. Damaso was […]
G. R. No. 114243 – 326 SCRA 278 – 383 Phil. 163 – Remedial Law – 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 money against Lucila Java. […]
G.R. No. 75919 – 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 specific performance was filed by Manchester Development Corporation against City Land Development Corporation to compel the […]
G.R. No. 94677 – 202 SCRA 753 – Remedial Law – 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 National Home Mortgage Finance Corporation (NHMC) for breach of […]
G.R. No. 161417 – 544 Phil. 45 – 515 SCRA 106 – Remedial Law – Civil Procedure – In rem vs In personam proceedings – Service of Summons – Resident Defendant – Extrinsic Fraud Ernesto Biaco, husband of Teresa Biaco, acquired several loans from Philippine Countryside Rural Bank (PCRB) from 1996 […]
G.R. No. L-30353 – 202 Phil. 415 – 117 SCRA 91 – Remedial Law – Civil Procedure – Service of Summons by a Police Officer A land dispute arose between Patricio Bello and Eugenia Ubo. Bello is claiming ownership over the property that Ubo and her son have been occupying […]