Thus, in order that a municipal trial court or metropolitan trial court may...
1. In the case of ESTATE OF SOLEDAD MANANTAN, herein represented by GILBERT MANANTAN vs. ANICETO SOMERA, G.R. No. 145867, April 7, 2009, involving unlawful detainer, as in the instant case, and...
View ArticleWhen may a new fact, supervening event or circumstance justify the...
SUPERVENING EVENT. - In the analogous case of ANANIAS SOCO and FILEMON SOCO vs. COURT OF APPEALS and CLEMENTE L. SANTIAGO, G.R. No. 116013 October 21, 1996, the issue was: “When may a new fact,...
View ArticleWhether or not the final and executory judgment in the case for quieting of...
In the analogous case of Roman Catholic Archbishop of Caceres vs. Heirs of Manuel Abella, represented by MERCEDES N. ABELLA, G.R. No. 143510 November 23, 2005, the sole issue was “whether or not the...
View ArticleWhether or not the administrative case between the private parties involving...
1. In the analogous case of RICARDO QUIAMBAO vs. HON. ADRIANO OSORIO, ZENAIDA GAZA BUENSUCERO, JUSTINA GAZA BERNARDO, and FELIPE GAZA, LAND AUTHORITY, G.R. No. L-48157 March 16, 1988, the Supreme...
View ArticleJurisdiction of the Civil Service Commission; CSC Memorandum Circular No. 19,...
MACARIO CATIPON, JR. VS. JEROME JAPSON, G.R. No. 191787, June 22, 2015.“x x x.Our fundamental law, particularly Sections 2 (1) and 3 of Article DC-B, state that –Section 2. (1) The civil service...
View ArticleExhaustion of administrative remedies; doctrine of primary jurisdiction
MACARIO CATIPON, JR. VS. JEROME JAPSON, G.R. No. 191787, June 22, 2015“x x x.The doctrine of exhaustion of administrative remedies requires that “before a party is allowed to seek the intervention of...
View ArticleWhere defenses of good faith, lack of intent, and ignorance of law not...
MACARIO CATIPON, JR. VS. JEROME JAPSON, G.R. No. 191787, June 22, 2015“x x x.We likewise affirm the CA’s pronouncement that petitioner was negligent in filling up his CSPE application form and in...
View ArticleAs a general rule, the parties will not be allowed, after final judgment, to...
MAYOR MARCIAL VARGAS AND ENGR. RAYMUNDO DEL ROSARIO VS. FORTUNATO CAJUCOM, G.R. No. 171095, June 22, 2015.The Issues:Whether or not the writ of execution should be quashed.The Ruling:The Court is now...
View ArticleA judgment is not confined to what appears upon the face of the decision, but...
MAYOR MARCIAL VARGAS AND ENGR. RAYMUNDO DEL ROSARIO VS. FORTUNATO CAJUCOM, G.R. No. 171095, June 22, 2015.“x x x.But even if the decision was entirely silent on the matter, this Court has held that a...
View ArticleInherent illegality of structures built on public areas.
MAYOR MARCIAL VARGAS AND ENGR. RAYMUNDO DEL ROSARIO VS. FORTUNATO CAJUCOM, G.R. No. 171095, June 22, 2015.“x x x.Flowing from this, however, is the reality that two of the three obligations, those...
View ArticleQuestioned handwritings, signatures, and documents; how examined; proof of...
JANET CARBONELL VS. JULITA A. CARBONELL-MENDES, REPRESENTED BY HER BROTHER AND ATTORNEY-IN-FACT, VIRGILIO A. CARBONELL, G.R. No. 205681, July 01, 2015.“x x x.Besides, the Court finds no justifiable...
View ArticleA petition for review on certiorari under Rule 45 of the Rules of Court...
JANET CARBONELL VS. JULITA A. CARBONELL-MENDES, REPRESENTED BY HER BROTHER AND ATTORNEY-IN-FACT, VIRGILIO A. CARBONELL, G.R. No. 205681, July 01, 2015."x x x,Petitioner in this case is raising a...
View ArticlePHILIPPINE COMPETITION ACT: BASIC FEATURES.
PHILIPPINE COMPETITION ACT: BASIC FEATURES.By:Atty. Manuel J. Laserna Jr.Partner, Laserna Cueva-Mercader Law OfficesOVERVIEW.After more than 28 years since the ratification of the 1987 Constitution, at...
View ArticleAppeal; interlocutory order vs. final order, judgment; remedy when...
MA. CARMINIA C. CALDERON REPRESENTED BY HER ATTORNEY-IN FACT, MARYCRIS V. BALDEVIA VS. JOSE ANTONIO F. ROXAS AND COURT OF APPEALS, G.R. No. 185595, January 09, 2013.(THE LAWYER'S POST).“x x x.This...
View ArticleIntervention by private prosecutor in criminal cases (public crimes) allowed;...
LEE PUE LIONG A.K.A. PAUL LEE vs. CHUA PUE CHIN LEE, G.R. No. 181658, August 7, 2013.“x x x.Before this Court is a petition1 for review on certiorari under Rule 45 of the 1997 Rules of Civil Procedure,...
View ArticlePrivate complainant may file motion for reconsideration and file a petition...
GERARDO A. MOSQUERA vs. HON. DELIA H. PANGANIBAN, in her capacity as Presiding Judge of the Regional Trial Court, Branch 64, City of Makati, Metro Manila, HON. FELICIDAD Y. NAVARRO-QUIAMBAO, in her...
View ArticleThe question in this case is not so much whether the MeTC has the authority...
GERARDO A. MOSQUERA vs. HON. DELIA H. PANGANIBAN, in her capacity as Presiding Judge of the Regional Trial Court, Branch 64, City of Makati, Metro Manila, HON. FELICIDAD Y. NAVARRO-QUIAMBAO, in her...
View ArticleSandiganbayan has exclusive appellate jurisdiction over resolutions issued by...
ANGELITO P. MAGNO, Vs. PEOPLE OF THE PHILIPPINES, MICHAEL MONSOD, ESTHER LUZ MAE GREGORIO, GIAN CARLO CAJOLES, NENETTE CASTILLON, DONATO ENABE and ALFIE FERNANDEZ, G.R. No. 171542, April 6, 2011“x x...
View ArticleSettled is the rule that the single act of issuing a bouncing check may give...
MARY ANN RODRIGUEZ Vs. PEOPLE OF THE PHILIPPINES and GLADYS NOCOM, G.R. Nos. 155531-34, July 29, 2005“x x x.Settled is the rule that the single act of issuing a bouncing check may give rise to two...
View ArticleBP Blg. 22 cases; private complainant/offended party may intervene in the...
CHARMINA B. BANAL, petitioner, vs. THE HON. TOMAS V. TADEO, JR., Presiding Judge, RTC-Quezon City, Branch 105 and Rosario Claudio, respondents, [G.R. No. 78911-25. December 11, 1987.]“x x x. The issue...
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