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CASE DIGESTS/ ETC.
CASE DIGESTS (ARCHIVE)

Tag: CIVIL PROCEDURE

  • Montalban v. Maximo (G.R. No. L-22997, March 15, 1968) (CASE DIGEST)

    Facts Plaintiffs filed a suit in personam for damages arising from a motor vehicle accident against Fr. Gerardo Maximo. At the time the suit was commenced (August 15, 1958), Fr. Maximo, a resident parish priest, was temporarily absent from the Philippines, having left on August 7, 1958. Summons was served on August 15, 1958, at…

  • CONCORDIA MEDEL GOMEZ v. CORAZON MEDEL ALCANTARA G.R. No. 179556 (February 13, 2009) (CASE DIGEST)

    Facts Petitioner Concordia Medel Gomez initially filed a Complaint for specific performance and damages (Civil Case No. 97-84159) against Respondent Corazon Medel Alcantara over the ownership of Lot No. 2259-A in Manila. The Regional Trial Court (RTC) of Manila, Branch 50, dismissed Civil Case No. 97-84159 motu proprio for the petitioner’s failure to prosecute, specifically…

  • G.R. No. L-46641: Aranico-Rabino vs. Aquino (Oct 28, 1977) (CASE DIGEST)

    Facts Petitioners, as co-owners, filed a complaint in the lower court seeking to recover possession of a lot from private respondent Victoriano Meimban. Meimban resisted the action, asserting that the property was owned by the late Pedro Meimban and his successors-in-interest, of whom he was one. During a conference, the trial court determined that to…

  • Montejo vs. Urotia G.R. No. L-27187 (July 22, 1971) (CASE DIGEST)

    Facts The Supreme Court decided nine cases involving appeals from orders of dismissal for failure to prosecute. In G.R. No. L-27187 (Montejo), the plaintiffs filed a complaint in July 1962. In September 1963, the trial court ordered the plaintiffs to exert efforts to cause summons to be served upon 17 unsummoned defendants. Over two years…

  • Linda M. Chan Kent v. Dionesio C. Micarez, et al. (G.R. No. 185758, March 9, 2011) (CASE DIGEST)

    Facts Petitioner Linda M. Chan Kent, a naturalized American citizen, filed a complaint for recovery of real property and annulment of title against her parents and brother (the respondents), alleging fraudulent transfer of a lot she had purchased. After the issues were joined, the Regional Trial Court (RTC) referred the case to the Philippine Mediation…

  • Delos Santos vs. Abejon (G.R. No. 215820, March 20, 2017) (CASE DIGEST)

    Facts –  Erlinda Delos Santos and her late husband, Pedro, secured a P100,000 loan from Erlinda’s sister, Teresita Abejon, via a mortgage annotated on their property (TCT No. 131753). After Pedro’s death, a Deed of Sale and Release of Mortgage were executed in 1992, resulting in the cancellation of TCT No. 131753 and issuance of…

  • G.R. No. L-15814 (February 28, 1962): IN THE MATTER OF THE ESTATE OF CANDELARIA BENGUAN: SUSANA ABAY DE ARROYO, petitioner-appellant, vs. FRANCISCO ABAY, et al., opponents-appellees. (CASE DIGEST)

    Facts Susana Abay de Arroyo filed a petition (Special Proceedings No. 3883) for the probate of the will of her deceased cousin, Candelaria Benguan. The opponents moved to dismiss, arguing that a prior petition for the probate of the same will (Special Proceedings No. 3628), filed by Felix Abay (Susana’s brother), had been dismissed and…

  • G.R. No. 182814: Mendoza vs. Court of Appeals, 8th Division (July 15, 2015) (CASE DIGEST)

    Facts Petitioners Ligaya Mendoza and Adelia Mendoza obtained a P12,000,000.00 loan from Bangko Kabayan (formerly Ibaan Rural Bank) secured by a Deed of Real Estate Mortgage over 71 parcels of land. Upon default, the private respondent bank filed a Complaint for Judicial Foreclosure. The Regional Trial Court (RTC) rendered a Judgment on the Pleadings on…

  • Gatmaytan vs. Dolor (G.R. No. 198120, February 20, 2017) (CASE DIGEST)

    Facts  Petitioner Mercedes S. Gatmaytan was the losing party in an action for reconveyance before the Quezon City Regional Trial Court (RTC). Gatmaytan’s counsel, Atty. Raymond Palad, filed a Notice of Change of Address on June 8, 2004, updating his address from No. 117 West Avenue to Unit 602, No. 42 Prince Jun Condominium, Timog…

  • Palma v. Galvez, G.R. No. 165273 (March 10, 2010) (CASE DIGEST)

    Facts Petitioner Leah Palma filed an action for damages against the Philippine Heart Center and several medical personnel, including private respondent Psyche Elena Agudo, a resident nurse, alleging professional negligence for the unauthorized removal of her right ovary. Alias summons was served upon Agudo through substituted service at her residence, accepted and signed by her…