Tag: CIVIL PROCEDURE
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ROSALINO P. ACANCE, et al. v. COURT OF APPEALS, et al. (G.R. No. 159699. March 16, 2005) (CASE DIGEST)
Facts Spouses Yolanda, Epifania, and Napoleon Quijano (Respondents) filed an amended complaint to annul an Extra-Judicial Settlement of Estate and corresponding Transfer Certificates of Titles held by Spouses Jesulito, Manuel, and Nestor Acance (Petitioners), who are non-resident American citizens. The trial court (RTC) ordered extraterritorial service of summons by publication, which the petitioners claimed was…
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Gumabay vs. Baralin (G.R. No. L-30683, May 31, 1977) (CASE DIGEST)
Facts Celestina Gumabay (Plaintiff-Appellee), who was allowed to sue as a pauper litigant, filed a complaint on March 3, 1960, against Juliana Baralin, et al. (Defendants-Appellants) to recover possession of a 17,000 sq. meter cornland in Cagayan. The original complaint alleged forcible entry committed on August 5, 1959, when the defendants allegedly entered the land…
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Rosario vs. Carandang (G.R. No. L-7076, April 28, 1955) (CASE DIGEST)
Category Summary Facts Plaintiffs (Rosario, et al.), claiming ownership and prior possession of a parcel of land, filed a complaint in the Court of First Instance (CFI) on October 16, 1952, alleging that the defendants (Carandang, et al.) illegally entered the premises, destroyed nipa plants, and took possession on or about October 3, 1952. The…
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Bank of the Philippine Islands vs. Court of Appeals (G.R. No. 117385, February 11, 1999) (CASE DIGEST)
Facts Respondent Citiwide Motors, Inc. (CMI) filed a Complaint against petitioner Bank of the Philippine Islands (BPI) in 1983. After almost five years, the records of the case were burned in a fire in 1988. CMI filed for the reconstitution of the records in 1989. The petitioner (BPI) later contributed to the delay in reconstitution…