Tag: REMEDIAL LAW

  • 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…

  • 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…

  • International Service for the Acquisition of Agri-Biotech Applications, Inc. vs. Greenpeace Southeast Asia (CASE DIGEST)

    (G.R. No. 209271, December 08, 2015) Facts Greenpeace Southeast Asia (Philippines), Magsasaka at Siyentipiko sa Pagpapaunlad ng Agrikultura (MASIPAG), and individual respondents filed a Petition for Writ of Kalikasan and Writ of Continuing Mandamus to permanently stop the field trials of genetically modified eggplant, known as Bt talong. Bt talong was engineered to resist the…

  • 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…

  • 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…

  • Mendiola v. Court of Appeals (G.R. No. 159746, July 18, 2012) (CASE DIGEST)

    Facts Spouses Ramon and Araceli Mendiola (Petitioners) executed a real estate mortgage in favor of Pilipinas Shell Petroleum Corporation (Shell) to secure the performance of obligations under a distribution agreement. After default, Shell commenced extrajudicial foreclosure, and the property was sold to Tabangao Realty, Inc. (Tabangao). Issues Ruling The Supreme Court ruled: “WHEREFORE, we DISMISS…

  • 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…

  • St. Martin Funeral Home vs. National Labor Relations Commission (G.R. No. 130866, September 16, 1998) (CASE DIGEST)

    Facts Private respondent Bienvenido Aricayos filed a complaint for illegal dismissal before the National Labor Relations Commission (NLRC) against petitioner St. Martin Funeral Home, where he claimed to have worked as Operations Manager from February 6, 1995, until his dismissal on January 22, 1996. St. Martin Funeral Home countered that Aricayos was not an employee…