Professional Documents
Culture Documents
282 – Choa vs. Choa (2002) Petitioner wife files a demurrer to General rule is that, interlocutory A demurrer to evidence is defined as
evidence because of insufficiency of orders are neither appealable nor “an objection or exception by one of
evidence of her husband’s accusation subject to certiorari proceedings. the parties in an action at law, to the
of psychological capacity against her. However, a denial of a demurrer that effect that the evidence which his
RTC denied. She thus files a Rule 65 is tainted with grave abuse of adversary produced is insufficient in
Certiorari against this denial. CA discretion amounting to lack or point of law (whether true or not) to
denied certiorari since denial of MTD excess of jurisdiction may be assailed make out his case or sustain the
is interlocutory. SC held that RTC issue.”
should have been granted since the The demurrer challenges the
husband had no sufficient evidence sufficiency of the plaintiff’s evidence
and only alleged that his wife “lacked to sustain a verdict.
the intention of procreative
sexuality” among other things.
283 – Casent Realty Dev’t Corp. vs. Respondent filed a collection suit Judicial admissions [of genuineness What should be resolved in a motion
Philbanking Corp. (2007) against petitioner. The latter and due execution of documents] to dismiss based on a demurrer to
presented documents which would should be considered in resolving the evidence is whether the plaintiff is
prove that its obligation had already demurrer to evidence. However, it entitled to the relief based on the
been extinguished. Respondent did does not mean that the judicial “facts” and the “law”. The “facts”
not deny the documents. So admissions will warrant dismissal of referred to in S8, R8 should include
Petitioner filed a Demurrer stating the case. all the means sanctioned by RoC in
that such non denial constituted ascertaining matters in judicial
admission of the genuiness and due proceedings including judicial
execution of the documents. RTC admissions.
granted. SC held that admission of
the genuineness and due execution of
the documents does not prevent the
introduction of evidence showing
that the Dacion excludes the
promissory notes. Case shouldn’t
have been dismissed.
284 – Heirs of Pedro Pasag vs. Sps. Petitioners filed a complaint against The demurrer challenges the The petitioner’s failure to make a
288 – Estrada vs Consolacion Private respondents filed a motion Summary judgment is a device for Test for summary judgment:
(1976) for Summary Judgment against weeding out sham claims or defenses whether the pleadings, affidavits and
petiitoner on the ground that there is at an early stage of the litigation, exhibits in support of the motions
no genuine issue as to any material thereby avoiding the expense and are sufficient to overcome the
fact in the case except as to the loss of time involved in a trial. opposing papers and to justify a
amount of damages. Respondents finding as a matter of law that there
attached the sketch of accident, is no defense to the action or the
investigator’s affidavit, sworn claim is clearly meritorious.
statements of the drivers of the two
pick-ups, and sworn statements.
Based on these,
respondent Judge issued an order
saying that there is no genuine issue
as to material fact, and has concluded
that defendants are entitled to
summary judgment. SC held that
judge properly issued the summary
judgment.
289 – Galicia vs Polo (1989) Petitioners’ property was levied and The Rules of Court authorizes the
sold. They failed to redeem within 1 rendition of summary judgment if the
year. Thereafter, they filed a pleadings, depositions and
complaint questioning the ownership admissions on file together with the
of the property which was the same affidavits, show that, except as to the
subject of a previous forcible entry amount of damages, there is no issue
case. Defendants moved for the as to any material fact and that the
summary judgment alleging that no moving party is entitled to a
genuine issue exists. judgment as a matter of law (Sec. 3,
SC stated that there is no question Rule 34).
that the issue of ownership of the Conversely, summary judgment is
disputed land subject of the present not proper where the pleadings
petition has long been decided in the tender vital issues the resolution of
forcible entry case. Having failed to which call for the presentation of
redeem the property sold at the evidence.
311 – UE v. UE Employees Petitioner filed a second MR in the The general rule is that a second MR
Association (2011) NLRC challenging the award of the is a prohibited pleading. However,
share of the employees in the the Court may authorize the
proceeds of the tuition fee increase. suspension of the rules of procedure
SC held the 2nd MR was prohibited so as to allow the resolution of a
but it should be entertained. This is second motion for reconsideration,
bec. the NLRC decision is a patent in cases of extraordinarily persuasive
nullity since the law and reasons such as when the decision is
jurisprudence clearly allows a patent nullity.
petitioner the discretion to dispose
of the proceeds of the tuition fee
increase subject to certain
conditions, which they duly complied
with.
420 – Go v. CA (2001) The RTC rendered a decision GR: Factual findings of the TC, when 6. when the CA, in making its
acquitting the criminal case & adopted and confirmed by the CA, findings, went beyond the issues of
dismissing the collection suit against are final and conclusive and may not the case and the same is contrary to
petitioner. The CA reversed and be reviewed on appeal.
the admissions of both appellant and
found them civilly liable. The Exceptions:
petitioner is assailing the CA’s 1. when the inference made is appellee;
decision as it was not supported by manifestly mistaken, absurd or 7. when the findings of the CA are
evidence (it made “corrections and impossible; contrary to those of the trial court;
deletions” and found “additional 8. when the findings of fact are
2. when there is GAD.
facts” to complete the story). conclusions without citation of
SC granted petition and affirmed 3. when the finding is grounded
entirely on speculations, surmises or specific evidence on which they are
RTC’s decision.
conjectures; based;
4. when the judgment of the CA is 9. when the CA manifestly
based on misapprehension of facts; overlooked certain relevant facts not
5. when the findings of fact are disputed by the parties and which, if
conflicting; properly considered, would justify a
different conclusion; and
10. when the findings of fact of the
CA are premised on the absence of
432 – Adlawan vs. Torres (1994) Private Respondent sought to collect A writ of attachment can only be Ma’am: Ground is not just copied. It
money from petitioner spouses. granted on concrete and specific has to be justified by factual
Respondent judge issued ex parte grounds and not on general allegations and proof.
writ of attachment. averments quoting perfunctorily the
SC did not grant the writ. This is words of the Rules.
because the respondents merely had Proof of fraud is mandated by
bare allegation that an encumbrance paragraphs (d) and (e) of Section 1,
of a property is in fraud of the Rule 57.
creditor. The affidavits by the Thus, the factual basis on defendant's
respondent did not set out facts intent to defraud must be clearly
which must clearly be averred. alleged in the affidavit in support of
the prayer for the writ of attachment
if not so specifically alleged in the
verified complaint.
433 – PB Comm vs. CA, Filipinas SC found no ground for the issuance An order of attachment cannot be
Textile Mills, Villanueva (2001) of the writ. issued on a general averment, such as
The supporting affidavit of petitioner one ceremoniously quoting from a
for the issuance of writ of attachment pertinent rule.
read as follows: The issuance of a writ of attachment
“The instant case is one of those must be construed strictly against
mentioned in Section 1 of Rule 57 of the applicants. This stringency is
the Revised Rules of Court wherein a required because the remedy of
writ of preliminary attachment may attachment is harsh, extraordinary
be issued against the defendants, and summary in nature. If all the
particularly subparagraphs "b" and requisites for the granting of the writ
"d" of said section.” are not present, then the court which
issues it acts in excess of its
jurisdiction.
434 – Ng Wee vs. Tankiansee Petitioner had made several money Factual circumstances of the alleged
(2008) placements with Wincorp Bank. fraud must be sufficiently shown
According to the former, he was because fraudulent intent cannot be
462 – Fernandez v. International Sps. Fernandez contest the writ of A writ of replevin issued by a RTC or Gen. Provision 3, Interim Rules
Corp. Bank (1999) replevin issued by the RTC of Pasay MTC may be served and enforced relative to the implementation of BP
over their vehicle subject of a chattel anywhere in the Philippines. 129.
mortgage on the ground of lack of (a) Writs of certiorari, prohibition,
463 – Servicewide Specialists v. CA Upon default of the mortgagor, In a suit for replevin, a clear right of
(1995) petitioner-mortgagee sought the possession (on the part of the
foreclosure of the vehicle subject of mortgagee in this case) must be
the chattel mortgage. Mortgagor established. A foreclosure under a
refused to surrender possession of chattel mortgage may properly be
the vehicle and sold it to a third commenced only once it is proven
person. Petitioner-mortgagee filed a that there is a default on the part of
replevin suit against the third person the mortgagor.
without impleading the mortgagor. Hence, the mortgagor is an
SC held that mortgagor must be indispensable party and should be
impleaded without him as impleaded.
indispensable party, the RTC
judgment cannot attain real finality.
464 – Chua v. CA (1993) A dump truck in possession of Chua Where personal property is seized
was seized by virtue of a search under a search warrant and there is
warrant issued by RTC Cebu Branch reason to believe that the seizure will
13. Chua filed a replevin suit to not anymore be followed by the filing
recover possession of the dump truck of a criminal action and there are
in RTC Cebu Branch 8. Replevin was conflicting claims asserted over the
granted. A case for carnapping was seized property, the appropriate
filed against Chua but was dismissed remedy is the filing of an action for
without prejudice to its reopening replevin.
once the issue of ownership is However, where there is still a
resolved. probability that the seizure will be
SC held that Chua’s writ of replevin is followed by the filing of a criminal
not proper. Replevin will not lie for action, or the criminal information
property in custodial egis, e.g., has has actually been commenced, or
been subjected to a seizure pursuant filed, and actually prosecuted, and
to a search warrant. there are conflicting claims over the
property seized, the proper remedy
479 - Chamber of Real Estate and CREBA filed PFDR in the SC assailing PFDR should have been filed in the
Builders Association, Inc. v. various DAR AO 01-02 and Memo 88 RTC and not the SC because SC
Secretary of Agrarian Reform which led to a slowdown in its doesn’t have original jurisdiction
(2010) housing projects. over a PFDR even if only questions of
Case was dismissed. law are involved.
RULE 64: (Review of Judgments and Final Orders or Resolutions of COMELEC and COA)
Certiorari
482 - Tagle vs. Equitable PCI Bank Tagle filed a PFRC with prohibition The proper remedy is to file an A Petition for Certiorari, under Rule
(2008) under R65 OTG that the CA appeal by certiorari under R45 65 of the Revised Rules of Court is
committed GAD when it ruled on the before the SC. This was the plain, intended for the correction of errors
merits of the MR case of the original speedy and adequate remedy of of jurisdiction only or grave abuse of
action. Tagle. discretion amounting to lack or
excess of jurisdiction.
Mandamus