Sunday, May 30, 2021

RTC jurisdiction in cases involving title to or possession of real property

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 See -   G.R. No. 227482 (lawphil.net)   JOAQUIN BERBANO, TRINIDAD BERBANO, and MELCHOR BERBANO, Petitioners vs. HEIRS OF ROMAN TAPULAO,...

Since petitioners averred in the Complaint that they had already been deprived of the possession of their property, the proper remedy for them is the filing of an accion publiciana or an accion reivindicatoria, not a case for declaratory relief. An accion publiciana is a suit for the recovery of possession, filed one year after the occurrence of the cause of action or from the unlawful withholding of possession of the realty. An accion reivindicatoria is a suit that has for its object one’s recovery of possession over the real property as owner.

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 See -   G.R. No. 181303 (lawphil.net) CARMEN DANAO MALANA, MARIA DANAO ACORDA, EVELYN DANAO, FERMINA DANAO, LETICIA DANAO and LEONORA DANAO...

Where tax declaration is not equal to actual possession

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 See -   G.R. No. 158385 (lawphil.net) MODESTO PALALI, Petitioner, vs. JULIET AWISAN, represented by her Attorney-in-Fact GREGORIO AWISAN, R...

When issues not raised by the pleadings are tried with the express or implied consent of the parties, they shall be treated in all respects as if they had been raised in the pleadings

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  G.R. No. 158385 (lawphil.net)   MODESTO PALALI, Petitioner, vs. JULIET AWISAN, represented by her Attorney-in-Fact GREGORIO AWISAN, Re...

The sole issue for the Court’s resolution is whether or not the respondents may be lawfully ejected from the subject property.

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  See  -   G.R. No. 196741 (lawphil.net)   PHILIPPINE TOURISM AUTHORITY (Now known as TOURISM INFRASTRUCTURE AND ENTERPRISE ZONE AUTHORI...

There is no collateral attack on the Certificate of Title.

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 See -   G.R. No. 187633 (lawphil.net) HEIRS OF DELFIN and MARIA TAPPA, Petitioners, vs. HEIRS OF JOSE BACUD, HENRY CALABAZARON and VICENTE ...

The action for quieting of title should not prosper.

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 See  -   G.R. No. 187633 (lawphil.net) HEIRS OF DELFIN and MARIA TAPPA, Petitioners, vs. HEIRS OF JOSE BACUD, HENRY CALABAZARON and VICENTE...
Saturday, May 22, 2021

Search warrants

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ON SEARCH WARRANTS Section 2, Article III (Bill of Rights), of the 1987 Constitution refers to the RIGHT AGAINST UNREASONABLE SEARCH AND SEI...

Duties of attorneys.

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RULE 138, RULES OF COURT (Attorneys and Admission to Bar): Section 20. Duties of attorneys. — It is the duty of an attorney: (a) To maintai...

Contract to sell - no transfer of ownership yet

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See - https://www.manilatimes.net/2020/12/23/legal-advice/dearpao/mortgaging-property-that-is-subject-to -contract-to-sell/815774/ "...

Moratorium on the Use of the Death Penalty

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See -   http://chr.gov.ph/statement-of-commissioner-karen-gomez-dumpit-on-the-united-nations-general-assembly-resolution-on-moratorium-on-th...