Friday, March 31, 2023

Cause of action ; elements of.

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"7. ID.; ID.; ELEMENTS OF A CAUSE OF ACTION. — A cause of action is an act or omission of one party in violation of the legal right of ...

Existence of cause of action

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 " 8. ID.; ID.;ID.; A FINDING THAT A COMPLAINT STATES A CAUSE OF ACTION DOES NOT IMPLY THAT THE COMPLAINANT IS ASSURED OF A RULING IN H...

Right to file action

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 " 9. ID.; ID.;ID.; PRIVATE RESPONDENTS HAVING THE LEGAL RIGHT TO FILE THE INSTANT CASE, COURT FINDS THAT THE COMPLAINT STATES A CAUSE ...

Motion to dismiss

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 "10. ID.; ID.; ID.; A MOTION TO DISMISS MAY BE BASED ON ONLYONE OF THE GROUNDS ENUMERATED IN SEC. 1, RULE 16 OF THE RULES OF COURT. — ...

Martial law years do not interrupt prescriptive period

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 "6. ID.; ID.; ID.; ID.; COURT RULES THAT UNDER THE FACTUAL CIRCUMSTANCES OF THIS CASE, THE MARTIAL LAW YEARS DID NOT HAVE THE EFFECT O...

Prescription; martial law is not force majeure

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 "5. ID.;ID.; PRESCRIPTION; THE SO-CALLED "SPECIAL CIRCUMSTANCES" DO NOT CONVINCE THIS COURT THAT IN THIS PARTICULAR CASE, MA...

Identity of causes of action

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 "4. ID.;ID.;ID.;ID.; THE TEST OF IDENTITY OF CAUSES OF ACTION LIES NOT IN THE FORM OF THE ACTION BUT ON WHETHER THE SAME EVIDENCE WOUL...

Res judicata; substantial identity of parties

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 "3. ID.;ID.;ID.;ID.; FOR RES JUDICATA TO APPLY, ABSOLUTE IDENTITY OF PARTIES IS NOT REQUIRED BECAUSE SUBSTANTIAL IDENTITY IS SUFFICIEN...

Loss of confidence in the Solicitor General

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  "11. ID.; ID.; PLEADINGS AND PRACTICE; THE SOLICITOR GENERAL IS NOT ABSOLUTELY REQUIRED TO REPRESENT A GOVERNMENT AGENCY NEITHER IS T...

Res judicata

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 "2. ID.;ACTION; RES JUDICATA; ELEMENTS CONSTITUTING RES JUDICATA AS A GROUND FOR THE DISMISSAL OF A COMPLAINT. — Res judicata is indee...

Denial of motion to dismiss

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 "1. REMEDIAL LAW; CERTIORARI; PETITIONERS ARE RIGHTFULLY ENTITLED TO THE RECOURSE AVAILED OF AS IT IS PART OF THE SUPERVISORY AUTHORIT...

Moot and academic

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 "The problem in this case is that the President aborted the proclamation of martial law and the suspension of the privilege of the wri...

Bigamy in relation to void marriages - batasfilipinas.com

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 "... The SC ruled in this wise: “After a careful consideration, this Court is constrained to abandon our earlier rulings that a judici...
Sunday, March 12, 2023

Retired Chief Justices

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A RETIRED CHIEF JUSTICE of the Philippines who wishes to maintain his PERSONAL DIGNITY and the INSTITUTIONAL DIGNITY of the JUDICIARY as an ...
Tuesday, February 28, 2023

Quantum of evidence to convict. Circumstantial evidence.

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 "It is axiomatic in criminal law that the quantum of evidence required for conviction of an accused is that which produces moral certa...

Proof of crime. Carnapping. Direct evidence of crime. Circumstantial evidence. Disputable presumption. Equipoise rule.

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"Every criminal conviction requires the prosecution to prove two (2) things: 1. The fact of the crime, i.e. the presence of all the ele...

Conspiracy. Treachery. Evident premeditation. Voluntary surrender.

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"We agree that treachery attended the crime and qualified it to murder because the victim was completely taken by surprise when the gro...

Burden of proof vs. Alibi

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 "Granting that the defense of alibi is a weak defense, that fact alone does not justify the judgment of conviction against the accuse-...
Sunday, February 5, 2023

SC Sets Rules on When Private Offended Party Can Appeal Judgments, Orders in Criminal Proceedings

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SC Sets Rules on When Private Offended Party Can Appeal Judgments, Orders in Criminal Proceedings February 4, 2023 The Supreme Court has lai...
Tuesday, January 31, 2023

Exhaustion of administrative remedies vis-a-vis cause of action

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"xxx. Exhaustion of Administrative Remedies The settled rule is before a party may seek the intervention of the courts, he should firs...