Sunday, April 30, 2023

Calling out power; commander-in-chief powers

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 "It  is true that for the purpose of exercising the calling out power the Constitution does not require the President to make a declar...

Legal standing in relation to judicial power and cases involving constitutional questions

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 "Only petitioners Rep. Suplico et al. and Sen. Pimentel, as Members of Congress, have standing to challenge the subject issuances. In ...

Moot cases but capable of repetition yet evading review

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 "Required to comment, the Solicitor General argues that the petitions have been rendered moot by the lifting of the declaration.16 In ...

Commission on Human Rights

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 "Fortunately, after the historic February 1986 peaceful revolution which saw the ouster of the Marcos dictatorship and the restoration...

Prescription: threat, intimidation vs. fraud.

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 "On whether the complaint for reconveyance should be dismissed We agree with the RTC’s and the CA’s rulings that petitioner’s argument...

Affirmative defenses

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"On the propriety of the motion to dismiss Section 6, Rule 16 of the Rules of Court provides: SEC. 6. Pleading grounds as affirmative d...
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 ...