Category: LATEST SUPREME COURT CASES


CASE 2020-0017: THE HEIRS OF MARSELLA T. LUPENA (IN SUBSTITUTION FOR MARSELLA T. LUPENA) VS. PASTORA MEDINA, ET AL. (G.R. NO. 231639. JANUARY 22, 2020) (SUBJECT/S: HOW TO PROVE ENCROACHMENT BY RELOCATION SURVEY) (BRIEF TITLE: HEIRS OF LUPENA VS MEDINA ET AL)

 

DISPOSITIVE:

 

DISPO 

SUBJECTS/DOCTRINES/DIGEST:

 

WAS THERE ENCROACHMENT ON THE LAND OF PETITIONERS?

 

NONE. THE RELOCATION SURVEY PRESENTED BY PETITIONERS DO NOT SHOW STRUCTURES OF RESPONDENTS ON THE  PROPERTY OF PETITIONERS.

 

 

DOCTRINE

 

TO READ THE DECISION, JUST CLICK/DOWNLOAD THE FILE BELOW. IF FILE DOES NOT APPEAR ON SCREEN GO TO DOWNLOAD. IT IS THE FIRST ITEM. OPEN IT.

 

SCD-2020-0017-The Heirs of Marsella T. Lupena (In Substitution fo Marsella T. Lupena) Vs. Pastora Medina, et al.

 

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CASE 2020-0016: GOOD EARTH ENTERPRISES, INC. VS. DANILO GARCIA, ET AL. (G.R. NO. 238761. JANUARY 22, 2020) (BRIEF TITLE: GOOD EARTH VS GARCIA)

 

DISPOSITIVE:

 

DISPO

 

SUBJECTS/DOCTRINES/DIGEST:

 

WHAT HAPPENED IN THIS CASE?

 

PETITIONER FILED EJECTMENT CASE AGAINST RESPONDENTS IN MTC AND GOT FAVORABLE DECISION. MTC DECISION WAS APPEALED TO RTC WHICH AFFIRMED IT. BUT CA REVERSED THE MTC DECISION ON THE GROUND THAT WHEN THE CASE WAS FILED AT MTC, PETITIONER FAILED TO SUBMIT AUTHORITY FOR SIGNATORY TO SIGN VERIFICATION AND NON FORUM SHOPPING CERTIFICATION. SC REVERSED CA ON GROUND THAT A SECRETARY’S CERTIFICATE OF AUTHORITY WAS BELATEDLY FILED BY PETITIONER. BELATED FILING OF SUCH CERTIFICATE OF AUTHORITY IS ALLOWED.

 

BELATED FILING OF SECRETARY’S CERTIFICATE CONFIRMING AUTHORITY OF SIGNATORY IN A CASE.

 

CASE LAW PROVIDES THAT A PARTY’S BELATED SUBMISSION OF A SECRETARY’S CERTIFICATE CONSTITUTES SUBSTANTIAL COMPLIANCE WITH THE RULES AS IT OPERATE TO AFFIRM THE AUTHORITY OF THE DELEGATE TO REPREENT SUCH PARTY BEFORE THE COURTS.

 

DOCTRINE

 

TO READ THE DECISION, JUST CLICK/DOWNLOAD THE FILE BELOW. IF FILE DOES NOT APPEAR ON SCREEN GO TO DOWNLOAD. IT IS THE FIRST ITEM. OPEN IT.

 

SCD-2020-0016-Good Earth Enterprises, Inc. Vs. Danilo Garcia, et al. 

 

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CASE 2020-0015: PEOPLE OF THE PHILIPPINES VS. JOCEL BAÑARES DE DIOS @ “TATA” (G.R. NO. 243664. JANUARY 22, 2020) (BRIEF TITLE: PEOPLE VS DE DIOS)

 

DISPOSITIVE:

 

DISPO

DISPO 2

 SUBJECTS/DOCTRINES/DIGEST:

 

IN THIS CASE THE INTEGRITY AND EVIDENTIARY VALUE OF THE CORPUS DELICTI HAVE BEEN PROPERLY PRESERVED. THUS APPELLANT’S CONVICTION MUST STAND.

 

DOCTRINE

TO READ THE DECISION, JUST CLICK/DOWNLOAD THE FILE BELOW. IF FILE DOES NOT APPEAR ON SCREEN GO TO DOWNLOAD. IT IS THE FIRST ITEM. OPEN IT.

 

SCD-2020-0015-People of the Philippines Vs. Jocel Bañares De Dios @ “Tata”

 

NOTE: TO RESEARCH ON A TOPIC IN YAHOO OR GOOGLE SEARCH  JUST TYPE “attybulao and the topic”. EXAMPLE: TO RESEARCH ON FORUM SHOPPING JUST  TYPE “attybulao and forum shopping”.