Doctrine of adherence of jurisdiction.  Rem. Law.  The principle that once a court has acquired jurisdiction, that jurisdiction continues until the court has done all that it can do in the exercise of that jurisdiction.   The doctrine holding that [e]ven the finality of the judgment does not totally deprive the court of jurisdiction over the case. What the court loses is the power to amend, modify or alter the judgment. Even after the judgment has become final, the court retains jurisdiction to enforce and execute it [Echegaray v. Sec. of Justice, 301 SCRA 96].   Also called Doctrine of continuity of jurisdiction.

Doctrine of actio personalis moritur cum persona Lat. [The doctrine that] personal action terminates or dies with the person. [Santos v. Sec. of Labor, L-21624, 27 Feb. 1968]. The following are the cases decided by Supreme Court on the doctrine: It is true that a public office is personal to the public officer and is not a property transmissible to his heirs upon death. Thus, applying the doctrine of actio personalis moritur cum persona, upon the death of the incumbent, no heir of his may be allowed to continue holding his office in his place. [De Castro vs COMELEC, G.R. No. 125249, February 7, 1997 ] But while the right to a public office is personal and exclusive to the public officer, an election protest is not purely personal and exclusive to the protestant or to the protestee such that the death of either would oust the court of all authority to continue the protest proceedings. [De Castro vs COMELEC, G.R. No. 125249, February 7, 1997 ] An action for legal separati...

CASE DIGEST Hacbang vs Alo G.R. No. 191031|October 05, 2015 Topic: Transmission of Successional Right; Testate succession over Intestate  Facts:    A petition for the probate of Bishop Sofronio's will and the settlement of his estate was filed and was admitted thereafter to probate. Petitioner however filed a petition to cancel the registration of the subject lot of the case because it was found out that it was registered in the name of respondent.  The RTC dismissed the petition because the petitioners had no right to prosecute the case on the subject lot and noted that Bishop Sofronio's will had already been admitted into probate; thus, the intrinsic validity of the will is no longer in question. Though the settlement proceedings were archived, Bishop Sofronio already designated his heirs; thus, the petitioners, who are neither compulsory nor testamentary heirs, are not real parties in interest.  The CA in turn, affirmed the RTC's order ...

CASE DIGEST Ecarma vs CA G.R. No. 193374 | June 08, 2016  Topic: Partition and distribution of estate under Art. 1078 and 1081 of NCC; Facts:  Spouses Natalio and Arminda owned 4 properties designated as Kitanlad, Cuyapo and Lala consisting of 2 lots. They have 7 children among them were Gerry Ecarma and private respondent Renato Ecarma. Natalio predeceased Arminda, and therefater their children executed Extrajudicial Settlement of the Estate. No physical division of properties was effected and they remained in co-ownership even after the death of Arminda. Renato Ecarma as the Special Administrator in the intestate proceedings filed a Project of Partition because of the conflict between Gerry and the other heirs over actual division of their inherited properties. The legal heirs except Gerry expressed their desire to have the property partitioned.  Gerry objected because the proposed partition is not feasible, impractical and detrimental. The planned partition ...

CASE DIGEST Abangan vs Sabellano-Sumagang G.R. No. 186722|June 18, 2012 Topic: Action for judicial declaration of heirship; what is established; Synopsis: The Supreme Court heard a Petition for Review on Certiorari involving the cancellation of the entry in the Register of Marriages of the City Civil Registrar of Cebu City. The case arose from the registration of the purported marital union between Anastacia Abangan and Raymundo Cabellon. The United Abangan Clan filed a petition seeking the cancellation of the entry in the Register of Marriages on the grounds that Anastacia died single and without issue, the marriage took place before the law's effectivity, and there was a failure to show cause for the delay in registration. The trial court dismissed the petition on the ground of litis pendentia, as another action was pending between the same parties for the same cause of action. The Supreme Court granted the petition assailing the Resolution of the RTC which dismissed the act...

CASE DIGEST Samaniego - Celada vs Abena  G.R. No. 145545 | June 30, 2008  Topic: Presumption of sound mind, failure to establish evidence to contrary; Error in the number of pages of the will as stated in the attestation clause is not material to invalidate the subject will; compulsory heirs under Art. 887, NCC  Facts:  Petitioner Paz Samaniego-Celada was the first cousin of decedent Margarita S. Mayores (Margarita) while respondent was the decedent’s lifelong companion since 1929. Sometime in 1987, Margarita died single and without any neither ascending nor descending heirs as her parents, grandparents and siblings predeceased her and were survived by her first cousins who included petitioner.  Before her death, Margarita executed a Last Will and Testament where she bequeathed one-half of her undivided shares of a real property to respondent, Norma Pahingalo, and Florentino Abena in equal shares or one-third portion each; bequeathed also one-...

CASE DIGEST Quasha v. LCN Construction,  G.R. No. 174873 | 26 August 2008  Topic: Partition; Distribution of the estate  Facts:   Raymond Triviere passed away and a proceeding for the settlement of his intestate estate was instituted by his widow, Amy Consuelo Triviere and its counsel. The LCN Construction, as the only remaining claimant against the Intestate Estate of the Late Raymond Triviere filed its Comment on/Opposition to the Motion of payment filed by counsel of petitioner, and argued that RTC had already resolved the issue of payment of litigation expenses when it denied the first Motion for Payment filed by the counsel for petitioner for failure of the administrators to submit an accounting of the assets and expenses of the estate as required by the court. It also averred that claims are still outstanding and chargeable against the estate of the late Raymond Triviere; thus, no distribution should be allowed until they have been paid. The RTC...

CASE DIGEST Calalang vs Calalang  G.R. No. 184148 | June 9, 2014  Topic: Successional rights are vested only at the time of death;  Facts:  A Complaint for Annulment of Sale and Reconveyance of Property was filed with the RTC by the respondents and asserted their ownership over a certain parcel of land against the petitioners. According to the respondents, their father, Pedro Calalang contracted two marriages during his lifetime. The petitioners argue that the disputed property belonged to the conjugal partnership of the second marriage of Pedro Calalang which was issued to Pedro Calalang during the subsistence of the second marriage. On the other hand, the respondents claim that the disputed property was transferred by their maternal grandmother, Francisca Silverio, to their parents on the first marriage, Pedro Calalang and Encarnacion Silverio, during the latter’s marriage. Thus, the respondents argue that it belonged to the conjugal partnership of th...

CASE DIGEST Mendoza v. de Los Santos G.R. No. 176422 |March 20, 2013 Topic: Applicability of Reserva Troncal; First cousins of the descendant/ prepositus are fourth degree relatives and cannot be considered reservees/ reservatarios  Facts:  The subject parcel of land in this case was in the name of respondent but co- owned by Victoria Pantaleon, who bought one-half of the property from petitioner Maria Mendoza and her siblings. Petitioners who are grandchildren of Placido Mendoza (Placido) and Dominga Mendoza (Dominga) alleged that the properties were part of Placido and Dominga’s properties that were subject of an oral partition and subsequently adjudicated to Exequiel. After Exequiel’s death, it passed on to his spouse Leonor and only daughter, Gregoria; but thereafter went to Gregoria when Leonor died after. Gregoria died intestate, and thereafter, respondent, who is Leonor’s sister, adjudicated unto herself all these properties as the sole surviving heir...

CASE DIGEST Agtarap v. Agtarap  G.R. Nos. 177099 and 177192| June 8, 2011  Topic: Right of representation, effect of failure to object representation  Facts:  Decedent Joaquin contracted (2) marriages. First with with Lucia, bearing three children, Jesus+, Milagros+, Jose+ (survived by three children, namely, Gloria, Joseph, and Teresa) and then lastly when Lucia died, thereafter, with Caridad, with three children, Eduardo, Sebastian, Mercedes.  Son Eduardo filed petition for settlement of Joaquin’s intestate estate and the RTC issued resolution appointing Eduardo as administrator.  Gloria Agtarap de Santos, one of the children of compulsory heir Jose in the estate of Joaquin, died on May 4, 1995, was later substituted in the proceedings above by her husband Walter de Santos. On September 16, 1995, Abelardo Dagoro filed a motion for leave of court to intervene, alleging that he is the surviving spouse of the compulsory heir Mercedes ...

CASE DIGEST: ARELLANO v. PASCUAL  G.R. No. 189776|December 15, 2010  Topic: Collation has two distinct Concept; Siblings are collateral relatives and, therefore not entitled to any legitime  Facts: Angel N. Pascual Jr. died intestate leaving only as his heirs his siblings, which were the respondents in the case at bar. In a petition for "Judicial Settlement of Intestate Estate and Issuance of Letters of Administration," filed by respondents before the RTC of Makati, respondents alleged, that a parcel of land (the donated property) located in Teresa Village, Makati, by way of Deed of Donation, was transferred by the decedent to petitioner; additionally, it also alleged the validity of the donation, stating that it "may be considered as an advance legitime" of petitioner. Respondent’s nephew Victor was (as they prayed for in their petition), appointed as Administrator of the estate by Makati RTC. The probate court found the donation valid hence said...

CASE DIGEST: Estate of Llenado vs. Llenado G.R. No. 145736 |March 4, 2009 Topic: Rights Arising From Lease Contract Are Transmissible Doctrines: This issue is being raised for the first time on appeal. True, in Mataas Na Lupa Tenants Association, Inc., the Court explained that Section 1 of R.A. No. 1162, as amended by R.A. No. 3516, authorizes the expropriation of any piece of land in the City of Manila, Quezon City and suburbs which have been and are actually being leased to tenants for at least 10 years, provided said lands have at least 40 families of tenants thereon. Prior to and pending the expropriation, the tenant shall have a right of first refusal or preferential right to buy the leased premises should the landowner sell the same. However, compliance with the conditions for the application of the aforesaid law as well as the qualifications of the heirs of Orlando to be beneficiaries thereunder were never raised before the trial court, or even the Court of Ap...

BANKS and BANKING Take note, in the case decided by the Supreme Court in  PNB vs Santos, GR. No. 208293, Dec. 10, 2014, it ruled that: "The contractual relationship between banks and their depositors is governed by the Civil Code provisions on simple loan."   Once a person makes a deposit of his or her money to the bank, he or she is considered to have lent the bank that money. The bank becomes his or her debtor, and he or she becomes the creditor of the bank, which is obligated to pay him or her on demand.

APPOINTMENTS Doctrine: The prohibition under Article VII, Section 15 of the Constitution, it must be noted, applies only to presidential appointments, but not to local appointments.  It then went on to state that "the ground relied upon by [petitioner] is the mere fact that [respondents’] appointments were allegedly a ‘midnight appointments’ (sic) which the [CSC], however, ruled out to be devoid with (sic) merit. The prohibition under Article VII, Section 15 of the Constitution, it must be noted, applies only to presidential appointments, but not to local appointments, like in this case. This is true even if the groundsrelied [upon] by [petitioner] are with respect to CSC Circulars and/or Memorandum, Resolutions, Laws, Rules, and Regulations relative to the civil service." [ Nicart Jr. vs Titong, GR. No. 207682, Dec. 10, 2014. ] Furthermore, the trial court held that it is an accepted principle that "quasi-judicial bodies like the Civil Service Commissio...

FALSIFICATION OF STATEMENT OF ASSETS, LIABILITIES AND NET WORTH (SALN) The Supreme Court, in the case of Casimiro vs Rigor, G.R. No. 206661, December 10, 2014  explained the nature and effect of falsification of SALN, thus: Falsification of an official document such as the SALN is considered a grave offense. It amounts to dishonesty. Both falsification and dishonesty are grave offenses punishable by: (1)    dismissal from the service, even for the first offense, (2) with forfeiture of retirement benefits, except accrued leave benefits, and perpetual disqualification from reemployment in government service. REASONING OF THE COURT: The act of falsifying an official document is in itself grave because of its possible deleterious effects on government service. At the same time, it is also an act of dishonesty, which violates fundamental principles of public accountability and integrity. Under Civil Service regulations, falsification of an official document and dishones...

JURISDICTION over COMPLAINTS  arising from:  Contracts between the subdivision developer and the lot buyer, or  those aimed at compelling the subdivision developer to comply with its contractual and statutory obligations to make the subdivision a better place to live in. The " Housing and Land Use Regulatory Board" (HLURB) has exclusive jurisdiction over complaints arising from contracts between the subdivision developer and the lot buyer, or those aimed at compelling the subdivision developer to comply with its contractual and statutory obligations to make the subdivision a better place to live in. (Geronimo vs Calderon, GR. No. 201781, Dec. 10, 2014)