Temere Animus

Writ of Amparo as discussed in the case of Mison v. Gallegos, 760 SCRA 363 [2015] The privilege of the writ of amparo is .an extraordinary remedy adopted to address the special concerns of extra-legal killings and enforced disappearances. Accordingly, the remedy ought to be resorted to and granted judiciously, lest the ideal sought by the Amparo Rule be diluted and undermined by the indiscriminate filing of Amparo petitions for purposes less than the desire to secure amparo reliefs and protection and/or on the basis of unsubstantiated allegations. Synopsis: The court in Mison v. Gallegos (2015) discussed the privilege of the writ of amparo as an extraordinary remedy to address the concerns of extra-legal killings and enforced disappearances. The court emphasized the need for judicious use of this remedy to prevent its indiscriminate filing for unsubstantiated claims. In the case of Ja Hoon Ku's petition for the issuance of a writ of amparo, the court found his allegations to be unf...

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 ...