Temere Animus

Case Title : EVANGELINE D. IMANI,** petitioner, vs. METROPOLITAN BANK & TRUST COMPANY, respondent. Case Nature : PETITION for review on certiorari of the decision and resolution of the Court of Appeals. Division: SECOND DIVISION Docket Number: G.R. No. 187023 Ponente: NACHURA Dispositive Portion: WHEREFORE, the petition is DENIED. The Decision and the Resolution of the Court of Appeals in CA-G.R. SP No. 93061 sustaining the validity of the writ of execution, the auction sale, and the certificate of sale are AFFIRMED. DOCTRINES: Contrary to the CA’s advice, the remedy of terceria or a separate action under Section 16, Rule 39 is no longer available to Sina Imani because he is not deemed a stranger to the case filed against petitioner: [T]he husband of the judgment debtor cannot be deemed a “stranger” to the case prosecuted and adjudged against his wife. Thus, it would have been inappropriate for him to institute a separate case for annulment of writ of execution. All property of t...

Oposa vs. Factoran, Jr., 224 SCRA 792, July 30, 1993 Case Nature : SPECIAL CIVIL ACTION for certiorari of the dismissal order of the RTC of Makati, Br. 66. Division: EN BANC Docket Number: G.R. No. 101083 Ponente: DAVIDE, JR. Dispositive Portion: WHEREFORE, being impressed with merit, the instant Petition is hereby GRANTED, and the challenged Order of respondent Judge of 18 July 1991 dismissing Civil Case No. 90-777 is hereby set aside. The petitioners may therefore amend their complaint to implead as defendants the holders or grantees of the questioned timber license agreements. DOCTRINES: Petitioners instituted Civil Case No. 90-777 as a class suit. The original defendant and the present respondents did not take issue with this matter. Nevertheless, We hereby rule that the said civil case is indeed a class suit. The subject matter of the complaint is of common and general interest not just to several, but to all citizens of the Philippines. Consequently, since the parties are so num...

In legal disputes, procedural rules dictate how appeals are reviewed , ensuring that courts address only properly raised legal issues . The Supreme Court case of Quirino T. Dela Cruz vs. National Police Commission emphasizes the restrictions of Rule 45 , the importance of timely filing appeals , and the need for substantial evidence in administrative cases. Background of the Case SPO4 Quirino T. Dela Cruz was dismissed for grave misconduct following the unlawful warrantless arrest of Sonny H. Villarias , who was later exonerated by the Regional Trial Court (RTC) . Villarias filed a Complaint-Affidavit narrating the circumstances of his arrest, prompting the National Police Commission (NAPOLCOM) to charge Dela Cruz and another officer . The NAPOLCOM ruled against Dela Cruz , dismissing him from service on January 12, 2010 . Dela Cruz filed a motion for reconsideration on September 21, 2010 , beyond the non-extendible 10-day period , resulting in its denial on December 15, 2010 . ...

Barangay conciliation serves as a legal prerequisite before filing disputes in court, ensuring conflicts are resolved at the community level whenever possible. The Supreme Court case of Harry Galaba vs. Alfredo and Revelina Laureta reinforces the binding nature of amicable settlements , clarifying procedural rules under Presidential Decree No. 1508 (Katarungang Pambarangay Law) . Background of the Case This case stems from a real estate transaction between Harry Galaba and the spouses Alfredo and Revelina Laureta , concerning a house and lot in Quezon Hill, Baguio City . The Lauretas ceded their rights to the property for PHP 70,000 , receiving PHP 50,000 upfront , with the remaining PHP 18,000 payable later . When the PHP 18,000 remained unpaid , the parties submitted the matter to barangay conciliation , entering into an amicable settlement on February 10, 1984 . The settlement stipulated monthly installment payments , with non-compliance leading to execution per barangay co...

G.R. Nos. 205904-06. October 17, 2018. GWENDOLYN F. GARCIA, petitioner, vs. HONORABLE SANDIGANBAYAN and PEOPLE OF THE PHILIPPINES, respondents. Full Text:   https://elibrary.judiciary.gov.ph/thebookshelf/showdocs/1/64755 Ponente:  A. REYES, JR., J.:  Doctrines: It bears emphasizing that in Genuino v. De Lima, 861 SCRA 325 (2018), the Court already declared as unconstitutional DOJ Circular No. 41 on the ground that it has no legal basis and held, thus: x x x To begin with, there is no law particularly providing for the authority of the secretary of justice to curtail the exercise of the right to travel, in the interest of national security, public safety or public health. As it is, the only ground of the former DOJ Secretary in restraining the petitioners, at that time, was the pendency of the preliminary investigation of the Joint DOJ-COMELEC Preliminary Investigation Committee on the complaint for electoral sabotage against them. To be clear, DOJ Circular No. 41 is not ...

G.R. No. 211053. November 29, 2017.* PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. SEGFRED L. OROZCO, MANUEL D. OSIR, and ALBERTO B. MATURAN, accused,      ERNIE N. CASTRO, accused-appellant. Ponente :  LEONEN, J.: Doctrines:      To sustain a conviction under Article 248 of the Revised Penal Code, the prosecution must prove that a person was killed, that the accused killed him, that the killing was not parricide or infanticide, and that the killing was attended by any of the qualifying circumstances mentioned under this Article. It is admitted that Mata was killed and that accused-appellant was one of those responsible for the stabs that led to his death. The only element disputed in this case is that the killing was attended by circumstances which qualify the crime as murder.      In People v. Dela Cruz, 612 SCRA 738 (2010), there is treachery when the offender commits any of the crimes against persons, employing means, m...