Temere Animus

GR no. 173615| PNB v. Tejano, Jr.  October 16, 2009 Doctrines; Sound indeed is the rule that where the law is clear, plain and free from ambiguity, it must be given its literal meaning and applied without any interpretation or even construction. This is based on the presumption that the words employed therein correctly express its intent and preclude even the courts from giving it a different construction. (Verbal egis) It is binding rule, conformably with Article 4 of the Civil Code, that, generally, laws shall have only a prospective effect and must not be applied retroactively in such a way as to apply to pending disputes and cases. This is expressed in the familiar legal maxim lex prospicit, non respicit (the law looks forward and not backward.) Moreover, jurisdiction is conferred by no other source than law. Once jurisdiction is acquired, it continues until the case is finally terminated. The rule is that where a court has already obtained and is exercising jurisdiction over a...

G.R. No. 182678|  August 3, 2010 Public Estates Authority [1],  v. ALARAS, et. al. [2] FACTS: Ruling squarely on the issue adduced before it, the Supreme Court declared that Lot 5155 was a public land so that De Leon's occupation thereof, no matter how long ago, could not confer ownership or possessory rights. Prescinding therefrom, no writ of injunction may lie to protect De Leon's nebulous right of possession. Accordingly, in its Decision dated 20 November 2000, [3] the Supreme Court disposed of the controversy. The aforesaid Decision became final and executory as no motion for reconsideration was filed.  In due course, PEA moved for the issuance of a writ of execution praying that De Leon and persons claiming rights under him be ordered to vacate and peaceably surrender possession of Lot 5155. Acting on PEA's motion, the court a quo issued the first assailed Order granting the Writ of Execution dated 15 September 2004. [4]   As could ...

SALTING vs VELEZ  G.R. No. 181930|January 10, 2011  FACTS:  Respondents John Velez and Clarissa Velez filed a complaint for ejectment against petitioner Milagros Salting involving a property covered by Transfer TCT No. 38079.  On March 28, 2006, respondents obtained a favorable decision when the MeTC ordered petitioner to vacate the subject parcel of land and to pay attorneys fees and costs of suit. The decision became final and executory, after which respondents filed a motion for execution which was opposed by petitioner.  Thereafter, petitioner instituted an action before the RTC for Annulment of Sale of the Property covered by TCT No. 38079, with prayer for the issuance of a TRO and/or Writ of Preliminary Injunction against respondents, Hon. Ma. Paz Yson, Deputy Sheriff Ernesto G. Raymundo, Jr., Teresita Diokno-Villamena, and Heirs of Daniel B. Villamena (Heirs of Villamena).  Petitioner claimed that: she purchased the subject...

The Doctrine of Adherence of Jurisdiction , also known as the Doctrine of Continuity of Jurisdiction , ensures that once a court validly acquires jurisdiction over a case , it retains that jurisdiction until the case is fully resolved . Even after a judgment becomes final and executory , the court maintains jurisdiction to enforce and execute its ruling . Key Principles of the Doctrine 📌 Jurisdiction Continues Until Full Resolution ✔ Once a court acquires jurisdiction , it retains authority over the case until it has done everything necessary to resolve it. 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 cour...

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...

The Housing and Land Use Regulatory Board (HLURB) —now part of the Human Settlements Adjudication Commission (HSAC) —has exclusive jurisdiction over disputes related to subdivision and condominium projects . It regulates contracts between subdivision developers and lot buyers and enforces developer compliance with contractual and statutory obligations . HLURB Jurisdiction in Real Estate Disputes 📌 Scope of HLURB's Jurisdiction ✔ Claims between subdivision developers and lot buyers . ✔ Cases involving compliance with development obligations . ✔ Disputes related to unsound real estate practices . ✔ Refund claims by subdivision lot or condo buyers . ✔ Actions for specific performance in contracts and statutory obligations . 📌 Relevant Case: Geronimo vs Calderon (G.R. No. 201781, 2014) Jurisdictional Principles in HLURB Cases 📌 Jurisdiction Depends on Cause of Action ✔ HLURB jurisdiction is determined by the nature of the dispute , the property involved , and the ...