The granting of leave to file amended pleading is a matter
particularly addressed to the sound discretion of the trial court; and that
discretion is broad, subject only to the limitations that the amendments
should not substantially change the cause of action or alter the theory of the
case, or that it was not made to delay the action. Nevertheless, as enunciated in Valenzuela v. Court of Appeals,
416 Phil. 289 (2001) even if the amendment substantially alters the cause
of action or defense, such amendment could still be allowed when it is
sought to serve the higher interest of substantial justice; prevent delay; and
secure a just, speedy and inexpensive disposition of actions and proceedings.
Tuesday, March 31, 2015
Monday, March 30, 2015
A DECREE OF DISTRIBUTION OF THE ESTATE OF A DECEASED PERSON VESTS THE TITLE TO THE LAND OF THE ESTATE IN THE DISTRIBUTEES, WHICH, IF ERRONEOUS MAY BE CORRECTED BY A TIMELY APPEAL. ONCE IT BECOMES FINAL, ITS BINDING EFFECT IS LIKE ANY OTHER JUDGMENT IN REM. HOWEVER, IN EXCEPTIONAL CASES, A FINAL DECREE OF DISTRIBUTION OF THE ESTATE MAY BE SET ASIDE FOR LACK OF JURISDICTION OR FRAUD:
Further, in Ramon vs. Ortuzar, 89
Phil. 730 (1951), the Court
ruled that a party interested in a probate proceeding may have a final liquidation
set aside when he is left out by reason of circumstances beyond his control or
through mistake or inadvertence not imputable to negligence.
Wednesday, March 25, 2015
RELATIONSHIP IN RAPE CASES:
The information in the case only mentioned appellant as AAA’s uncle,
without specifically stating that he is a relative within the third civil degree,
either by affinity or consanguinity.
Even granting that during trial it
was proved that the relationship was within the third civil degree either of
consanguinity or affinity, still such proof cannot be appreciated because
appellant would thereby be denied of his right to be informed of the nature and
cause of the accusation against him.
Appellant cannot be charged with committing the crime of
rape in its simple form and then be tried and convicted of rape in
its qualified form. Thus, the Court of Appeals correctly
disregarded the qualifying circumstances of relationship.
Tuesday, March 24, 2015
THE GENERAL RULE IS THAT ALL THE PETITIONERS OR PLAINTIFFS IN A CASE SHOULD SIGN THE CERTIFICATE OF NON-FORUM SHOPPING.
However, the signature of any of the principal
petitioners or principal parties,, would constitute a
substantial compliance with the rule on verification and certification of
non-forum shopping should there exist a commonality of interest among the
parties, or where the parties filed the case as a collective, raising only one
common cause of action or presenting a common defense, then the signature of
one of the petitioners or complainants, acting as representative, is sufficient
compliance.
Friday, March 20, 2015
DECLARATORY RELIEF:
is defined as an action by any
person interested in a deed, will, contract or other written instrument,
executive order or resolution, to determine any question of construction or
validity arising from the instrument, executive order or regulation, or
statute, and for a declaration of his rights and duties thereunder. The only
issue that may be raised in such a petition is the question of construction or
validity of provisions in an instrument or statute. Corollary is the general
rule that such an action must be justified, as no other adequate relief or
remedy is available under the circumstances.
Decisional law enumerates the requisites of an action for
declaratory relief, as follows: 1) the subject matter of the controversy must
be a deed, will, contract or other written instrument, statute, executive order
or regulation, or ordinance; 2) the terms of said documents and the validity
thereof are doubtful and require judicial construction; 3) there must have been
no breach of the documents in question; 4) there must be an actual justiciable
controversy or the "ripening seeds" of one between persons whose
interests are adverse; 5) the issue must be ripe for judicial determination;
and 6) adequate relief is not available through other means or other forms of
action or proceeding.
Wednesday, March 18, 2015
SPECIAL ADMINISTRATOR:
The appointment of a special administrator is
justified only when there is delay in granting letters testamentary (in case
the decedent leaves behind a will) or administrative (in the event that the
decedent leaves behind no will, occasioned by any cause. The principal object of
the appointment of a temporary administrator is to preserve the estate until it
can pass into the hands of a person fully authorized to administer it for the
benefit of creditors and heirs.
Friday, March 13, 2015
GROUNDS FOR PRELIMINARY ATTACHMENT:
The
circumstances under which a writ of preliminary attachment may be issued are
set forth in Section 1, Rule 57 of the Rules of Court, to wit:
SEC. 1. Grounds upon which
attachment may issue. — At the commencement of the action or at any time before
entry of judgment, a plaintiff or any proper party may have the property of the
adverse party attached as security for the satisfaction of any judgment that
may be recovered in the following cases:
(a) In an action for the
recovery of a specified amount of money or damages, other than moral and
exemplary, on a cause of action arising from law, contract, quasi-contract,
delict or quasi-delict against a party who is about to depart from the
Philippines with intent to defraud his creditors;
(b) In an action for money or
property embezzled or fraudulently misapplied or converted to his own use by a
public officer, or an officer of a corporation or an attorney, factor, broker,
agent, or clerk, in the course of his employment as such, or by any other
person in a fiduciary capacity, or for a willful violation of duty;
(c) In an action to recover the
possession of personal property unjustly or fraudulently taken, detained, or
converted, when the property, or any part thereof, has been concealed, removed,
or disposed of to prevent its being found or taken by the applicant or an
authorized person;
(d) In an action against a
party who has been guilty of a fraud in contracting the debt or incurring the
obligation upon which the action is brought, or in the performance thereof;
(e) In an action against a
party who has removed or disposed of his property, or is about to do so, with
intent to defraud his creditors;
(f) In an action against a party
who resides out of the Philippines, or on whom summons may be served by
publication.
The purposes
of preliminary attachment are: (1) to seize the property of the debtor in
advance of final judgment and to hold it for purposes of satisfying said
judgment, as in the grounds stated in paragraphs (a) to (e) of Section 1, Rule
57 of the Rules of Court; or (2) to acquire jurisdiction over the action by
actual or constructive seizure of the property in those instances where
personal or substituted service of summons on the defendant cannot be effected,
as in paragraph (f) of the same provision.
Thursday, March 12, 2015
PRELIMINARY ATTACHMENT:
is an ancillary remedy
applied not for its own sake but to enable the attaching party to realize upon
the relief sought and expected to be granted in the main or principal action;
it is a measure auxiliary or incidental to the main action. As such, it is
available during its pendency which may be resorted to by a litigant to
preserve and protect certain rights and interests during the interim, awaiting
the ultimate effects of a final judgment in the case. In addition, attachment
is also availed of in order to acquire jurisdiction over the action by actual
or constructive seizure of the property in those instances where personal or
substituted service of summons on the defendant cannot be effected.
Tuesday, March 10, 2015
ATTACHMENT:
is an ancillary remedy. It is not
sought for its own sake but rather to enable the attaching party to realize
upon relief sought and expected to be granted in the main or principal action. Being an ancillary or auxiliary remedy,
it is available during the pendency of the action which may be resorted to by a
litigant to preserve and protect certain rights and interests therein pending
rendition, and for purposes of the ultimate effects, of a final judgment in the
case. They are provisional because they constitute temporary measures availed
of during the pendency of the action and they are ancillary because they are
mere incidents in and are dependent upon the result of the main action.
A writ of preliminary attachment is a species of
provisional remedy. As such, it is a collateral proceeding, permitted only in
connection with a regular action, and as one of its incidents; one of which is
provided for present need, or for the occasion; that is, one adapted to meet a
particular exigency.
Monday, March 9, 2015
CASES WHEN A RECEIVER MAY BE APPOINTED:
Upon a verified application, one or
more receivers of property which is the subject of the action may be appointed
by the court where the action is pending or by the Court of Appeals or Supreme
Court or a member thereof in the following cases:
a. Applicant
has an interest in the property or fund subject of the proceeding and such
property is in danger at being lost, removed, or materially injured unless a
receiver is appointed;
b. In
foreclosure of mortgage, when the property is in danger of being dissipated or
materially injured, and that its value is probably insufficient to discharge
the mortgage debt or that it has been agreed upon by the parties;
c. After
judgment, to preserve the property during the pendency of an appeal or to
dispose of it according to the judgment or to aid execution;
d. When
appointment of receiver is the most convenient and feasible means of
preserving, administering or disposing of the property in litigation (Section 1, Rule 59).
Friday, March 6, 2015
SIMILAR ACTS AS EVIDENCE:
The general evidentiary
rule is that evidence that one did or did not do a certain thing at one time is
not admissible to prove that one did or did not do the same or a similar thing
at another time. However, evidence of similar acts may be received to prove
a specific intent or knowledge, identity, plan system, scheme, habit, custom or
usage and the like. “The rule is founded upon reason, public policy,
justice and judicial convenience. The fact that a person has committed the same
or similar acts at some prior time affords, as a general rule, no logical
guaranty that he committed the act in question. This is so because,
subjectively, a man's mind and even his modes of life may change; and,
objectively, the conditions under which he may find himself at a given time may
likewise change and thus induce him to act in a different way. Besides, if
evidence of similar acts are to be invariably admitted, they will give rise to
a multiplicity of collateral issues and will subject the defendant to surprise
as well as confuse the court and prolong the trial. Evidence of similar acts
may frequently become relevant, especially to actions based on fraud and
deceit, because it sheds light on the state of mind or knowledge of a person;
it provides insight into such person's motive or intent; it uncovers a scheme,
design or plan, or it reveals a mistake.
Monday, March 2, 2015
SUFFICIENCY OF COMPLAINT OR INFORMATION:
For a complaint or information to
be sufficient, it must state the name of the accused; the designation of
the offense given by the statute; the acts or omissions complained of as
constituting the offense; the name of the offended party; the approximate time
of the commission of the offense, and the place wherein the offense was committed.
What is controlling is not
the title of the complaint, nor the designation of the offense charged or the
particular law or part thereof allegedly violated, these being mere
conclusions of law made by the prosecutor, but the description of the crime
charged and the particular facts therein recited.
The requirement of alleging the elements of a crime in
the information is to inform the accused of the nature of the accusation
against him so as to enable him to suitably prepare his defense. The presumption
is that the accused has no independent knowledge of the facts that constitute
the offense.
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