Tuesday, March 31, 2015

AMENDMENTS AFTER THE FILING OF A RESPONSIVE PLEADING:

      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.

Monday, March 30, 2015

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.