To standardize the
appeal periods and afford litigants fair opportunity to appeal their cases, the
Supreme Court ruled in Neypes v. Court of Appeals that
litigants must be given a fresh period of 15 days within which to appeal,
counted from receipt of the order dismissing a motion for a new trial or motion
for reconsideration under Rules 40, 41, 42, 43 and 45 of the Rules of Court. In Fil-Estate
Properties, Inc. v. Homena-Valencia, the Supreme Court held that thei
principle retroactively applies even to cases pending prior to the
promulgation of Neypes on September
14, 2005, there being no vested rights in the rules of procedure (ELENA JANE DUARTE VS. MIGUEL SAMUEL, A.E. DURAN,
G.R. NO. 173038, SEPTEMBER 14, 2011, DEL CASTILLO, J.).
Friday, January 17, 2014
RETROACTIVE EFFECT OF THE FRESH PERIOD OF 15 DAYS:
Thursday, January 16, 2014
JURISDICTION: THE DETERMINATION OF WHICH COURT EXERCISES JURISDICTION OVER MATTERS OF PROBATE DEPENDS UPON THE GROSS VALUE OF THE ESTATE OF THE DECEDENT.
Rule
73, Sec. 1 is deemed amended by BP 129, as amended by RA 7691. (Rufina
Luy Lim vs. Court of Appeals, et
al., G.R. No. 124715 , January
24, 2000, BUENA, J.).
ARTICLE 777 OF THE CIVIL CODE DECLARES THAT THE SUCCESSIONAL RIGHTS ARE TRANSMITTED FROM THE MOMENT OF DEATH OF THE DECEDENT.
This
status as co-owners, however, does not immediately and necessarily make them
stockholders of the corporation. Unless and until there is compliance with Section
63 of the Corporation Code on the manner of transferring shares, the heirs do
not become registered stockholders of the corporation. (Reyes vs. Regional Trial Court
of Makati, G.R. No. 165744, August 11, 2008, Brion, J.)
VENUE IN CRIMINAL CASES AS MIGRANT WORKERS AND OVERSEAS FILIPINOS ACT OF 1995:
There is nothing arbitrary or unconstitutional in
Congress fixing an alternative venue for violations of Section 6 of R.A. 8042
or otherwise known as Migrant workers and Overseas Filipinos Act of 1995 (allowing the filing of criminal actions at
the place of residence of the offended parties) that differs from the venue
established by the Rules on Criminal Procedure. (Hon.
Patricia A. Sto. Tomas vs. Rey Salac, G.R. No. 152642, November 13, 2012, Abad,
J.)
VENUE IN CRIMINAL CASES:
Venue is jurisdictional in criminal cases. It can neither be waived nor subjected to
stipulation. The right venue must exist
as a matter of law. Thus, for
territorial jurisdiction to attach, the criminal action must be instituted and
tried in the proper court of the municipality, city, or province where the
offense was committed or where any of its essential ingredients took place (PEOPLE
VS. ALEJO TAROY, G.R. NO.
192466, SEPTEMBER 7, 2011, ABAD, J.).
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