Legally Yours,  Remedial Law

Del Castillo Case Doctrines (Remedial Law – Special Proceedings)

Del Castillo Case Doctrines

Summaries of case doctrines penned by Justice Del Castillo.

Remedial Law Special Proceedings

Alfonso v. Andres
G.R. No. 166236, July 29, 2010A party may validly transfer ownership over the specific portion of the property assigned to him in the extrajudicial settlement of estate even if the settlement was not published.

The title of the property owned by a person who dies intestate passes at once to his heirs.

Hebron v. Loyola
G.R. No. 168960, July 5, 2010

The powers given by the laws as a natural guardian covers only matters of administration and cannot include the power of disposition. Where guardians, mothers, or grandmothers did not seek court approval of the sale of the properties of their wards or minor children, the Court will declare the sales void.

Paje v. Casino
G.R. No. 207257, 207276, 207282 & 207366, February 3, 2015

The following requisites must be present to avail the extraordinary remedy of writ of kalikasan:
1) there is an actual or threatened violation of the constitutional right to a balanced and healthful ecology;
2) the actual or threatened violation arises from an unlawful act or omission of a public officer or employee, or private individual or entity; and
3) the actual or threatened violation involves or will lead to an environmental damage of such magnitude as to prejudice the life, health or property of inhabitants in two or more cities or provinces.

A writ of kalikasan case is an exception to the doctrine of exhaustion of administrative remedies due to the extreme urgency of the matter at hand.

The Rules on the Writ of Kalikasan allow the parties to raise, on appeal, questions of fact and thus constitutes an exception to Rule 45 of the Rules of Court that only questions of law may be raised in a petition for review on certiorari.

2 Comments

  • Felipe P. Dela Torre, Jr.

    Mic, thank u so much for sharing your updated case digests as propounded by justice del castillo. May ur tribe will multiply. Good luck ! for u and me for the 2018 bar exam.

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