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Del Castillo Case Doctrines (Remedial Law – Civil Procedure)

Del Castillo Case Doctrines

Summaries of case doctrines penned by Justice Del Castillo.

Remedial Law Civil Procedure

Adolfo v. Adolfo
G.R. No. 201427, March 18, 2015

Judgment on the pleadings is proper where an answer fails to tender an issue or otherwise admits all the material allegations of the adverse party’s pleading.

Summary judgment, on the other hand, will be granted if the pleadings, supporting affidavits, depositions, and admissions on file, show that except as to the amount of damages, there is no genuine issue as to any material fact and that the moving party is entitled to a judgment as a matter of law.

Aiko Trans Inc. v. Prudential Guarantee and Assurance, Inc.
G.R. No. 167545, August 17, 2011

The filing of motions seeking affirmative reliefs is considered voluntary submission to the jurisdiction of the court.

Almendras v. South Davao Development, Inc
G.R. No. 198209, March 22, 2017

A question of law arises when there is doubt as to what the law is on a certain state of fact, while there is a question if fact when the doubt arises as to the truth or falsity of the alleged facts.

Arnado v. COMELEC
G.R. No. 210164, August 18, 2015

There is forum shopping when in both actions there exist:
1) identity of parties, or at least such parties as would represent the same interests in both actions;
2) identity of rights asserted and relief prayed for, the relief being founded on the same facts; and
3) the identity of the two preceding particulars is such that any judgment rendered in the other action will, regardless of which party is successful, amount to res judicata in the action under consideration.

Once a party elevates the case before the appellate tribunal, the appellant is deemed to have abandoned the resolved motion which remains pending with the tribunal of origin.

Asian Terminals, Inc. v. Malayan Insurance Co., Inc.
G.R. No. 171406, April 4, 2011

The determination of issues during the pre-trial conference bars the consideration of other questions whether during trial or on appeal.

Boardwalk Business Ventures, Inc. v. Villareal, Jr.
G.R. No. 181182, April 10, 2013

The right to appeal is neither a natural right nor is it a component of due process. It is a mere statutory privilege and may be exercised only in the manner and in accordance with the provisions of law.

Bureau of Internal Revenue v Court of Appeals
G.R. No. 197590, November 24, 2014

There are exceptions to the rule that a petition for certiorari under Rule 65 is not a substitute to a lost appeal, to wit:
1) when public welfare and the advancement of public policy dictate;
2) when the broader interest of justice so requires;
3) when the writs issued are null and void;
4) when the questioned order amounts to an oppressive exercise of judicial authority;
5) when, for persuasive reasons, the rules may be relaxed to relieve a litigant of an injustice not commensurate with his failure to comply with the prescribed procedure;
6) when the judgment or order is attended by grave abuse of discretion; or
7) in other meritorious cases.

Castillo, et. al. v. Prudentialife Plans, Inc.
G.R. No. 196142, March 26, 2014

A party who did not appeal cannot assign such errors as are designed to have the judgment modified.
The exceptions to this rule are:
1) errors affecting the lower court’s jurisdiction over the subject matter;
2) plain errors not specified; and
3) clerical errors
All that the party can do is to make a counter-assignment of errors or to argue on issues raised only for the purpose of sustaining the judgment in his favor.

Catipon, Jr. v. Japson
G.R. No. 191787, June 22, 2015

The doctrine of exhaustion of administrative remedies requires that before a party is allowed to seek the intervention of the court, he should have availed himself of all the means of administrative processes afforded him.

CE Casecnan Water and Energy Company, Inc. v. Province of Nueva Ecija
G.R. No. 196278, June 17, 2015

Jurisdiction over the subject matter is conferred by law and not by the consent or waiver upon a court.

Commissioner of Customs v. Pilipinas Shell Petroleum Corporation
G.R. No. 205002, April 20, 2016

Forum shopping can be committed in three ways:
1) filing multiple cases based on the same cause of action and with the same prayer, the previous case not having been resolved yet (litis pendentia);
2) filing multiple cases based on the same cuase of action and with the same prayer, the previous case having been finally resolved (res judicata); or
3) filing multiple cases based on the same cause of action but with different prayers (splitting of causes of action, where the ground for dimissal is also either litis pendentia or res judicata)

Dela Merced v. GSIS
G.R. No. 167140, November 23, 2011

A notice of lis pendens is an announcement to the whole world that a particular real property is in litigation, serving as a warning that one who acquires an interest over said property does so at his own risk.

Under the principle of “law of the case”, determinations of questions of law will generally be held to govern a case throughout all its subsequent stages where such determination has already been made on a prior appeal to a court of last resort.

Digital Telecommunications Philippines v. Cantos
G.R. No. 180200, November 25, 2013

An alleged contemner should be accorded the same rights as that of an accused. Thus, the dismissal of the indirect contempt charge against respondent amounts to an acquittal, which effectively bars a second prosecution.

Duarte v. Duran
G.R. No. 173038, September 14, 2011

Bare denial of receipt of a mail cannot prevail over the certification of the postmaster, whose official duty is to send notices of registered mail.

Dutch Movers, Inc. et. al. v. Lequin et. al.
G.R. No. 210032, April 25, 2017

One of the exceptions on the application of the principle of immutability of judgment is when there is a supervening event occurring after the judgment becomes final and executory, which renders the decision unenforceable.

Edralin v. Philippine Veterans Bank
G.R. No. 168523, March 9, 2011

A ministerial act is one which an officer or tribunal performs in a given state of facts, in a prescribed manner, in obedience to the mandate of legal authority without regard to or the exercise of his own judgment upon the propriety or impropriety of the act done.

FCD Pawnshop and Merchandising Company et. al. v. Union Bank of the Philippines et. al.
G.R. No. 2017914, January 18, 2017

Cause of action is defined as the act or omission by which a party violates the right of another. A party cannot, by varying the form of action, or adopting a different method of presenting his case, escape the operation of the principle that one and the same cause of action shall not be twice litigated.

Gatuslao v. Yanson
G.R. No. 191540, January 21, 2015

Where the extrajudicially foreclosed real property is in the possession of a third party who is holding the same adversely to the judgment debtor or mortgagor, the RTC’s duty to issue a writ of possession ceases to be ministerial and as such may no longer proceed ex parte.

Go v. Sunbanun
G.R. No. 168240, February 9, 2011

Procedural laws may be given retroactive effect to actions pending and undetermined at the time of their passage, there being no vested rights in the rules of procedure.

Personal service and personal filing of pleadings are always the preferred modes of service. Upon deviation, it is mandatory to submit a written explanation why the pleading was not personally filed or served.

Gubat v. NAPOCOR
G.R. No. 167415, February 26, 2010

While only individuals vested with authority by a valid board resolution may sign the certificate of non-forum shopping in behalf of the corporation, where the corporation’s Special Attorney was one of the counsels in the proceedings before the trial court, and the corporation never questioned his authority to sign the petition for its behalf, it can be said that such lawyer enjoys the presumption that he is authorized to represent the corporation in filing the petition.

Guyamin et. al. v. Flores et. al.
G.R. No. 202189, April 25, 2017

A strict and rigid application of the rules must always be eschewed when it would subvert the primary objective of the rules, that is, to enhance fair trials and expedite justice.

Heirs of Babai Guiambangan v. Municipality of Kalamansig, Sultan Kudarat
G.R. No. 204899, July 27, 2016

Neither the misjoinder nor the nonjoinder of parties is a ground for the dismissal of an action.

A co-owner may bring an action for ejectment, forcible entry and detainer, or any kind of action for the recovery of possession of properties co-owned without joining all the other co-owners as co-plaintiffs because the suit is deemed to be instituted for the benefit of all.

Heirs of Bihag v. Heirs of Bathan
G.R. No. 181949, April 23, 2014

The best evidence to prove that notice was sent would be a certification from the postmaster who should certify not only that the notice was issued or sent but also as to how, when and to whom the delivery and receipt was made.

Heirs of Francisca Medrano v. De Vera
G.R. No. 165770, August 9, 2010

A transferee pendente lite is deemed joined in the pending action from the moment when the transfer of interest Is perfected.

Heirs of Numeriano Miranda, Sr. v. Miranda
G.R. No. 179638, July 8, 2013

An action for revival of judgment is a new and independent action. It is different and distinct from the original judgment sought to be revived or enforced.

Heirs of Simeon Latayan v. Tan
G.R. No. 201652, December 2, 2015

The court or tribunal must look at the material allegations in the complaint, the issues or questions that are subject of the controversy, and the character of the relief prayed for in order to determine whether the nature and subject matter of the complaint is within its jurisdiction.

The doctrine of primary jurisdiction does not allow a court to arrogate unto itself authority to resolve a controversy, the jurisdiction over which was initially lodged with an administrative body of special competence.

Heirs of Telesforo Julao v. De Jesus
G.R. No. 176020, September 29, 2014

The assessed value of the subject property must be alleged, otherwise, it cannot be determined which trial court has original and exclusive jurisdiction over the case. As such, the complaint will be dismissed.

The defense of lack of jurisdiction over the subject matter may be raised any stage of the proceedings, even for the first time on appeal.

Hipolito v. SMCEU-PTGWO
G.R. No. 1654886, November 24, 2009

A supplemental pleading is meant to supply deficiencies in aid of the oiginal pleading and not to dispense with or substitute the latter.

Julian v. Development Bank of the Philippines
G.R. No. 174193, December 7, 2011

The payment of the full amount of docket fees within the prescribed period is both mandatory and jurisdictional.
Failure to pay the appellate court the docket fee within the prescribed period warrants only discretionary, as opposed to automatic, dismissal of the appeal.

King v. Robles
G.R. Nos. 197096-97, December 7, 2015

Grave abuse of discretion is the capricious and whimsical exercise of judgment on the part of the public officer concerned, equivalent to an excess or lack of jurisdiction.

Lagman v. Medialdea
G.R. No. 231658, July 4, 2017

In the absence of a clear legislative intent, jurisdiction cannot be implied from the language of the Constitution or a statute.

Laurel v. Vardeleon
G.R. No. 202967, August 5, 2015

The fundamental test for non prosequitur is whether, under the circumstances, the plaintiff is chargeable with want of due diligence in failing to proceed with reasonable promptitude.

Lhuillier v. British Airways
G.R. No. 171092, March 15, 2010

A defendant who files a motion to dismiss assailing the jurisdiction of the court over his person together with other grounds raised therein is not deemed to have appeared voluntarily before the court.

Magtoto v. Court of Appeals
G.R. No. 175792, November 21, 2012

A party declared in default may, at any time after notice thereof and before judgment, file a motion under oath to set aside the order of default upon proper showing that his failure to answer was due to fraud, accident, mistake or excusable negligence and that he has a meritorious defense.

Malayan Insurance Co., Inc. v. Lin
G.R. No. 207277, January 16, 2017

An order denying a motion to dismiss is merely interlocutory and therefore not appealable.

Malixi v. Mexicali Philippines
G.R. No. 205061, June 8, 2016

No man shall be affected by any proeedingto which he is a stranger, and strangers to a case are not bound by a judgment rendered by the court.

Notice to counsel is an effective notice to the client, while notice to the client and not his counsel is not notice in law.

Mangubat v. Morga-Seva
G.R. No. 202611, November 23, 2015

The remedy of annulment of judgment is only available under exceptional circumstances as this is adverse to the concept of immutability of final judgments. Hence, it is allowed only on two grounds, i.e. extrinsice fraud and lack of jurisdiction. In a petition for annulment of judgment based on lack of jurisdiction, petitioner must show not merely an abuse of jurisdictional discretion but an absolute lack of jurisdiction.

Manzanilla v. Waterfields Industries Corporation
G.R. No. 177484, July 18, 2014

Courts, in order to ascertain whether there is cause of action for unlawful detainer, must inquire into
a) the existence of the lease contract; and
b) the violation of that lease by the lessee.

Maravilla v. Rios
G.R. No. 196875, August 19, 2015

There are three guideposts in determining the necessity of attaching pleadings and portions of the recordto petitions under Rules 42 and 65 of the 1997 Rules:
1) Not all pleadings and parts of case records are required to be attached to the petition;
2) Even if a document is relevant and pertinent to the petition, it need not be appended if it is shown that the contents thereof can also be found in another document already attached to the petition;
3) A petition lacking an essential pleading or part of the case record may still be given due course of reinstated upon showing that petitioner later submitted the documents required, or that it will serve the higher interest of justice that the case be decided on the merits.

Marina Port Services Inc v. American Home Assurance Corporation
G.R. No. 201822, August 12, 2015

The Court may resolve questions of fact when the case falls under any of the following exceptions:
1) when the findings are grounded entirely on speculation, surmises, or conjecttures;
2) when the interference made is manifestly mistaken, absurd or impossible;
3) when there is grave abuse of discretion;
4) when the judgment is based on misapprehension of facts;
5) when the findings of facts are conflicting;
6) when in making its findings the Court of Appeals went beyond the issues of the case, or its findings are contrary to the admissions of both the appellant and the appellee;
7) when the findings are contrary to those of the trial court;
8) when the findings are conclusions without citation of specific evidence on which they are based;
9) when the facts set forth in the petition as well as in the petitioner’s main and reply briefs are not disputed by respondent; and
10) when the findings of fact are premised on the supposed absence of evidence and contradicted by evidence on record.

Marquez v. Espejo
G.R. No. 168387, August 25, 2010

Under the rule on res judicata, a judgment (in personam) is conclusive only between the parties and their successors-in-interest by title subsequent to the commencement of the action.

Monsato v. Lim
G.R. No. 178911, September 17, 2014

Section 1, Rule 6 of the Rules of Court defines pleadings as “written statements of the respective claims and defenses of the parties submitted to the court for appropriate judgment”.
Courts acquire jurisdiction over a case only upon payment of the prescribed docket fee.

Nagkakaisang Lakas ng Manggagawa sa Keihin v. Keihin Philippines Corporation
G.R. No. 171115, August 9, 2010

The absence of an indispensable party renders all subsequent actions of the court null and void for want of authority to act, not only as to the parties absent but even to those present. A decision valid on its face cannt attain real finality where there is want of indispensable parties.

National Power Corporation v. Tarcelo
G.R. No. 198139, September 8, 2014

Where there is conflict between the dispositive portion of the decision and the body thereof, the dispositive portion controls irrespective of what appears in the body of the decision.

Ofilada v. Sps. Andal
G.R. No. 192270, January 26, 2015

The material averments in the complaint determine the jurisdiction of a court. A court does not lose jurisdiction over an ejectment suit by the simple expedient of a party raising as a defense therein the alleged existence of a tenancy relationship between the parties.

Orpiano v. Tomas
G.R. No. 178611, January 14, 2013

Parties may be dropped or added by order of the court on motion of any arty or on its own initiative at any stage of the action and on such terms as are just.

Palileo v. Planters Development Bank
G.R. No. 193650, October 8, 2014

Service and filing of pleadings by courier service is a mode not provided in the Rules.

When a judgment becomes final and executory, it is the ministerial duty of the court to issue a writ of execution to enforce the judgment.

Peak Ventures Corporation v. Heirs of Nestor B. Villareal
G.R. No. 184618, November 19, 2014

The requirement regarding verification of a pleading is formal, not jurisdictional and the noncompliance of which does necessarily render the pleading fatally defective.

PTA of St. Matthew Christian Academy v. Metropolitan Bank and Trust Co.
G.R. No. 176518, March 2, 2010

A non-forum shopping is required only in a complaint or a petition which is an initiatory pleading.

Republic v. Cortez, Sr.
G.R. No. 197472, September 7, 2015

A party’s standing before the Court is a mere procedural technicality which may, in the exercise of its discretion, be set aside in view of the importance of the issue raised.

Two requisites must concur in order for injunction to issue:
1) there must be a right to be protected and
2)the acts against which injunction is to be directed is violative of that right.

Republic v. Namboku Peak
G.R. Nos. 169745 & 170091, July 18, 2014

A real party-in-interest is the party who stands to be benefited or injured by the judgment in the suit, or the party entitled to the avails of the suit.

Republic v. Sps. Salvador
G.R. No. 205428, June 7, 2017

If a pleading is filed by registered mail, the date of the mailing shall be considered as the date of filing. It does not matter when the court actually receives the mailed pleading.

Sagana v. Francisco
G.R. No. 161952, October 2, 2009

For substituted service of summons to be valid, the following must be demonstrated:
a) that personal service of summons within a reasonable time was impossible;
b) that efforts were exerted to located the party; and
c) that the summons was served upon a person of sufficient age and discretion residing at the party’s residence of upon a competent person in charge of the party’s office or regular place of business.

The purpose of summons is twofold:
1) To acquire jurisdiction over the person of the defendant; and
2) To notify the defendant that an action has been commenced so that he may be given an opportunity to be heard on the claim against him.

Silverio, Sr. v. Silverio, Jr.
G.R. No. 186589, July 18, 2014

The pendency of a special civil action for certiorari instituted in relation to a pending case does not stay the proceedings therein in the absence of a writ of preliminary injunction or temporary restraining order.

Siy v. Tomlin
G.R. No. 205998, April 24, 2017

In a complaint for replevin, the plaintiff need not be the owner so long as he is able to specify his right to the possession of the property and his legal basis therefor.

Sps. Afulugencia v. Metropolitan Bank and Trust Co. et. al.
G.R. No. 185145, February 5, 2014

As a rule, in civil cases, the procedure of calling the adverse party to the witness stand is not allowed unless written interrogatories are first served upon the latter.

Sps. Pajares v. Remarkabale Laundry & Dry Cleaning
G.R. No. 212690, February 20, 2017

There is no such thing as an “action for breach of contract”. Rather, breach of contract is a cause of action, but not the action or relief itself.

Where the complaint primarily seeks to recover damages, all claims for damages should be considered in determining which court has jurisdiction over the subject matter of the case regardless of whether they arose from a single cause of action or several causes of action.

Sy v. Fairland Knitcraft Co., Inc.
G.R. Nos. 182915 & 189658, December 12, 2011

If there is no valid service of summons, the court can still acquire jurisdiction over the person of the defendantby virtue of the latter’s voluntary appearance.

Teano v. Municipality of Navotas
G.R. No. 205814, February 15, 2016

Extrinsic fraud is that which prevented the aggrieved party from having a trial or presenting his case to the court, or used to procure the judgment without fair submission of the controversy.

Trinidad v. Fama Realty, Inc.
G.R. No. 203336, June 6, 2016

Where contempt is committed against quasi-judicial entities, the filing of contempt charges in court is observed only when there is no law granting contempt powers to these quasi-judicial entities.

United Alloy Philippines Corporation v. United Coconut Planters Bank
G.R. No. 179257, November 23, 2015

Under the doctrine of judicial stability or noninterference, no court can interfere by injunction with the judgments or orders of another court of concurrent jurisdiction having the power to grant the relief sought by injunction.

One of the inevitable consequences of the dismissal of the main action is the dissolution of the ancillary relief granted therein.

University of Santo Tomas v. Sanchez
G.R. No. 165569, July 29, 2010

Failure to exhaust administrative remedies is a ground for dismissal of the action.

The essential test to sustain dismissal on the ground of failure to state a cause of action is whether admitting the facts alleged, the court could render a valid judgment upon the same in accordance with the prayer of the petition.

V.C. Ponce Company, Inc. v. Municipality of Paranaque
G.R. No. 178431, November 12, 2012

No motion for extension of time to file a motion for new trial or reconsideration may be filed with the Metropolitan or Municipal Trial Courts, the Regional Trial Courts, and the Intermediate Appellate Court.

Venzon v. Rural Bank of Buenavista (Agusan Del Norte)
G.R. No. 178031, August 28, 2013

Where a fact is alleged with some qualifying or modifying language, and the denial is conjunctive, a ‘negative pregnant’ exists, and only the qualification or modification is denied, while the fact itself is admitted.

Victorias Milling Co. , Inc. v. Court of Appeals
G.R. No. 168062, June 29, 2010

The Rule on Summary Procedure, by way fo exception, permits only a motion to dismiss on the ground of lack of jurisdiction over the subject matter but it does not mention the ground of lack of jurisdiction over the person.

Villondo v. Quijano
G.R. No. 173606, December 3, 2012

Public lands can be the subject of forcible entry cases as it has already been held that ejectment proceedings may involve all kinds of lands.

Vinuya v. Romulo
G.R. No. 162230, August 12, 2014

A writ of preliminary injunction should be issued only to prevent grave and irreparable injury that is actual, substantial and demonstrable. It should never issue when an action for damages would adequately compensate the injuries caused.

Yuki, Jr. v. Co
G.R. No. 178527, November 27, 2009

Section 2 Rule 42 merely requires that the petition be accompanied by copies of pleadings and other material portions of the record as would support the allegations of the petition. It does not require that all the pleadings and documents filed before the lower courts must be attached as annexes to the petition.

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