Forum shopping is the institution of two or more actions involving the same parties for the same cause of action either simultaneously or successively, on the suspension that one or the other…
Author: Bryan Villarosa
Brown-Araneta vs. Araneta
Facts Juan and Michelle were married and had 2 minor children. They separated and the children remained in Michelle’s custody. Juan filed for a Petition for Custody of his children with prayer…
Culpa Aquiliana
Responsibility without a written contract, on the basis of a wrongful act. “Culpa” or culpability means responsibility arising from a wrongful act. Aquiliana – Latin “a” means without; “quill” means a pen…
Heirs of Mesina vs. Heirs of Fian Digest
Facts The heirs of Fian refused to vacate the lot that they possess despite repeated demands by the Mesinas. One of the Mesinas filed an action against the heirs of Fian, naming…
MVRS Publication vs. Islamic Da’wah Council
Facts The Islamic Dawah Council of the Ph (IDCP), a local federation of 70 Muslim organizations, filed a class suit in behalf of Muslim members nationwide against MVRS Publications et al in…
Kilosbayan Inc. vs. Morato Digest
Facts The SC invalidated the Contract of Lease between PCSO and Phil Gaming Mgt Corp (PGMC) on the ground of violation PSCO’s charter. Then, the parties negotiated a new agreement that would…
Newsweek vs. IAC
Facts In 1981, the respondent association of sugarcane planters filed a class suit in representation of 8,500 members alleging libel against Newsweek Inc., and two of its reporters. Newsweek is a foreign…
Ang vs. Pacunio Digest
Facts Pacunio filed to nullify Ang’s purchase of a 9.8 hectare land from Udiaan. Pacunio alleged that he is the real heir of Udiaan, and that Ang purchased the subject land from…
Briones vs. CA
Remedial Law: Plaintiff not expected to comply with the stipulation of venue on the agreement if he sails the validity of the latter. Compliance therewith means implicit recognition of its validity. G.R….
Barredo vs. Garcia
Facts In 1936, 16 year old Faustino Garcia died in an accident caused by the collision of the taxi driven by Pedro Fontanilla. Action was filed in CFI, Fontanilla was convicted and sentenced….