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 only Theresa as the representative of the heirs. Theresa filed a Motion to Dismiss on the ground that the names of all the […]
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 RTC Manila. The complaint arose from an article in Bulgar in August of 1992 stating that the reason why Muslims don’t eat pork […]
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 be consistent with such a charter. (Jan 1995) The parties signed an Equipment Lease Agreement (ELA) where PGMC leased online lottery equipment and […]
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 company licensed to do business in the Philippines. This is in connection with their article “An Island of Fear” which portrayed the province […]
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 an impostor. Ang denied their allegations, presented evidences, and argued that he even had to buy the land twice. The RTC denied Pacunio’s […]
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. No. 204444, 14 January 2015 Facts Briones is the owner of subject property in Manila (TCT No. 160689). In 2010, he was informed […]
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. Right for civil action was reserved. The parents of the deceased brought an action in CFI Manila against Barredo, the sole proprietor of […]
Marcos-Araneta vs. CA, Benedicto
Facts Irene Marcos Araneta alleged that she is a beneficiary of the shares of stocks of 2 corporations of Benedicto. She demanded reconveyance of 65% of the stockholdings but the alleged trustee, Benedicto Group, refused. Irene instituted complaints against the Group with the RTC Batac Ilocos Norte. Benedicto Group filed motion to dismiss on the […]
Turner vs. Lorenzo Shipping Digest
GR 157479November 24, 2010 Facts The spouses Turners are stockholders of Lorenzo Shipping Corp. When the Corp decided to amend its Articles to remove the stockholders’ pre-emptive rights to newly-issued shares of stock, the Turners voted against it. Turners demanded the Corp to buy them out based on BOOK VALUE (equals total assets – liabilities / […]
Class Suit
A class suit is where one or more may sue for the benefit of all (Mathay vs. Consolidated Bank and Trust) or where the representation of class interest affect by the by the judgment or decree is indispensable to make each member of the class an actual party (Borlaza vs. Polistico). The plaintiffs must have […]
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