August 2009 Philippine Supreme Court Decisions on Remedial Law, Criminal Law and Legal/Judicial Ethics

Here are selected August 2009 Philippine Supreme Court decisions on remedial law, criminal law and legal/judicial ethics.

Remedial Law

Action;  accion publiciana.  Accion publiciana, also known as accion plenaria de posesion, is an ordinary civil proceeding to determine the better right of possession of realty independently of title. It refers to an ejectment suit filed after the expiration of one year from the accrual of the cause of action or from the unlawful withholding of possession of the realty.

The objective of the plaintiffs in accion publiciana is to recover possession only, not ownership. However, where the parties raise the issue of ownership, the courts may pass upon the issue to determine who between or among the parties has the right to possess the property. This adjudication, however, is not a final and binding determination of the issue of ownership; it is only for the purpose of resolving the issue of possession, where the issue of ownership is inseparably linked to the issue of possession. The adjudication of the issue of ownership, being provisional, is not a bar to an action between the same parties involving title to the property. The adjudication, in short, is not conclusive on the issue of ownership. Francisco Madrid and Edgardo Bernardo vs. Spouses Bonifacio Mapoy and Felicidad Martinez, G.R. No. 150887, August 14, 2009.

Action;  filing fees. Upon deeper reflection, we find that the movants’ claim has merit. The 600,000 shares of stock were, indeed, properties in litigation. They were the subject matter of the complaint, and the relief prayed for entailed the nullification of the transfer thereof and their return to LLDC. David, et al., are minority shareholders of the corporation who claim to have been prejudiced by the sale of the shares of stock to the Lu Ym father and sons. Thus, to the extent of the damage or injury they allegedly have suffered from this sale of the shares of stock, the action they filed can be characterized as one capable of pecuniary estimation. The shares of stock have a definite value, which was declared by plaintiffs themselves in their complaint. Accordingly, the docket fees should have been computed based on this amount. This is clear from the version of Rule 141, Section 7 in effect at the time the complaint was filed. David Lu Vs. Paterno Lu Ym, Sr., et al./Paterno Lu Ym, Sr., et al. Vs. David Lu/ John Lu Ym and Ludo & Luym Development Corporation Vs. The Hon. Court of Appeals of Cebu City (former twentieth division), et al., G.R. No. 153690/G.R. No. 157381/G.R. No. 170889, August 4, 2009.

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