June 2010 Philippine Supreme Court Decisions on Remedial Law

Here are selected June 2010 Philippine Supreme Court decisions on remedial law:

Civil Procedure

Annulment of judgment; direct recourse to this remedy not allowed if other appropriate remedies are available.  Sections 1 and 2 of Rule 47 of the Rules of Court impose the conditions for the availment of the remedy of annulment of judgment, viz.:

Section 1. Coverage.- This Rule shall govern the annulment by the Court of Appeals of judgments or final orders and resolutions in civil actions of Regional Trial Courts for which the ordinary remedies of new trial, appeal, petition for relief or other appropriate remedies are no longer available through no fault of the petitioner.

Section 2. Groundsfor annulment. – The annulment may be based only on the grounds of extrinsic fraud and lack of jurisdiction.

Extrinsic fraud shall not be a valid ground if it was availed of, or could have been availed of, in a motion for new trial or petition for relief.

Section 1, Rule 47 provides that it does not allow a direct recourse to a petition for annulment of judgment if other appropriate remedies are available, such as a petition for new trial, appeal or a petition for relief.  If petitioner fails to avail of these remedies without sufficient justification, she cannot resort to the action for annulment of judgment under Rule 47, for otherwise, she would benefit from her inaction or negligence.

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December 2009 Philippine Supreme Court Decisions on Remedial Law

Here are selected December 2009 rulings of the Supreme Court of the Philippines on remedial law:

Civil Procedure

Appeal;  certiorari. The proper remedy of a party aggrieved by a decision of the Court of Appeals is a petition for review under Rule 45, which is not similar to a petition for certiorari under Rule 65 of the Rules of Court. As provided in Rule 45 of the Rules of Court, decisions, final orders or resolutions of the Court of Appeals in any case, i.e., regardless of the nature of the action or proceedings involved, may be appealed to this Court by filing a petition for review, which would be but a continuation of the appellate process over the original case. On the other hand, a special civil action under Rule 65 is an independent action based on the specific grounds therein provided and, as a general rule, cannot be availed of as a substitute for the lost remedy of an ordinary appeal, including that under Rule 45.  Santiago Cua, Jr., et al. vs. Miguel Ocampo Tan, et al./Santiago Cua,  Sr., et al. vs. Court of Appeals, et  al.G.R. No. 181455-56/G.R. No. 182008, December 4, 2009.

Appeal; decision of RTC acting in exercise of its appellate jurisdiction. In the case at bar, it is clear that when the case was appealed to the RTC, the latter took cognizance of the case in the exercise of its appellate jurisdiction, not its original jurisdiction. Hence, any further appeal from the RTC Decision must conform to the provisions of the Rules of Court dealing with said matter. It is apparent that petitioner has availed itself of the wrong remedy. Since the RTC tried the case in the exercise of its appellate jurisdiction, petitioner should have filed a petition for review under Rule 42 of the Rules of Court, instead of an ordinary appeal under Rule 41. The law is clear in this respect. Barangay Sangalang, represented by its Chairman Dante C.  Marcellana vs. Barangay Maguihan, represented by its Chairman Arnulfo VillarezG.R. No. 159792, December 23, 2009.

Appeal;  failure to pay docket fees. The Order denying petitioner’s motion for reconsideration was silent as to the issue of the non-payment of docket fees; however, this Court deems that the RTC must have accepted the explanation given by respondent, otherwise, said court would have dismissed the appeal and reconsidered its decision. The failure to pay docket fees does not automatically result in the dismissal of an appeal, it being discretionary on the part of the appellate court to give it due course or not. This Court will then not interfere with matters addressed to the sound discretion of the RTC in the absence of proof that the exercise of such discretion was tainted with bias or prejudice, or made without due circumspection of the attendant circumstances of the case. Barangay Sangalang, represented by its Chairman Dante C.  Marcellana vs. Barangay Maguihan, represented by its Chairman Arnulfo VillarezG.R. No. 159792, December 23, 2009.

Appeal; findings of fact. As a rule, the findings of fact of the trial court when affirmed by the CA are final and conclusive on, and cannot be reviewed on appeal by, this Court as long as they are borne out by the records or are based on substantial evidence. The Court is not a trier of facts, its jurisdiction being limited to reviewing only errors of law that may have been committed by the lower courts. Republic of the Philippines vs. Ignacio Leonor and Catalino RazonG.R. No. 161424, December 23, 2009.

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July 2009 Philippine Supreme Court Decisions on Remedial Law

Here are selected July 2009 Philippine Supreme Court decisions on remedial law:

Action;  certification of non-forum shopping.  Under Section 3, par. 3, Rule 46 of the Rules of Court, a petition for certiorari must be verified and accompanied by a sworn certification of non-forum shopping. A pleading is verified by an affidavit that the affiant has read the pleading and that the allegations therein are true and correct of his personal knowledge or based on authentic records. On the other hand, a certification of non-forum shopping is a certification under oath by the plaintiff or principal party in the complaint or other initiatory pleading asserting a claim for relief or in a sworn certification annexed thereto and simultaneously filed therewith, (1) that he has not commenced any action or filed any claim involving the same issues in any court, tribunal or quasi-judicial agency and no such other action or claim is pending therein; (2) if there is such other pending action or claim, a complete statement of the present status thereof; and (3) if he should thereafter learn that the same or similar action or claim has been filed or is pending, he shall report that fact within five days therefrom to the court wherein his aforesaid complaint or initiatory pleading has been filed.

The reason the certification of non-forum shopping is required to be accomplished by the plaintiff or principal party himself is because he has actual knowledge of whether he has initiated similar actions or proceedings in different courts or agencies. In case the plaintiff or principal party is a juridical entity, such as petitioner, the certification may be signed by an authorized person who has personal knowledge of the facts required to be established by the documents.

Although petitioner submitted a verification/certification of non-forum shopping, affiant Edgar L. Chavez had no authority to sign the verification/certification of non-forum shopping attached to the petition filed in the Court of Appeals. The records disclose that the authority of Chavez was to represent petitioner only before the NLRC. Moreover, the board resolution showing such authority was neither certified nor authenticated by the Corporate Secretary. The Corporate Secretary should have attested to the fact that, indeed, petitioner’s Board of Directors had approved a Resolution on August 11, 2005, authorizing Chavez, to file the petition and to sign the verification/certification of non-forum shopping.  Davao Contractors Development Cooperative (DACODECO), represented by Chairman of the Board Engr. L. Chavez vs. Marilyn A. Pasawa, G.R. No. 172174, July 9, 2009.

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