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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May 2010 Philippine Supreme Court Decisions on Criminal Law and Procedure

Here are selected May 2010 rulings of the Supreme Court of the Philippines on criminal law and procedure

Anti-Graft; causing undue injury. The elements of the offense of causing undue injury under R.A. 3019, Sec. 3(e) are as follows: (1) that the accused are public officers or private persons charged in conspiracy with them; (2) that said public officers commit the prohibited acts during the performance of their official duties or in relation to their public positions; (3) that they caused undue injury to any party, whether the Government or a private party; (4) that such injury is caused by giving unwarranted benefits, advantage or preference to such parties; and (5) that the public officers have acted with manifest partiality, evident bad faith or gross inexcusable negligence. In this case, only the first element was proven. The other elements were not. Thus, the presumption of regularity in the performance of one’s function remains unrebutted and enjoyed by petitioners. Anuncio C. Bustillo, et al. vs. People of the Philippines, G.R. No. 160718, May 12, 2010

Arrest; estoppel. An accused is estopped from assailing the legality of his arrest if he fails to raise this issue or to move for the quashal of the information against him on this ground, which should be made before arraignment. In this case, the irregularity of the accused’s arrest was raised only in his appeal before the Court of Appeals. This is not allowed considering that he was already properly arraigned and even actively participated in the proceedings. He is therefore deemed to have waived this alleged defect when he submitted himself to the jurisdiction of the court. People of the Philippines vs. Joseph Amper y Repaso, G.R. No. 172708, May 5, 2010.

Arrest; posting of bail. The erstwhile ruling of this Court was that posting of bail constitutes a waiver of any irregularity in the issuance of a warrant of arrest has already been superseded by Section 26, Rule 114 of the Revised Rule of Criminal Procedure.  The principle that the accused is precluded from questioning the legality of the arrest after arraignment is true only if he voluntarily enters his plea and participates during trial without previously invoking his objections thereto. Section 26, Rule 114 of the Revised Rules on Criminal Procedure is a new one, intended to modify previous rulings of this Court that an application for bail or the admission to bail by the accused shall be considered as a waiver of his right to assail the warrant issued for his arrest on the legalities or irregularities thereon. The new rule has reverted to the ruling of this Court in People v. Red. The new rule is curative in nature because, precisely, it was designed to supply defects and curb evils in procedural rules. Thus, petitioners’ posting of bail bond should not be deemed as a waiver of their right to assail their arrest. Teodoro C. Borlongan, Jr. et al. vs. Magdaleno M. Peña, et al., G.R. No. 143591, May 5, 2010.

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March 2010 Philippine Supreme Court Decisions on Remedial Law

Here are selected March 2010 rulings of the Supreme Court of the Philippines on remedial law:

Civil Procedure

Actions; action for reformation of instrument; requisites. For an action for reformation of instrument to prosper, the following requisites must concur: (1) there must have been a meeting of the minds of the parties to the contract; (2) the instrument does not express the true intention of the parties; and (3) the failure of the instrument to express the true intention of the parties is due to mistake, fraud, inequitable conduct or accident.  Petitioner having admitted the existence and execution of the instrument, what remains to be resolved is whether the contract expressed the true intention of the parties; if not, whether it was due to mistake, fraud, inequitable conduct or accident.  The onus probandi is upon the party who insists that the contract should be reformed.  Notarized documents, like the deed in question [i.e., “Sale and Transfer of Rights over a Portion of a Parcel of Land”], enjoy the presumption of regularity which can be overturned only by clear, convincing and more than merely preponderant evidence.  This petitioner failed to discharge.  Flordeliza Emilio vs. Bilma Rapal, G.R. No. 181855, March 30, 2010.

Actions; annulment of judgment. The Court finds that petitioner properly availed of the remedy of a petition for annulment of judgment in challenging the Manila RTC Decision.  In his petition with the appellate court, he did not limit his ground to extrinsic fraud, as he invoked as well the Manila RTC’s lack of jurisdiction to annul the proceedings in the Pagadian RTC which is a court of co-equal and coordinate jurisdiction.  Since petitioner’s petition raised lack of jurisdiction, he did not have to allege that the ordinary remedies of new trial, reconsideration or appeal were no longer available through no fault of his.  This is so because a judgment rendered or final order issued by the RTC without jurisdiction is null and void and may be assailed any time either collaterally or in a direct action, or by resisting such judgment or final order in any action or proceeding whenever it is invoked.  Jose Cabaral Tiu v. First Plywood Corporation/Jose Cabaral Tiu vs. Timber Exports, Inc. Angel Domingo, Country Bankers Ins. Corp., Perfecto Mondarte, Jr. and Cesar Dacal, G.R. No. 176123/G.R. No.  185265, March 10, 2010

Actions; attack on title. The petitioners contend that this action for quieting of title should be disallowed because it constituted a collateral attack on OCT No. RO-9969-(O-20449), citing Section 48 of Presidential Decree No. 1529, viz:

Section 48. Certificate not subject to collateral attack.– A certificate of title shall not be subject to collateral attack. It cannot be altered, modified, or cancelled except in a direct proceeding in accordance with law.

The petitioners’ contention is not well taken.  An action or proceeding is deemed an attack on a title when its objective is to nullify the title, thereby challenging the judgment pursuant to which the title was decreed.  The attack is direct when the objective is to annul or set aside such judgment, or enjoin its enforcement. On the other hand, the attack is indirect or collateral when, in an action to obtain a different relief, an attack on the judgment is nevertheless made as an incident thereof.  Teofisto Oño, et al. vs. Vicente N. Lim, G.R. No. 154270, March 9,  2010

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

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

Remedial Law

Actions;  quasi in rem. The petition for cancellation of entries annotated at the back of OCT No. 40287 ought to have been directed against specific persons: namely, the heirs of Juan Soriano as appearing in Entry No. 20102 and, indubitably, against their successors-in-interest who have acquired different portions of the property over the years because it is in the nature of an action quasi in rem. Accordingly, the Salazars should have impleaded as party defendants the heirs of Juan Soriano and/or Vicenta Macaraeg as well as those claiming ownership over the property under their names because they are indispensable parties. This was not done in this case. Since no indispensable party was  ever impleaded by the Salazars in their petition for cancellation of entry filed before Branch 63 of the RTC of Tarlac, herein petitioners are not bound by the dispositions of the said court. Consequently, the judgment or order of the said court never even acquired finality. Zenaida Acosta, et al. vs. Trinidad Salazar, et al., G.R. No. 161034.  June 30, 2009

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