Category Archives: Civil Procedures

Jurisdiction over any case is acquired only upon the payment of the prescribed docket fee which is both mandatory and jurisdictional.

Posted on February 25, 2012 by Erineus

          Jurisdiction is defined as the authority to hear and determine a cause or the right to act in a case.[37]  In addition to being conferred by the Constitution and the law,[38] the rule is settled that a court’s jurisdiction … Continue reading →

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Compulsory joinder of indispensable parties

Posted on February 23, 2012 by Erineus

Whether Senator Madrigal, who filed the complaint against Senator Villar, is an indispensable party in this petition? … Section 7, Rule 3 of the 1997 Rules of Civil Procedure provides: SEC. 7 – Compulsory joinder of indispensable parties. – Parties … Continue reading →

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Whether the “fresh period rule” enunciated in Neypes applies to appeals in criminal cases?

Posted on February 4, 2012 by Erineus

The core issue boils down to whether the “fresh period rule” enunciated in Neypes applies to appeals in criminal cases. The Court’s Ruling We find merit in the petition. The right to appeal is not a constitutional, natural or inherent … Continue reading →

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Appeal can be dismissed on the ground that their Appellants’ Brief failed to comply with Section 13, Rule 44 of the 1997 Rules of Civil Procedure as the said brief did not have a subject index, an assignment of errors, and page references to the record in the Statement of Facts.

Posted on February 2, 2012 by Erineus

The main issue is whether or not the Court of Appeals erred in dismissing petitioners’ appeal on the ground that their Appellants’ Brief failed to comply with Section 13, Rule 44 of the 1997 Rules of Civil Procedure as the … Continue reading →

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The two causes of action, one to compel recognition and the other to claim inheritance, may be joined in one complaint

Posted on January 25, 2012 by Erineus

Preliminaries aside, we now tackle the main issues. Petitioner refuses to recognize Martin as his own child and denies the genuineness and authenticity of the child’s birth certificate which he purportedly signed as the father. He also claims that the … Continue reading →

Posted in Civil Law, Civil Procedures, Complaint/Information, Family Code | Tagged , | Leave a comment