Category Archives: Complaint/Information

The compulsory process of arbitration is a pre-condition for the filing of the complaint in court

Posted on July 26, 2014 by Erineus

Undeniably, both petitioner Agbayani and respondent Genabe are residents of Las Piñas City and both work at the RTC, and the incident which is the subject matter of the case happened in their workplace.[25] Agbayani’s complaint should have undergone the … Continue reading →

Posted in Arbitration, Complaint/Information, Katarungan Pambarangay, LGU | Tagged , , | Leave a comment

Allegation in the complaint in actions for forcible entry and unlawful detainer cases compared and distinguised

Posted on February 29, 2012 by Erineus

RTC, likewise erroneously applied the rule that jurisdictional facts must appear on the face of the complaint for ejectment, such that when the complaint fails to faithfully aver facts constitutive of unlawful detainer, as where it does not state when … Continue reading →

Posted in Complaint/Information, Forcible Entry, Jurisdiction, Unlawful Detainer | Tagged | 1 Comment

Allegations in the complaint that clearly makes out a case for unlawful detainer is essential to confer jurisdiction over the subject matter on the MTC.

Posted on February 29, 2012 by Erineus

Well-settled is the rule that what determines the nature of the action, as well as the court which has jurisdiction over the case, are the allegations in the complaint.  In ejectment cases, the complaint should embody such statement of facts … Continue reading →

Posted in Complaint/Information, Ejectment, Jurisdiction, Unlawful Detainer | Tagged | Leave a comment

The relationship between the preamble and the accusatory portion of the Information

Posted on February 20, 2012 by Erineus

Petitioner was thus charged with Violation of Section 9(e), R.A. No. 8484 for “possessing a counterfeit access device or access device fraudulently applied for.” The accusatory portion of the Information reads: That on or about the 13th day of August … Continue reading →

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Can the Ombudsman initiate investigation even based on anonymous complaint?

Posted on February 18, 2012 by Erineus

Petitioner BIR insists that the investigative power of the Ombudsman is not unbridled.  Particularly on the issue of tax refunds, the BIR maintains that the Ombudsman could validly exercise its power to investigate only when there exists an appropriate case … Continue reading →

Posted in Anonymous, Complaint/Information, Ombudsman, Question and Answers | Tagged | Leave a comment