Category Archives: Complaint/Information

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

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

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

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

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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.

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

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

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?

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

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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

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

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Elements of Qualified Seduction

Appellant’s exculpation from the offense of rape does not mean, however, that his responsibility is merely moral and not penal in character.[33] Complainant’s narration of facts, i.e., appellant’s sexual abuse of his own 12-year old daughter twice on 13 June … Continue reading

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