Brief background Article 91 of the Revised Penal Code provides that the period of prescription of offenses shall be interrupted by the filing of the complaint or information and shall commence to run again when such proceedings terminate without the accused being convicted or acquitted or are unjustifiably stopped for any reason not imputable to…
Essay question no. 8(a) of the 2012 Remedial Law Bar Examination reads as follows: “A sues B for collection of a sum of money. Alleging fraud in the contracting of the loan, A applies for preliminary attachment with the court. The court issues the preliminary attachment after A files a bond. While summons on B…
Does a prior unregistered sale of land prevail over a subsequent levy on execution thereon? The answer to the question would depend mainly on whether the land at the time of the levy was registered or not. To illustrate: P filed a sum of money case against D. During the pendency of the case,…
Under the present Rule 112 of the Rules of Criminal Procedure, in criminal cases requiring a preliminary investigation, a prosecutor will file the information with the criminal court if he or she determines after a preliminary investigation that there is probable cause, that is, “there is sufficient ground to engender a well-founded belief that a crime…
In the recent en banc case of Plana v. Tan Chua, the Supreme Court had the occasion to tackle the application of the mirror doctrine regarding registered land. Under that doctrine as codified in Section 44 of the Property Registration Decree, a purchaser of registered land taking a certificate of title for value and in…
Let us say that in January 2015, B issued in Manila a ₱1 million check to C in payment of a loan. The check was dishonored upon presentation to the drawee bank because of insufficient funds. C gave a written notice of dishonor to B in February 2015 and demanded payment, but the latter still…
The parol evidence rule provides that “[w]hen the terms of an agreement have been reduced to writing, it is considered as containing all the terms agreed upon and there can be, as between the parties and their successors in interest, no evidence of such terms other than the contents of the written agreement.” (Section 10,…
Act No. 3135 governs the procedure for extrajudicial foreclosure of real estate mortgages. In case the real property is sold after foreclosure, the mortgagor or junior lienholder has a right of redemption within one year from the registration of the foreclosure sale. The rule is that the mortgagor is entitled to the possession of the…
The following Q&A appears in Prof. Antonio R. Bautista’s Remedial Law Quizzer: “Due to personal injuries suffered in a vehicular collision, P sued D for ₱300,000 in actual damages, ₱1 million in moral damages, ₱1 million in exemplary damages and ₱500,000 for attorney’s fees. Assuming that D is declared in default, how much can the…
What are the remedies of an aggrieved party from the court’s action on a motion to dismiss or on an affirmative defense? COURT’S ACTION ON THE AFFIRMATIVE DEFENSE Defendant’s remedy from the denial of an affirmative defense The denial of the affirmative defense generally means that the case shall proceed to trial. The remedy of…