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…
Section 27, Canon III of the Code of Professional Responsibility and Accountability (CPRA) reads as follows: “SECTION 27. Confidentiality of privileged communication. – A lawyer shall maintain the confidences of the client, and shall respect data privacy laws. The duty of confidentiality shall continue even after the termination of the lawyer-client engagement.” The privileged communication…
The Rules on Electronic Evidence (REE) are the rules applicable whenever an electronic document is offered or used in evidence. The REE took effect on 1 August 2001. Section 2, Rule 1 of the REE provided that “[t]hese Rules shall apply to all civil actions and proceedings, as well as quasi-judicial and administrative cases.” Subsequently,…
May a person who had bought the property in litigation from the plaintiff move that he or she be substituted for the plaintiff if the latter dies during the pendency of the case? A case decided by the Supreme Court is illustrative.* The facts are briefly restated as follows: Josefa filed with the Regional Trial…
Real estate mortgage A real estate mortgage is an accessory contract constituted by the owner of a real property (mortgagor) whereby he allows a lien to be constituted thereon for the purpose of securing in favor of the creditor (mortgagee) the fulfillment of a principal obligation. A real estate mortgage is a contract creating a…
Is online libel or cyberlibel committed before 3 October 2012, the effectivity date of the Cybercrime Prevention Act, a crime? The answer is yes. Online libel or cyberlibel committed before 3 October 2012 was already punishable as a crime under Article 353, in relation to Article 355, of the Revised Penal Code. This notwithstanding the…
My experience as a law professor, bar reviewer, and bar exam coach in Remedial Law made me notice the following ten common misconceptions of bar reviewees studying remedial law review. A bar reviewee may do well to take note of these misconceptions and avoid falling into them during the bar examination. 1. ACTIONABLE DOCUMENT IS…
In a criminal case, the civil action to recover civil liability arising from the offense charged (civil liability ex delicto) is deemed instituted with the criminal action, unless the offended party waives such civil action, reserves its filing, or institutes it prior to the criminal action.[1] If the accused is acquitted, may the offended party…