INC.

The Iglesia De Jesucristo Jerusalem Nueva of Manila, Philippines, Inc., Represented By Its President, Francisco Galvez, vs. Loida Dela Cruz Using The Name Church Of Jesus Christ, “New Jerusalem” – G.R. No. 208284, April 23, 2018,

when the defendant raises the defense of ownership in [her] pleadings and the question of possession cannot be resolved without deciding the issue of ownership, the issue of ownership shall be resolved only to determine the issue of possession. In other words, where the parties to an ejectment case raise the issue of ownership, the courts may pass upon that issue to determine who between the parties has the better right, to possess the property. However, where the issue of ownership is inseparably linked to that of possession, adjudication of the ownership issue is not final and binding, but only for the purpose of resolving the issue or possession.

The principal issue must be possession de facto, or actual possession, and ownership is merely ancillary to such issue. The summary character of the proceedings is designed to quicken the determination of possession de facto in the interest of preserving the peace of the community, but the summary proceedings may not be proper to resolve ownership of the property. Consequently, any issue on ownership arising in forcible entry or unlawful detainer is resolved only provisionally for the purpose of determining the principal issue of possession.

Knights of Rizal vs. DMCI Homes, Inc., G.R. No. 213948, April 18, 2017

Facts: On 12 September 2014, the Knights of Rizal (KOR), a “civic, patriotic, cultural, nonpartisan, non-sectarian and non-profit organization” created under Republic Act No. 646, filed a Petition for Injunction seeking a temporary restraining order, and later a permanent injunction, against the construction of DMCIPDI’s Torre de Manila condominium project. The KOR argues that theContinue reading “Knights of Rizal vs. DMCI Homes, Inc., G.R. No. 213948, April 18, 2017”

CE CASECNAN WATER and ENERGY COMPANY, INC., vs. THE PROVINCE OF NUEVA ECIJA, G.R. No. 196278, June 17, 2015

Facts: On June 26, 1995, petitioner and the National Irrigation Administration (NIA) entered into a build-operate-transfer (BOT) contract known as the “Amended and Restated Casecnan Project Agreement” (Casecnan Contract) relative to the construction and development of the Casecnan Multi-Purpose Irrigation and Power Project (Casecnan Project) in Pantabangan, Nueva Ecija and Alfonso Castaneda, Nueva Vizcaya. TheContinue reading “CE CASECNAN WATER and ENERGY COMPANY, INC., vs. THE PROVINCE OF NUEVA ECIJA, G.R. No. 196278, June 17, 2015“

BOSTON EQUITY RESOURCES, INC., vs. COURT OF APPEALS, G.R. No. 173946, June 19, 2013

Facts: On 24 December 1997, petitioner filed a complaint for sum of money with a prayer for the issuance of a writ of preliminary attachment against the spouses Manuel and Lolita Toledo. Herein respondent filed an Answer, she filed a Motion for Leave to Admit Amended Answer in which she alleged, among others, that herContinue reading “BOSTON EQUITY RESOURCES, INC., vs. COURT OF APPEALS, G.R. No. 173946, June 19, 2013“

CITY GOVERNMENT OF QUEZxON CITY and CITY COUNCIL OF QUEZON CITY, petitioners, vs. HON. JUDGE VICENTE G. ERICTA; HIMLAYANG PILIPINO, INC., G.R. No. L-34915, June 24, 1983

Facts: The Quezon City Council passed an ordinance entitled “ORDINANCE REGULATING THE ESTABLISHMENT, MAINTENANCE AND OPERATION OF PRIVATE MEMORIAL TYPE CEMETERY OR BURIAL GROUND WITHIN THE JURISDICTION OF QUEZON CITY AND PROVIDING PENALTIES FOR THE VIOLATION THEREOF” which provides: Sec. 9. At least six (6) percent of the total area of the memorial park cemeteryContinue reading “CITY GOVERNMENT OF QUEZxON CITY and CITY COUNCIL OF QUEZON CITY, petitioners, vs. HON. JUDGE VICENTE G. ERICTA; HIMLAYANG PILIPINO, INC., G.R. No. L-34915, June 24, 1983”

IV. Equal Protection, Article III, Sec. 1

Equal Protection, Article III, Section 1 A. ConceptB. Requisites for valid classification1. The Equal Protection Clause does not require the universal application of the law to all persons or things without distinction. What it simply requires is equality among equals as determined according to valid classification. The test developed by jurisprudence here and yonder isContinue reading “IV. Equal Protection, Article III, Sec. 1”

ROLITO CALANG and PHILTRANCO SERVICE ENTERPRISES, INC., v. PEOPLE OF THE PHILIPPINES,- G.R. No. 190696, August 3, 2010

Fact: Calang, driver of Philtranco was involved in a vehicular accident instantly killer 3 people. A criminal case was filed against Calang and Philtranco. The RTC ruled finding Calang and Philtrnaco jointly and severally liable for the crime and ordered to pay indemnity to the victims. After it MR was denied, Philtranco appealed the CAContinue reading “ROLITO CALANG and PHILTRANCO SERVICE ENTERPRISES, INC., v. PEOPLE OF THE PHILIPPINES,- G.R. No. 190696, August 3, 2010”