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TOMAS EUGENIO v. ALEJANDRO M. VELEZ

This case has been cited 6 times or more.

	GR No. 185066 2009-10-02	PHILIPPINE CHARTER INSURANCE CORPORATION v. PHILIPPINE NATIONAL CONSTRUCTION CORPORATION BRION, J.
PNCC might be alluding to Section 2(c), Rule 7 of the Rules of Court, which provides that a pleading shall specify the relief sought, but may add a general prayer for such further or other reliefs as may be deemed just and equitable. Under this rule, a court can grant the relief warranted by the allegation and the proof even if it is not specifically sought by the injured party;[23] the inclusion of a general prayer may justify the grant of a remedy different from or together with the specific remedy sought,[24] if the facts alleged in the complaint and the evidence introduced so warrant.[25]
	GR No. 166802 2008-07-04	SPS. ALBERTO GUTIERREZ v. SPS. ROGELIO AUSTRIA-MARTINEZ, J.
Plaintiffs further pray for such other reliefs and remedies as the Honorable Court may deem just and equitable in the premises.[53] (Emphasis supplied). While the complaint does not categorically state reconveyance as the specific relief desired, it does contain a general prayer "for such other reliefs and remedies as the Honorable Court may deem just and equitable in the premises." In BPI Family Bank v. Buenaventura,[54] this Court ruled that the general prayer is broad enough "to justify extension of a remedy different from or together with the specific remedy sought."[55] Even without the prayer for a specific remedy, proper relief may be granted by the court if the facts alleged in the complaint and the evidence introduced so warrant.[56] The court shall grant relief warranted by the allegations and the proof even if no such relief is prayed for.[57] The prayer in the complaint for other reliefs equitable and just in the premises justifies the grant of a relief not otherwise specifically prayed for.
	GR No. 169482 2008-01-29	IN MATTER OF PETITION OF HABEAS CORPUS OF EUFEMIA E. RODRIGUEZ v. LUISA R. VILLANUEVA and TERESITA R. PABELLO CORONA, J.
While habeas corpus is a writ of right, it will not issue as a matter of course or as a mere perfunctory operation on the filing of the petition.[17] Judicial discretion is called for in its issuance and it must be clear to the judge to whom the petition is presented that, prima facie, the petitioner is entitled to the writ.[18] It is only if the court is satisfied that a person is being unlawfully restrained of his liberty will the petition for habeas corpus be granted.[19] If the respondents are not detaining or restraining the applicant or the person in whose behalf the petition is filed, the petition should be dismissed.[20]
	GR No. 172651 2007-10-02	UNITED OVERSEAS BANK OF PHILIPPINES v. ROSEMOOR MINING CHICO-NAZARIO, J.
In a cantena of cases,[45] this Court ruled that the general prayer is broad enough "to justify extension of a remedy different from or together with the specific remedy sought." Even without the prayer for a specific remedy, proper relief may be granted by the court if the facts alleged in the complaint and the evidence introduced so warrant.[46] The prayer in the complaint for other reliefs equitable and just in the premises justifies the grant of a relief not otherwise specifically prayed for.
	GR NO. 167379 2006-06-27	PRIMELINK PROPERTIES v. MA. CLARITA T. LAZATIN-MAGAT CALLEJO, SR., J.
On the first issue, we agree with petitioners that respondents did not specifically pray in their complaint below that possession of the improvements on the parcels of land which they contributed to the JVA be transferred to them. Respondents made a specific prayer in their complaint that, upon the rescission of the JVA, they be placed in possession of the parcels of land subject of the agreement, and for other "reliefs and such other remedies as are just and equitable in the premises." However, the trial court was not precluded from awarding possession of the improvements on the parcels of land to respondents in its decision. Section 2(c), Rule 7 of the Rules of Court provides that a pleading shall specify the relief sought but it may add as general prayer for such further or other relief as may be deemed just and equitable. Even without the prayer for a specific remedy, proper relief may be granted by the court if the facts alleged in the complaint and the evidence introduced so warrant.[50] The court shall grant relief warranted by the allegations and the proof even if no such relief is prayed for.[51] The prayer in the complaint for other reliefs equitable and just in the premises justifies the grant of a relief not otherwise specifically prayed for.[52]