This case has been cited 4 times or more.
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2015-08-05 |
PERALTA, J. |
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| Neither can they be considered as innocent purchasers for value and builders in good faith. Good faith consists in the belief of the builder that the land the latter is building on is one's own without knowledge of any defect or flaw in one's title.[52] However, in view of the manifest defects in the instruments conveying their titles, petitioners should have been placed on guard. Yet, they still demolished several cottages and constructed improvement on the properties. Thus, their claim of good faith cannot be given credence. | |||||
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2010-03-15 |
PEREZ, J. |
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| However, estoppel sets in when a party participates in all stages of a case before challenging the jurisdiction of the lower court. One cannot belatedly reject or repudiate its decision after voluntarily submitting to its jurisdiction, just to secure affirmative relief against one's opponent or after failing to obtain such relief. The Court has, time and again, frowned upon the undesirable practice of a party submitting a case for decision and then accepting the judgment, only if favorable, and attacking it for lack of jurisdiction when adverse.[21] | |||||
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2008-07-30 |
AUSTRIA-MARTINEZ, J. |
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| In Cua v. Vargas,[35] in which the issue was whether heirs were deemed constructively notified of and bound by an extra-judicial settlement and partition of the estate, regardless of their failure to participate therein, when the extra-judicial settlement and partition has been duly published, we held:The procedure outlined in Section 1 of Rule 74 is an ex parte proceeding. The rule plainly states, however, that persons who do not participate or had no notice of an extrajudicial settlement will not be bound thereby. It contemplates a notice that has been sent out or issued before any deed of settlement and/or partition is agreed upon (i.e., a notice calling all interested parties to participate in the said deed of extrajudicial settlement and partition), and not after such an agreement has already been executed as what happened in the instant case with the publication of the first deed of extrajudicial settlement among heirs. | |||||
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2008-03-14 |
CHICO-NAZARIO, J. |
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| Having been established as a real party in interest, respondent Espina has not only the personality to file the complaint in Civil Case No. 4178-L, but also the authority to sign the certification against forum shopping as a plaintiff therein. We held in Mendigorin v. Cabantog,[8] Escorpizo v. University of Baguio[9] and Condo Suite Club Travel, Inc. v. National Labor Relations Commission[10] that the certification against forum shopping must be signed by the plaintiff or any of the principal parties and not by counsel.[11] We have also held in Cua v. Vargas,[12] that:The general rule is that the certificate of non-forum shopping must be signed by all the plaintiffs or petitioners in a case and the signature of only one of them is insufficient. Nevertheless, the rules on forum shopping, which were designed to promote and facilitate the orderly administration of justice, should not be interpreted with such absolute literalness as to subvert their own ultimate and legitimate objective. Strict compliance with the provisions regarding the certificate of non-forum shopping merely underscores its mandatory nature in that the certification cannot be altogether dispensed with or its requirements completely disregarded. Under justifiable circumstances, the Court has relaxed the rule requiring the submission of such certification considering that although it is obligatory, it is not jurisdictional. | |||||