This case has been cited 3 times or more.
|
2012-12-10 |
PERALTA, J. |
||||
| Reconstitution can validly be made only in case of loss of the original certificate.[35] This rule was later reiterated in the cases of Rexlon Realty Group, Inc. v. Court of Appeals,[36] Eastworld Motor Industries Corporation v. Skunac Corporation,[37] Rodriguez v. Lim,[38] Villanueva v. Viloria[39] and Camitan v. Fidelity Investment Corporation.[40] Thus, with proof and with the admission of petitioners that the owner's duplicate copy of the TCT was actually in the possession of respondent, the RTC Decision was properly annulled for lack of jurisdiction. | |||||
|
2012-02-15 |
BERSAMIN, J. |
||||
| Although the petitioners' former counsel was blameworthy for the track their case had taken, there is no question that any act performed by the counsel within the scope of his general or implied authority is still regarded as an act of the client. In view of this, even the negligence of the former counsel should bind them as his clients.[31] To hold otherwise would result to the untenable situation in which every defeated party, in order to salvage his cause, would simply claim neglect or mistake on the part of his counsel as a ground for reversing the adverse judgment. There would then be no end to litigation, for every shortcoming of the counsel could become the subject of challenge by his client through another counsel who, if he should also be found wanting, would similarly be disowned by the same client through yet another counsel, and so on ad infinitum.[32] This chain of laying blame could render court proceedings indefinite, tentative and subject to reopening at any time by the mere replacement of the counsel.[33] | |||||
|
2011-06-01 |
NACHURA, J. |
||||
| A judicial admission is an admission, verbal or written, made by a party in the course of the proceedings in the same case, which dispenses with the need for proof with respect to the matter or fact admitted. It may be contradicted only by a showing that it was made through palpable mistake or that no such admission was made.[39] | |||||