This case has been cited 3 times or more.
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2012-08-15 |
BRION, J. |
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| In any case involving the question of jurisdiction, the Court is guided by the settled doctrine that the jurisdiction of a court is determined by the nature of the action pleaded by the litigant through the allegations in his complaint.[15] | |||||
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2010-08-25 |
BRION, J. |
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| Based on this provision, a lessor may judicially eject (and thereby likewise rescind the contract of lease) the lessee if the latter violates any of the conditions agreed upon in the lease contract. Implemented in accordance with Section 2, Rule 70, the lessor is not required to first bring an action for rescission, but may ask the court to do so and simultaneously seek the ejecment of the lessee in a single action for unlawful detainer.[13] Section 2, Rule 70 of the Rules of Court provides: Sec. 2. Lessor to proceed against lessee only after demand. | |||||
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2010-04-07 |
PERALTA, J. |
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| In Abaya Investments Corporation v. Merit Philippines,[18] where the complaint before the Metropolitan Trial Court of Manila was instituted by petitioner's Chairman and President, Ofelia Abaya, who signed the verification and certification against non-forum shopping without proof of authority to sign for the corporation, we also relaxed the rule. We did so taking into consideration the merits of the case and to avoid a re-litigation of the issues and further delay the administration of justice, since the case had already been decided by the lower courts on the merits. Moreover, Abaya's authority to sign the certification was ratified by the Board. | |||||