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PHILIPPINE EXPORT v. PHILIPPINE INFRASTRUCTURES

This case has been cited 3 times or more.

	GR No. 165548 2011-06-13	PHILIPPINE REALTY v. LEY CONSTRUCTION SERENO, J.
In Phil. Export and Foreign Loan Guarantee Corp. v. Phil. Infrastructures, et al., [72] this Court held: It is settled that even if the complaint be defective, but the parties go to trial thereon, and the plaintiff, without objection, introduces sufficient evidence to constitute the particular cause of action which it intended to allege in the original complaint, and the defendant voluntarily produces witnesses to meet the cause of action thus established, an issue is joined as fully and as effectively as if it had been previously joined by the most perfect pleadings. Likewise, when issues not raised by the pleadings are tried by express or implied consent of the parties, they shall be treated in all respects as if they had been raised in the pleadings.
	GR No. 179328 2009-12-23	RIZALINA P. POSITOS v. JACOB M. CHUA CARPIO MORALES, J.
Section 1, Rule 41 of the Rules of Court provides that the remedy of appeal is not available from an order dismissing an action without prejudice.[8]
	GR NO. 148026 2006-07-27	STRONGWORLD CONSTRUCTION CORPORATION v. N.C. PERELLO IN HER CAPACITY AS PRESIDING JUDGE OF BRANCH 276 OF RTC OF MUNTINLUPA CITY CHICO-NAZARIO, J.
Jurisprudence has similarly underscored that with the advent of the 1997 Revised Rules of Civil Procedure, an order of dismissal without prejudice is no longer appealable, as expressly provided by Section 1(h), Rule 41 thereof. In Philippine Export and Foreign Loan Guarantee Corporation v. Philippine Infrastructures, Inc.,[36] this Court had the opportunity to resolve whether an order dismissing a petition without prejudice should be appealed by way of ordinary appeal, petition for review on certiorari or a petition for certiorari. The Court said that, indeed, prior to the 1997 Revised Rules of Civil Procedure, an order dismissing an action may be appealed by ordinary appeal.[37] Verily, Section 1, Rule 41 of the 1997 Revised Rules of Civil Procedure recites the instances when appeal may not be taken, specifically, in case of an order dismissing an action without prejudice, in which case, the remedy available to the aggrieved party is Rule 65.