This case has been cited 2 times or more.
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2015-08-03 |
DEL CASTILLO, J. |
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| The procedural issue of lack of attempts at compromise should be resolved in respondent's favor. True, no suit between members of the same family shall prosper unless it should appear from the verified complaint or petition that earnest efforts toward a compromise have been made. However, the failure of a party to comply with this condition precedent is not a jurisdictional defect. If the opposing party fails to raise such defect in a motion to dismiss, such defect is deemed waived.[31] | |||||
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2007-08-09 |
VELASCO, JR., J. |
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| The proper remedy against an order denying a motion to admit amendments to a pleading is to continue with the trial and interpose the proper testimonial and documentary evidence to prove ultimate facts that are supposed to be included in the amended complaint. It is only in the presence of extraordinary circumstances evincing a patent disregard of justice and fair play where resort to a petition for certiorari is proper.[53] | |||||