Rem Landmark Cases
Rem Landmark Cases
8. Neypes
Fresh period of 15 days to file appeal from denial of MR/MNT. applies to Civil
and Criminal cases as well as cases from Quasi judicial bodies. BUT DOES NOT
APPLY TO ADMIN CASES
31. Sunlife vs Asuncion (relaxation of the rules on docket fees--- no bad faith)
(CivPro)
Where the filing of the initiatory pleading is not accompanied by payment of
the docket fee, the court may allow payment of the fee within a reasonable
time but in no case beyond the applicable prescriptive or reglamentary period.
Same rule goes for permissive counterclaims, third party claims and similar
pleadings. A more liberal interpretation of the rules is called for considering that,
unlike in Manchester, the private respondent demonstrated his willingness to
abide by the rules by paying the additional docket fees as required.
34. Sabitsana v. Muertegui (J. DEL CASTILLO CASE mentioned in tranquil lecture)
(CivPro)
When you talk of quieting of title as purely quieting of title in accordance with
Rule 63, which is other similar remedies, jurisdiction is with the RTC regardless of
the value of the property.
Sps. Reterta v. Sps. Mores (CivPro) – An action for quieting of title is a real action thus jurisdiction is
determined by the assessed value of the real property