Case Digests

  THE DIAL CORPORATION, C & T REFINERY INC., NALIN Sdn. Bhb. BERISFORD COMMODITIES, LTD., and PACIFIC MOLASSES COMPANY, petitioners vs. THE HON. CLEMENTE M. SORIANO, Presiding Judge, Regional Trial Court, Branch 3, MANILA PUBLIC RESPONDENT and IMPERIAL VEGETABLE OIL COMPANY, INC. IMPERIAL VEGETABLE OIL COMPANY, INC., respondent FACTS: The petitioners are foreign corporations organized and existing under the laws of the United States, the United Kingdom, and Malaysia, are not domiciled in the Philippines, nor do they have officers or agents, place of business, or property in the Philippines; they are not licensed to engage, and are not engaged, in business here. The respondent Imperial Vegetable Oil Company, Inc. ("IVO") is a Philippine corporation. Its president Dominador Monteverde, had entered into several contracts for the delivery of coconut oil to the petitioners. Those contracts stipulate that any dispute between the parties will be settled through arbitration u...

  SPOUSES DAVID BERGONIA and LUZVIMINDA CASTILLO ,  petitioners ,  vs . COURT OF APPEALS (4th DIVISION) and AMADO BRAVO, JR. ,  respondents . [G.R. No. 189151. January 25, 2012.] TOPIC:  Procedural rules are mandatory FACTS: The petitioners were the plaintiffs in Civil Case No. Br. 23-749-03 RTC Isabela. On January 21, 2008, the RTC rendered a decision adverse to the petitioners. The petitioners consequently sought a reconsideration of the said decision but the same was denied by the RTC in an Order dated April 25, 2008 which was received on May 6, 2008. On May 7, 2008, the petitioners filed a Notice of Appeal. In January 2009, the Law Firm of Lapeña & Associates filed with the CA its formal entry of appearance as counsel for the petitioners, in view of the withdrawal of the former counsel, Atty. Soriano. The substitution of lawyers was noted in the Resolution dated January 20, 2009. The CA further directed the appellants therein to remit...

  SPOUSES ALGURA v. LOCAL GOVERNMENT OF NAGA SPOUSES ANTONIO F. ALGURA and LORENCITA S.J. ALGURA , petitioners, vs. THE LOCAL GOVERNMENT UNIT OF THE CITY OF NAGA, ATTY. MANUEL TEOXON, ENGR. LEON PALMIANO, NATHAN SERGIO and BENJAMIN NAVARRO, SR . , respondents. [G.R. No. 150135. October 30, 2006.] TOPIC: Indigent/Pauper Litigants FACTS: On September 1, 1999, Spouses Antonio F. Algura and Lorencita S.J. Algura filed a Complaint for damages against the Naga City Government and its officers, arising from the alleged illegal demolition of their residence and boarding house and for payment of lost income derived from fees paid by their boarders amounting to PhP 7,000.00 monthly. Simultaneously, petitioners filed an Ex-Parte Motion to Litigate as Indigent Litigants, to which petitioner Antonio Algura's Pay Slip was appended, showing a gross monthly income of PhP 10,474.00 and a net pay of PhP 3,616.99. Also attached is a Certification issued by the Office of the City Assesso...

  PENTA PACIFIC REALTY CORPORATION, petitioner v. LEY CONSTRUCTION AND DEVELOPMENT CORPORATION, respondent G.R. No. 161589. November 24, 2014.   TOPIC: Jurisdiction over the subject matter of an action is determined from the allegations of the initiatory pleading. FACTS: The petitioner owned the 25th floor of the Pacific Star Building located in Makati City with an area of 1,068.67 square meters. The respondent leased 444.03 square meters of the premises (subject property). The respondent expressed the intention to purchase the entire property. The parties executed a contract to sell, denominated as a reservation agreement. The reservation agreement contained the following cancellation or forfeiture provision: Any failure on [the respondent's] part to pay the full downpayment, or deliver the post-dated checks or pay the monthly amortization on the due date, shall entitle [the petitioner], at its option, to impose a penalty interest at the rate of three percent (3%)...

  EUSEBIO OSORIO,  complainant ,  vs. JUDGE AGUSTIN S. DIZON and Branch Clerk of Court ATTY. REZA M. CASILA-DERAYUNAN, Regional Trial Court (Branch 80), Quezon City ,  respondents .   [A.M. No. RTJ-04-1838. March 18, 2004.] (Formerly AM OCA IPI No. 03-1832-RTJ) FACTS: Complainant Osorio is one of the plaintiffs in Civil Case No. Q-95-24507. RTC-QC rendered its decision against plaintiffs-spouses Danilo and Rosita Amor and Spouses Eusebio and Gloria Osorio.  Atty. Florentino L. Quendangan, filed a notice of appeal.   On September 25, 2002 , Judge Dizon gave due course to the appeal and ordered the transmittal of the entire records to the Court of Appeals for further proceedings.  However, the records were not forwarded to the appellate court. Complainant's co-plaintiff, Danilo Amor, filed with the RTC an Urgent Motion to Discharge Counsel and to Withdraw Notice of Appeal , which was gran...