Metrobank v. Ley Construction & Devt. Corp  G.R. No. 185590, DECEMBER 3, 2014 FACTS: FACTS: Metropolitan Bank and Trust Company (the Bank) filed a complaint against Ley Construction and Development Corporation (LCDC) and the spouses Manuel and Janet Ley (the spouses Ley) for the recovery of a sum of money and damages. The Bank alleged that LCDC, through the oral representations of the spouses Ley, applied for the opening of a Letter of Credit with the Bank for the importation of Iraqi cement. The Bank issued the Letter of Credit in favor of the supplier-beneficiary Global Enterprises Limited. However, the cement never arrived in the Philippines, and LCDC failed to pay its obligation under the Letter of Credit. The Bank claimed that the spouses Ley, as sureties, were also liable for LCDC's obligations. During the trial, the Bank presented Fenelito Cabrera, the Head of the Foreign Department of the Bank's Dasmariñas Branch, as its only witness. The trial court found that Cabr...

Philtranco Service Enterprises, Inc. v. Paras  G.R. No. 161909, April 25, 2012 FACTS: The case involves a breach of contract of carriage by Philtranco Service Enterprises, Inc. (Philtranco) which resulted in a collision with another bus owned by Inland Trailways, Inc. (Inland). The collision caused serious physical injuries to the plaintiff, Felix Paras, who was a passenger on Inland's bus, as well as material damage to Inland's bus. Paras filed a complaint for damages against Inland, alleging breach of contract of carriage. Inland filed a third-party complaint against Philtranco and its driver, Apolinar Miralles, seeking exoneration of its liabilities and asserting that Philtranco and Miralles were responsible for the accident due to their negligence. Whether impleading Philtranco and its driver through the third-party complaint filed on March 2, 1990 was correct. RULING: Yes. The requisites for a third-party action are, firstly, that the party to be impleaded must not ye...

JUANA COMPLEX HOMEOWNERS ASSOCIATION INC. VS FIL-ESTATE LAND   G.R. No. 152272, March 5, 2012   FACTS:  Juana Complex and other neighboring subdivisions instituted a complaint for damages who were deprived of the use of La Paz Road. The complaint alleged were made to represent regular commuters and motorists who constantly travelled towards the direction of Manila and Calamba. Fil-estate excavated, broke and deliberately ruined La Paz Road that led to SLEX so JCHA, et al. would not be able to pass through the said road; that La Paz Road was restored by the residents to make it passable but Fil-estate excavated the road again; that JCHA reported the matter to the Municipal Government and the Office of the Municipal Engineer but the latter failed to repair the road to make it passable and safe to motorists and pedestrians; that the act of Fil-estate in excavating La Paz Road caused damage, prejudice, inconvenience, annoyance, and loss of precious hours to them, to t...

Pepsi Co., Inc. v. Emerald Pizza, Inc., G.R. No. 153059, Aug. 14, 2007 FACTS: Petitioner PepsiCo, Inc. (PepsiCo) is a foreign corporation organized and existing under the laws of North Carolina, U.S.A. and licensed to do business in the Philippines. Its operating unit, PepsiCo Restaurants International, oversees the company's restaurants outside the United States and Canada. On March 12, 1981, respondent Emerald Pizza, Inc. (Emerald), a domestic corporation, entered into a 20-year Franchise Agreement[5] with one of PepsiCo's restaurant businesses, the Pizza Hut, Inc. (Pizza Hut), a Delaware (U.S.A.) corporation. Emerald also entered into a Marketing Services Agreement with PepsiCo, which was implemented in March 1982 due to an alleged breach by the franchisor of the franchise agreement, Emerald instituted a civil action against PepsiCo. However, the parties amicably settled their differences and executed a compromise agreement to this effect on January 13,1989 in implementin...

Guy v. Guy,  G.R. No. 189486, Sept. 5, 2012 FACTS: The present controversy arose, when in 2008, three years after the complaint with the RTC of Manila was withdrawn, Gilbert again filed a complaint, this time, with the RTC of Mandaluyong, captioned as "Intra-Corporate Controversy: For the Declaration of Nullity of Fraudulent Transfers of Shares of Stock Certificates, Fabricated Stock Certificates, Falsified General Information Sheets, Minutes of Meetings, and Damages with Application for the Issuance of a Writ of Preliminary and Mandatory Injunction," docketed as SEC-MC08-112, against his mother, Simny, his sisters, Geraldine, Gladys, and the heirs of his late sister Grace. Gilbert alleged that he never signed any document which would justify and support the transfer of his shares to his siblings and that he has in no way, disposed, alienated, encumbered, assigned or sold any or part of his shares in GoodGold. He also denied the existence of the certificates of stocks. Acc...

Ang v. Pacunio,  G.R. No. 208928, July 8, 2015 FACTS: Respondents filed a complaint for the declaration of nullity of sale and reconveyance against petitioner Ang before the RTC involving a land originally registered under Felicisima Udiaan’s name alleging that: (1) they are the grandchildren and successor-in-interest of Udiaan who died in 1972; and (2) in 1993, an impostor falsely represented herself as Udiaan and sold the subject lang to Ang. In a Summary Judgment in 2006,  the RTC dismissed the case ruling that respondents are not real parties in interest to institute the action for failure to prove their successional rights to Udiaan’s estate. On appeal the CA affirmed with modification the RTC ruling in that: (a) it nullified the Questioned Deed of Absolute Sale; (b) declared valid the deed of absolute sale between petitioner and the Heirs of Gaccion over a 3,502-sq. m. portion of the subject land; and (c) distributed portions of the subject land to the Heirs of Gaccio...

Samson vs Gabor (2014) G.R. No. 182970, July 23, 2014 FACTS: Spouses Gabor is the owner of the subject parcel of land located in Tanay. Spouses. Gabor executed a Deed of Assignment in favor of Samson as attorney's fees. Samson in turn, executed a Deed of Assignment in favor of Ramos, transfering the undivided portion of the parcel of land. Upon learning of the same, Spouses Gabor filed an action for legal redemption. Samson and Ramos thereafter rescinded their agreement. The trial court dismissed the action for legal redemption which resversed by the CA and became final. Later, Samson filed an action for partition of real property which was denied on the ground of res judicata. Samson, filed annother action for recovery of property or its value before RTC of Pasig. The RTC of Pasig dismissed the same for improper venue. Samsom argued that the action is real or personal in alternative, hence may be filed before RTC of Pasig or RTC of Tanay. Whether or not the action of Samson si ...

Montero v. Montero,  G.R. No. 217755, Sep. 18, 2019 FACTS Elmer Montero filed a complaint before the Regional Trial Court (RTC) seeking the nullity of certain documents and the reconveyance of a parcel of land. Elmer claimed to be a surviving heir of the previous owner of the land, Dominga Taeza. Elmer alleged that the land was transferred to respondent Santiago Montero, Jr. based on a fraudulent Affidavit of Adjudication. Elmer also claimed that respondent Santiago and his son, respondent Charlie Montero, threatened and unlawfully occupied a portion of the land. Respondents Santiago and Charlie filed a Motion to Dismiss, arguing that the RTC had no jurisdiction over the case . They claimed that the assessed value of the property was below the threshold for the RTC's jurisdiction and that Elmer's action to annul the title constituted a collateral attack on the Torrens title. The RTC denied the Motion to Dismiss, stating that the cause of action was a direct attack on the t...

San Pedro v. Ong, et al.,  G.R. No. 177598, Oct. 17, 2008 FACTS: San Pedro purchased from spouses Narciso two parcels of land of 35000 pesos as confirmed by Deeds of Sale. San Pedro recruited Adora Dela Peña who is known to be familiar with the intricacies of real property transfers. San Pedro was surprised that the properties were still registered in the Narciso spouses and were mortgaged to Willy Ong as stated by Bulacan ROD. The Narciso's executed Special Powers of Attorney authorizing Dela Peña to mortgage the properties to Ong. The SPAs were procured by Dela Peña from the Narciso's. San Pedro discovered that it was Ong's agent who caused the registration of the mortgages. San Pedro filed at RTC a Petition for Nullification of Mortgage with Damages against respondents. While other respondents separately filed their Answers in accordance with the summons, Dela Peña failed to comply. The Narciso's confessed to selling the properties to San Pedro, and denied autho...

Mr. Holdings, Inc., v. De Jesus, et al.,  G.R. No. 217837, Sep. 4, 2019 FACTS: Onephil Mineral Resources, Inc. filed an Exploration Permit Application covering a land area in the Municipalities of Sta. Cruz and Boac, Province of Marinduque. The application was forwarded to the Mines and Geo-Sciences Bureau (MGB) for evaluation. The MGB found that the application overlapped with several other mining applications or claims. The MGB requested recommendations from other government agencies and informed Onephil of the conflicts. Onephil submitted an amended application, but it still conflicted with other mining applications and claims. Marcopper Mining Corporation, the operator of the San Antonio Copper Project (SACP), also had a pending application for a Mineral Production Sharing Agreement (MPSA) in the same area. Marcopper notified the MGB of the conflict between its MPSA application and Onephil's application. Onephil submitted another amended application that showed no conflict...

Caravan Travel and Tours v. Abejar, G.R. No. 170631, Feb. 10, 2016 FACTS: Jesmariane Reyes was walking along the west-bound lane of Sampaguita St., United Paranaque subdivision, Paranaque City. A Mitsubishi L-300 van was travelling along the east-bound lane opposite Reyes. To avoid an incoming vehicle, the van swerved left and hit Reyes. Alex Espinosa, a witness, went to her aid and loaded her in the back of the van. Espinosa told the driver of the van, Jimmy Bautista, to bring Reyes to the hospital. Instead, Bautista left the van parked inside a nearby subdivision with Reyes still in the van. Thereafter, an unidentified civilian came to help and drove Reyes to the hospital. The registered owner of the van was Caravan, which is a corporation engaged in the business of organizing travel and tours. Bautista was Caravan’s employee assigned to drive the van as a service driver. Caravan shouldered the hospitalization expenses of Reyes, but Reyes died 2 days after the accident. Respon...

SANSIO PHILIPPINES, INC., VS. SPOUSES ALICIA AND LEODEGARIO MOGOL, JR., G.R. NO. 177007, 2009   TOPIC/DOCTRINE Section 5 does not require that the service of summons on the defendant in person must be effected only at the latter’s residence as stated in the summons. In other words, personal service of summons may be made in any place where the defendant may be found.   FACTS Sansio filed a complaint for collection of sums of money and damages and criminal case for violation of BP 22 against the Sps. Mogol in the MeTC of Manila for  failure to fully pay several aircons and electric fans. During one of the hearings of the BP 22 case, the process server tried to effect personal service of summons as to the collection of sums of money case to the Sps. Mogol since they were already in the MeTC. Sps. counsel gave the summons back saying that service was not affected s...