Unpaid Debt: Venue to File Case

A, a resident of San Pedro, Laguna, borrowed money from B, a resident of Binan, Laguna. In case A fails to pay, where should B commence the action? Explain Answer: B may commence the action against A either in the proper courts of San Pedro, Laguna or Binan. This is so because the venue of… Continue reading Unpaid Debt: Venue to File Case

Rule on Venue of Actions in RTC and MTC

State the uniform rule on venue of actions in the Regional Trial Court (RTC Philippines) and the Municipal Trial Court (MTC Philippines). Answer: All other actions may be commenced and tried where the plaintiff or any of the principal plaintiffs resides, or where the defendant or any of the principal defendants resides, or in the… Continue reading Rule on Venue of Actions in RTC and MTC

Legal Dictionary: Real Party-in-Interest

What is real party-in-interest? Answer: A real party-in-interest is the party who would be benefited or injured by the judgment or the party entitled to the avails of the suit. (Salonga vs Warner Barnes and Co., Ltd., 88 Phil. 125; UP Board of Regents vs Ligot-Telan, 45 SCAD 429, G.R. No. 110280, October 21, 1993).… Continue reading Legal Dictionary: Real Party-in-Interest

Legal Definition of Defendant

What does the term defendant refer to? Answer: The term defendant may refer to the original defending party, the defendant in a counter-claim, the cross-defendant or the third (fourth, etc.) party defendant. (Section 1, Rule 3 of Rules of Court Philippines)

Meaning of Legal Term Plaintiff

What does the term plaintiff refer to? The term plaintiff may refer to the claiming party, the counter-claimant, the cross-claimant or the third (fourth, etc.) party plaintiff. (Section 1, Rule 3 of Rules of Court Philippines)

Period to Resolve Motion for New Trial

Within what period shall the Court of Appeals resolve the motion for new for new trial? Answer: It shall resolve a motion for new trial within 90 days from the date when the court declares it submitted for resolution. (Section 3, Rule 53, Rules of Court)

Newly Discovered Evidence in New Trial

Does it mean that when a motion for new trial on the ground of newly discovered evidence is filed, the Court of Appeals will conduct a trial like what is being done in the trial courts? Answer: Yes. In fact, the Rules of Court provide that the procedure in the new trial shall be the… Continue reading Newly Discovered Evidence in New Trial

Court of Appeals’ Action When New Trial is Filed

What actions may the Court of Appeals do when a motion for new trial is filed? The Court of Appeals shall consider the new evidence together with that adduced at the trial below, and may grant or refuse a new trial, or may make such order, with notice to both parties, as to the taking… Continue reading Court of Appeals’ Action When New Trial is Filed

New Trial for Newly Discovered Evidence

Under what conditions may a motion for new trial on the ground of newly discovered evidence be filed and sustained? Answer: The newly discovered evidence 1) Must not have been discovered prior to the trial in the lower court by the exercise of due diligence; 2) Must be of such character as would probably change… Continue reading New Trial for Newly Discovered Evidence

Ground a Party May File a Motion for New Trial

On what ground may a party file a motion for new trial? Answer: It may be on the ground of newly discovered evidence which could not have been discovered prior to the trial in the lower court by the exercise of due diligence and which is of such character as would probably change the result.… Continue reading Ground a Party May File a Motion for New Trial

Time a Party May File a Motion For New Trial

Within what time may a party file a motion for new trial? A party may file a motion for new trial at any time after the appeal from the lower court has been perfected and before the Court of Appeals loses jurisdiction over the case. (Rule 53, Rules of Court, Section 1)

Evidence of Guilt is Strong, What Penalty?

For government officials and employees in the Philippines. When the evidence of guilt is strong, what penalty can be imposed? Answer: Preventive suspension may be imposed under Section 63 of the Local Government Code (LGC).