Beruflich Dokumente
Kultur Dokumente
Quinagoran vs. CA
The rule that accion publiciana lies with the RTC no longer holds true. As things
now stand, a distinction must be made between those properties the assessed
value of which is below P20,000.00, if outside Metro Manila; and P50,000.00, if
within; where the assessed value is greater than the amounts mentioned, the
RTC has jurisdiction.
A complaint must allege the assessed value of the real property subject of the
complaint or the interest thereon to determine which court has jurisdiction over
the action.
Briones vs. CA
When there is a stipulation on venue in a contract whose validity is being directly
assailed, compliance therewith would mean an implicit recognition of its validity.
Dabuco vs. CA
Failure to state a cause of action refers to the insufficiency of allegation in the
pleading, while lack of cause of action to the insufficiency of factual basis for the
action. Failure to state a cause may be raised in a Motion to Dismiss under Rule
16, while lack of cause may be raised any time. Dismissal for failure to state a
cause can be made at the earliest stages of an action. Dismissal for lack of
cause is usually made after questions of fact have been resolved on the basis of
stipulations, admissions or evidence presented.
Newsweek vs. IAC
Where the defamation is alleged to have been directed at a group or class, it is
essential that the statement must be so sweeping or all-embracing as to apply to
every individual in that group or class, or sufficiently specific so that each
individual in the class or group can prove that the defamatory statement
specifically pointed to him, so that he can bring the action separately, if need be.
The case at bar is not a class suit. Each of the plaintiffs has a separate and
distinct reputation in the community. They do not have a common or general
interest in the subject matter of the controversy.