This case has been cited 3 times or more.
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2013-06-26 |
DEL CASTILLO, J. |
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| A real party defendant is "one who has a correlative legal obligation to redress a wrong done to the plaintiff by reason of the defendant's act or omission which had violated the legal right of the former."[57] | |||||
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2011-11-28 |
REYES, J. |
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| An action for reconveyance and annulment of title with damages is a civil action, whereas matters relating to settlement of the estate of a deceased person such as advancement of property made by the decedent, partake of the nature of a special proceeding, which concomitantly requires the application of specific rules as provided for in the Rules of Court.[32] A special proceeding is a remedy by which a party seeks to establish a status, a right, or a particular fact.[33] It is distinguished from an ordinary civil action where a party sues another for the enforcement or protection of a right, or the prevention or redress of a wrong.[34] To initiate a special proceeding, a petition and not a complaint should be filed. | |||||
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2010-08-11 |
NACHURA, J. |
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| Finally, we cannot subscribe to petitioners' contention that the status of the heirs of Donata Lardizabal who sold the property to the respondents must first be established in a special proceeding. The pronouncements in Heirs of Yaptinchay v. Hon. Del Rosario[33] and in Reyes v. Enriquez[34] that the petitioners invoke do not find application in the present controversy. | |||||