This case has been cited 3 times or more.
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2014-09-17 |
DEL CASTILLO, J. |
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| We have also noted that no docket fees were paid before the trial court. Section 1, Rule 141 of the Rules of Court mandates that "[u]pon the filing of the pleading or other application which initiates an action or proceeding, the fees prescribed therefor shall be paid in full." "It is hornbook law that courts acquire jurisdiction over a case only upon payment of the prescribed docket fee."[32] | |||||
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2014-03-24 |
REYES, J. |
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| It must be emphasized that the instant cases sprang from Pacific Rehouse Corporation v. EIB Securities, Inc.[45] which was decided by this Court last October 13, 2010. Significantly, Export Bank was not impleaded in said case but was unexpectedly included during the execution stage, in addition to E-Securities, against whom the writ of execution may be enforced in the Order[46] dated July 29, 2011 of the RTC. In including Export Bank, the RTC considered E-Securities as a mere business conduit of Export Bank.[47] Thus, one of the arguments interposed by the latter in its Opposition[48] that it was never impleaded as a defendant was simply set aside. | |||||
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2011-05-30 |
LEONARDO-DE CASTRO, J. |
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| Judgment on the pleadings is, therefore, based exclusively upon the allegations appearing in the pleadings of the parties and the annexes, if any, without consideration of any evidence aliunde.[14] However, when it appears that not all the material allegations of the complaint were admitted in the answer for some of them were either denied or disputed, and the defendant has set up certain special defenses which, if proven, would have the effect of nullifying plaintiff's main cause of action, judgment on the pleadings cannot be rendered.[15] | |||||