[JOV: present ung items 1 to 3, pero absent ung item 4]. While requisites one to three may be present, it is obvious that the there is no identity of subject matter, parties and causes of action between the criminal case prosecuted under the Anti-Squatting Law and the civil action for the recovery of the subject property . First, there is no identity of parties. The criminal complaint, although initiated by the Spouses Supapo, was prosecuted in the name of the people of the Philippines. The accion publiciana, on
MAPC VITO NOTES in REMEDIAL LAW 2/AY 2017-2018 Page 78 From the Discussions of Atty. Brondial the other hand, was filed by and in the name of the Spouses Supapo. Second, there is no identity of subject matter. The criminal case involves the prosecution of a crime under the Anti-Squatting Law while the accion publiciana is an action to recover possession of the subject property. And third, there is no identity of causes of action. The people of the Philippines filed the criminal case to protect and preserve governmental interests by prosecuting persons who violated the statute. The Spouses Supapo filed the accion publiciana to protect their proprietary interests over the subject property and recover its possession. Wala ring conclusiveness of judgment - The concept of "conclusiveness of judgment" does not require that there is identity of causes of action provided that there is identity of issue and identity of parties . There is no identity of parties and there is no identity of issues (Criminal case: W/N the respondents committed the crime VS. Civil case: W/N the Spouses Supapo have a better right of possession than the respondents).
MAPC VITO NOTES in REMEDIAL LAW 2/AY 2017-2018 Page 79 From the Discussions of Atty. Brondial Rule 71 Contempt All forms of contempt – criminal in nature since if imposes penalty of at least 1 day Direct Contempt Indirect Contempt Misbehavior/disrespect to the court – meaning actually done in the court or so near the court (pag malayo you cannot be cited direct contempt) Rescue or attempt to rescue property or person in custody of the court - Remedy: Certiorari(subject to posting of the bond) Remedy: Appeal Yasay v. Recto Yasay was scolded by the SC when he cited certain lawyers in contempt of his court for disobeying order without knowing that his basis is already reversed by CA. Yasay said that the lawyer is suspended for practicing in SEC for six months. SC said that only the SC can suspend the practice of law. Judge Espanyol v. Atty. Formoso Doctrine: Judge cannot take judicial notice of the decisions and orders of the other courts. Atty. Formoso when presenting documents, Judge Espanyol said the documents being presented are spurious since that same document has been presented and pronounced spurious in other case. Due to argument of Atty. Formoso, the judge order the sheriff to Atty. Formoso be detained prompting the the latter to file administrative case against Judge Espanyol. SC ruled in favour of Atty. Formoso Judge was reprimanded.
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- Winter '17
- Atty. Lopez
- Pleading, Injunction