FACTS

The Ford truck of petitioner Roberto Tan Ting driven by Abelardo Bautista, the other petitioner, and the Volkswagen delivery panel truck owned by respondent Federico O. Borromeo, Inc. (hereinafter called Borromeo) were involved in a traffic accident which was caused by the negligence of petitioners. Quintin Delgado, a helper in Borromeo’s delivery panel truck, sustained injuries which resulted in his instantaneous death. Borromeo had to pay Delgado’s widow the sum of P4,444 representing the compensation (death benefit) and funeral expenses due Delgado under the Workmen’s Compensation Act. Borromeo, filed a suit to recover the compensation and funeral expenses it paid to the widow of Quintin. However, during the trial neither of the petitioners and counsel appeared contended that they had substantial defense since there was no contractual relationship between the parties, whether express or implied.

FACTS:

P. J. O’Brien instituted an action to in the Court of First Instance of the city of Manila to recover of Leung Ben the sum of P15,000, alleged to have been lost by the plaintiff to the defendant in a series of gambling, banking, and percentage games. against the property of the defendant, on the ground that the latter was about to depart from the Philippine Islands with intent to defraud his creditors. The plaintiff  asked for an attachment against the property of the defendant, on the ground that the latter was about to depart from the Philippine Islands with intent to defraud his creditors. The attachment was issued. The petitioner, Leung Ben, moved the court to quash the attachment for the reason that attachment was issued requires that there should be a “cause of action arising upon contract, express or implied.” The contention of the petitioner is that the statutory action to recover money lost at gaming is not such an action as is contemplated in this provision, and he insists that the original complaint shows on its face that the remedy of attachment is not available in aid thereof; that the Court of First Instance acted in excess of its jurisdiction in granting the writ of attachment; that the petitioner has no plain, speedy, and adequate remedy by appeal or otherwise; and that consequently the writ of certiorari supplies the appropriate remedy for this relief.

No. L-11139. April 23, 1958
Concepcion, J., Ponente

FACTS

In 1949, Santos Evangelista, instituted Civil Case for a sum of money in CFI – Manila. He obtained a writ of attachment, which was levied upon a house, built by Rivera on a land situated in Manila and leased to him, and filed a copy with the Office of the Register of Deeds of Manila. The  judgment was rendered in favor of Evangelista, who bought the house at public auction in 1951. The deed of sale was issued to him in October 1952, after expiration of redemption period. 

G.R. No. 194488. February 11, 2015.
Leonen, J., Ponente

FACTS

Petitioner Alicia B. Reyes, filed a complaint with RTC – Malolos for easement of right of way against respondents, Spouses Francisco S. Valentin and Anatalia Ramos. She alleged that respondents’ 1,500-square-meter property surrounded her property, and that it was the only adequate outlet from her property to the highway. She also insisted that her property was not isolated because of her own acts but because her uncle, Dominador, who was her mother’s caretaker of property allegedly with fraud caused the titling of the whole 1,500-square-meter property instead of just the 500-square-meter portion under his name.