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Atty. Robert Divinagracia

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Tag: CIVIL LAW

No certificate against forum shopping is required in a petition or motion for issuance of a writ of possession.

Posted on June 11, 2020

Gloria was the winning bidder in a public auction conducted by the City of Makati of a lot covered by TCT No. 164900, owned by the De Guzman family.  Because the lot…

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What distinguishes a judgment on the pleadings from a summary judgment is the presence of issues in the Answer to the Complaint.

Posted on June 10, 2020

A “genuine issue” means an issue of fact which calls for the presentation of evidence, as distinguished from an issue which is fictitious or contrived, an issue that does not constitute a…

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A party who judicially admits a fact cannot later challenge the fact as judicial admissions are a waiver of proof; production of evidence is dispensed with. A judicial admission also removes an admitted fact from the field of controversy.

Posted on June 9, 2020

A judicial admission is an admission, verbal or written, made by a party in the course of the proceedings in the same case, which dispenses with the need for proof with respect…

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  • Podcast Episode: Criminal Law Decisions February 2026 Part 1.
  • Unsigned SC Resolution does not lay down a doctrine or principle of law…
  • Double Jeopardy:  In complex crimes, double jeopardy attaches when the first offense is a necessary means of committing the crime.
  • Gudelines that must be considered in cases concerning inordinate delay and the right to speedy disposition of cases:
  • Malversation: Direct Proof of Personal Conversion Is Not Indispensable…
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ADMINISTRATIVE LAW APPEAL ART. 36 FAMILY CODE BILL OF RIGHTS BP 22 CERTIORARI CIRCUMSTANTIAL EVIDENCE CIVIL LAW CRIMINAL LAW CRIMINAL PROCEDURE CYBERCRIME DAMAGES DOCUMENTARY EVIDENCE ELEMENTS OF THE CRIME ESTAFA EVIDENCE FAMILY CODE JURISDICTION LAW ON PUBLIC OFFICERS LIBEL MARRIAGE PENALTY POLITICAL LAW PRELIMINARY INVESTIGATION PRESCRIPTION PROBABLE CAUSE PROTECTION ORDERS PSYCHOLOGICAL INCAPACITY PSYCHOLOGICAL VIOLENCE QUALIFIED RAPE QUALIFIED THEFT RA 9165 RA 9208 RA 9262 RA 10175 RA 10591 RAPE RECKLESS IMPRUDENCE RECOGNITION OF FOREIGN DIVORCE JUDGMENT REMEDIAL LAW RULE 108 SERVICE OF SUMMONS SPECIAL PENAL LAWS STATUTORY RAPE VENUE

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