CASIANO V. CA WILLS AND SUCCESSION FULL TEXT REVOCATION
Leonor v. CAFull description
Digest for Magsaysay v. AganFull description
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Asset Privatization Trust v. CA, Hon. Jesus Guerrero, RTC Makati Judge, Sta. Ines Melale Forest Products Cororation, Rodol!o Cuenca, and Manuel Tinio " GR #o. $%&'(, Fe)ruar* +, '&&& Facts 1979: Galleon Shipping Corp. obtained several foreign loan guarantee accommodations form DBP DBP !"7.#$$% for
the ac&uisition of ' ne( vessels and to finance #)* of # second+hand vessels. ,o secure pa-ment Galleon mortgaged vessels to DBP oint and solidar- (ith S/% Cuenca and ,inio. Galleon failed to pa- so DBP foreclosed the mortgage but the proceeds of the auction after 0 foreclosure -ielded deficienc-: P#7))92)31#.2). /n anticipation of DBP4s claim for the deficienc- S/% Cuenca ,inio lodged complaint against DBP 5ational Development Corp. and Galleon before 6,C %aati for issuance of ,68. lleged: lleged: nder ;8/ 11'' dtd ul- 1 19"1 %arcos directed 5DC to tae over Galleon. So Galleon entered into %8 (ith 5DC for 5DC to ac&uire 1))* of Galleon e&uit-.
DBP ns(er: ns(er: ;iabilit- not e=tinguished because ;8/ 11'' not implemented> /t (as revoed b- ;8/ 119' 119' dtd ?ebruar- 19 19"#. Galleon4s o(nership not transferred to 5DC. Counterclaim: deficienc- of P#7))92)31#.2). 6,C: issued
C: 5ov 19"7 denied %6 for ;o% Issue
complaint involving basicall- the same parties as those in the original complaint but (ith a cause of action arising from a transaction distinct from that sued upon in the original complaint E in other (ords.
1. t the time the supplemental complaint (as filed: 6ule 1) Sec. 2. Matters subject of supplemental pleadings. pon motion of a part- the court ma- upon reasonable notice and upon such terms as are ust permit him to serve a supplemental pleading setting forth transactions occurrences or events (hich have happened since the date of the
pleading sought to be supplemented. /f the court deems it advisable that the adverse part- should plead thereto it shall so order specif-ing the time therefor. Supplemental pleading is meant to suppl- deficiencies in aid of the orig pleading and not to dispense (ith or substitute the latter. /t is not lie an amended pleading (hich is a substitute for the orig one. /t does not supersede the orig but assumes the original pleading is to stand. ,he issues oined under the orig pleading remain as issues to be tried in the action. 8riginal complaint: private respondents sought to prevent b- their pra-er for an inunction (as the DBP4s intention to go after private respondents for the deficienc- of P#7))92)31#.2) from the foreclosure of the mortgages of 7 vessels. Supplemental complaint: Co (as DBP4s initial act of posing securit- guards in S/%4s gusan del 5orte plant preparatorto the foreclosure of the mortgage of the same plant allegedl- in contravention of the
possession or for partition or condemnation of or foreclosure of mortgage on real propert- shall be commenced and tried in the province (here the propert- or an- part thereof lies.