THIRD DIVISION [ G.R. No. 214054, August 05, 2015 ] NG MENG TAM, PETITIONER, VS. CHINA BANKING CORPORATION, RESPONDENT. D E C I S I O N VILLARAMA, JR., J.: Before this Court is a direct recourse from the Regional Trial Court (RTC) via petition [1] for review on the question of whether Section 5 [2] of the Judicial Affidavit Rule (JAR) applies to hostile or adverse witnesses. The petition seeks to annul and set aside the May 28, 2014 [3] and August 27, 2014 [4] Orders of the RTC, Branch 139, Makati City in Civil Case No. 08-1028. This case stemmed from a collection suit filed by China Banking Corporation (China Bank) against Ever Electrical Manufacturing Company Inc. (Ever), the heirs of Go Tong, Vicente Go, George Go and petitioner Ng Meng Tam sometime in December 2008. China Bank alleged that it granted Ever a loan amounting to P5,532,331.63. The loan was allegedly backed by two surety agreements executed by Vic...
[ G.R. No. 227457, June 22, 2020 ] HELEN L. SAY, GILDA L. SAY, HENRY L. SAY, AND DANNY L. SAY, PETITIONERS, VS. GABRIEL DIZON, RESPONDENT. FACTS This case stemmed from a complaint for Declaration of Nullity of the Deed of Absolute Sale which dismissal has attained finality. Consequently, petitioners filed an Ex-Parte Motion for Leave of Court to Set Defendants' Counterclaim for Hearing. However, petitioners filed their Judicial Affidavits one day before the scheduled hearing. Thus, respondent opposed the same claiming that the Judicial Affidavits were filed out of time as provided under Section 2 (a)[8] of the JAR, which requires that the same be filed not later than five (5) days before the scheduled hearing. The RTC nonetheless allowed the late submission of the Judicial Affidavits pursuant to the rule that technicalities must give way to substantial ju...
Facts: Ronald Geralino M. Lim (Ronald) filed before the Office of the City Prosecutor a Complaint for grave threats against his brother Edwin M. Lim (Edwin). Acting favorably on the Complaint, the Office of the City Prosecutor filed an Information against Edwin before the Municipal Trial Court in Cities, Branch 5, Iloilo City. On arraignment, Edwin pleaded not guilty to the crime charged. The case was then referred to the Philippine Mediation Center for mediation. But due to the parties' failure to reach a settlement, the case was referred back to the court. On August 12, 2013, the case was set for pre-trial. 1âшphi1 However, because of Ronald's and his counsel's absence, pre-trial was reset to September 5, 2013. After Edwin's counsel had filed a Motion for time to submit a counter-affidavit, pre-trial was again reset to October 17, 2013. On October 17, 2013, the defense counsel moved that the hearing be set at 10:00 a.m. However, because the private pro...
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