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Portrait of Eduardo Martinez

Eduardo Martinez

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When res judicata does not apply

When res judicata does not apply

Is this principle a hard-and-fast rule? No exception? In the present case, the Supreme Court held that res judicata does not apply if the first judgment is…

Probate and jurisdiction necessary

Probate and jurisdiction necessary

Once a decision or order becomes final and executory, it is removed from the power or jurisdiction of the court that rendered it to further alter or amend it.

Children remain legitimate after nullity

Children remain legitimate after nullity

A declaration of nullity of marriage based on the psychological incapacity of one or both spouses under Article 36 should not affect the status of the children.

When work relationship commences

When work relationship commences

Alltech cannot claim that it validly withdrew its job offer in view of the general rule that an offer, once accepted, cannot be withdrawn.

Right to appeal not waived

Right to appeal not waived

In case of the non-appearance of any of the parties during the hearing or clarificatory conference despite due notice, proceedings shall be conducted ex-parte…

Proof shown for a photocopy

Proof shown for a photocopy

A particular item of evidence may be admissible, but its evidentiary weight depends on judicial evaluation within the guidelines provided by the rules of…

When no bigamy exists

When no bigamy exists

The presumption is always in favor of the validity of marriage. Any doubt should be resolved to sustain such validity

Acquisitive prescription requirements

Acquisitive prescription requirements

The title is called a transfer certificate of title, or more commonly TCT, which comes in a special bone-colored thick sheet of paper. This is evidence of the…

Privileged statements made before Comelec

Privileged statements made before Comelec

A petition to deny due course or to cancel a certificate of nomination of partylist nominees may only be filed with the Office of the Clerk of the Commission…