Tuesday, September 17, 2019

NCIP; Jurisdiction; Ancestral Domain

As held in the main decision, the NCIP shall have jurisdiction over claims and disputes involving rights of ICCs/IPs only when they arise between or among parties belonging to the same ICC/IP group because of the qualifying provision under Section 66 of the IPRA that "no such dispute shall be brought to the NCIP unless the parties have exhausted all remedies provided under their customary laws.

Ref: Galang et al., vs. Wallis  G.R. No. 223434, July 03, 2019

Thursday, September 5, 2019

Revival of Judgment; Jurisdiction

An action for revival of judgment may be filed either "in the same court where said judgment was rendered or in the place where the plaintiff or defendant resides, or in any other place designated by the statutes which treat of the venue of actions in general."

Ref: 
" HEIRS OF NUMERIANO MIRANDA, SR., namely: CIRILA (deceased), CORNELIO, NUMERIANO, JR., ERLINDA, LOLITA, RUFINA, DANILO, ALEJANDRO, FELIMON, TERESITA, ELIZABETH and ANALIZA, all surnamed MIRANDA vs. PABLO R. MIRANDA" G.R. No. 179638 July 8, 2013