What is certiorari?
a writ or order by which a higher court reviews a decision of a lower court.
Article 31 of the Civil Code of the Philippines
Article 31. When the civil action which is based on an obligation not arising from the act or omission complained of as felony, such civil action may proceed independently of the criminal proceedings and regardless of the result of the latter. This article refers to a civil action which is no longer based in the criminal liability of the defendant, but on an obligation arising from other sources, like law, contracts, quasi-contracts and quasi- delicts. Civil action to recover the proceeds of sale of goods covered by a trust receipt. "V iolation of the Trust R eceipt L aw" (P.D No. 115 January 29, 1973) CASE: South City Homes, Inc. vs. BA Finance G.R No. 135462, 07 December 2001 FACTS: On January 17, 1983, Joseph L. G. Chua, President of Fortune Motors Corporation, executed in favor of plaintiff-appellant a Continuing Suretyship Agreement, in which he "jointly and severally unconditi...
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