Dela Cruz, Jiannah Marie B.

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1. Explain why litigation will be the last resort for settlement?

Court should still be considered as a valid option for your legal matter, but only as a last resort.
For a number of reasons, litigation should be the very last option in civil situations. First of all,
the process might be highly time-consuming. The people concerned might have to put their lives
on wait for years as a settlement is sought. Costly litigation is a risk. It calls for the parties to
prepare for a trial, frequently investing months in doing so.

In the end, you could decide that going to court is your best course of action. However, you
should consider all of your options before making such a choice because doing so could end up
saving you time, money, and stress.
2. What are the examples of cases that needs to be litigated?

G.R. No. 191018

CARLOS BORROMEO, Petitioner, vs.

FAMILY CARE HOSPITAL, INC. and RAMON S. INSO, M.D., Respondents.

Summary:

Carlos Borromeo lost his wife Lillian when she died after undergoing a routine appendectomy.
The hospital and the attending surgeon submit that Lillian bled to death due to a rare, life-
threatening condition that prevented her blood from clotting normally. Carlos believes, however,
that the hospital and the surgeon were simply negligent in the care of his late wife.

(1) Personal injury lawsuits are among the most common types of civil litigation. The plaintiff
seeks compensation for damages incurred as a result of the defendant's actions. The argument
could be based on negligence, intentional wrongdoing, or strict liability. Auto and motorcycle
accidents, medical malpractice, fraud, personal injury, animal attacks, and several other claims
have been filed.

Medical malpractice claims are exceedingly complex. Because of their complicated nature, they
can take years to resolve.In malpractice claims, many hospitals and doctors choose to settle
rather than go to trial, which may expose them to a significantly bigger ruling. Furthermore,
many patients are willing to settle in order to receive compensation sooner and avoid a complex
and lengthy judicial process that might last many years. Healthcare professionals are unlikely to
discuss a settlement until it is evident that they will be held accountable for medical negligence if
the case goes to trial.
G.R. No. 197022, January 15, 2020

PHILIPPINE-JAPAN ACTIVE CARBON CORPORATION, PETITIONER, VS.

HABIB BORGAILY, RESPONDENT.

Petitioner deposited the amount of P90,000.00 as security deposit for the two apartment units.
The lease contract was not renewed after the expiration of the lease on August 1, 2003.
However, petitioner still occupied the premises until October 31, 2003. Respondent alleged that
when petitioner vacated the leased premises, the same was destroyed and rendered inhabitable.
As such, respondent had to make the necessary repairs amounting to P79,534.00 to the units.

(2) A contract is legally binding and will hold up in court. If it can be proven that a contract has
been breached, the remedy is usually to provide the victim what they were promised in the first
place. A breach of contract is not considered a crime or even a tort, and punitive damages for
failing to meet promised responsibilities are rarely granted. Courts will examine each contract
party's responsibilities to decide if they have fulfilled their obligations. The court will determine
whether the breach was justified legally.

G.R. No. 156343, October 18, 2004

JOEY D. BRIONES, petitioner,vs.

MARICEL P. MIGUEL, FRANCISCA P. MIGUEL and LORETA P. MIGUEL,

respondents

On March 5, 2002, petitioner Joey D. Briones filed a Petition for Habeas Corpus against
respondents Maricel Pineda Miguel and Francisca Pineda Miguel, to obtain custody of his
minor child Michael Kevin Pineda. On April 25, 2002, the petitioner filed an Amended Petition
to include Loreta P. Miguel, the mother of the minor, as one of the respondents.

On May 2, 2001, respondents Maricel P. Miguel and Francisca P. Miguel came to the house of
the petitioner in Caloocan City on the pretext that they were visiting the minor child and
requested that they be allowed to bring the said child for recreation at the SM Department store.
They promised him that they will bring him back in the afternoon, to which the petitioner agreed.
However, the respondents did not bring him back as promised by them.

(3)Civil litigation includes divorce, legal separation, and custody conflicts. The court makes
decisions on the dissolution of the marriage, the distribution of marital assets, child custody, and
support. Due to the complexities of the situations, it is advisable to hire civil litigation lawyers
who are well-versed in family law.

Child custody issues can be resolved outside of court. However, if you and your ex-partner's
child custody arrangement fails to be finalized by a judge, it might eventually lead to an
uncomfortable and unfair situation for all parties concerned. Furthermore, if there are
disagreements, the law cannot be used to enforce it. To make a child custody arrangement
official, you must go to court and have it approved by a judge.

G.R. No. 229076, September 16, 2020

MA. LUZ TEVES ESPERAL, PETITIONER, VS.

MA. LUZ TROMPETA-ESPERAL AND LORENZ ANNEL BIAOCO, RESPONDENTS.

Summary:

Sometime in September 2012, petitioner who was working in the United States, came home to the
Philippines for a short vacation. She was surprised that her property, which was vacant when
she left for the United States, was now occupied by persons unknown to her. Upon inquiry, the
occupants informed her that they were the lessees and paying rentals to Biaoco, nephew of
Trompeta. She then told the occupants that she is the owner of the property and that she did not
authorize Biaoco to have the property leased to anyone.

(4) Disputes about property ownership and boundaries are common in property cases. The court
may impose restrictions on the trespasser in addition to monetary compensation. Civil litigation
proceedings are typically complex, necessitating the professional understanding of skilled
lawyers to present the cases.

If the area and value of the land are minor in nature it may be easier to settle the dispute through
mutual agreement rather than in court. You don't want to spend more money on legal fees than
the property is worth. Unfortunately, not all property border disputes can be handled peacefully.
If private negotiations with your neighbor have not resulted in a resolution on which both of you
can agree, it is necessary to consult with an attorney. If you and your neighbor are still unable to
reach an arrangement, submit a complaint. review filing a "quiet file," in which you request that
the court review all of your evidence and arguments and determine who owns the land.

G.R. No. 111014 May 31, 1996

LIANA'S SUPERMARKET, petitioner,vs.

NATIONAL LABOR RELATIONS COMMISSION and NATIONAL LABOR UNION,

respondents.

In the course of their employment they were allegedly underpaid and required, among others, to
work more than eight (8) hours a day without overtime pay and deprived of legal holiday pay
and monthly emergency allowance. Starting late 1982 and early 1983 they aired their grievances
to petitioner through Peter Sy, its General Manager, and Rosa Sy, its Consultant, but were only
scolded and threatened with outright dismissal. Consequently, they formed a labor union and
affiliated it with respondent National Labor Union. Thereafter they demanded from petitioner
recognition and compliance with Existing labor laws.

(5) A civil litigation lawyer represents a group or class of persons who are suing an organization
for compensation for various injuries or harm. Class action lawsuits are difficult to litigate and
can result in large compensation payouts. A group of consumers suing a firm over a faulty
product or equipment that caused them harm is an example.

Class actions allow litigants to file small legal claims that would be too costly to litigate
individually. Furthermore, class actions can level the playing field between powerful entities and
individuals with less resources. Individuals' ability to litigate, negotiate, and settle issues
increases when they work together.