Category: Civil Law

— Civil Law —

REPUBLIC v. DE GRACIA GR No. 171557 Feb 12, 2014 EXPERT OPINIONS, PSYCHOLOGICAL INCAPACITY MUST STILL BE PROVEN BY INDEPENDENT EVIDENCE.

June 10, 2019

FACTS: Rodolfo met Natividad when they were high school students, and he was forced to marry her barely three months into their courtship in light of her accidental pregnancy. Rodolfo and Natividad have two children. When Rodolfo decided to join and train with the army, Natividad left their conjugal home and sold their house without… Read More REPUBLIC v. DE GRACIA GR No. 171557 Feb 12, 2014 EXPERT OPINIONS, PSYCHOLOGICAL INCAPACITY MUST STILL BE PROVEN BY INDEPENDENT EVIDENCE.

— Civil Law —

DEL ROSARIO v. DEL ROSARIO GR No. 222541, Feb 15, 2017 Psychological Incapacity, Expert Opinion, The Molina Guidelines

June 8, 2019

FACTS: Rachel and Jose became romantically involved very soon after they met. They eventually got married, and were blessed with a son. In 1998, Rachel went back to Hongkong to work as domestic helper/caregiver and has been working there ever since, only returning to the Philippines every year for a vacation. Through her efforts, she… Read More DEL ROSARIO v. DEL ROSARIO GR No. 222541, Feb 15, 2017 Psychological Incapacity, Expert Opinion, The Molina Guidelines

— Civil Law, Mercantile Law —

HSBC v. CATALAN G.R. NO. 159590 October 18, 2004 G.R. NO. 159591 October 18, 2004 Abuse of Rights, Suability of the Drawee for Tortious Acts

June 5, 2019

FACTS: Catalan filed before the RTC, a complaint for sum of money with damages against petitioner praying that HSBANK and HSBC TRUSTEE be ordered to pay P20,864,000.00 representing the value of the five checks issued by Thomson to respondent. The checks when deposited were returned by HSBANK purportedly for reason of “payment stopped” pending confirmation,… Read More HSBC v. CATALAN G.R. NO. 159590 October 18, 2004 G.R. NO. 159591 October 18, 2004 Abuse of Rights, Suability of the Drawee for Tortious Acts

— Civil Law, Remedial Law —

GO vs. UCPB G.R. No. 156187 November 11, 2004 Real v. Personal Action, Real Estate Mortgage

May 27, 2019

FACTS: Petitioner Jimmy Go and Alberto T. Looyuko applied for an Omnibus Line accommodation with respondent UCPB in the amount of 900 Million Pesos. The transaction was secured by Real Estate Mortgages over parcels of land located in Mandaluyong. The approved Omnibus Line accommodation was subsequently cancelled by respondent UCPB. Hence, petitioner demanded the return… Read More GO vs. UCPB G.R. No. 156187 November 11, 2004 Real v. Personal Action, Real Estate Mortgage

— Civil Law —

ABBAS vs. ABBAS  G.R. No. 183896  January 30, 2013 Void ab initio Marriage, Marriage License as a Formal Requisite of a Valid Marriage

May 8, 2019

  FACTS: Petitioner Syed Azhar Abbas, a Pakistani, met Gloria, a Filipino, in Taiwan in 1991 and they got married there in 1992. Later, Gloria filed bigamy cases against him. As advised bt his counsel, he went to the Municipal Civil Registrar of Carmona, Cavite, where their Marriage License was issued, to get certification on… Read More ABBAS vs. ABBAS  G.R. No. 183896  January 30, 2013 Void ab initio Marriage, Marriage License as a Formal Requisite of a Valid Marriage

— Civil Law, Remedial Law —

BENJAMIN PALAGANAS vs. ERNESTO PALAGANAS G.R. No. 169144 January 26, 2011 Probate of a foreign will

May 5, 2019

FACTS: Ruperta Palaganas, a Filipino who became a naturalized U.S. citizen, died single and childless. In the last will and testament she executed in California, she designated her brother, Sergio, as the executor of her will for she had left properties in the Philippines and in the U.S. Ernesto, another brother of Ruperta, filed with… Read More BENJAMIN PALAGANAS vs. ERNESTO PALAGANAS G.R. No. 169144 January 26, 2011 Probate of a foreign will

— Civil Law —

CORAZON KO v. VIRGINIA DY ARAMBURO GR No. 190995, Aug 09, 2017 Co-ownership, Sale, Void vs. Voidable Sale, Prescription

May 4, 2019

FACTS: Corazon is the sister of Virginia’s husband Simeon. Corazon and Simeon have another sibling, Augusto, who predeceased them. Virginia and the heirs of Augusto filed a Complaint for Recovery of Ownership with Declaration of Nullity and/or Alternatively Reconveyance and Damages with Preliminary Injunction against Corazon. The complaint alleged that Virginia and Simeon, together with… Read More CORAZON KO v. VIRGINIA DY ARAMBURO GR No. 190995, Aug 09, 2017 Co-ownership, Sale, Void vs. Voidable Sale, Prescription

— Civil Law —

RUKS KONSULT AND CONSTRUCTION v. ADWORLD SIGN AND ADVERTISING CORPORATION AND TRANSWORLD MEDIA ADS, INC. G.R. No. 204866 January 21, 2015 Article 2194 of the Civil Code, Damages, Negligence, Joint Tortfeasors

April 14, 2019

FACTS: Adworld sent Transworld and Comark a letter demanding payment for the repairs of its billboard structure located at EDSA Tulay, Guadalupe which was misaligned and its foundation impaired when the adjacent billboard structure owned by Transworld and used by Comark collapsed and crashed against it. Transworld in its reply, admitted the damage caused by… Read More RUKS KONSULT AND CONSTRUCTION v. ADWORLD SIGN AND ADVERTISING CORPORATION AND TRANSWORLD MEDIA ADS, INC. G.R. No. 204866 January 21, 2015 Article 2194 of the Civil Code, Damages, Negligence, Joint Tortfeasors

— Civil Law, Remedial Law —

Norberte v. Mejia  G.R. No. 182886, March 09, 2015 Accion Publiciana, Ejectment, Contract of Sale, Contract to Sell

April 6, 2019

FACTS: Edgardo Ongsiaco, owner of the lot subject of this case, allowed Dativa Gonzales to occupy the same and build a house thereon. However, Ongsiaco later sold the land to the spouses Legaspi, who caused the registration of the property in their names. Thus, the Spouses Legaspi filed an action for ejectment against Gonzales. The… Read More Norberte v. Mejia  G.R. No. 182886, March 09, 2015 Accion Publiciana, Ejectment, Contract of Sale, Contract to Sell