Civil Law

Republic v. Guinto- Aldana G.R. No. 175578 August 11, 2010 Land Registration, Substantial Compliance with P.D. 1529 (Property Registration Decree)

FACTS: Respondents Zenaida Guinto-Aldana, her siblings, nephews and nieces, filed an Application for Registration of Title over two pieces of land in Talango, Pamplona Uno, Las Piñas City.  These lands, identified as Lot No. 4 and Lot No. 5 measure 1,509 square meters and 4,640 square meters, respectively. Respondents professed themselves to be co-owners of… Read More Republic v. Guinto- Aldana G.R. No. 175578 August 11, 2010 Land Registration, Substantial Compliance with P.D. 1529 (Property Registration Decree)

Bar Q & A, Civil Law

SUGGESTED ANSWERS TO THE 2018 BAR EXAMINATION QUESTIONS IN CIVIL LAW – UP LAW COMPLEX

CIVIL LAW  I. Sidley and Sol were married with one (1) daughter, Solenn. Sedfrey and Sonia were another couple with one son, Sonny. Sol and Sedfrey both perished in the same plane accident. Sidley and Sonia met when the families of those who died sued the airlines and went through grief counseling sessions. Years later,… Read More SUGGESTED ANSWERS TO THE 2018 BAR EXAMINATION QUESTIONS IN CIVIL LAW – UP LAW COMPLEX

Civil Law

Recent Rulings on PROPERTY [Easement, Cancellation of titles, View of dominance, Prescription, Possessor in good faith

Cancellation of titles — Petitioner’s claim is anchored on a sale of the property to her predecessor-in-interest and not on any filiation with the original owner; this Court has stated that no judicial declaration of heirship is necessary in order that an heir may assert his or her right to the property of the deceased.… Read More Recent Rulings on PROPERTY [Easement, Cancellation of titles, View of dominance, Prescription, Possessor in good faith

Civil Law

Municipality of Victorias v. CA G.R. No. L-31189 March 31, 1987 Sale, Delivery of the thing Sold, Torrens Title, Proof of Ownership

FACTS: Respondent Norma Leuenberger inherited Lot No. 140, a sugar land located in Bo. Madaniog, Victorias, Negros Occidental from her grandmother, Simeona J. Vda. de Ditching.  In 1963, she discovered that the parcel of land, more or less 4 ha. or 33,747 sq.m. used by Petitioner Municipality of Victorias, as a cemetery from 1934, is… Read More Municipality of Victorias v. CA G.R. No. L-31189 March 31, 1987 Sale, Delivery of the thing Sold, Torrens Title, Proof of Ownership

Civil Law

THE MANILA HOTEL CORP. AND MANILA HOTEL INTL. LTD. vs. NLRC GR. No. 120077 October 13, 2000 Forum Non Conveniens, Conflicts of Law, Lex Loci Contractus

FACTS: Private respondent Marcelo Santos was an overseas worker, while petitioners are the Manila Hotel Corporation (MHC) and the Manila Hotel International Company, Limited (MHICL). During his employment with the Mazoon Printing Press in the Sultanate of Oman, respondent Santos received a letter from Mr. Gerhard R. Shmidt, General Manager, Palace Hotel, Beijing, China, to… Read More THE MANILA HOTEL CORP. AND MANILA HOTEL INTL. LTD. vs. NLRC GR. No. 120077 October 13, 2000 Forum Non Conveniens, Conflicts of Law, Lex Loci Contractus

Civil Law

Recent Rulings on FAMILY CODE [Article 26, Conjugal Partnership of Gains, Parental Authority, Psychological Incapacity, Proof of Filiation]

The Family Code (E.O. NO. 209), As Amended by R.A. NO. 9255 Article 26 –– In this case, We find that Par. 2 of Art. 26 violates one of the essential requisites of the equal protection clause; particularly, the limitation of the provision only to a foreign divorce decree initiated by the alien spouse is… Read More Recent Rulings on FAMILY CODE [Article 26, Conjugal Partnership of Gains, Parental Authority, Psychological Incapacity, Proof of Filiation]

Civil Law

Recent Rulings on SALES

Concept and elements –– Art. 1458 of the Civil Code describes a contract of sale as a transaction by which “one of the contracting parties obligates himself to transfer the ownership of and to deliver a determinate thing, and the other to pay therefor a price certain in money or its equivalent”; the elements of… Read More Recent Rulings on SALES

Civil Law

Wiegel v. Sempio-Diy G.R. No. L-53703 August 19, 1986 Void and Voidable Marriage

FACTS: Karl Heinz Wiegel filed for the declaration of Nullity of his marriage with herein petitioner Lilia Oliva Wiegel on the ground of Lilia’s previous existing marriage to one Eduardo A. Maxion.  Lilia, while admitting the existence of said prior subsisting marriage claimed that said marriage was null and void, she and the first husband… Read More Wiegel v. Sempio-Diy G.R. No. L-53703 August 19, 1986 Void and Voidable Marriage