Civil Law

OPULENCIA v. CA G.R. No. 125835 July 30, 1998 Succession, Hereditary Rights

FACTS: Private respondents filed a complaint for specific performance against herein petitioner Natalia Carpena Opulencia, alleging that she executed in their favor a CONTRACT TO SELL Lot 2125 of the Sta. Rosa Estate, consisting of 23,766 sqms.; that plaintiffs paid a downpayment of P300,000.00 but Opulencia, despite demands, failed to comply with her obligations under… Read More OPULENCIA v. CA G.R. No. 125835 July 30, 1998 Succession, Hereditary Rights

Civil Law

Iwasawa v. Gangan G.R. No. 204169 September 11, 2013 Bigamous Marriage, Null and Void Marriage, Family Code

FACTS: Petitioner, a Japanese national, met private respondent sometime in 2002 in one of his visits to the Philippines. Private respondent introduced herself as “single” and “has never married before.” They got married later that year in Pasay City. After the wedding, the couple resided in Japan. In July 2009, petitioner noticed his wife become… Read More Iwasawa v. Gangan G.R. No. 204169 September 11, 2013 Bigamous Marriage, Null and Void Marriage, Family Code

Civil Law, Remedial Law

LACHES; ESTOPPEL BY LACHES; Elements & Principles — Recent Rulings of the Supreme Court

VICTORIA MANUFACTURING CORP. EMPLOYEES UNION v. VICTORIA MANUFACTURING CORP. G.R. No. 234446 July 24, 2019 The doctrine of estoppel by laches, pursuant to the ruling in Tijam, et al. v. Sibonghanoy, may operate to bar jurisdictional challenges. In that case, lack of jurisdiction was raised for the first time only in a motion for reconsideration filed… Read More LACHES; ESTOPPEL BY LACHES; Elements & Principles — Recent Rulings of the Supreme Court

Civil Law

Republic v. Nolasco G.R. No. 94053 March 17, 1993 Declaration of Presumptive Death, Family Code

FACTS: Respondent Gregorio Nolasco filed a petition for the declaration of presumptive death of his wife Janet Monica Parker. The petition prayed that respondent’s wife be declared presumptively dead or, in the alternative, that the marriage be declared null and void. Respondent Nolasco was a seaman and he met Janet, a British subject, in a… Read More Republic v. Nolasco G.R. No. 94053 March 17, 1993 Declaration of Presumptive Death, Family Code

Civil Law

CONFLICT OF LAWS: Maxims, Jurisprudence, Principles, and Bar Q & A

Lex loci contractus — The law of the place where the contract is made governs or lex loci contractus; as the parties did not designate the applicable law and the Agreement was perfected in the Philippines, our Arbitration laws apply. (DFA vs. BCA Int’l. Corp., G.R. No. 225051, July 19, 2017) PRINCIPLES:       (a)   The… Read More CONFLICT OF LAWS: Maxims, Jurisprudence, Principles, and Bar Q & A

Civil Law

Manzano v. Judge Sanchez A.M. No. MTJ-00-1329 March 8, 2001 Marriage License, Legal Ratification of Marital Cohabitation

FACTS: Complainant avers that she was the lawful wife of the late David Manzano, having been married to him on 21 May 1966. However, on 22 March 1993, her husband contracted another marriage with one Luzviminda Payao solemnized by respondent Judge.  Respondent Judge, on the other hand, claims that he did not know that Manzano… Read More Manzano v. Judge Sanchez A.M. No. MTJ-00-1329 March 8, 2001 Marriage License, Legal Ratification of Marital Cohabitation

Civil Law

Balogbog v. CA G.R. No. 83598 March 7, 1997 Marriage

FACTS: Petitioners Leoncia and Gaudioso Balogbog are the children of Basilio Balogbog and Genoveva Arzibal who died intestate in 1951 and 1961, respectively. They had an older brother, Gavino, who predeceased their parents. Private respondents Ramonito and Generoso Balogbog brought an action for partition and accounting against petitioners, claiming that they were the legitimate children… Read More Balogbog v. CA G.R. No. 83598 March 7, 1997 Marriage

Civil Law

Arañes v. Occiano A.M. No. MTJ-02-1390 April 11, 2002 Authority of a Judge in Solemnizing a Marriage Ceremony

FACTS: Petitioner Mercedita Mata Arañes charged respondent judge with Gross Ignorance of the Law. Respondent Judge Salvador M. Occiano, is the Presiding Judge of the MTC of Balatan, Camarines Sur. Petitioner alleges that respondent judge solemnized her marriage to her late groom Dominador B. Orobia without the requisite marriage license and at Nabua, Camarines Sur… Read More Arañes v. Occiano A.M. No. MTJ-02-1390 April 11, 2002 Authority of a Judge in Solemnizing a Marriage Ceremony