Category: Civil Law

— Civil Law —

Olivarez v. Castillo, G.R. No. 196251, July 9, 2014 Sale, Contract to sell, Conditional Sale, Rescission of Contract [J. LEONEN]

April 11, 2020

FACTS: Benjamin Castillo was the registered owner of a 346,918-sqm lot, covered by TCT No. T-19972. The Philippine Tourism Authority (PTA) allegedly claimed ownership of the same based on TCT No. T-18493.  On April 5, 2000, Castillo and Olivarez Realty Corp., represented by Dr. Olivarez, entered into a contract of conditional sale, wherein Castillo agreed… Read More Olivarez v. Castillo, G.R. No. 196251, July 9, 2014 Sale, Contract to sell, Conditional Sale, Rescission of Contract [J. LEONEN]

— Civil Law, Remedial Law —

REPUBLIC v. Mendoza G.R. No. 185091 August 8, 2010 Torrens System, Expropriation, Just Compensation

April 10, 2020

FACTS: Paninsingin Primary School (PPS) is a public school in Lipa, Batangas, operated by petitioner Republic of the Philippines through the Department of Education.  PPS has been occupying  a portion of Lots 1923 and 1925, registered in the name of respondents Primo and Maria Mendoza under TCT T-11410. The Mendozas caused said lots to be… Read More REPUBLIC v. Mendoza G.R. No. 185091 August 8, 2010 Torrens System, Expropriation, Just Compensation

— Civil Law, Criminal Law, Remedial Law —

Reyes v. Rossi GR No. 159823, Feb 18, 2013 Bouncing Checks Law (Batas Pambansa Blg. 22), Prejudicial Question, Recission of a Contract

April 2, 2020

FACTS:  Petitioner Teodoro Reyes and Advanced Foundation Construction Systems Corp., represented by respondent Ettore Rossi, executed a deed of conditional sale involving the purchase by Reyes of a Dredging Pump worth P10,000,000.00.  The parties agreed therein that Reyes would pay the sum of P3,000,000.00 as downpayment, and the balance of P7,000,000.00 through post-dated checks.  Reyes… Read More Reyes v. Rossi GR No. 159823, Feb 18, 2013 Bouncing Checks Law (Batas Pambansa Blg. 22), Prejudicial Question, Recission of a Contract

— Civil Law, Criminal Law —

Vitangcol v. People of the Philippines G.R. No. 207406 January 13, 2016 Elements of the Crime of Bigamy, the Civil Code of the Philippines [J. Leonen]

March 1, 2020

FACTS: According to the prosecution, Norberto married Alice on December 4, 1994. After some time, Alice discovered that Norberto was previously married to a certain Gina M. Gaerlan on July 17, 1987, as evidenced by a marriage contract registered with the National Statistics Office.  Alice filed a criminal Complaint for bigamy against Norberto. On the… Read More Vitangcol v. People of the Philippines G.R. No. 207406 January 13, 2016 Elements of the Crime of Bigamy, the Civil Code of the Philippines [J. Leonen]

— Civil Law, Labor Law —

MAGSAYSAY MARITIME CORP./EDUARDO MANESE & PRINCESS CRUISE LINES, LTD. v. CYNTHIA DE JESUS G.R. No. 203943, August 30, 2017 Legal Effects of a Compromise Agreement [J. LEONEN]

February 9, 2020

FACTS: Magsaysay, the local manning agent of Princess Cruise Lines, Limited, hired Bernardine De Jesus as an Accommodation Supervisor for the cruise ship Regal Princess for a period of 10 months. Soon after his employment contract was terminated on on January 16, 2007, he was diagnosed with Aortic Aneurysm and he had a coronary angiography… Read More MAGSAYSAY MARITIME CORP./EDUARDO MANESE & PRINCESS CRUISE LINES, LTD. v. CYNTHIA DE JESUS G.R. No. 203943, August 30, 2017 Legal Effects of a Compromise Agreement [J. LEONEN]

— Civil Law —

PHILIPPINE ECONOMIC ZONE AUTHORITY (PEZA) VS. PILHINO SALES CORP. G.R. No. 185765, September 28, 2016 Obligations and Contracts, Rescission of a Contract of Sale [J. LEONEN]

January 18, 2020

FACTS: On October 4, 1997, the PEZA published an invitation to bid for its acquisition of two brand new fire truck units. Three companies participated in the bidding: Starbilt Enterprise, Inc., Shurway Industries, Inc., and Pilhino. Pilhino secured the contract for the acquisition of the fire trucks.  The contract awarded to Pilhino stipulated that Pilhino… Read More PHILIPPINE ECONOMIC ZONE AUTHORITY (PEZA) VS. PILHINO SALES CORP. G.R. No. 185765, September 28, 2016 Obligations and Contracts, Rescission of a Contract of Sale [J. LEONEN]

— Civil Law —

SINDOPHIL, INC. VS. REPUBLIC G.R. No. 204594, November 7, 2018 Torrens Title, Innocent Purchaser for Value, Burden of Proof [J. LEONEN]

January 13, 2020

FACTS:  This case involves a 2,791-square-meter parcel of land (Tramo property), currently in Sindophil’s possession.  Per TCT No. 10354,issued by the Register of Deeds of Pasay City, the Tramo property was initially registered under the name of Teodoro, who then sold it to Puma. Subsequently, Puma sold it to Ty.  Finally, Ty sold the property… Read More SINDOPHIL, INC. VS. REPUBLIC G.R. No. 204594, November 7, 2018 Torrens Title, Innocent Purchaser for Value, Burden of Proof [J. LEONEN]

— Civil Law, Remedial Law —

Recent Rulings on RECONSTITUTION OF TITLE (R.A. NO. 26)RECONVEYANCE and QUIETING OF TITLE

September 23, 2019

Application of — The fact of loss or destruction of the owner’s duplicate certificate of title is crucial in clothing the RTC with jurisdiction over the judicial reconstitution proceedings; the rule that when the owner’s duplicate certificate of title was not actually lost or destroyed, but is in fact in the possession of another person,… Read More Recent Rulings on RECONSTITUTION OF TITLE (R.A. NO. 26)RECONVEYANCE and QUIETING OF TITLE

— Bar Q & A, Civil Law —

SUGGESTED ANSWERS TO THE 2017 BAR EXAMINATION QUESTIONS IN CIVIL LAW UP LAW CENTER

August 14, 2019

I. State whether the following marital unions are valid, void, or voidable, and give the corresponding justifications for your answer: (a) Ador and Becky’s marriage wherein Ador was afflicted with AIDS prior to the marriage. (2%) SUGGESTED ANSWER (a) The marriage is voidable, because Ador was afflicted with a serious and incurable sexually-transmitted disease at… Read More SUGGESTED ANSWERS TO THE 2017 BAR EXAMINATION QUESTIONS IN CIVIL LAW UP LAW CENTER

— Civil Law, Remedial Law —

Sps. OCHOA v. CHINA BANKING CORPORATION G.R. No. 192877 March 23, 2011 Extrajudicial Foreclosure of Mortgage, Act No. 3135

July 25, 2019

Petitioners insist that it was error for the CA to rule that the stipulated exclusive venue of Makati City is binding only on petitioners’ complaint for Annulment of Foreclosure, Sale, and Damages filed before the RTC of Parañaque City, but not on respondent bank’s Petition for Extrajudicial Foreclosure of Mortgage, which was filed with the… Read More Sps. OCHOA v. CHINA BANKING CORPORATION G.R. No. 192877 March 23, 2011 Extrajudicial Foreclosure of Mortgage, Act No. 3135