Category: Civil Law

— Civil Law —

Tan-Andal v. Andal G.R. No. 196359 May 11,2021 Psychological Incapacity

February 19, 2022

FACTS: Mario Victor M. Andal and Rosanna L. Tan met in 1975. They eventually lost contact until they reconnected in 1995 when Mario was in the Philippines for a two-month vacation from his work in Italy. They became sweethearts in June 1995. And in July 1995, Mario left for Italy, promising Rosanna that he would… Read More Tan-Andal v. Andal G.R. No. 196359 May 11,2021 Psychological Incapacity

— Civil Law, Remedial Law —

SUPREME TRANSLINER INC., v. CA G.R. No. 125356 November 21, 2001 Burden of Evidence, Preponderance of Evidence

March 2, 2021

FACTS: On September 24, 1990, a Supreme Transliner bus owned by Petitioner Felipe Sia, and driven by co-petitioner Novencio Flores, collided with a passenger jeepney carrying private respondents Gloria and Lotis Brazal. The jeepney was owned by Marcelino Villones and driven by Reynaldo Decena. Private respondents instituted a civil case for damages against petitioners based… Read More SUPREME TRANSLINER INC., v. CA G.R. No. 125356 November 21, 2001 Burden of Evidence, Preponderance of Evidence

— Bar Q & A, Civil Law —

Common Carriers, Bill of Lading, and COGSA Recent Rulings and Bar Q & A’s

August 23, 2020

A contract of carriage generates a relation attended with public duty, neglect or malfeasance of the carrier’s employees and gives ground for an action for damages. The liability of common carriers under Article 1759 is demanded by the duty of extraordinary diligence required of common carriers in safely carrying their passengers. On the other hand,… Read More Common Carriers, Bill of Lading, and COGSA Recent Rulings and Bar Q & A’s

— Civil Law —

Delos Reyes and Peralta v. Municipality of Kalibo, Aklan G.R. No. 214587, February 26, 2018 Accretion, Ownership, Torrens Title

August 2, 2020

FACTS: The subject lot located in Kalibo, is registered in the name of Ana O. Peralta. Upon her demise, her property passed on to her brother, Jose Peralta, who caused registration of the same in his name.  Jose later had the property divided into Lots 2076-A and 2076-B, and sold the latter portion. Lot 2076-A,… Read More Delos Reyes and Peralta v. Municipality of Kalibo, Aklan G.R. No. 214587, February 26, 2018 Accretion, Ownership, Torrens Title

— Civil Law —

Heirs of Macalalad v. Rural Bank of Pola, Inc. and Register of Deeds of Oriental Mindoro G.R. No. 200899, June 20, 2018 Innocent Purchaser In Good Faith and For Value, Presidential Decree (P.D.) 1529

May 15, 2020

FACTS: Paz Macalalad filed a Complaint for “Declaration of Nullity of TCT No. T-117484” alleging that she is the sole surviving legal heir of one Leopoldo Constantino, Jr., who owned a parcel of land, registered under TCT No. RT-124 (T-45233).  After the death of Leopoldo, it was made to appear that the latter sold the… Read More Heirs of Macalalad v. Rural Bank of Pola, Inc. and Register of Deeds of Oriental Mindoro G.R. No. 200899, June 20, 2018 Innocent Purchaser In Good Faith and For Value, Presidential Decree (P.D.) 1529

— Civil Law, Mercantile Law, Remedial Law —

MCC INDUSTRIAL SALES CORP. v. SSANGYONG CORP. G.R. No. 170633, October 17, 2007 R.A. No. 8792 [Electronic Commerce Act of 2000], Best Evidence Rule, Obligations and Contracts, Sale

April 1, 2020

FACTS:  Petitioner MCC is a domestic corporation, engaged in the business of importing and wholesaling stainless steel products, while respondent Ssangyong Corporation, an international trading company with head office in Seoul, South Korea, is one of its suppliers.  The two corporations conducted business through telephone calls and facsimile or telecopy transmissions. Ssangyong would send the… Read More MCC INDUSTRIAL SALES CORP. v. SSANGYONG CORP. G.R. No. 170633, October 17, 2007 R.A. No. 8792 [Electronic Commerce Act of 2000], Best Evidence Rule, Obligations and Contracts, Sale

— Civil Law —

Racho v. Tanaka G.R. No. 199515, June 25, 2018 Recognition of Foreign Divorce Decree, Article 26, Article 40 of the Family Code [J. Leonen]

February 24, 2020

FACTS: Rhodora Racho and Seiichi Tanaka were married on April 20, 2001 in Las Piñas City, Metro Manila. They lived together for nine years in Japan and did not have any children. Racho alleged that Tanaka filed for divorce and the divorce was granted. She secured a Divorce Certificate issued by Consul Takayama of the… Read More Racho v. Tanaka G.R. No. 199515, June 25, 2018 Recognition of Foreign Divorce Decree, Article 26, Article 40 of the Family Code [J. Leonen]

— Civil Law, Insurance, Mercantile Law —

GAISANO v. DEVELOPMENT INSURANCE GR No. 190702, Feb 27, 2017 Payment of Premium in Insurance Policies, Unjust Enrichment

June 20, 2019

FACTS: Respondent issued a comprehensive commercial vehicle policy to petitioner over the  1992 Mitsubishi Montero (vehicle) owned by petitioner for a period of one year commencing on September 27, 1996. Petitioner’s company, Noah’s Ark, issued a Far East Bank check dated September 27, 1996 payable to Trans-Pacific on the same day. The check represents payment… Read More GAISANO v. DEVELOPMENT INSURANCE GR No. 190702, Feb 27, 2017 Payment of Premium in Insurance Policies, Unjust Enrichment