Civil Law

Schloendorff Doctrine

Ramos vs. CA G.R. No. 124354. December 29, 1999   The case of Schloendorff v. Society of New York Hospital was then considered an authority for this view. The “Schloendorff doctrine” regards a physician, even if employed by a hospital, as an independent contractor because of the skill he exercises and the lack of control… Read More Schloendorff Doctrine

Civil Law

Doctrine of Processual Presumption BANK OF AMERICA vs. AMERICAN REALTY CORP. & CA G.R. No. 133876. December 29, 1999

FACTS: Petitioner Bank of America NT & SA (BANTSA) is an international banking and financing institution duly licensed to do business in the Philippines, organized and existing under and by virtue of the laws of the State of California, USA, while private respondent American Realty Corporation (ARC) is a domestic corporation. Bank of America International… Read More Doctrine of Processual Presumption BANK OF AMERICA vs. AMERICAN REALTY CORP. & CA G.R. No. 133876. December 29, 1999

Civil Law

Bopis vs. Bopis G.R. No. 138509. July 31, 2000 Prejudicial Question

FACTS: Respondent contracted a first marriage with one Maria Dulce B. Javier. Without said marriage having been annulled, nullified or terminated, the same respondent contracted a second marriage with petitioner Imelda Marbella-Bobis, and allegedly a third marriage with a certain Julia Sally Hernandez. Based on petitioners complaint-affidavit, an information for bigamy was filed against respondent.… Read More Bopis vs. Bopis G.R. No. 138509. July 31, 2000 Prejudicial Question

Civil Law

AIR FRANCE v. RAFAEL CARRASCOSO G.R. No. L-21438, September 28, 1966 Damages, Bad Faith

FACTS: Plaintiff, a civil engineer, was a member of a group of 48 Filipino pilgrims that left Manila for Lourdes on March 30, 1958. The defendant, Air France, through its authorized agent, Philippine Air Lines, Inc., issued to plaintiff a ‘first class’ round trip airplane ticket from Manila to Rome. From Manila to Bangkok, plaintiff… Read More AIR FRANCE v. RAFAEL CARRASCOSO G.R. No. L-21438, September 28, 1966 Damages, Bad Faith

Civil Law, Constitutional Law

Republic vs. Cagandahan G.R. No. 166676 September 12, 2008

FACTS: Jennifer Cagandahan filed a Petition for Correction of Entries in Birth Certificate[In her petition, she alleged that she was born on January 13, 1981 and was registered as a female in the Certificate of Live Birth but while growing up, she developed secondary male characteristics and was diagnosed to have Congenital Adrenal Hyperplasia (CAH)… Read More Republic vs. Cagandahan G.R. No. 166676 September 12, 2008

Civil Law, Criminal Law

Capili vs. People G.R. No. 183805, July 03, 2013 Bigamy

FACTS: Petitioner was charged with the crime of bigamy before the RTC. Petitioner thereafter filed a Motion to Suspend Proceedings alleging that: (1) there is a pending civil case for declaration of nullity of the second marriage before the RTC of Antipolo City filed by Karla Y. Medina-Capili; (2) in the event that the marriage… Read More Capili vs. People G.R. No. 183805, July 03, 2013 Bigamy

Civil Law

Republic vs. CA, Molina G.R. No. 108763 February 13, 1997 Psychological Incapacity

FACTS: Roridel O. Molina filed a petition for declaration of nullity of her marriage to Reynaldo Molina. The petition alleged that after a year of marriage, Reynaldo showed signs of “immaturity and irresponsibility” as a husband and a father since he preferred to spend more time with his peers and friends on whom he squandered… Read More Republic vs. CA, Molina G.R. No. 108763 February 13, 1997 Psychological Incapacity

Civil Law, Taxation

MERALCO vs. CENTRAL BOARD OF ASSESSMENT APPEALS (CBAA) G.R. No. L-46245 May 31, 1982 TAXATION, REALTY TAX, CIVIL LAW, REAL PROPERTY

  FACTS: Meralco Securities Industrial Corporation assails the decision of the CBAA, holding that Meralco Securities’ oil pipeline is subject to realty tax. The record reveals that pursuant to a pipeline concession issued under the Petroleum Act of 1949, R. A. No. 387, Meralco Securities installed from Batangas to Manila a pipeline system consisting of… Read More MERALCO vs. CENTRAL BOARD OF ASSESSMENT APPEALS (CBAA) G.R. No. L-46245 May 31, 1982 TAXATION, REALTY TAX, CIVIL LAW, REAL PROPERTY