Category: Civil Law

— Civil Law —

Mendoza vs. Republic G.R. 157649, Nov. 12, 2012 Psychological Incapacity

December 4, 2017

FACTS:  Petitioner wife appeals the decision promulgated on March 19, 2003, whereby the CA reversed the judgment of the RTC declaring her marriage with respondent Dominic C. Mendoza as null and void. The CA held the testimonies of petitioner’s witnesses insufficient to establish Dominic’s psychological affliction to be of such a grave or serious nature… Read More Mendoza vs. Republic G.R. 157649, Nov. 12, 2012 Psychological Incapacity

— Civil Law, Constitutional Law —

BPI vs. SEC G.R. No. 164641 December 20, 2007 Dacion en Pago, Non Impairment of Contracts

December 1, 2017

 FACTS: The Bank of the Philippine Islands (BPI), through its predecessor-in- interest, Far East Bank and Trust Company (FEBTC), extended credit accommodations to the ASB Group with an outstanding aggregate principal amount of P86,800,000.00, secured by a real estate mortgage over two (2) properties located in Greenhills, San Juan. On 2 May 2000, the ASB… Read More BPI vs. SEC G.R. No. 164641 December 20, 2007 Dacion en Pago, Non Impairment of Contracts

— Civil Law —

Republic vs. Estonillo G.R. No. 157306 November 25, 2005 Public Land Act

November 9, 2017

  FACTS: This case originated from an application for registration of a parcel of land known as Lot No. 4318 of the cadastral survey of Cagayan de Oro consisting [of] an area of 357,866 sq. meters, filed by [the] original [a]pplicant, Nazaria Bombeo with the defunct CFI of Misamis Oriental on July 22, 1954.  In… Read More Republic vs. Estonillo G.R. No. 157306 November 25, 2005 Public Land Act

— Civil Law, Constitutional Law —

Matthews vs. Taylor G.R. No. 164584 June 22, 2009

November 9, 2017

FACTS: On June 30, 1988, Benjamin Taylor (Benjamin), a British subject, married Joselyn Taylor , a 17-year old Filipina.  On June 9, 1989, while their marriage was subsisting, Joselyn bought a 1,294 square-meter lot in Boracay, for and in consideration of P129,000.00.  The sale was allegedly financed by Benjamin.  They constructed improvements thereon and eventually… Read More Matthews vs. Taylor G.R. No. 164584 June 22, 2009

— Civil Law, Constitutional Law —

MASIKIP vs PASIG G.R. No. 136349 January 23, 2006 Power of Eminent Domain, Expropriation, Genuine Necessity

November 3, 2017

   FACTS: Petitioner Lourdes Dela Paz Masikip is the registered owner of a parcel of land located at Pag-Asa, Caniogan, Pasig City, Metro Manila. The City of Pasig notified petitioner of its intention to expropriate a 1,500 square meter portion of her property to be used for the “sports development and recreational activities” of the… Read More MASIKIP vs PASIG G.R. No. 136349 January 23, 2006 Power of Eminent Domain, Expropriation, Genuine Necessity

— Civil Law, Constitutional Law —

Laxamana vs Laxamana GR 144763, September 3,2002Art. XV of the 1987 Constitution, The Family

November 2, 2017

  FACTS: Everything went well for the family until petitioner bacame drug dependent. He was confined and he undergone psychological treatments. However, respondent claimed petitioner was not fully rehabilitated. His drug dependence worsened and it became difficult for respondent and her children to live with him being violent and irritable. Respondent and her 3 children… Read More Laxamana vs Laxamana GR 144763, September 3,2002Art. XV of the 1987 Constitution, The Family

— Civil Law, Mercantile Law —

In re estate of Engracio Orense, deceased. EUGENIA M. SANTOS, VIUDA DE ORENSE, vs. THE ROMAN CATHOLIC BISHOP OF NUEVA CACERES G.R. No. L-21289 April 5, 1924 45 Phil. 895

November 2, 2017

  FACTS: Appellant’s husband, Engracio Orense, a resident of the municipality of Guinobatan, Province of Albay, died, leaving an estate. The deceased left a will, according to which six parcels of land were left to the Roman Catholic Church as trustee for various purposes, subject to a life estate in favor of the appellant who,… Read More In re estate of Engracio Orense, deceased. EUGENIA M. SANTOS, VIUDA DE ORENSE, vs. THE ROMAN CATHOLIC BISHOP OF NUEVA CACERES G.R. No. L-21289 April 5, 1924 45 Phil. 895

— Civil Law —

SAGRADA ORDEN vs. NATIONAL COCONUT CORPORATION G.R. No. L-3756 June 30, 1952 91 PHIL. 503 Obligations, Sources of Obligations

October 30, 2017

FACTS: This is an action to recover the possession of a piece of real property (land and warehouses) situated in Pandacan Manila, and the rentals for its occupation and use. The land belongs to the plaintiff, Sagrada Orden, in whose name the title was registered before the war. During the Japanese military occupation, the land was… Read More SAGRADA ORDEN vs. NATIONAL COCONUT CORPORATION G.R. No. L-3756 June 30, 1952 91 PHIL. 503 Obligations, Sources of Obligations

— Civil Law —

UNSON III vs. HON. PEDRO C. NAVARRO AND EDITA N. ARANETA G.R. No. L-52242 November 17, 1980 Child Custody (Habeas Corpus)

October 24, 2017

FACTS: Petition for certiorari to have the order of respondent judge ordering petitioner to produce the child, Maria Teresa Unson, his daughter barely eight years of age, with private respondent Edita N. Araneta and return her to the custody of the latter, further obliging petitioner to “continue his support of said daughter by providing for… Read More UNSON III vs. HON. PEDRO C. NAVARRO AND EDITA N. ARANETA G.R. No. L-52242 November 17, 1980 Child Custody (Habeas Corpus)

— Civil Law, Mercantile Law —

CITYTRUST BANKING CORPORATION vs.CA and EMME HERRERO G.R. No. 84281 May 27,1994 Nature of Banks, Damages, Nominal damages, Temperate damages

October 24, 2017

FACTS: Private respondent averred that she, a businesswoman, made regular deposits, starting September of 1979, with petitioner Citytrust at its Burgos branch in Calamba, Laguna. On 15 May 1980, she deposited with petitioner the amount of Thirty One Thousand Five Hundred Pesos(P31,500.00), in cash, in order to amply cover 6 postdated checks she issued. When… Read More CITYTRUST BANKING CORPORATION vs.CA and EMME HERRERO G.R. No. 84281 May 27,1994 Nature of Banks, Damages, Nominal damages, Temperate damages