Category: Civil Law

— Civil Law —

ANG YU ASUNCION VS. CA 238 SCRA 602 G.R. No. 109125 December 2, 1994 Obligations and Contracts, Sources of an Obligation, Lis Pendens, Art. 1156, Civil Code

October 24, 2017

FACTS: A complaint for Specific Performance was filed by Ang Yu Asuncion et al., against Bobby Cu Unjieng and Jose Tan. The plaintiffs were tenants or lessees of residential and commercial spaces owned by defendants in Binondo. On several conditions defendants informed the plaintiffs that they are offering to sell the premises and are giving… Read More ANG YU ASUNCION VS. CA 238 SCRA 602 G.R. No. 109125 December 2, 1994 Obligations and Contracts, Sources of an Obligation, Lis Pendens, Art. 1156, Civil Code

— Civil Law —

BAGUMBAYAN CORPORATION vs.INTERMEDIATE APPELLATE COURT G.R. No. L-66274 September 30, 1984 Damages, Quasi-delict, Gross Negligence, Article 2176, Article 2180 of the Civil Code, Moral damages, Exemplary damages

October 23, 2017

FACTS: The spouses Seña and their four children went to the Tropical Palace Hotel to see the Reycard Duet Show they occupied a table and ordered drinks before the show, when a waiter named Baez was going to serve the tray containing the drinks was overturned and fell on her. She was drenched. Later, she… Read More BAGUMBAYAN CORPORATION vs.INTERMEDIATE APPELLATE COURT G.R. No. L-66274 September 30, 1984 Damages, Quasi-delict, Gross Negligence, Article 2176, Article 2180 of the Civil Code, Moral damages, Exemplary damages

— Civil Law —

LEUNG BEN VS. P. J. O’BRIEN G.R. No. L-13602 April 6, 1918 Gambling, Obligations and Contracts

October 23, 2017

FACTS: An action was instituted by P. J. O’Brien to recover the sum of P15,000 alleged to have been lost by Leung Ben to P.J. O’Brien in a series of gambling, banking and percentage games conducted during the two or three months prior to the institution of the suit. In Leung Ben’s verified complaint, O’Brien… Read More LEUNG BEN VS. P. J. O’BRIEN G.R. No. L-13602 April 6, 1918 Gambling, Obligations and Contracts

— Civil Law —

PELAYO VS. LAURON 12 Phil. 453 G.R. No. L-4089 January 12, 1909 Obligations and Contracts

October 23, 2017

FACTS: Arturo Pelayo, a physician, plaintiff was called to render medical assistance to the defendant’s daughter-in-law, who was about to give birth. After the consultation of Dr. Escaño, it was deemed that the operation was going to be difficult for child birth, but regardless, Dr. Pelayo proceeded with the job of operating on the subject… Read More PELAYO VS. LAURON 12 Phil. 453 G.R. No. L-4089 January 12, 1909 Obligations and Contracts

— Civil Law, Mercantile Law —

KEPPEL CEBU SHIPYARD, INC. vs. PIONEER INSURANCE AND SURETY CORPORATION, PIONEER INSURANCE AND SURETY CORPORATION vs. KEPPEL CEBU SHIPYARD, INC. G.R. Nos. 180880-81 G.R. Nos. 180896-97 September 25, 2009 Article 2180 of the Civil Code, Marine Insurance, Negligence, Damages

October 23, 2017

FACTS: WG & A JEBSENS SHIPMGMT. Owner/Operator of M/V “SUPERFERRY 3” and KEPPEL CEBU SHIPYARD, INC. (KCSI) enter into an agreement that the Drydocking and Repair of the above-named vessel ordered by the Owner’s Authorized Representative shall be carried out under the Keppel Cebu Shipyard Standard Conditions of Contract for Ship repair, guidelines and regulations… Read More KEPPEL CEBU SHIPYARD, INC. vs. PIONEER INSURANCE AND SURETY CORPORATION, PIONEER INSURANCE AND SURETY CORPORATION vs. KEPPEL CEBU SHIPYARD, INC. G.R. Nos. 180880-81 G.R. Nos. 180896-97 September 25, 2009 Article 2180 of the Civil Code, Marine Insurance, Negligence, Damages

— Civil Law —

PEREZ-FERRARIS vs. FERRARIS G.R. No. 162368 July 17, 2006 Declaration of Nullity of Marriage, Psychological Incapacity, Article 36 of the Civil Code

October 20, 2017

FACTS:   The RTC rendered a Decision denying the petition for declaration of nullity of petitioner’s marriage with Brix Ferraris. The trial court noted that suffering from epilepsy does not amount to psychological incapacity under Article 36 of the Civil Code and the evidence on record were insufficient to prove infidelity. Petitioner’s motion for reconsideration… Read More PEREZ-FERRARIS vs. FERRARIS G.R. No. 162368 July 17, 2006 Declaration of Nullity of Marriage, Psychological Incapacity, Article 36 of the Civil Code

— Civil Law, Criminal Law —

DONATO vs. LUNA G.R. No. L-53642 April 15, 1988 BIGAMY, Prejudicial Question

October 19, 2017

FACTS: Herein petitioner was charged with bigamy. Before the petitioner’s arraignment, private respondent filed a civil action for declaration of nullity of her marriage with petitioner on the ground that private respondent consented to entering into the marriage, which was petitioner Donato’s second one, since she had no previous knowledge that petitioner was already married… Read More DONATO vs. LUNA G.R. No. L-53642 April 15, 1988 BIGAMY, Prejudicial Question

— Civil Law —

SIME DARBY PILIPINAS, INC., Petitioner, 
vs.
GOODYEAR PHILIPPINES, INC. and MACGRAPHICS CARRANZ INTERNATIONAL CORPORATION   G.R. No. 182148 June 8, 2011   GOODYEAR PHILIPPINES, INC. vs.
SIME DARBY PILIPINAS, INC. and MACGRAPHICS CARRANZ INTERNATIONAL CORPORATION G.R. No. 183210 Article 1649 of the New Civil Code, assignment of a lease, Deed of Assignment

October 6, 2017

 SIME DARBY PILIPINAS, INC., Petitioner, 
vs.
GOODYEAR PHILIPPINES, INC. and MACGRAPHICS CARRANZ INTERNATIONAL CORPORATION G.R. No. 182148 June 8, 2011 GOODYEAR PHILIPPINES, INC. vs.
SIME DARBY PILIPINAS, INC. and MACGRAPHICS CARRANZ INTERNATIONAL CORPORATION G.R. No. 183210 FACTS:  Sime Darby leased a billboard owned by Macgraphics for a term of four years. Subsequently, Sime Darby executed a Memorandum… Read More SIME DARBY PILIPINAS, INC., Petitioner, 
vs.
GOODYEAR PHILIPPINES, INC. and MACGRAPHICS CARRANZ INTERNATIONAL CORPORATION   G.R. No. 182148 June 8, 2011   GOODYEAR PHILIPPINES, INC. vs.
SIME DARBY PILIPINAS, INC. and MACGRAPHICS CARRANZ INTERNATIONAL CORPORATION G.R. No. 183210 Article 1649 of the New Civil Code, assignment of a lease, Deed of Assignment

— Civil Law —

Child Custody MIGUEL R. UNSON III vs. HON. PEDRO C. NAVARRO AND EDITA N. ARANETA 
G.R. No. L-52242 November 17, 1980 Child Custody, Special Proceedings

October 6, 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 later, further obliging petitioner to “continue his support of said daughter by providing for… Read More Child Custody MIGUEL R. UNSON III vs. HON. PEDRO C. NAVARRO AND EDITA N. ARANETA 
G.R. No. L-52242 November 17, 1980 Child Custody, Special Proceedings

— Civil Law —

JARCO MARKETING CORPORATION Vs CA G.R. No. 129792 December 21, 1999 nuisance, negligence, Attractive nuisance

October 6, 2017

FACTS: In the afternoon of 9 May 1983, CRISELDA and ZHIENETH were at the 2nd floor of Syvel’s Department Store,which is owned by petitioner Jarco Mktg. Corp. CRISELDA was signing her credit card slip at the payment and verification counter when she felt a sudden gust of wind and heard a loud thud. She looked… Read More JARCO MARKETING CORPORATION Vs CA G.R. No. 129792 December 21, 1999 nuisance, negligence, Attractive nuisance