Category: Civil Law

— Civil Law, Mercantile Law —

ISLAND SALES, INC., vs. UNITED PIONEERS GENERAL CONSTRUCTION COMPANY, ET. AL G.R. No. L-22493 July 31, 1975 general partnership, Condonation

October 6, 2017

FACTS:  The defendant company, a general partnership duly registered under the laws of the Philippines, purchased from the plaintiff a motor vehicle on the installment basis and for this purpose executed a promissory note for P9,440.00, payable in twelve equal monthly installments of P786.63, the first installment payable on or before May 22, 1961 and… Read More ISLAND SALES, INC., vs. UNITED PIONEERS GENERAL CONSTRUCTION COMPANY, ET. AL G.R. No. L-22493 July 31, 1975 general partnership, Condonation

— Civil Law, Mercantile Law —

DELSAN TRANSPORT LINES, INC., vs CA G.R. No. 127897 November 15, 2001 Common Carrier, Insurance

October 6, 2017

FACTS:   Caltex Philippines entered into a contract of affreightment with the petitioner, Delsan Transport Lines, Inc., for a period of 1 year whereby the said common carrier agreed to transport Caltex’s industrial fuel oil from the Batangas-Bataan Refinery to different parts of the country. Under the contract, petitioner took on board its vessel, MT… Read More DELSAN TRANSPORT LINES, INC., vs CA G.R. No. 127897 November 15, 2001 Common Carrier, Insurance

— Civil Law, Mercantile Law —

American Home Assurance vs. CA GR 94149, 5 May 1992 common carrier, insurance, Article 1733 of the Civil Code

October 6, 2017

FACTS:  American Home Assurance Co. and the National Marine Corporation (NMC) are foreign corporations licensed to do business in the Philippines. On or about 19 June 1988, Cheng Hwa Pulp Corporation shipped 5,000 bales (1,000 ADMT) of bleached kraft pulp from Haulien, Taiwan on board “SS Kaunlaran”, which is owned and operated by NMC. The… Read More American Home Assurance vs. CA GR 94149, 5 May 1992 common carrier, insurance, Article 1733 of the Civil Code

— Civil Law, Mercantile Law —

National Steel vs. CA G.R. No. 112287 December 12,1997 VLASONS SHIPPING, INC. vs. CA AND NATIONAL STEEL CORPORATION G.R. No. 112350. December 12, 1997 Article 1732 of the Civil Code, Article 361 of the Code of Commerce, Article 362 of the Code of Commerce, common carrier, transportation

October 6, 2017

  FACTS: The MV Vlasons I is a vessel which renders tramping service and, as such, does not transport cargo or shipment for the general public. Its services are available only to specific persons who enter into a special contract of charter party with its owner. The ship is a private carrier, and it is… Read More National Steel vs. CA G.R. No. 112287 December 12,1997 VLASONS SHIPPING, INC. vs. CA AND NATIONAL STEEL CORPORATION G.R. No. 112350. December 12, 1997 Article 1732 of the Civil Code, Article 361 of the Code of Commerce, Article 362 of the Code of Commerce, common carrier, transportation

— Civil Law —

Republic vs.  Encelan, G.R. No. 170022, Jan. 9, 2013 Art. 36 of the Family Code, psychologically incapacity

October 6, 2017

  FACTS:  In its June 5, 2002 decision,  the RTC declared Cesar’s marriage to Lolita void, finding sufficient basis to declare Lolita psychologically incapacitated to comply with the essential marital obligations. The petitioner, through the OSG, appealed to the CA. The OSG argues that Dr. Flores’ psychological evaluation report did not disclose that Lolita had… Read More Republic vs.  Encelan, G.R. No. 170022, Jan. 9, 2013 Art. 36 of the Family Code, psychologically incapacity

— Civil Law, Political Law —

QUIAO vs. QUIAO, et. al. G.R. No 176556 July 4, 2012 due process, Family Code, vested right

October 6, 2017

FACTS: Respondent Rita C. Quiao filed a complaint for legal separation against petitioner Brigido B. Quiao. Subsequently, the RTC rendered a Decision granting the same and custody of the minor children were awarded to Rita. Their property as enumerated was to be divided among the spouses equally subject to the respective legitimes of the children and… Read More QUIAO vs. QUIAO, et. al. G.R. No 176556 July 4, 2012 due process, Family Code, vested right

— Civil Law —

HEIRS OF JOSE AMUNATEGUI vs. DIRECTOR OF FORESTRY G.R. No. L-27873. November 29, 1983 public domain, public forest land, Revised Administrative Code

October 6, 2017

FACTS: These are two petitions for review on certiorari questioning the decision of the CA which declared the disputed property as forest land, not subject to titling in favor of private persons. These petitions have their genesis in an application for confirmation of imperfect title and its registration filed with the Court of First Instance… Read More HEIRS OF JOSE AMUNATEGUI vs. DIRECTOR OF FORESTRY G.R. No. L-27873. November 29, 1983 public domain, public forest land, Revised Administrative Code

— Civil Law —

NIKKO HOTEL MANILA GARDEN and RUBY LIM vs. ROBERTO REYES, a.k.a. “AMAY BISAYA” G.R. No. 154259 February 28, 2005 Abuse of Rights, Article 19, Article 20, Article 21 Civil Code, damages, doctrine of volenti non fit injuria

October 6, 2017

    NIKKO HOTEL MANILA GARDEN and RUBY LIM vs. ROBERTO REYES, a.k.a. “AMAY BISAYA” G.R. No. 154259 February 28, 2005   FACTS:   Reyes, more popularly known by the screen name “Amay Bisaya,” alleged that while he was having coffee at the lobby of Hotel Nikko, Mrs. Filart, his friend of several years, approached… Read More NIKKO HOTEL MANILA GARDEN and RUBY LIM vs. ROBERTO REYES, a.k.a. “AMAY BISAYA” G.R. No. 154259 February 28, 2005 Abuse of Rights, Article 19, Article 20, Article 21 Civil Code, damages, doctrine of volenti non fit injuria

— Civil Law —

CORPUZ vs. STO. TOMAS ART. 26 Family Code G.R. No. 186571 August 11, 2010 Article 26 of the Family Code, recognition of a foreign divorce decree

October 5, 2017

FACTS: Petitioner Gerbert Corpuz was a former Filipino citizen who acquired Canadian citizenship married respondent Daisilyn Sto. Tomas, a Filipina, in Pasig City. Gerbert left for Canada soon after the wedding. When he returned to the Philippines and discovered that his wife was having an affair with another man, he filed a petition for divorce before… Read More CORPUZ vs. STO. TOMAS ART. 26 Family Code G.R. No. 186571 August 11, 2010 Article 26 of the Family Code, recognition of a foreign divorce decree