Uber Digests | Civil Law
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Civil Law

Jose Gabucan vs Judge Luis Manta

A notarial will must have a documentary stamp Without a documentary stamp, it is not admissible in evidence in a probate proceeding At any rate, the documentary stamp may […]

November 8, 2015

Veronica Alcazar vs Rey Alcazar

603 SCRA 604 – Civil Law – Persons and Family Relations – Family Code – Article 36; Psychological Incapacity – Sexual Infidelity Per Se is not Psychological Incapacity Article 45 […]

June 27, 2015

Edelina Ando vs Department of Foreign Affairs

G.R. No. 195432 – Civil Law – Persons and Family Relations – Foreign Divorce; how recognized Remedial Law – Evidence – Foreign Divorce; Must be proven as a matter of […]

June 25, 2015

Gerbert Corpuz vs Daisylyn Sto. Tomas

628 SCRA 266 – Civil Law – Persons and Family Relations – Family Code – Article 26; Effect of Foreign Divorce Remedial Law – Evidence – Presumptive Evidence – Foreign […]

June 25, 2015

Valerio Kalaw vs Ma. Elena Fernandez (2015)

G.R. No. 166357 – Civil Law – Persons and Family Relations – Family Code – Article 36; Psychological Incapacity – Gambling in the Presence of One’s Children Testimonies of Expert […]

June 19, 2015

Valerio Kalaw vs Ma. Elena Fernandez (2011)

657 SCRA 822 – Civil Law – Persons and Family Relations – Family Code – Article 36; Psychological Incapacity – Totality of Evidence Burden of proving psychological incapacity is on […]

June 18, 2015

Republic of the Philippines vs Rodolfo De Gracia

G.R. No. 171557 – Civil Law – Persons and Family Relations – Family Code – Article 36; Psychological Incapacity – Personal Evaluation by Psychologist – Need for Independent Evidence to […]

June 17, 2015

Alain Diño vs Ma. Caridad Diño

640 SCRA 178 – Civil Law – Persons and Family Relations – Family Code – Article 36; Psychological Incapacity Article 147 – Co-ownership as property regime – how property should […]

June 16, 2015

Jose Ochosa vs Bona Alano

640 SCRA 517 – Civil Law – Persons and Family Relations – Family Code – Article 36; Psychological Incapacity – Juridical Antecedence Sexual Infidelity and Abandonment are not per se […]

June 15, 2015

Jocelyn Suazo vs Angelito Suazo

615 SCRA 154 – Civil Law – Persons and Family Relations – Family Code – Article 36; Psychological Incapacity – Drunkenness, Indolence, Physical Violence Not Necessarily Psychological Incapacity In 1985, […]

June 14, 2015

Jordan Paz vs Jeanice Paz

613 SCRA 195 – Civil Code – Persons and Family Relations – Family Code – Article 36; Psychological Incapacity – Proof of Psychological Incapacity When personal examination by psychologist is […]

June 13, 2015

Republic of the Philippines vs Court of Appeals and Roridel Molina

268 SCRA 198 (335 Phil. 664) – Civil Law – Persons and Family Relations – Family Code – Article 36; Psychological Incapacity Guidelines in Applying Article 36 of the Family Code […]

June 12, 2015

Rodolfo Aspillaga vs Aurora Aspillaga

604 SCRA 444 – Civil Law – Family Code – Article 36; Psychological Incapacity – Gravity, Juridical Antecedence, Incurability In 1977, Rodolfo Aspillaga and Aurora Apon met each other in […]

June 10, 2015

Marieta Azcueta vs Republic of the Philippines

588 SCRA 196 – Civil Law – Family Code – Article 36; Psychological Incapacity – Dependent Personality Disorder Expert Opinion by Psychologist Must Be Considered as Decisive Evidence In 1993, […]

June 9, 2015

Benjamin Ting vs Carmen Velez-Ting

582 SCRA 694 – Civil Law – Family Code – Article 36; Psychological Incapacity Personal Examination by Psychologist Not a Condition Sine Qua Non Note: This reinforced the case of Te […]

June 7, 2015

Republic of the Philippines vs Laila Tanyag-San Jose

517 SCRA 123 – Civil Law – Family Code – Article 36; Psychological Incapacity – Joblessness and Irresponsibility is not Psychological Incapacity When examination of the alleged psychologically incapacitated spouse […]

June 6, 2015

Republic of the Philippines vs Lolita Quintero-Hamano

428 SCRA 735 – Civil Law – Family Code – Article 36 – Psychological Incapacity – Irresponsibility; Abandonment In 1986, Lolita Quintero and Toshio Hamano met in Japan. They had […]

June 5, 2015

Lorna Guillen Pesca vs Zosimo Pesca

356 SCRA 588 (408 Phil. 713) – Civil Law – Family Code – Article 36; Psychological Incapacity – Emotional Immaturity and Irresponsibility Are Not Psychological Incapacity In 1975, Lorna Guillen […]

June 4, 2015

Evelyn Ong vs Court of Appeals

356 SCRA 768 – Civil Law – Land Titles and Deeds – Land Ownership – Prescription – Indefeasibility of Title In 1985, Avelina, Amelia, Camilo, Pedro, and Darius, all surnamed […]

June 4, 2015

Brenda Marcos vs Wilson Marcos

343 SCRA 755 (397 Phil. 840) – Civil Law – Family Code – Article 36; Psychological Incapacity – Molina Guidelines – Psychological Test Requirement Wilson and Brenda were military personnel […]

June 3, 2015

Estrellita Juliano-Llave vs Republic of the Philippines

 646 SCRA 637 – Civil Law – Family Code – Article 35 – Nullity of Marriage – Bigamy Annulment of Marriage – Collusion – Participation of the Solicitor General Who […]

June 2, 2015

Salvador Abunado vs People of the Philippines

426 SCRA 562 – Civil Law – Family Code – Article 35 – Bigamy – Prejudicial Question Remedial Law – Criminal Procedure – Prejudicial Question In 1967, Narcisa Arceño married Salvador […]

June 1, 2015

Minoru Fujiki vs Maria Paz Marinay

700 SCRA 69 – Civil Law – Family Code – Decree of Absolute Nullity of Marriage – Who May File – Bigamy Remedial Law – Special Proceedings – Rule 108 – Declaration […]

May 31, 2015

Mateo Cariño vs The Insular Government (February 1909)

212 U.S. 449 (41 Phil. 935) – Civil Law – Land Titles and Deeds – Ancestral Domain – Ancestral Land Claim Political Law – Regalian Doctrine – Due Process – Property Rights […]

November 23, 2014

Mateo Cariño vs The Insular Government (March 1907)

8 Phil. 150 – Civil Law – Land Titles and Deeds – Ancestral Domain – Ancestral Land Claim Political Law – Regalian Doctrine In February 1904, Mateo Cariño filed a claim before […]

November 23, 2014

Elena Morente vs Gumersindo De La Santa

9 Phil 387 – Civil Law – Wills and Succession – Conditions on the Institution of Heirs – Prohibition to Remarry Sometime in the early 1900s, Consuelo Morente died leaving […]

September 14, 2014

In the Matter of the Intestate Estate of Ismael Reyes vs Cesar Reyes

345 SCRA 541 – Civil Law – Wills and Succession – Jurisdiction of the Probate Court The spouses Ismael and Felisa Reyes owned two parcels of land (Lot A and […]

September 13, 2014

Johnny Rabadilla vs Court of Appeals

334 SCRA 522 – Civil Law – Succession – Transmissible Obligations A certain Aleja Belleza died but he instituted in his will Dr. Jorge Rabadilla as a devisee to a […]

September 11, 2014

Federico Serra vs Court of Appeals

229 SCRA 60 – Civil Law – Contracts – Option Contract – Consideration Distinct from the Price In 1975, a “Lease Contract with Option to Buy” was executed between Federico […]

September 10, 2014

Nikko Hotel Manila Garden vs Roberto Reyes

452 SCRA 532 – Civil Law – Human Relations – Abuse of Rights – Volenti Non Fit Injuria One evening in October 1994, an exclusive party was being held at […]

September 1, 2014

Emeterio Cui vs Arellano University

112 Phil. 135 – Civil Law – Effect and Application of Laws – Waiver of Rights Emeterio Cui was a law student at the Arellano University. He finished the first […]

August 30, 2014

Ignacio Wong vs Judge Lucas Carpio

203 SCRA 118 – Civil Law – Property – Possession; can’t be recognized in two persons at the same time Ejectment – Force, Intimidation, Threat, Strategy, or Stealth In 1972, […]

May 6, 2014

Andrea Tabuso vs Court of Appeals

G.R. No. 108558 – Civil Law – Property – Possession – Possession by Tolerance In 1923, Maria Montes donated an unregistered parcel of land, 11,927 sq. m. in size, to […]

May 5, 2014

Spouses Rafael and Avelina Benitez vs Court of Appeals

266 SCRA 242 – Civil Law – Property – Accession Natural – Owner in Good Faith; Builder in Bad Faith – Right of Pre-emption In July 1989, the spouses Renato […]

May 4, 2014

Francisco Depra vs Agustin Dumlao

136 SCRA 475 – Civil Law – Property – Accession Industrial – Builder in Good Faith; Owner in Good Faith – Forced Lease Remedial Law – Res Judicata – Unlawful […]

May 3, 2014

Damian Ignacio vs Elias Hilario

76 Phil 605 – Civil Law – Property – Accession Industrial – Builder in Good Faith; Owner in Good Faith Sometime during the 1940s in Pangasinan, a civil suit arose […]

May 2, 2014

German Management and Services, Inc. vs Court of Appeals

177 SCRA 495 – Civil Law – Property – Doctrine of Self-Help In February 1982, the spouses Manuel and Cynthia Jose contracted with German Management and Services, Inc. for the latter […]

May 1, 2014

James Capili vs People of the Philippines

700 SCRA 443 – Civil Law – Family Code – Void Marriages – A Void 2nd Marriage is not a Defense in Bigamy Criminal Law – Bigamy – Elements In […]

May 1, 2014

Vincent Mercado vs Consuelo Tan

337 SCRA 122 (391 Phil. 809) – Civil Law – Family Code – Void Marriages – Need for Judicial Declaration of Nullity Before Remarriage Criminal Law – Bigamy – Elements […]

May 1, 2014

Continental Steel Manufacturing Corporation vs Voluntary Arbitrator Allan Montaño

603 SCRA 621 – Labor Law – Labor Standards – Death Benefits for the Death of a Dependent – A Fetus is a Dependent Civil Law – Civil Personality – […]

April 26, 2014

Arturo Flores vs Spouses Enrico and Edna Lindo

648 SCRA 772 – Civil Law – Family Code – Ownership, Administration, Enjoyment, and Disposition of Conjugal Property Mortgage of Real Property – Mutually Exclusive Remedies In October 1995, Edna […]

April 25, 2014

Dionisio Calibo, Jr. vs Court of Appeals

Civil Law – Pledge – Deposit – Agency In 1985, Mike Abella rented a house owned by Atty. Dionisio Calibo, Jr. Meanwhile, Dr. Pablo Abella, Mike’s father, entrusted to Mike […]

April 19, 2014

Radio Communications of the Philippines vs Court of Appeals

195 SCRA 147 – Civil Law – Torts and Damages – Award of Exemplary Damages In January 1983, the spouses Flores and Minerva Timan sent a telegram to their relatives […]

March 21, 2014

Dario Nacar vs Gallery Frames

703 SCRA 439 – Civil Law – Torts and Damages – Actual and Compensatory Damages – Legal Rate of Interest is now 6% Labor Law – Labor Relations – Illegal […]

March 12, 2014

Jose Amadora vs Court of Appeals

Civil Law – Torts and Damages – Article 2180 – Liability of Schools of Arts and Trades and Academic Schools – Liability of Teachers and Heads of School In April […]

March 5, 2014

Air France vs Rafael Carrascoso

Civil Law – Torts and Damages – Negligence – Malfeasance – Quasi-Delict Remedial Law – Evidence – Hearsay Rule – Res Gestae – Startling Event In March 1958, Rafael Carrascoso […]

March 4, 2014

Spouses Ricardo Rosales and Erlinda Sibug vs Spouses Alfonso and Lourdes Suba

Civil Law – Secured Transactions – Real Mortgage – Judicial Foreclosure – No right of redemption in judicial foreclosure Remedial Law – Civil Procedure – Special Civil Actions – Judicial […]

March 2, 2014

Consolidated Bank and Trust Corporation vs Court of Appeals and L.C. Diaz and Company, CPA’s

Civil Law – Secured Transactions – Simple Loan – Relation between bank and depositor L.C. Diaz and Company (LC Diaz), an accounting firm, has a savings account with Consolidated Bank […]

February 25, 2014

B.E. Johannes vs Judge Carlos Imperial

Taxation – Estate Tax – Deductions – Judicial Expenses Civil Law – Succession – Deductions from the Estate In August 1921, Carmen Johannes died leaving an estate of about P109k […]

February 20, 2014

Syed Azhar Abbas vs Gloria Goo-Abbas

689 SCRA 646 (109 OG 7469) – Civil Law – Family Code – Bigamy – Void Ab Initio Marriage – Lack of a Marriage License Remedial Law – Evidence – […]

February 12, 2014
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