G.R. No. 192971 – 823 Phil. 200 – 850 SCRA 209 – Civil Law – Law on Property – Prescription of Actions – Right to Foreclose – Commencement of Prescriptive Period Remedial Law – Civil Procedure – Manner of Making Allegations – Ultimate Facts – Specific Denial On 14 May […]
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14 posts
G.R. No. 131803 – 365 Phil. 354 – 305 SCRA 800 – Civil Law – Law on Property – Modes of Acquiring Ownership – Prescription; Ordinary Prescription Since 1939, Jose Marcelo has been in possession of a parcel of lot in Angat, Bulacan. In 1965, Jose died. In 1967, his […]
G.R. No. 109215 – 390 Phil. 740 – 335 SCRA 418 – Civil Law – Law on Property – Modes of Acquiring Ownership – Prescription; Acquisitive Prescription – Ten-Year Period In 1988, the Heirs of Roberto Cutanda filed a complaint for recovery of possession against Dominica Cutanda et al. The […]
G.R. No. 222166 – 873 Phil. 791 – Civil Law – Law on Property – Modes of Acquiring Ownership – Causes of Action – Reconveyance – Quieting of Title – Double Sale – Prescription In 1991, Mercedes Gatmaytan purchased a parcel of land located in Misibis, Albay from Oscar Garcia. […]
G.R. No. 155080 – 466 Phil. 894 – 422 SCRA 272 – Civil Law – Law on Property – Modes of Acquisition of Title – Acquisitive Prescription – Extraordinary Prescription In 1947, Fermina Calicdan donated a parcel of land to Silverio Cendaña. The land was owned by Sixto Calicdan, her […]
G.R. No. 142056 – 408 Phil. 894 – 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 Quiamco, through a public instrument, donated their properties to their elder sister […]
G.R. No. 161746 – 644 Phil. 15 – 629 SCRA 550 – Remedial Law – Special Proceedings – Settlement of Estate – Prescriptive Period – Fraud in Extrajudicial Settlement In May 1930, Antonio Feliciano died leaving behind a parcel of land. In 1972, an extrajudicial settlement was executed by Leona […]
G.R. No. 12611 – 38 Phil. 424 – Civil Law – Obligations and Contracts – Obligations of Parties – How Extinguished – Prescription In 1897, one Anastasio Cruz incurred a P2,730.50 loan from Marcela Mariño, wife of Felipe Agoncillo. Cruz however died. Later, in February 1904, the heirs of Cruz, […]
G.R. No. 178087 – 634 Phil. 314 – Taxation Law – NIRC Procedure – Tax Assessment – Prescription – Waiver of the Statute of Limitations – Estoppel In April 1999, Kudos Metal Corporation (KMC) filed its annual income tax return (ITR). In September 1999, the Bureau of Internal Revenue (BIR) […]
G.R. No. 168498 – 524 Phil. 524 – 491 SCRA 213 – Taxation Law – Prescription – Appeal to the Court of Tax Appeals On 5 July 2001, the Commissioner of Internal Revenue (CIR) issued a final assessment notice (FAN) to the Rizal Commercial Banking Corporation (RCBC) demanding a total […]
G.R. No. 164401 – 578 Phil. 262 – 555 SCRA 275 – Civil Law – Partnership – Prescription – Demand for an accounting – Oral Partnership In 1977, Chua and Jacinto Sunga verbally agreed to form a partnership for the sale and distribution of Shellane LPGs. Their business was very […]
G.R. No. 126334 – 422 Phil. 10 – 370 SCRA 431 – Civil Law – Partnership – Dissolution and Winding Up – Prescription Emilio Emnace, Jacinto Divinagracia and Vicente Tabanao formed a partnership engaged in the fishing industry. In 1986, Jacinto decided to leave the partnership hence they agreed to […]
G.R. No. 173775; G.R. No. 167707 – 568 SCRA 164 – Civil Law – Land Titles and Deeds – Regalian Doctrine – Land Classifications – Boracay Cases – Positive Act by the Government in Reclassifying Lands – No Acquisitive Prescription in Inalienable Lands These are two consolidated cases. G.R. No. […]
G.R. No. 175581 – G.R. No. 179474 – 573 Phil. 553 – 540 SCRA 435 – Civil Law – Persons and Family Relations – Family Code – Nullity of Marriage – Marriage License; When Not Required – Prescription of Filing Action for Annulment of Marriage Jose Dayot and Felisa Tecson […]