G.R. No. 118127 – 455 SCRA 308 – Political Law – Constitutional Law – Police Power On 30 Mar 1993, Mayor Lim signed into law Ord 7783 entitled AN ORDINANCE PROHIBITING THE ESTABLISHMENT OR OPERATION OF BUSINESSES PROVIDING CERTAIN FORMS OF AMUSEMENT, ENTERTAINMENT, SERVICES AND FACILITIES IN THE ERMITA-MALATE […]
Yearly Archives: 2010
282 posts
G.R. No. 122846 – 576 SCRA 416 – Political Law – Constitutional Law – Police Power – Not Validly Exercised – Infringement of Private Rights On 3 Dec 1992, then Mayor Lim signed into law Ord 7774 entitled “An Ordinance prohibiting short time admission in hotels, motels, lodging houses, […]
G.R. NO. 160026 – 539 SCRA 564 – Civil Law – Credit Transactions – Credit Card – Credit Card Fees – Interest Rate – Penalty Edmerito Gobonseng subscribed for a credit card with Unibancard Corporation. The credit limit was P10k a month. The terms of the subscription are: that […]
G.R. Nos. 82282-83 – 167 SCRA 815 – Civil Law – Credit Transactions – Continuing Surety In 1980, Dynetics Inc., through its president, acquired a P25M export loan from Security Bank. In 1982, a credit accommodation (SWAP loan) was opened by Security Bank in favor of Dynetics allowing it […]
They are: (1) the existence of a previous valid obligation; (2) the agreement of all parties to the new contract; (3) the extinguishment of the old contract; and (4) the validity of the new one.
Novation may either be express, when the new obligation declares in unequivocal terms that the old obligation is extinguished; or implied, when the new obligation is on every point incompatible with the old one. Express novation takes place when the contracting parties expressly disclose that their object in making […]
Novation is made either by changing the object or principal conditions, referred to as an objective or real novation; or by substituting the person of the debtor or subrogating a third person to the rights of the creditor, which is known as subjective or personal novation. In both objective […]
The extinguishment of an obligation by the substitution or change of the obligation by a subsequent one which extinguishes or modifies the first is a novation.
G.R. No. 135046 – 371 Phil. 533 – 312 SCRA 611 (110 SCAD 964) – Civil Law – Obligations and Contracts – Interest – Extinction of Obligations; Novation – CB Circular 905In 1978, Spouses Laarni and Florante Bautista, acquired a loan (abt. P100k) from Apex Corp. The spouses executed […]
In a contract of adhesion, stipulations therein are unilaterally prepared and imposed by a party on a take-it-or-leave-it basis. A contract of adhesion is “as binding as ordinary contracts, the reason being that the party who adheres to the contract is free to reject it entirely. Once agreed upon […]
G.R. No. 164159 – 554 Phil. 591 – 527 SCRA 727 – Civil Law – Obligations and Contracts – Dacion en Pago – Indebtedness – CB Circular 905 – Interest Rate In 1988, Honorio Bulos, Jr., Atty. Tabalingcos and Dr. Lim incurred a P2.5M loan from Koji Yasuma, a […]
G.R. No. 147748 – 521 Phil. 549 – 487 SCRA 423 – Mercantile Law – Law on Insurance – Contract of Adhesion – Contract Binds Parties – Pre-Need Plan – when insurance may not pay Visitacion Gaw bought a transferable pre-need plan from Pacific Plans in 1982. The plan […]
G.R. No. 123298 – 462 Phil. 172 – 416 SCRA 491 – Criminal Law – Book I – Mitigating Circumstances – Minority as a Defense – No Certificate of Birth Calpito was convicted of murder by the regional trial court. On November 21, 1990, Calpito robbed and killed […]
Republic of the Philippines Congress of the Philippines Metro Manila 12th Congress Second Regular Session Begun held in Metro Manila on Monday, the Twenty-Second day of July, Two Thousand Two Republic Act No. 9208 May 26, 2003 AN ACT TO INSTITUTE POLICIES […]
G.R. No. 158026 – 575 Phil. 498 – 552 SCRA 545 – Civil Law – Credit Transactions – Mortgage – Interest – Penalty Apart from Interest Spouses Armando and Dorie Nicolas bought a parcel of land in Bulacan from Del Nacia via an Agreement. It was agreed that the […]
G.R. No. 178449 – 590 Phil. 827 – 569 SCRA 814 – Civil Law – Credit Transactions – Mortgage – Period of Redemption In 1974, the company co-owned by Tan, acquired a P250k loan from Metrobank. In 1976, the same company acquired another P150k loan from Metrobank. In 1979, […]