G.R. No. 170452 – 584 Phil. 144 – 562 SCRA 146 – Civil Law – Credit Transactions – Interest Rate – Usurious Rates – 12% Per Annum Interest Rate – Central Bank Circular No. 905-82 – Legal Rate In February and March 1999 Salvador Chua and Violeta Chua loaned […]
Yearly Archives: 2010
282 posts
G.R. No. 137567 – 389 Phil. 447 – 334 SCRA 106 – Civil Law – Persons and Family Relations – Family Code – Marriage – Article 40 Criminal Law – Book II – Crimes Against Chastity – Concubinage – Void Marriage Not a Defense In 1973, Meynardo Beltran and […]
G.R. No. 165662 – 522 Phil. 671 – 489 SCRA 125 – Civil Law – Credit Transactions – Mortgage – Default – Mora Solvendi – Extrajudicial Foreclosure – Right of CreditorObligations and Contracts – Default On September 19, 1995, spouses Edgardo and Zenaida Angeles and Selegna Management and Development […]
G.R. No. 161793 – 598 Phil. 666 – 579 SCRA 193 – Civil Law – Family Code – Article 36: Psychological Incapacity – Molina Case Merely a GuidelineEvery case involving psychological incapacity must be resolved on a case-to-case basis Note: This case relaxed the application of the Molina Guidelines […]
G.R. No. 112019 – 310 Phil. 21 – 204 SCRA 20 – Civil Law – Persons and Family Relations – Marriage; Annulment of Marriage – Article 36: Psychological Incapacity Leouel Santos, a member of the Army, met Julia Rosario in Iloilo City. In September 1986, they got married. The couple […]
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 […]
G.R. No. 135830; G.R. No. 136035; G.R. No. 137743 – 508 Phil. 260 – 471 SCRA 266 – Civil Law – Family Code – Annulment of Marriage – Proper Party Teofilo Carlos and petitioner Juan De Dios Carlos were brothers who each had three parcels of land by virtue […]
G.R. No. 167523 – 578 Phil. 826 – 556 SCRA 272 – Civil Law – Persons and Family Relations – Family Code – Nullity of Marriage – Article 36: Psychological Incapacity In 1986, Nilda and Reynaldo met in a local bar where Nilda was a waitress. Because of his […]
G.R. No. L-33964 – 149 Phil. 547 – 42 SCRA 448 – Political Law – Constitutional Law – Abandonment of the Doctrine Held in the Barcelon Case and the Montenegro Case – Suspension of the privilege of the writ of habeas corpus not a political question Due to the […]
G.R. No. 79269 – 198 SCRA 130 – Criminal Law – Habeas Corpus – Right to Bail – Rebellion Rodolfo Salas aka NPA’s “Ka Bilog” was arrested and was charged for rebellion. He was charged together with the spouses Concepcion. Salas, together with his co-accused later filed a […]
REPUBLIC ACT No. 7941 AN ACT PROVIDING FOR THE ELECTION OF PARTY-LIST REPRESENTATIVES THROUGH THE PARTY-LIST SYSTEM, AND APPROPRIATING FUNDS THEREFOR Section 1. Title. This Act shall be known as the “Party-List System Act.” Section 2. Declaration of part y. The State shall promote proportional representation in the election […]
G.R. No. 2808 – 5 Phil. 87 – Political Law – Constitutional Law – Bill of Rights – Suspension of the Privilege of the Writ Habeas Corpus as a Political Question being a Prerogative by the President On 31 January 1905, then Governor-General Luke Wright issued a resolution suspending […]
Two Types of Due Process Procedural Due Process: Procedural due process refers to the procedures that the government must follow before it deprives a person of life, liberty, or property. Procedural due process concerns itself with government action adhering to the established process when it makes an intrusion into […]
In view of the requirements of due process, equal protection and other applicable constitutional guaranties, however, the exercise of such police power insofar as it may affect the life, liberty or property of any person is subject to judicial inquiry. Where such exercise of police power may be considered […]
POLICE POWER On the legislative organs of the government, whether national of local, primarily rest the exercise of the police power, which, it cannot be too often emphasized, is the power to prescribe regulations to promote the health, morals, peace, good order, safety and general welfare of the people. […]
President’s Power to Suspend the Privilege of the Writ of Habeas Corpus Two conditions are necessary in order that the President may suspend the privilege of the writ: 1. There must be invasion or rebellion; and 2. The public safety must require the suspension.