G.R. No. 113899 – 316 SCRA 677 – Mercantile Law – Law on Insurance – Parties to an Insurance Contract – Concealment There was an existing group life insurance executed between Great Pacific Life Assurance (Grepalife) and the Development Bank of the Philippines (DBP). Grepalife agreed to insure the […]
Monthly Archives: November 2011
G.R. No. 30067 – 53 Phil. 55 – Civil Law – Law on Property – Avulsion vs Alluvium – Accessio Natural In 1904, Maria Concepcion Cañas obtained a Torrens title over a large parcel of land (5,122 hectares) situated near the Marikina (then Mariquina) River. On the opposite side of […]
G.R. No. L-3032 – 87 Phil. 460 – Mercantile Law – Insurance Law – Characteristics of an Insurance Contract – Premium Payments – Insurance Contract in Times of War – US Rule (Statham Rule) – Time is of the essence In February 1934, Juan Carrero was issued an insurance […]
G.R. No. L-11658 – 37 Phil. 644 – Civil Law – Law on Property – Multiple Sale to Different Vendees – Real vs Personal Property In 1913, Compania Agricola Filipina (CAF) was indebted to two personalities: Leung Yee and Frank L. Strong Machinery Co. CAF purchased some rice cleaning […]
G.R. NO. 158227 – 473 SCRA 372 – Civil Law – Law on Sales – Contract to Sell vs Contract of Sale Civil Law – Obligations and Contracts – Positive Suspensive Condition Project Movers Realty and Development Corporation (PMRDC) owe P200M to Keppel Bank Philippines, Inc. By way of dacion […]
G.R. No. L-23542 – 22 SCRA 1 – Labor Law – Labor Standards; Wages – Minimum Wage Law – Minimum Wage Law is Mandatory Manuel Racho was a market cleaner in the municipality of Ilagan, Isabela, from 1954 to January 1960. At the time of his retirement, he was earning […]
G.R. No. L-45459 – 64 Phil. 201 – Political Law – Separation of Church and State – Religious Freedom Political Law – Constitutional Law – The Legislative Department – Powers of Congress – Power of Appropriation – Appropriation for religious purposes not allowed The 33rd International Eucharistic Congress organized […]
G.R. No. L-10405 – 110 Phil. 331 – Political Law – Constitutional Law – The Legislative Department – Legislative Powers; Power of the Purse – Appropriation For Private Use Not Allowed In 1953, Republic Act No. 920 was passed. This law appropriated P85,000.00 “for the construction, reconstruction, repair, extension […]
G.R. No. 129742 – 295 SCRA 470 – Political Law – The Judiciary – Powers of the Judiciary – Appellate Power of the Supreme Court may not be expanded by Congress Remedial Law – Civil Procedure – Rule 43 – Appeal from Decisions of Quasi-Judicial Bodies; Appeal from decisions […]
G.R. No. L-22814 – 24 SCRA 789 – Political Law – Municipal Corporations – Power to Tax – Municipal Corporations cannot impose import duties Taxation – Basic Principles – Uniformity in Taxation In 1960, Ordinance No. 110 was passed in Butuan. It was later amended by Ordinance 122. This Ordinance […]
G.R. No. 101273 – 211 SCRA 219 – Political Law – Constitutional Law – The Executive Department – Powers of the President – Congress Authorizing the President to Tax In November 1990, President Corazon Aquino issued Executive Order No. 438 which imposed, in addition to any other duties, taxes […]
71 Phil. 547 – Political Law – Powers of the State; Power to Tax – Exemption From Taxation – Assessment vs Tax In 1937, an ordinance (Ordinance No. 137: Special Assessment List, City of Baguio) was passed in the City of Baguio. The said ordinance sought to assess properties […]
G.R. No. L-49336 – 107 SCRA 104 – Political Law – Powers of the State – Power of Taxation – Church’s Exemption From Taxes The Province of Abra sought to tax the properties of the Roman Catholic Bishop, Inc. of Bangued. Judge Harold Hernando dismissed the petition of Abra […]
G.R. No. L-65917 – 154 SCRA 225 – Political Law – Constitutional Law – The Legislative Department – Powers of Congress – Power of the Purse – Appropriation Dr. Francisco Perez, the City Health Officer of San Pablo City, was named “Outstanding Health Worker” in 1980. Being an awardee, […]
G.R. No. L-1669; G.R. No. L-1670 – 87 Phil. 248 – Mercantile Law – Law on Insurance – Premium Payment – Insurance Contract in Times of War – Premium Payment not excused by war There were two cases consolidated here. First was that of Arcadio Constantino who acquired a life […]
G.R. No. L-2294 – 89 Phil. 54 – Mercantile Law – Law on Insurance – Parties to an Insurance Contract – Insured Enemy In October 1941, Christern, Huenefeld, and Company, a German company, obtained an insurance policy from Filipinas Compañia for the former’s merchandise contained in a building located […]