K A S U N D U A N Ang kasunduang ito ay ginawa at nilagdaan ng dalawang panig ngayong ika- ______ ng __________, taong 2013, dito sa _______________________, Baguio City, nina Gng. Juana Dela Cruz (GNG. Dela Cruz), biyuda, may sapat na gulang, Filipino, at naninirahan sa _____________________________________, […]
Yearly Archives: 2014
101 posts
G.R. No. 137792 – 456 Phil. 127 – Civil Law – Credit Transactions – Real Mortgage – Judicial Foreclosure – No right of redemption in judicial foreclosure Remedial Law – Civil Procedure – Special Civil Actions – Judicial Foreclosure – Right of Redemption vs Equity of Redemption The spouses […]
G.R. No. 138569 – 457 Phil. 688 – 410 SCRA 562 – Civil Law – Torts and Damages – Liabilities of banks for the negligence of their employees – Unauthorized Withdrawal Civil Law – Obligations and Contracts – Relationship between bank and depositor – Simple Loan L.C. Diaz and […]
G.R. Nos. L-12306-7 – 113 Phil. 459 – Mercantile Law – Transportation Laws – Certificate of Public Convenience – Requirement for Financial Stability of Franchise Operators In 1955, Rosa Fariñas filed an application for the registration of 5 passenger trucks. This is in addition to the 4 other trucks already […]
G.R. No. L-19153 – 43 Phil. 597 – Taxation Law – Estate Tax – Deductions – Judicial Expenses Civil Law – Succession – Deductions from the Estate In August 1921, Carmen Johannes died leaving an estate of about P109k deposited in the Philippine National Bank. At the time of […]
G.R. No. 190341 – 661 Phil. 281 – Remedial Law – Evidence – Testimonial Evidence – Hearsay Rule – Exceptions; Res Gestae – Startling Event In the morning of June 29, 2004 Amalia was told by her mother to look for her sister Alice. Alice was an 18 years […]
What is the Judicial Affidavit Rule? The Judicial Affidavit Rule (A.M. No. 12-8-8-SC), promulgated on September 4, 2012 and made effective on January 1, 2013, is a procedural innovation which has the ultimate aim of decongesting court dockets by replacing the direct testimony of parties and witnesses in court […]
G.R. No. 176579 – 668 Phil. 1 / 696 Phil. 276 – 652 SCRA 690 / 682 SCRA 397 – Mercantile Law – Corporation Law – Capital – What “capital” means In 1928, the Philippine Long Distance Telephone Company (PLDT) was granted a franchise to engage in the business […]
G.R. No. 183908 – 622 Phil. 832 – 607 SCRA 796 – Labor Law – Labor Relations – Seafarers – Permanent Total Disability – Physician’s Findings In 2002, Joelson Iloreta was hired as a seaman aboard a foreign ship (MS Nautilus) operated by Norbulk Shipping U.K., Ltd. He was hired […]
G.R. No. 183896 – 702 Phil. 578 – 689 SCRA 646 (109 O.G. 7469) – Civil Law – Persons and Family Relations – Marriage – Bigamy – Void Ab Initio Marriage – Lack of a Marriage License Remedial Law – Evidence – Probative Value – Public Records In January […]
G.R. No. 201061 – 713 Phil. 502 – 700 SCRA 702 – Civil Law – Persons and Family Relations – Marriage – Bigamy – Non-existent marriage In September 1979, Benjamin Bangayan, Jr. married Azucena Alegre. In 1982, while Alegre was outside the Philippines, Benjamin developed a romantic relationship with […]
G.R. No. 157917 – 693 Phil. 373 – 679 SCRA 208 – Mercantile Law – Transportation Law – Common Carrier – Private School Transport are Common Carriers Civil Law – Torts and Damages – Heirs of a high school student may be awarded damages for loss income In June […]
G.R. No. 127181 – 416 Phil. 774 – 364 SCRA 375 – Mercantile Law – Corporation Law – Veil of Corporate Fiction – Corporate Name In 1980, ECO Management Corporation (ECO) obtained loans amounting to about P26 million from Land Bank. ECO defaulted in its payment but in 1981, […]
G.R. No. 113907 – 383 Phil. 329 / 409 Phil. 61 – 326 SCRA 428 / 357 SCRA 77 – Mercantile Law – Corporation Law – Veil of Corporate Fiction – Illegal Dismissal Cases In February 1990, M. Greenfield, Inc. (MGI), through its officers Saul Tawil, Carlos Javelosa, and […]
G.R. No. 148848 – 455 Phil. 734 – 408 SCRA 315 – Mercantile Law – Corporation Law – Doctrine of Separate Identity – Veil of Corporate Fiction Antonio Murillo is the majority owner of Insular Builders, Inc. His son, Rodolfo Murillo is the manager thereof. Rodolfo also owns a […]
G.R. No. 138104 – 430 Phil. 443 – 380 SCRA 617 – Mercantile Law – Corporation Law – License Requirement – Foreign Corporation – Being an assignee does not automatically mean “doing business” Marcopper Mining Corporation was unable to pay its loans from the Asian Development Bank (ADB). Later, […]