G.R. No. 102942 – 338 Phil. 105 – 271 SCRA 391 – Remedial Law – Criminal Procedure – Answer with Counterclaim in Criminal Case Not Allowed In 1991, Amado Cabaero and one other was sued for estafa by Epifanio Ceralde. After Cabaero was arraigned, he filed an Answer with […]
Monthly Archives: June 2015
26 posts
A.C. No. 9615 – 705 Phil. 321 – 692 SCRA 348 – Legal Ethics – Duty To Return Client’s Fund In 2003, Gloria Jinon engaged the services of Atty. Leonardo Jiz to help her recover a land title from her sister-in-law. Jinon paid Atty. Jiz Php17,000.00 as acceptance fee. After […]
A.C. No. 10579 – 749 Phil. 576 – 744 SCRA 242 – Legal Ethics – Borrowing From Clients Not Appropriate Civil Claims Cannot Be Litigated in a Disbarment Suit In 2009, Erlinda Foster engaged the services of Atty. Jaime Agtang in a realty dispute in Ilocos Norte. Agtang’s acceptance […]
G.R. No. 136975 – 494 Phil. 306 – 454 SCRA 301 – Taxation Law – Tax Collection – Assessment Remedial Law – Evidence – Documentary Evidence Best Evidence Rule in Taxation vs Best Evidence Rule under the Rules of Court In 1989, an informant informed the Counter-Intelligence Division of the […]
G.R. No. 174451 – 618 Phil. 616 – 603 SCRA 604 – Civil Law – Persons and Family Relations – Family Code – Marriage; Void Marriages – Article 36; Psychological Incapacity – Sexual Infidelity Per Se is not Psychological Incapacity Article 45 – Failure to Consummate the Marriage In […]
G.R. No. L-34840 – 200 Phil. 583 – 115 SCRA 193 – Remedial Law – Rule 141 – Payment of Docket Fees Civil Procedure – Pleadings – Amendments In September 1970, Mario Magaspi et al filed a civil complaint against The Shell Co. of the Philippines (Shell) for recovery […]
G.R. No. 195432 – 742 Phil. 37 – Civil Law – Persons and Family Relations – Family Code – Article 26; Foreign Divorce; how recognized Remedial Law – Evidence – Foreign Divorce; Must be proven as a matter of fact In 2001, Edelina Tungul married a Japanese citizen named Yuichiro […]
G.R. No. 186571 – 642 Phil. 420 – 628 SCRA 266 – Civil Law – Persons and Family Relations – Family Code – Marriage; Void Marriages – Article 26; Effect of Foreign Divorce Remedial Law – Evidence – Presumptive Evidence – Foreign Judgment; Divorce Civil Procedure – Rule 39 […]
G.R. No. 166357 – 750 Phil. 482 – 745 SCRA 512 – Civil Law – Persons and Family Relations – Family Code – Marriage; Void Marriages – Article 36; Psychological Incapacity – Gambling in the Presence of One’s Children Testimonies of Expert Witnesses as Evaluated by the Trial Court […]
G.R. No. 166357 – 673 Phil. 460 – 657 SCRA 822 – Civil Law – Persons and Family Relations – Family Code – Marriage; Void Marriages – Article 36; Psychological Incapacity – Totality of Evidence Burden of proving psychological incapacity is on the plaintiff In 1976, Valerio “Tyrone” Kalaw […]
G.R. No. 171557 – 726 Phil. 502 – 716 SCRA 8 – Civil Law – Persons and Family Relations – Family Code – Marriage; Void Marriages – Article 36; Psychological Incapacity – Personal Evaluation by Psychologist – Need for Independent Evidence to Prove Psychological Incapacity In 1969, Rodolfo De […]
G.R. No. 178044 – 655 Phil. 175 – 640 SCRA 178 – Civil Law – Persons and Family Relations – Family Code – Article 36; Psychological Incapacity Article 147 – Co-ownership as property regime – how property should be distributed after declaration of nullity In 1998, Alain Diño vs Ma. […]
G.R. No. 167459 – 655 Phil. 512 – 640 SCRA 517 – Civil Law – Persons and Family Relations – Family Code – Marriage; Void Marriages – Article 36; Psychological Incapacity – Juridical Antecedence Sexual Infidelity and Abandonment are not per se Psychological Incapacity In 1973, in only about […]
G.R. No. 164493 – 629 Phil. 157 – 615 SCRA 154 – Civil Law – Persons and Family Relations – Family Code – Article 36; Psychological Incapacity – Drunkenness, Indolence, Physical Violence Not Necessarily Psychological Incapacity In 1985, Jocelyn and Angelito Suazo met each other. They were just 16 […]
G.R. No. 166579 – 627 Phil. 1 – 613 SCRA 195 – Civil Law – Persons and Family Relations – Family Code – Article 36; Psychological Incapacity – Proof of Psychological Incapacity When personal examination by psychologist is necessary In 1996, Jordan Paz and Jeanice Pavon met. Jordan was […]
G.R. No. 108763 – 268 SCRA 198 (335 Phil. 664) – Civil Law – Persons and Family Relations – Family Code – Marriage – Void Marriages – Article 36; Psychological Incapacity Guidelines in Applying Article 36 of the Family Code In 1985, Roridel Olaviano married Reynaldo Molina. They begot one […]