G.R. No. L-65366 – 125 SCRA 553 – Political Law – Constitutional Law – Freedom of Speech – Primacy of the Constitution over International Law Retired Justice JBL Reyes in behalf of the members of the Anti-Bases Coalition sought a permit to rally from Luneta Park until the front gate […]
Howard
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Right to travel is not suspended during martial law A republican State under martial law must still abide by the Universal Declaration of Human Rights Basic constitutional rights are still protected during martial law G.R. No. L-53622 – 97 SCRA 121 – Political Law – Constitutional Law – Right to Travel […]
Endowment policy is type of life insurance policy which provides insurance cover and maturity benefits too. Basically, endowment plan is term insurance policy with maturity benefits. In case of demise of policyholder, the Sum Assured is paid to the beneficiary. On survival of policyholder, the accumulated amount along with bonuses […]
G.R. No. L-31845; G.R. No. L-31878 – 89 SCRA 543 – Mercantile Law – Insurance Law – Concealment – Insurance Contract as an Uberrima Fides Contract In March 1957, Ngo Hing filed an application for a 20-year endowment policy for the life of his one-year old daughter with the Great […]
G.R. No. 20341 – 45 Phil. 122 – Mercantile Law – Insurance Law – Insurable Interest – Mistake in the issuance of an insurance policy In March 1918, Domingo Garcia entered into an insurance contract with The Hong Kong Fire and Marine Insurance Co., Ltd. (HKFI). HKFI agreed to insure […]
G.R. No. L-9989 – 37 Phil. 781 – Civil Law – Law on Property – Easement – Right of Way – Public Highway Ramona Benedicto owns Hacienda Toreno which is located in Victorias, Negros Occidental. Two roads pass through the said hacienda: the Dacuman-Toreno Road and the Nanca-Victorias Road. For […]
G.R. No. 120132 – 250 SCRA 629 (321 Phil. 224) – Civil Law – General Principles – Social Justice – Urban Development and Housing Act of 1991 Remedial Law – Civil Procedure – Special Civil Actions – Ejectment – Ejectment of Informal Settlers – Urban Development and Housing Act of […]
G.R. No. 102380 – 217 SCRA 186 – Civil Law – Law on Property – Partition – Co-ownership – Sale of a Portion of an Estate Subject to Partition Remedial Law – Special Proceedings – Settlement of estate of deceased persons – Rule 89 – Approval of Sale involving portions […]
The rationale of a group insurance policy of mortgagors, otherwise known as the “mortgage redemption insurance,” is a device for the protection of both the mortgagee and the mortgagor. On the part of the mortgagee, it has to enter into such form of contract so that in the event of […]
G.R. No. 94699 – 205 SCRA 393 – Civil Law – Law on Property – Co-ownership – When is prescription not available for or against a co-owner In 1934, Bernarda Lim died and she left a parcel of land inherited in common by Sunglao et al (2), Querubin Cuevas et al […]
G.R. No. L-18046 – 10 SCRA 549 – Civil Law – Law on Property – Co-ownership – Equity – Rights of Co-owners Civil Law – General Principles – Retroactivity of Laws In 1917, Crispina Miranda acquired a title over a 590 sq. m. land in Biñan, Laguna. In 1924, she […]
G.R. No. L-30817 – 47 SCRA 161 – Civil Law – Law on Property – Article 559 – Right to Recover Personal Property – Unlawful Deprivation of Personal Property Lourdes Suntay was the owner of a 3 carat diamond ring valued at P5.5k (in 1962). In June 1962, Suntay entered […]
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 lives […]
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 the […]
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 policy […]
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 machines […]