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 […]
Howard
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 […]
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 en […]
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 P60.00 […]
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 by […]
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 and […]
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 of […]
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 imposes […]
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 and […]