G.R. No. 176884 – 675 Phil. 713 – 659 SCRA 642 – Labor Law – Social Legislation – Permanent Total Disability; When present In May 2001, Carmelito Valenzona was recruited and hired by the Fair Shipping Corporation to work as an engineer for Sejin Lines Company Limited. He was assigned […]
Case Digest
G.R. No. 166562 – 601 Phil. 676 – 582 SCRA 694 – Civil Law – Personas and Family Relations – Family Code – Marriage – Void Marriages – Article 36; Psychological Incapacity Personal Examination by Psychologist Not a Condition Sine Qua Non Note: This reinforced the case of Te vs Te […]
G.R. No. 168328 – 545 Phil. 725 – 517 SCRA 123 – Civil Law – Persons and Family Relations – Family Code – Marriage – Void Marriages – Article 36; Psychological Incapacity – Joblessness and Irresponsibility is not Psychological Incapacity When examination of the alleged psychologically incapacitated spouse is needed […]
G.R. No. 149498 – 472 Phil. 807 – 428 SCRA 735 – Civil Law – Persons and Family Relations – Family Code – Marriage – Void Marriages – Article 36 – Psychological Incapacity – Irresponsibility; Abandonment In 1986, Lolita Quintero and Toshio Hamano met in Japan. They had a love […]
G.R. No. 136921 – 356 SCRA 588 (408 Phil. 713) – Civil Law – Persons and Family Relations – Family Code – Marriage – Void Marriages – Article 36; Psychological Incapacity – Emotional Immaturity and Irresponsibility Are Not Psychological Incapacity In 1975, Lorna Guillen and Zosimo Pesca met each other. […]
G.R. No. 142056 – 408 Phil. 894 – 356 SCRA 768 – Civil Law – Land Titles and Deeds – Land Ownership – Prescription – Indefeasibility of Title In 1985, Avelina, Amelia, Camilo, Pedro, and Darius, all surnamed Quiamco, through a public instrument, donated their properties to their elder sister […]
G.R. No. 136490 – 343 SCRA 755 (397 Phil. 840) – Civil Law – Persons and Family Relations – Family Code – Marriage – Void Marriages – Article 36; Psychological Incapacity – Molina Guidelines – Psychological Test Requirement Wilson and Brenda were military personnel working at the Malacañang. They got […]
G.R. No. 169766 – 662 Phil. 203 – 646 SCRA 637 – Civil Law – Persons and Family Relations – Family Code – Marriage – Void Marriages – Article 35 – Nullity of Marriage – Bigamy Remedial Law – Special Proceedings – Petition for Declaration of Void Marriage – Collusion – […]
G.R. No. 159218 – 470 Phil. 420 – 426 SCRA 562 – Civil Law – Persons and Family Relations – Family Code – Marriage – Void Marriages – Article 35 – Bigamy – Prejudicial Question Remedial Law – Criminal Procedure – Prejudicial Question In 1967, Narcisa Arceño married Salvador Abunado. Later, Arceño […]
G.R. No. 147387; G.R. No. 152161 – 463 Phil. 179 – 417 SCRA 503 – Political Law – Constitutional Law – The Legislative Department – How a Bill Becomes a Law – Bicameral Conference Committee – Enrolled Bill Doctrine Equal Protection Clause – Valid Classification Election Law – Appointive Officials […]
G.R. No. 168056 – 506 Phil. 1 – 469 SCRA 1 – Political Law – Constitutional Law – The Legislative Department – How a Bill Becomes a Law – Enrolled Bill Theory – Validity of the Bicameral Conference Committee In this case, the constitutionality of R.A. No. 9337 or the RVAT […]
G.R. No. 103200 – 236 SCRA 78 – Remedial Law – Civil Procedure – Motion to Dismiss – Grounds for Dismissal In 1989, a conflict between La Naval Drug Corporation and a certain Wilson Yao arose regarding a lease contract. Yao invoked a provision in the lease contract whereby pursuant to […]
G.R. No. 109957 – 324 Phil. 70 – 253 SCRA 705 – Remedial Law – Civil Procedure – Service of Summons – Voluntary Appearance In 1983, Joven Yasay filed an ejection case against Antonio Navale, Eligio Valdehueza, and several others. The Municipal Trial Court in Cities (in Cagayan de Oro) […]
G.R. No. 175241 – 627 Phil. 331 – 613 SCRA 518 – Political Law – Constitutional Law – Freedom of Expression – Clear and Present Danger Test – Modification of a Rally Permit Remedial Law – Criminal Procedure – Rule 111 – Prejudicial Question In June 2006, the Integrated Bar […]
G.R. Nos. 171947-48 – 574 SCRA 661 – Political Law – Elements of the State – Government – Ministerial vs Discretionary Functions – Mandamus Constitutional Law – Right to a Healthful Ecology Civil Law – Environmental Laws – Continuing Mandamus; When first applied in Philippine setting In 1999, the Concerned […]
G.R. No. L-24163 – 137 Phil. 745 – 27 SCRA 1090 – Legal Ethics – Attorney’s Fees; Right Thereto – Contingent Fees In 1964, Luis and Pablo Magtibay engaged the services of Atty. Regino Aro in a partition case. The Magtibays have no money to pay Atty. Aro and so a […]