G.R. No. 105461 – 227 SCRA 723 – Mercantile Law – Negotiable Instruments Law – Purpose of BP 22 Marlyn Lazaro, a businesswoman, was paid by Rudy Chua a check worth P90,000.00 so that Lazaro may deliver goods ordered by Chua. Lazaro was only able to deliver P18,000.00 worth of […]
Case Digest
G.R. No. L-17641 – 13 SCRA 46 – Civil Law – Land Titles and Deeds – Land Covered by a Previous Title Datu Binasing was the owner of 4 parcels of land in Cotabato. He sold the 4 parcels of land to Soledad de Teruel in 1938. Soledad had the parcels […]
G.R. No. L-24771 – 33 SCRA 936 – Civil Law – Land Titles and Deeds – Consequence of Indefeasibility In 1916, a homestead patent was awarded to Carolina Aggasid for a parcel of land located in Solano, Nueva Vizcaya. The lot was later subdivided into two, Lot 984 and Lot 985. […]
G.R. No. 75336 – 166 SCRA 512 – Civil Law – Land Titles and Deeds – Indefeasibility of a Torrens Title; Purchase from one who procured title by FRAUD In 1927, Sixto Dumolong and his legal wife Isabel Marquez-Dumolong were awarded a parcel of land. Their marriage, however was not blessed by […]
G.R. No. L-52064 – 133 SCRA 718 – Civil Law – Land Titles and Deeds – Judgment Confirms Title – Only claimed portion/property can be adjudged Mariano De Vera died in 1951. His widow administered his property until her death in 1966. De Vera’s nephew (Salvador Estrada) took over as administrator […]
G.R. No. L-9401 – 30 Phil. 537 – Mercantile Law – Insurance Law – The Policy – Insurance as a Contract between Insurer and Insured Only In 1912, Placida Jose contracted with Mariano Barreto for the construction of a house worth P6,000.00. While the house is under construction, Barreto, with […]
G.R. No. L-38613 – 112 SCRA 199 – Mercantile Law – Insurance Law – The Policy – Separate Premiums Not Required for Cover Notes In 1963, Pacific Timber Export Corporation (PTEC) applied for a temporary marine insurance from Workmen’s Insurance Company (WIC) in order for the latter to insure 1,250,000 […]
G.R. No. 124050 – 274 SCRA 432 – Mercantile Law – Insurance Law – The Policy – Prescription of Filing of Insurance Cases In 1983, Hongkong Government Supplies Department (HGSD) contracted Mayer Steel Pipe Corporation for the latter to manufacture and deliver various steel pipes and fittings. Before Mayer Steel […]
G.R. No. 119176 – 379 SCRA 423 – Mercantile Law – Insurance Law – The Policy – Automatic Increase in the Coverage – Documentary Stamp Tax Prior to 1984, Lincoln Philippine Life Insurance Company, Inc. (now called Jardine-CMA Life Insurance Company, Inc.) used to issue policies called “Junior Estate Builder […]
G.R. No. L-54140 – 145 SCRA 42 – Mercantile Law – Insurance Law – The Policy – Prescription of Filing of Insurance Cases In 1976, Choa Tiek Seng contracted Frota Oceanica Brasiliera for the latter to deliver goods. Choa Tiek Seng insured the goods with Filipino Merchants Insurance Company. The […]
G.R. No. L-36637 – 84 SCRA 76 – Civil Law – Land Titles and Deeds – Judgment Confirms Title – In whose name may title be dealt with – Sec 29, PD 1529 In 1964, it was proven that a parcel of land located in Sta. Maria, Bulacan, is owned […]
G.R. No. L-22710 – 20 SCRA – Civil Law – Obligations and Contract – Extinguished Obligation Via Payment Cannot Be Revived From 1951 to 1952, Philippine Ready-Mixed Concrete Co., Inc. (PRMCCI) undertook to build roads for the government. PRMCCI is to get its payment from the Bureau of Public Works. On […]
G.R. No. 138945 – 409 SCRA 306 – Civil Law – Obligations and Contract – Void Contracts – Lack of Consent In 1966, Dorotea Inot and 2 of her children, Victoriano Baba and Gregorio Baba sold a parcel of land to Felix Gochan and Sons Realty Corporation (Gochan Realty). Consequently, […]
G.R. No. L-62431-33 – 360 SCRA 127 – Mercantile Law – Negotiable Instruments Law – Check Payments – Due Diligence in Presenting Checks for Payment Honor Moslares and Pio Barretto Realty Development Corporation are disputing over the estate of Nicolai Drepin, represented by Atty. Tomas Trinidad. To settle the dispute, […]
G.R. No. 105188 – 284 SCRA 643 – Mercantile Law – Negotiable Instruments Law – Consummation of Sale in Lieu of Check Payment Myron Papa is the administrator of the estate of Angela Butte. In 1973, he sold a portion of said estate to Felix Peñarroyo through A.U. Valencia and […]
G.R. No. 117857 – 351 SCRA 100 – Mercantile Law – Negotiable Instruments Law – Batas Pambansa 22 – Knowledge of Insufficiency Criminal Law – Special Penal Laws – Batas Pambansa Blg. 22 – Elements – Notice of Dishonor – Presumption of Knowledge of Insufficiency Luis Wong is a collector […]