G.R. No. 118127 – 495 Phil. 289 – 455 SCRA 308 – Political Law – Constitutional Law – Police Power On 30 March 1993, Manila Mayor Alfredo Lim signed into law Ordinance No. 7783 entitled AN ORDINANCE PROHIBITING THE ESTABLISHMENT OR OPERATION OF BUSINESSES PROVIDING CERTAIN FORMS OF AMUSEMENT, ENTERTAINMENT, […]
Case Digest
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G.R. No. 122846 – 596 Phil. 444 – 576 SCRA 416 – Political Law – Constitutional Law – Police Power – Not Validly Exercised – Infringement of Private Rights On 3 Dec 1992, then Mayor Lim signed into law Ordinance No. 7774 entitled “An Ordinance prohibiting short time admission […]
G.R. No. 160026 – 564 Phil. 520 – 539 SCRA 564 – Civil Law – Credit Transactions – Credit Card – Credit Card Fees – Interest Rate – Penalty Edmerito Gobonseng subscribed for a credit card with Unibancard Corporation. The credit limit was P10k a month. The terms of the […]
G.R. Nos. 82282-83 – 249 Phil. 739 – 167 SCRA 815 – Civil Law – Credit Transactions – Continuing Surety In 1980, Dynetics Inc., through its president, acquired a P25M export loan from Security Bank. In 1982, a credit accommodation (SWAP loan) was opened by Security Bank in favor of […]
G.R. No. 135046 – 371 Phil. 533 – 312 SCRA 611 (110 SCAD 964) – Civil Law – Obligations and Contracts – Interest – Extinction of Obligations; Novation – CB Circular 905In 1978, Spouses Laarni and Florante Bautista, acquired a loan (abt. P100k) from Apex Corp. The spouses executed a […]
G.R. No. 164159 – 554 Phil. 591 – 527 SCRA 727 – Civil Law – Obligations and Contracts – Dacion en Pago – Indebtedness – CB Circular 905 – Interest Rate In 1988, Honorio Bulos, Jr., Atty. Tabalingcos and Dr. Lim incurred a P2.5M loan from Koji Yasuma, a Japanese […]
G.R. No. 147748 – 521 Phil. 549 – 487 SCRA 423 – Mercantile Law – Law on Insurance – Contract of Adhesion – Contract Binds Parties – Pre-Need Plan – when insurance may not pay Visitacion Gaw bought a transferable pre-need plan from Pacific Plans in 1982. The plan provides […]
G.R. No. 123298 – 462 Phil. 172 – 416 SCRA 491 – Criminal Law – Book I – Mitigating Circumstances – Minority as a Defense – No Certificate of Birth Calpito was convicted of murder by the regional trial court. On November 21, 1990, Calpito robbed and killed a […]
G.R. No. 158026 – 575 Phil. 498 – 552 SCRA 545 – Civil Law – Credit Transactions – Mortgage – Interest – Penalty Apart from Interest Spouses Armando and Dorie Nicolas bought a parcel of land in Bulacan from Del Nacia via an Agreement. It was agreed that the downpayment […]
G.R. No. 178449 – 590 Phil. 827 – 569 SCRA 814 – Civil Law – Credit Transactions – Mortgage – Period of Redemption In 1974, the company co-owned by Tan, acquired a P250k loan from Metrobank. In 1976, the same company acquired another P150k loan from Metrobank. In 1979, it […]
G.R. No. 113926 – 331 Phil. 787 – 263 SCRA 483 – Civil Law – Credit Transactions – Central Bank Circular No. 905 – Interest Rate – 12% Annum Interest Rate – Legal Rate – When my courts reduce interest rate In 1983, Magtanggol Eusebio acquired 3 separate loans from […]
G.R. No. 151867 – 466 Phil. 226 – 421 SCRA 461 – Civil Law – Persons and Family Relations – Family Code – Article 46 vs Article 36 – Sexual infidelity is not psychological incapacity In 1966, David Dedel and Sharon Corpuz married each other. They had four children […]
G.R. No. L-12790 – 109 Phil. 273 – Civil Law – Persons and Family Relations – Grounds for Annulment of Marriage – Impotency Joel Jimenez and Remedios Cañizares are husband and wife. Joel later filed for annulment on grounds that Remedios is impotent because her genitals were too small […]
G.R. No. 155800 – 519 Phil. 337 – 484 SCRA 353 – Civil Law – Persons and Family Relations – Family Code – Annulment of Marriage – Article 45 (3) distinguished from Psychological Incapacity (Article 36) In 1990, Leonilo Antonio married Marie Ivonne Reyes, who was ten years older […]
G.R. No. 132955 – 536 Phil. 404 – 505 SCRA 564 – Civil Law – Persons and Family Relations – Family Code – Grounds for Annulment of Marriage – Article 45; Fraud, Intimidation, Concealment of Pregnancy In April 1988, Orlando Villanueva married Lilia Canalita before a trial court judge […]
G.R. No. L-18176 – 124 Phil. 1043 – 18 SCRA 450 – Civil Law – Preliminary Title – Lex Loci Celebracionis – Nationality Principle Lazaro Rayray married Chae Kyung Lee in 1952 in Pusan, Korea. Before the marriage, Lee was able to secure a marriage license which is a […]