G.R. No. 228127 – Civil Law – Persons and Family Relations – Family Code – Void Marriages – Psychological Incapacity – Either Spouse May File Petition – Psychologically Incapacitated Spouse May File Petition Remedial Law – Special Proceedings – Declaration of Nullity of Marriage – Proper Party In 1988, after […]
Civil Law
300 posts
G.R. No. 259520 – Civil Law – Persons and Family Relations – Family Code- Void Marriages – Bigamous Marriages – Guilty Spouse Cannot Seek Nullity of Bigamous Marriage Remedial Law – Special Proceedings – Declaration of Nullity of Marriages – Property Party In 1994, Maria Lina Quirit married Ho Kar […]
G.R. No. 183872 – 747 Phil. 1 – Civil Law – Obligations and Contracts – Article 1715 – Demand Need Not Be In Writing Spouses Dana and Cerelina Caswell contracted Owen Prosper Mackay for the installation of electric wirings in their properties. They agreed that the cost of Mackay’s service […]
G.R. No. L-27952 – 197 Phil. 647 – 111 SCRA 704 – Civil Law – Law on Succession – Alien Spouse May Inherit From Filipino Spouse In 1964, Jose Eugenio Ramirez, a Filipino, died. He had no children and he was survived by Marcelle Ramirez, his French citizen wife. He […]
G.R. No. 140608 – 482 Phil. 193 – 439 SCRA 1 – Civil Law – Obligations and Contracts – Prescription of Actions – Collection of Sum of Money – Period to Collect Debts – Prescriptive Period; Interruption vs Suspension Remedial Law – Civil Procedure – Manner of Pleading Allegations – […]
G.R. No. 192971 – 823 Phil. 200 – 850 SCRA 209 – Civil Law – Law on Property – Prescription of Actions – Right to Foreclose – Commencement of Prescriptive Period Remedial Law – Civil Procedure – Manner of Making Allegations – Ultimate Facts – Specific Denial On 14 May […]
G.R. No. 95305 – 212 SCRA 725 – Remedial Law – Special Proceedings – Guardianship – Judicial Authority to Sell Minor’s Property Civil Law – Family Law – Alienation of a Child’s Property – Judicial Approval Needed Regardless of Property’s Value In 1966, Dolores Luluquisin, a widow, sold a property […]
G.R. No. 131803 – 365 Phil. 354 – 305 SCRA 800 – Civil Law – Law on Property – Modes of Acquiring Ownership – Prescription; Ordinary Prescription Since 1939, Jose Marcelo has been in possession of a parcel of lot in Angat, Bulacan. In 1965, Jose died. In 1967, his […]
G.R. No. 109215 – 390 Phil. 740 – 335 SCRA 418 – Civil Law – Law on Property – Modes of Acquiring Ownership – Prescription; Acquisitive Prescription – Ten-Year Period In 1988, the Heirs of Roberto Cutanda filed a complaint for recovery of possession against Dominica Cutanda et al. The […]
G.R. No. 210504 – 824 Phil. 454 – 852 SCRA 631 – Civil Law – Law on Property – Recovery of Possession – Accion Reivindicatoria is a real action but in personam; Exceptions The Heirs of Alfonso Yusingco won several cases (accion reivindicatoria cases) and their ownership over certain parcels […]
G.R. No. 170189 – 644 Phil. 43 – 629 SCRA 580 – Civil Law – Law on Property – Recovery of Property – Accion Reivindicatoria Builder in Bad Faith – Knowledge of Encroachment Spouses Elegio and Dolia Cañezo are the owners of a lot (Lot 13) in Mandaluyong. Adjacent to […]
G.R. No. 213687 – 868 Phil. 206 – 117 OG No. 33 – Civil Law – Persons and Family Relations – Article 147; Family Code – Special Co-Ownership – Property Regime of marriages Dissolved under Art. 36 Remedial Law – Special Proceedings – Petition for Declaration of Nullity of Marriage […]
G.R. No. 231319 – Civil Law – Persons and Family Relations – Void Marriage under Art. 36; Property Regime is Co-ownership; How dissolved Remedial Law – Special Proceedings – Petition for Declaration of Absolute Nullity of Marriage – There is Forum Shopping if Separate Proceedings is Filed to partition Properties […]
G.R. No. 122749 – 328 Phil. 1289 – 260 SCRA 221 – Civil Law – Persons and Family Relations – Family Code – Annulment of Marriage; Psychological Incapacity – Property Relations between spouses whose marriage is dissolved under Article 36 is governed by co-ownership; Dissolution of Property Regime Antonio Valdes […]
G.R. No. L-48840 – 74 Phil. 479 – Remedial Law – Special Proceedings – Settlement of Estate – Probate of Will – Probate is Mandatory; Heirs cannot disregard will Civil Law – Succession – Last Will and Testament – Heirs cannot disregard will Ernesto Guevara and Rosario Guevara were children […]
G.R. No. 209518 – 811 Phil. 192 – Remedial Law – Civil Procedure – How Jurisdiction acquired; Summons – Voluntary Appearance Civil Law – Land Titles and Deeds – Title cannot be collaterally attached In 2011, Ana Kari Carmencita Nustad filed a civil case against Ma. Hazelina Tujan-Militante. Ana prayed […]