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 […]
Civil Law
297 posts
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 […]
G.R. No. 187847 – Civil Law – Conflict of Laws – Most Significant Relationship Rule Succession – Death Benefits Do Not Form Part of a Decedent’s Estate In January 2000, Efren Alcañeses died in a plane accident in Ivory Coast. He was survived by his widow, Esther Alcañeses. In July […]
G.R. No. 240199 – 851 Phil. 1143 – Remedial Law – Special Proceedings – Settlement of Estate of Deceased Persons – General Principles – When does successional rights commence?Civil Law – Succession – Start of Successional Rights In 1986, Amanda Burgos executed a will whereby she devised a property in […]
G.R. No. 196049 – 700 SCRA 69 – Remedial Law – Special Proceedings – Proving a Fact – Matter of proving foreign law is covered by special proceedings Civil Law – Persons and Family Relations – Dissolution of Marriage – Petition for Annulment – Divorce Obtained Abroad – Who may […]