G.R. No. 166676 – 565 SCRA 72 – Remedial Law – Special Proceedings – Change of Name – Correction of Entries – Instance where a biological female is allowed to be registered as male Civil Law – Civil Status – Registration of Births Jennifer Cagandahan was registered as a female. […]
General Principles
34 posts
G.R. No. 175822 – 708 SCRA 420 – Civil Law – General Principles – Article 19; Abuse of Right In July 2001, Shirley Quiñones, after receiving an official receipt from the cashier as proof of payment for a pair of jeans, went out of the Guess USA Boutique (California Clothing, […]
G.R. No. 119602 – 342 SCRA 213 – Civil Law – General Principles – Conflict of Laws – Private International Law – Proof of Foreign Law – Processual Presumption In the Orinoco River in Venezuela, it is a rule that ships passing through it must be piloted by pilots familiar […]
G.R. No. L-23226 – 47 Phil. 543 – Political Law – Law on Public Officers – No Vested Right In A Public Office Civil Law – General Principles – Prospective Application of Laws – Retroactivity must be provided for In 1907, Vicente Segovia was appointed as judge in Dumanjug, Cebu. […]
G.R. No. 120132 – 250 SCRA 629 (321 Phil. 224) – Civil Law – General Principles – Social Justice – Urban Development and Housing Act of 1991 Remedial Law – Civil Procedure – Special Civil Actions – Ejectment – Ejectment of Informal Settlers – Urban Development and Housing Act of […]
G.R. No. L-18046 – 10 SCRA 549 – Civil Law – Law on Property – Co-ownership – Equity – Rights of Co-owners Civil Law – General Principles – Retroactivity of Laws In 1917, Crispina Miranda acquired a title over a 590 sq. m. land in Biñan, Laguna. In 1924, she […]
G.R. No. L-7817 – 100 Phil 168 – Civil Law – Torts and Damages – Obligations arising from human relations Prior to 1948, Commercial Airlines (CALI) owed P170k (abt. $79k) to Shell Company. CALI offered its C-54 plane as payment to Shell Company (the plane was in California) but Shell at that […]
G.R. No. L-23052 – 22 SCRA 267 – Civil Law – Torts and Damages – Liability of municipal corporations in certain cases General Principles – General Law vs Special Law – A Special Law may contain General Laws and Vice Versa One day in January 1958, at about 8pm, Genaro Teotico […]
G.R. No. 140420 – 351 SCRA 73 – Civil Law – Article 19 – Abuse of Rights – Damnum Absque Injuria In 1965, Atty. Sergio Amonoy represented Alfonso Fornilda (also spelled Formida) in a partition case. Since Fornilda had no money to pay, he agreed to make use of whatever […]
G.R. No. 120706 – 324 SCRA 85 – Civil Law – Torts and Damages – Human Relations – Article 26 – “Human Personality Exalted By Laws” The spouses Nestor and Allem Nicolas were the lessees of Florence Concepcion. The spouses were engaged in an office supply business where they cater […]
G.R. No. L-20089 – 12 SCRA 648 – Civil Law – Torts and Damages – Article 21 of the Civil Code – Moral Damages – Exemplary Damages – Breach of Promise to Marry In 1954, Francisco Velez and Beatriz Wassmer planned their marriage. They decided to schedule it on September 4, […]
G.R. No. 97336 – 219 SCRA 115 – Civil Law – Torts and Damages – Breach of promise to Marry – Article 21 of the Civil Code In August 1986, while working as a waitress in Dagupan City, Pangasinan, Marilou Gonzales, then 21 years old, met Gashem Shookat Baksh, a 29 […]
G.R. No. L-18176 – 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 requirement in Korea prior to […]
G.R. No. 108461 – 263 SCRA 421 – Civil Law – General Principles – Publication of Laws; Administrative Orders Philippine International Trading Corporation issued Administrative Order No. SOCPEC 89-08-01 under which applications to the PITC for importation from China must be accompanied by a viable and confirmed export program of […]
G.R. No. 132344 – 327 SCRA 804 – Civil Law – Human Relations – Article 19 of the Civil Code In 1987, Romeo Jader was a graduating law student at the University of the East. He failed to take the regular examination in Practice Court 1 for which he was […]
G.R. No. L-55960 – 167 SCRA 737 – Civil Law – Preliminary Title – Conflict of Laws – Foreign Laws – Applicability of Foreign Marriage Laws Sy Kiat, a Chinese national, died on January 17, 1977 leaving behind properties here in the Philippines. Thereafter, Aida Sy-Gonzales et al filed a petition […]