G.R. No. 136448 – 317 SCRA 728 – 376 Phil. 76 – Civil Law – Partnership – Liabilities of Partners – Corporation by Estoppel It was established that Lim Tong Lim requested Peter Yao to engage in commercial fishing with him and one Antonio Chua. The three agreed to purchase […]
Civil Law
G.R. No. 144755 – 459 SCRA 604 – Civil Law – Secured Transactions – Mortgage – Terms of Loan Remedial Law – Civil Procedure – Non-Forum Shopping – Certification – Signature of both spouses – Pro-Forma Complaint The spouses Estares secured a loan of P800k from Prominent Lending & Credit […]
G.R. No. L-14070 – 1 SCRA 899 – Civil Law – Wills and Succession – Promise – Trust Sometime before 1898, Simeon Blas married Marta Cruz with whom he had three children. He also had grandchildren from his children with Marta Cruz. In 1898, Marta Cruz died. In 1899, Blas married […]
G.R. No. 172690 – 614 SCRA 141 – Civil Law – Partnership – Partner – Periodic Accounting – Profit Sharing In 1980, the heirs of Jose Lim alleged that Jose Lim entered into a partnership agreement with Jimmy Yu and Norberto Uy. The three contributed P50,000.00 each and used the […]
G.R. No. 126881 – 341 SCRA 740 – Civil Law – Partnership – Periodic Accounting – Profit Sharing Benguet Lumber has been around even before World War II but during the war, its stocks were confiscated by the Japanese. After the war, the brothers Tan Eng Lay and Tan Eng […]
G.R. No. 134559 – 378 Phil. 170 – Civil Law – Partnership – Sharing of Loss in a Partnership – Industrial Partner not Liable for Losses In 1969, sisters Antonia Torres and Emeteria Baring entered into a joint venture agreement with Manuel Torres. Under the agreement, the sisters agreed to […]
G.R. NOS. 166299-300 – 513 Phil. 707 – Civil Law – Partnership – Partnership, how formed Aurelio and Eduardo are brothers. In 1973, Aurelio alleged that Eduardo entered into a contract of partnership with him. Aurelio showed as evidence a letter sent to him by Eduardo that the latter is […]
June 30, 2005, 462 scra 614 Meeting of the Minds in a Contract of Sale This is a case involving family members. In April 1987, Ainza and her daughter Eugenia orally agreed that Ainza pay P100k in exchange for half of the portion of Eugenia’s undivided conjugal property (a lot […]
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-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. 77770 – 168 SCRA 503 – Civil Law – Land Titles and Deeds – Judgment Confirms Title – Sec 30 and 32 PD 1529 A court ruling (Philippine Islands vs Abran) settled that 12 parcels of land belonged to one Consolacion Gomez. Consolacion later died and the 12 parcels […]